All CATEGORIES
☰ Menu
Akron Law Café

Blasphemy!

By Wilson Huhn Published: March 27, 2011

The assassination of Shahbaz Bhatti is indeed an act of blasphemy - a betrayal of the fundamental principles of freedom and equality that Pakistan was founded upon.

The Islamic Republic of Pakistan makes it a crime to utter any word, make any sound, make any gesture, or place any object in the sight of another person "with the deliberate intention of wounding the religious feelings of any person."  Although the law as written applies to insults against any religion, as a practical matter this law is only applied when Islam is the subject of the insulting word, sound, gesture, or object.  While the government has never executed anyone for blasphemy, dozens of people have been killed by vigilantes for this offense.

To read more or comment...

Mobile Apps for Searching the Law

By Lynn Published: March 25, 2011

Use these apps to conduct quick research while on the go.  This new library guide describes the latest legal research apps for iPhones, iPads, iPods and Android mobile devices.  Some apps cost to down load, a few require a subscription to use, but the majority of these apps are free to use!  The guide also links to websites and blogs where you can find more law related apps. 

 

To read more or comment...

Shareholder Ratification of Auditors and the Federalization of Corporate Law

By Stefan Published: March 24, 2011

Some thoughts (by J. Robert Brown) here.

To read more or comment...

Professor Burnele Powell to Speak at Akron Law on April 8. Free CLE offered.

By Diana Published: March 24, 2011

The Akron Law Joseph G. Miller and William C. Becker Center for Professional Responsibility welcomes Professor Burnele Venable Powell from the University of South Carolina School of Law on Friday, April 8 at 4 p.m. Professor Powell's lecture, titled "What Counts When We Count on Lawyers Being Good? Preliminary Thoughts on the ABA National Lawyer Regulatory Data Bank" will focus on thoughts about lawyer discipline generated by his examination of the ABA's national registry of reported incidents of disciplinary actions taken against lawyers in relation to suggestions about what the legal profession might do differently to increase ethical lawyer behavior. One hour of FREE CLE will be offered. Visit here for more details and registration information.

To read more or comment...

Steal This Post!

By Brant Published: March 22, 2011

(Apologies to Abbie Hoffman.)

You may be aware that the venerable New York Times has announced that at the end of this month it will begin a controversial new program: it will put its content behind a paywall. This is of course part of the rapid evolution of news media in the internet age. When readers have become accustomed to getting all their news for free, how can reputable news organizations stay in business?

To read more or comment...

IP Symposium: Ethical Implications of Use of Private Investigations

By Ryan Published: March 21, 2011

Ethics - Ethical Implications of Use of Private Investigators

Moderator/Commentor: Professor Jack Sahl, Akron Law
Panelist: Philip Barengolts, Pattishall McAuliffe

To read more or comment...

IP Symposium: The Supreme Court's Patent Docket

By Ryan Published: March 21, 2011

Panel Discussion: The Supreme Court's Patent Docket

Moderator: Professor Robert C. Kahrl, Akron Law

To read more or comment...

IP Symposium: Implications of Costco on Exhaustion Doctrine

By Ryan Published: March 21, 2011

This post was written by Iken Sans, a law student at the University of Akron School of Law.

Panel Discussion: Implications of Costco on Exhaustion Doctrine

To read more or comment...

IP Symposium: The Future of the Nation's Patent and Copyright Systems

By Ryan Published: March 21, 2011

IP Symposium: The Future of the Nation's Patent and Copyright Systems

Panelists:
The Honorable Paul R. Michel, former chief judge, U.S. Court of Appeals for the Federal Circuit

To read more or comment...

IP Symposium: Trademark Law Developments

By Ryan Published: March 21, 2011

Trademark Law Developments

Professor David Welkowitz, Whittier Law School discussed 5 different issues involving trademark law (dilution, adwords, contributory liability, aesthetic functionality, and rights of publicity).
Dilution

To read more or comment...

IP Symposium: Copyright Law Developments

By Ryan Published: March 21, 2011

Copyright Law Developments

Robert W. Clarida, Cowan Liebowitz & Latman

To read more or comment...

IP Symposium: Patent Law Developments

By Ryan Published: March 21, 2011

Patent Law Developments

Donald S. Chisum, Co-founder, Chisum Patent Academy, Author, Chisum on Patents

To read more or comment...

The Constitutionality of Military Action Against Libya

By Wilson Huhn Published: March 20, 2011

Is it constitutional for President Obama to have ordered military action against Libya without specific Congressional approval?

