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Publications from 2007

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Congress Has the Power to Enforce the Bill of Rights Against the Federal Government: Therefore FISA is Constitutional and the President's Terrorist Surveillance Program is Illegal, Wilson R. Huhn

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In Defense of the Roosevelt Court, Wilson R. Huhn

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The Devil in the Details: On Intelligent Design, Racial Conspiracy Theories, and the Theology of Whiteness, Brant T. Lee

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Ohio Trust Code: The Joint Committee's Proposal for its First Amendment, Alan Newman

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Proportionality and the Supreme Court's Jurisprudence of Remedies, Tracy A. Thomas

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The Continued Vitality of Prophylactic Relief, Tracy A. Thomas

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Design Patents: An Alternative When the Low Standards of Copyright are Too High?, Ryan G. Vacca

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Expanding Preferential Treatment Under the Record Rental Amendment Beyond the Music Industry, Ryan G. Vacca

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Who Knew? The Admissibility of Subsequent Remedial Measures When Defendants Are Without Knowledge of the Injuries, Ryan G. Vacca

Publications from 2006

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Unintended Consequences of the Fourteenth Amendment and What They Tell us About its Interpretation, Richard L. Aynes

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Preparing New Students for Legal Practice in a "Flat World", Martin H. Belsky

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Constitutional Jurisprudence of Sandra Day O'Connor: A Refusal to "Foreclose the Unanticipated", Wilson R. Huhn

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State Action Doctrine and the Principle of Democratic Choice, Wilson R. Huhn

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Personal and Political Bias in the Debate Over Federal Income Taxation Rates and Progressivity, Richard Kovach

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“Statistical Judo”: The Rhetoric of Senate Inaction in the Judicial Appointment Process, E. Stewart Moritz

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Powers of Withdrawal, Claims for Set-Off, and Spendthrift Protection, Alan Newman

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Report on HB 416: The Ohio Trust Code as Enacted, Alan Newman

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Book Review, Sharon Hatfield, Never Seen the Moon: The Trials of Edith Maxwell, Tracy A. Thomas

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Elizabeth Cady Stanton on the Federal Marriage Amendment: A Letter to the President, Tracy A. Thomas

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Restriction of Tort Remedies and the Constraints of Due Process: The Right to an Adequate Remedy, Tracy A. Thomas

Publications from 2005

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A Practical and Pragmatic Approach to Freedom of Conscience, Martin H. Belsky

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Should Attorneys Have a Duty to Report Financial Abuse of the Elderly?, Carolyn L. Dessin

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Alice in Wonderland Meets the U.S. Patent System, Jay Dratler

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Powers that be: A Reexamination of the Federal Courts' Rulemaking and Adjudicatory Powers in the Context of a Clash of a Congressional Statute and a Supreme Court Rule, Bernadette Bollas Genetin

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Powers That Be: A Reexamination of the Federal Courts' Rulemaking and Adjudicatory Powers in the Context of a Clash of a Congressional Statute and a Supreme Court Rule, Bernadette Bollas Genetin, Powers that be: A Reexamination of the Federal Courts' Rulemaking and Adjudicatory Powers in the Context of a Clash of a Congressional Statute and a Supreme Court Rule, 57 Baylor Law Review 587 (2005).

Available at: http://works.bepress.com/bernadette_genetin/1

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Ohio Issue 1 is Unconstitutional, Wilson R. Huhn

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Activist or Automaton: The Institutional Need to Reach a Middle Ground in American Jurisprudence, Richard L. Lavoie

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Spendthrift and Discretionary Trusts: Alive and Well under the Uniform Trust Code, Alan Newman

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The Intention of the Settlor Under the Uniform Trust Code: Whose Property Is It, Anyway?, Alan Newman

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Modification and Termination of Irrevocable Trusts Under the Ohio Uniform Trust Code, Alan Newman and Jamie R. Minor

