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From the monthly archives:

December 2008

The Seating of Roland Burris in the United States Senate

December 31, 2008

     Disgraced Illinois governor Rod Blagojevich has announced his intention to appoint Roland Burris to the United States Senate, and the democratic leadership in the Senate has expressed its opposition to the seating of Mr. Burris.  What does the Constitution have to say about this?

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Lincoln and the Transcendent Constitution: (2) The Apple of Gold and the Picture of Silver

December 31, 2008

     The first evidence of Lincoln's view of the Constitution for us to consider is from an undated fragment found among Lincoln's presidential papers after his death.  Some scholars believe that this was written shortly after Lincoln took office in 1861, and that it may have been intended as a response to his friend Alexander Stephens, the [...]

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The Toussie Pardon Withdrawal and Marbury v. Madison

December 28, 2008

     There is an ongoing debate at talkingpointsmemo.com and other websites about whether President Bush has the power to rescind the pardon that was granted to Isaac Toussie, who had been convicted of federal crimes related to real estate manipulation.  The pardon had been signed by the President but not delivered to Mr. Toussie.  The President contends [...]

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Santa Claus as Ponzi Scheme

December 25, 2008

Prof. Ribstein breaks the story here.
If a Ponzi scheme is properly defined as being based on the  "rob-Peter-to-pay-Paul" principle, then what else might we dub a Ponzi scheme during this season of giving?  Perhaps, our consumerism–which promises us happiness today while selling out our future.
Happy Holidays!

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Lincoln and the Transcendent Constitution: (1) The Constitution and the Declaration

December 23, 2008

     Lincoln changed our perception of what it is to be an American by changing our understanding of the meaning of the Constitution, and he achieved this by incorporating the principles of the Declaration of Independence into the Constitution, particularly the phrase, "all men are created equal."

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Madoff and the Myth of Sophisticated Investors

December 18, 2008

Our system of securities regulation reserves a special place for sophisticated investors.  For example, under Rule 506 of Regulation D (which allows companies to raise an unlimited amount of money through an unregistered offering of securities so long as the requirements of the rule are satisfied):
The company may sell its securities to an unlimited number [...]

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Rick Warren and Joseph Lowery at the Inauguration

December 18, 2008

     I am cheered at the fact that both Rick Warren and Joseph Lowery will play a role at the Inauguration on January 20.  I think that the inclusion of both of them reflects fundamental constitutional values.

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The 2008-2009 Supreme Court Term: (5) Altria Group, Inc. v. Good – Another Tort Preemption Case

December 15, 2008

     The Supreme Court decided another tort preemption case today.  The Court somewhat clarified the law of preemption, but it was another 5-4 decision.

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Analysis of Illinois Attorney General Suit to Remove Governor Blagojevich

December 13, 2008

     Illinois Attorney General Lisa Madigan has filed a lawsuit in the Illinois Supreme Court to remove Governor Rod Blagojevich from office.  What is the legal basis for this suit, and would removing the Governor be constitutional?

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Akron Law to Hold Open House on Jan. 3

December 12, 2008

Prospective law students can learn about the opportunities at The University of Akron School of Law at an open house from 1 – 3 p.m. on Saturday, Jan. 3.
The program will include an admissions and financial aid session; a mock law class; and a student and alumni panel discussion. Prior to the open house, guided [...]

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Reading Judicial Opinions Critically: A Poll

December 11, 2008

The Sixth Circuit recently dismissed the case of J & R Marketing v. General Motors because, among other things, the court deemed challenged statements made by the defendant to be immaterial as a matter of law.  In connection with this opinion, I'd like you to consider the two pieces of text below and then [...]

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Standing to Challenge Barack Obama's Eligibility to Serve as President

December 8, 2008

     On Monday, December 8, the Supreme Court turned down a request to prevent the Presidential Electors from voting for Barack Obama our next President.  A number of persons have brought lawsuits contending that Barack Obama is not a "natural born" United States citizen and that therefore he is ineligible to become President. In order to [...]

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