Following the adoption of U.N. Security Council Resolution 1973, the President decided to enforce a "no-fly zone" in Libya -  along with allies conducting a bombing campaign targeting  military targets of the Gadhafi regime.  A number of political figures have expressed their opinions about the constitutionality of this decision.  Senator Richard Lugar (R-IN), Representative Ron Paul (R-TX) and Representative Dennis Kucinich (D-OH) all state that the military action is unconstitutional, while Secretary of State Hillary Rodham Clinton and Representative Mike Rogers (R-MI), Chair of the House Intelligence Committee have voiced support for the constitutionality of the decision.  Commentator Glenn Greenwald takes a strong position against its constitutionality.  In my opinion, the President's action is probably not constitutional.  Unlike Greewald, however, I think that the question is a close one that turns upon an interepretation of treaty provision of the War Powers Act

To read more or comment...

Popular Sovereignty and the Unnatural Separation of Control and Liability

By Stefan Published: March 19, 2011

I offer some brief comments on Prof. Huhn's recent post here.

To read more or comment...

Trump Renews Claim That No One Knew Barack Obama in Kindergarten

By Wilson Huhn Published: March 19, 2011

Over the weekend Donald Trump again stated that he still has "a little doubt" that Obama was born in Hawaii because no-one remembers him from kindergarten.

Jillian Rayfield at TPM reports about statements that Donald Trump recently made on ABC's Good Morning America:

To read more or comment...

Buying Your First Home

By Brant Published: March 17, 2011

Here's an HGTV episode that stars a former student of mine, Chris Chan, now a patent lawyer in Washington DC. The show follows Chris as he goes through the process of buying his first home.

To read more or comment...

Looting After the Tsu-nuke-quake

By Brant Published: March 16, 2011

In the aftermath of Hurricane Katrina, there were reports of widespread looting in New Orleans, and in the debate about the justification for looting, arguments tend to revolve around whether the behavior in question is perceived as exploitive criminality, for which a law enforcement crackdown would be in order, or foraging for necessities in extreme circumstances, for which sympathy would be a more appropriate response. As such judgments can be subjective, mis-categorization can occur.

In the ongoing tsunami/earthquake/nuclear power catastrophe in Japan, commentators have begun to discuss the apparent lack of looting behavior.  Most attribute this to Japanese cultural values and norms. In one discussion thread on the Daily Dish, one reader reported the following:

To read more or comment...

Attorney Client Privilege and Jim Tressel

By Diana Published: March 16, 2011

Click here to read a Columbus Dispatch story in which Professor Jack Sahl is quoted in a story regarding attorney-client privilege and Jim Tressel.

To read more or comment...

Links to Information About the Mark 1 Nuclear Reactors

By Wilson Huhn Published: March 16, 2011

Here are some links to information about the Mark 1 nuclear reactors similar to the Fukushima reactor in Japan currently facing the potential of core meltdown, and reaction to the accident.

Tom Zeller, Jr., New York Times (March 15, 2011) Experts Had Long Criticized Potential Weakness in Design of Stricken Reactor (setting forth criticisms of the Mark 1 design)

To read more or comment...

Popular Sovereignty and Seven Fundamental Principles of Constitutional Law

By Wilson Huhn Published: March 15, 2011

The foundation principle of Constitutional Law is that the people are sovereign - all just powers of the government are derived from the consent of the governed.

In an article recently published by William & Mary Bill of Rights Journal I propose that seven fundamental principles of Constitutional Law are derived from the notion of "popular sovereignty" - the idea that the people are sovereign.   Those principles are:

To read more or comment...

Bluffing and Blogging In Vegas

By Stefan Published: March 12, 2011

You can find my brief report here.

To read more or comment...

Yesterday, we kicked off "the biggest insider trading trial in a generation."

By Stefan Published: March 10, 2011

You can find the source of the quote and other relevant links here.

To read more or comment...

A Response to Rick Santorum: The Right of Free Exercise Is Not Equivalent to the Right to Discriminate in the Performance of Public Functions

By Wilson Huhn Published: March 8, 2011

On March 4 former Pennsylvania Senator and possible Presidential candidate Rick Santorum published a guest editorial in the Des Moines Register entitled Forefathers Fought for Religious Freedom.  Santorum confuses the right to free exercise of religion with the right to discriminate. 

The introductory paragraph of Santorum's article states:

To read more or comment...

Bad Writing in Business Schools

By Stefan Published: March 6, 2011

You'll find a relevant link (along with a profound title) here.

To read more or comment...

News on Libyan Uprising

By Wilson Huhn Published: March 6, 2011

Here is some background information about Libya and links to news stories out of Libya.

To read more or comment...

Is Citizens United Anti-Incumbent or Pro-Business?

By Stefan Published: March 5, 2011

Some related thoughts here.

To read more or comment...