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Bush v. Gore and the Distortion of Common Law Remedies, Tracy A. Thomas

Publications from 2004

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Direct Shipment of Wine, The Dormant Commerce Clause and the Twenty-first Amendment: A Call for Legislative Reform, Lloyd C. Anderson

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Is Transnational Litigation Different?, Samuel P. Baumgartner

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Eye of the Storm, Dana K. Cole

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Gerry Spence's The Smoking Gun As A Teaching Tool, Dana K. Cole

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Protecting the Interests of Older Clients in Multi-Generation Representations, Carolyn L. Dessin

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Assessing the Constitutionality of Laws that are Both Content Based and Content Neutral, Wilson R. Huhn

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Jurisprudential Revolution Unlocking Human Potential in Lawrence and Grutter, Wilson R. Huhn

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Scienter, Causation, and Harm: The Right-Hand Side of the Constitutional Calculus, Wilson R. Huhn

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Making a List and Checking It Twice: Must Tax Attorneys Divulge Who’s Naughty and Nice?, Richard L. Lavoie

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Subverting the Rule of Law: The Judiciary’s Role in Fostering Unethical Behavior, Richard L. Lavoie

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The Network Economic Effects of Whiteness, Brant T. Lee

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THE LAWYER DOTH PROTEST TOO MUCH, METHINKS: RECONSIDERING THE CONTEMPORANEOUS OBJECTION REQUIREMENT IN DEPOSITIONS, E. Stewart Moritz

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Ohio Uniform Trust Code Takes Shape, Alan Newman

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Codify -- Not Modify: Creditor Remedies and the Ohio Uniform Trust Code, Alan Newman and Richard E. Davis

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The Beecher Sisters as Nineteenth-Century Feminist Icons of the Sameness-Difference Debate, Tracy A. Thomas

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The Prophylactic Remedy: Normative Principles and Definitional Parameters of Broad Injunctive Relief, Tracy A. Thomas

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Ubi Jus, Ibi Remedium: The Fundamental Right to a Remedy, Tracy A. Thomas

Publications from 2003

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The Continuing Importance of Congressman John A. Bingham and the Fourteenth Amendment, Richard L. Aynes

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Financial Abuse of the Elderly: Is the Solution a Problem?, Carolyn L. Dessin

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Stages of Legal Reasoning: Formalism, Analogy, and Realism, Wilson R. Huhn

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Three Legal Frameworks for Regulating Genetic Technology, Wilson R. Huhn

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A Seldom Considered Aspect of Tax Fairness and Simplifications: The Need for a Coherent Policy Perspective on the Many and Varied Dollar Limitations Contained in the Internal Revenue Code, Richard Kovach

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The Cost of Humanitarian Assistance: Ethical Rules and the First Amendment, John P. Sahl

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Justice Scalia Reinvents Restitution, Tracy A. Thomas

Publications from 2002

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Human Rights and Civil Litigation in United States Courts: The Holocaust- Era Cases, Samuel P. Baumgartner

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Law Schools as Legal Education Centers, Martin H. Belsky

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Random vs. Suspicion-Based Drug Testing in the Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky

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Dutch, Dana K. Cole

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Expanding Felony-Murder in Ohio: Felony-Murder or Murder-Felony?, Dana K. Cole

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Psychodrama at Harvard, Dana K. Cole

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TLC in the Funny Papers, Dana K. Cole

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Expressly Repudiating Implied Repeals Analysis: A New Framework for Resolving Conflicts Between Congressional Statutes and Federal Rules, Bernadette Bollas Genetin

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Compelling Lessons in the First Amendment: Michael Kent Curtis, Free Speech, "The People's Darling Privilege": Struggles for Freedom of Expression in American History, Wilson R. Huhn

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Use and Limits of Syllogistic Reasoning in Briefing Cases, Wilson R. Huhn

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Impact of the 2001 Tax Act of Retirement Savings for Owners and Employees of Small Businesses, Richard Kovach

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The Janus-Like Nature of Treasury Regulations: Recent Promulgations Illustrate How Regulators Can Simplify as Well as Complicate Administration of the Internal Revenue Code, Richard Kovach

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A World of Taxpayers? Not A Small World After All, Richard L. Lavoie

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Teaching the Amistad, Brant T. Lee

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The Rights of Creditors of Beneficiaries under the Uniform Trust Code: An Examination of the Compromise, Alan Newman

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Understanding Prophylactic Remedies Through the Looking Glass of Bush v. Gore, Tracy A. Thomas

Publications from 2001

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Psychodrama and the Training of Trial Lawyers: Finding the Story, Dana K. Cole

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Teaching Legal Analysis Using a Pluralistic Model of Law, Wilson R. Huhn

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Family Development Deductions – An Alternative to Repealing the Estate Tax, Richard Kovach

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Deputizing the Gunslingers: Co-opting the Tax Bar Into Dissuading Corporate Tax Shelters, Richard L. Lavoie

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A Racial Trust: The Japanese YWCA and the Alien Land Law, Brant T. Lee

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Congress' Section 5 Power and Remedial Rights, Tracy A. Thomas

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The New Marital Property of Employee Stock Options, Tracy A. Thomas

Publications from 2000

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Financial Exploitation Statutes’ Impact on Domestic Relations Practice, Carolyn L. Dessin

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Is Hedge Fund Regulation Necessary?, Willa E. Gibson

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Towards Equalization of the Personal Retirement Savings Prerogatives of Small Business Owners and Their Employees, Richard Kovach

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Incorporating the Partnership Theory of Marriage into Elective-Share Law: The Approximation System of the Uniform Probate Code and the Deferred-Community-Property Alternative, Alan Newman

Publications from 1999

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Are Swap Agreements Securities or Futures: The inadequacies of applying the traditional regulatory approach to otc derivatives transactions, Willa E. Gibson

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Framers' Intent and Military Power: Has Supreme Court Deference to the Military Gone Too Far?, Kalyani Robbins

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Implications of the Tax Reform Proposals for Fraud – or – How to Shift to a Consumption Tax Without Helping the Cheaters, Kalyani Robbins

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Deposed Parties: Who Has A Right To Access Depositions In Civil Cases?, Robert L. Tucker

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The Bad News About Good Faith For Excess UM Carriers, Robert L. Tucker

Publications from 1998

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Investors, Look before you Leap: The Suitability Doctrine is Not Suitable for OTC Derivatives Dealers, Willa E. Gibson

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Industrial Espionage As Unfair Competition, Robert L. Tucker

Publications from 1997

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"And The Truth Shall Make You Free": Truth As A First Amendment Defense In Tortious Interference With Contract Cases, Robert L. Tucker

Publications from 1996

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Indian Fishing Rights: a lost opportunity for ecosystem management, Martin H. Belsky

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Acting as Agent Under a Financial Durable Power of Attorney: An Unscripted Role, Carolyn L. Dessin

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The Troubled Relationship of Will Contracts and Spousal Protection: Time for an Amicable Separation, Carolyn L. Dessin

Publications from 1995

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Charles Fairman, Felix Frankfurter, and the Fourteenth Amendment, Richard L. Aynes

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The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker

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Vexatious Litigation As Unfair Competition And The Applicability of the Noerr-Pennington Doctrine, Robert L. Tucker

Publications from 1994

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Constricting the Law of Freedom: Justice Miller, the Fourteenth Amendment, and the Slaughter-House Cases, Richard L. Aynes

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Living with Miranda: a reply to Professor Grano, Martin H. Belsky

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The Public Trust Doctrine: the Public Trust Doctrine and Takings: a Post-Lucas view, Martin H. Belsky

Publications from 1993

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The Impeachment and Removal of Tennessee Judge West Humphreys: John Bingham's Prologue to the Johnson Impeachment Trial, Richard Aynes