Possible Referendum on S.B. 5

By Wilson Huhn Published: March 5, 2011

If enacted by the Ohio General Assembly, will S.B. 5 be be submitted to a vote by the people of Ohio?

Evan McMorris-Santoro of TPM posted an article entitled The Next Union Battlefield In Ohio: The Ballot Box suggesting that opponents of S.B. 5 may file a petition to challenge S.B. 5 in a referendum.  McMorris-Santoro links to a page of the Ohio Secretary of State website setting forth the Procedure for a Statewide Referendum.  According to the Secretary of State's office, if a petition with sufficient signatures is timely filed and all of the other requirements for a ballot measure are satisfied:

To read more or comment...

Pew Poll on Social Issues: Same-Sex Marriage, Abortion, Gun Control, and Legalization of Marijuana - Gender Gaps on Each Topic

By Wilson Huhn Published: March 4, 2011

On March 3 the Pew Research Center released a report on Americans' Attitudes Towards Social Issues on four controversial topics.

Pew reports that support is growing for the right of gay and lesbian couples to marry, for women to be permitted to choose to terminate their pregnancies, and for the legalization of marijuana.  Americans remain evenly divided over gun control.  There has historically been a significant "gender gap" on three of the foregoing issues, although the March 3 report releases information about men's and women's relative views on only one of the topics. 

To read more or comment...

Climate Change and U.S. Law

By Lynn Published: March 4, 2011

Hat tip to the RIPS Law Librarian Blog.

'Climate change affects many areas of U.S. law including SEC disclosure rules, tax law, rules regarding facility permits, insurance law, greenhouse gas reporting, etc.'  

To read more or comment...

Lady LawGa

By Brant Published: March 4, 2011

Yes, it's a law-related music video spoof. I like the post-it note dress. This should be a regular feature, don't you think? Video link below.

The 2010 NYU Law Revue presents Lady LawGa in "Just Cram."

To read more or comment...

Celebrity Court Radio on Charlie Sheen, Mel Gibson, and Kelley Williams-Bolar

By Brant Published: March 4, 2011

The current ABA Journal has an article about Elizabeth Kelley, a Cleveland solo with a weekly radio show on celebrity legal stories. Listen to her take on the legal problems of Mel Gibson, Charlie Sheen, Kelley Williams-Bolar and others here.

To read more or comment...

2010-2011 Supreme Court Term: Three Significant Omissions from the Court's Decision in Snyder v. Phelps

By Wilson Huhn Published: March 4, 2011

I agree with the result that the Supreme Court reached in Snyder v. Phelps, the military funeral protester case.  However, the Court failed to adequately discuss three matters.

On March 2 I posted a brief summary of the Court's decision in Snyder v. Phelps upholding the right of the the Phelps' family (the Westboro Baptist Church) to engage in protests at military funerals.  As I noted there, the Court based its decision on three findings: The Phelps family was raising issues of public concern, not matters of private concern; the Phelps family was standing on public property 1000 feet away from the church and did not physically disrupt the funeral; and the laws in question that permit suit for invasion of privacy and intentional infliction of emotional distress were being applied in a content-based or viewpoint-based manner,  resulting in a strong presumption against their constitutionality as applied here.

To read more or comment...

H.R. 3, "No Taxpayer Funding for Abortion Act"

By Wilson Huhn Published: March 4, 2011

The House Judiciary Committee approved H.R. 3, the "No Taxpayer Funding for Abortion Act."

Molly Hooper of The Hill reports House Judiciary OKs bill denying federal funds for abortion and Jillian Rayfield of TPM posted House Judiciary Approves 'No Taxpayer Funding for Abortion Act'.  Both reporters note that the most  controversial portion of the bill - a provision that would have limited taxpayer funding to cases of "forcible rape," thus excluding coverage for children who become pregnant through non-violent intercourse, was dropped from the bill.

To read more or comment...

The She-Hulk Violates Rule 7.3 of the NY Rules of Professional Conduct

By Brant Published: March 2, 2011

I just learned of the blawg "Law and the Multiverse," which considers legal issues that arise in the world of superheroes. One recent entry:

But then Walters commits a significant ethical lapse.  She tells the rescued woman 'Miss, I should inform you that I'm an attorney.  And I'd be more than happy to represent you if you feel that these 'heroes' and their delayed response has in any way caused you emotional distress."

To read more or comment...

Supreme Court Decides Snyder v. Phelps, Military Protester Funeral Case

By Wilson Huhn Published: March 2, 2011

     The Supreme Court issued its decision in Snyder v. Phelps this morning.   Here is a brief summary of the decision.

     Earlier today by a vote of 8-1, the Supreme Court issued a decision in favor of the Phelps' family, the Westboro Baptist Church.   The Court's key findings were as follows:

To read more or comment...