Articles

A Requiem for Morality: A Response to Peter M. Cicchino

I. Introduction. II. Professor Peter M. Cicchino's Argument. A. Moral Interests Unrelated to Any Secondary Effects Are Indistinguishable from Irrational Prejudices and Private Bias. B. Bare Public Morality Arguments Are Indistinguishable from Sectarian or Theological Arguments. C. Public Moral Interests Are Irremediably Unsuited for Those Who Make and Interpret the Law. III. Constitutional Criticisms. A. Why Cicchino's Argument Fails Equal Protection Clause Analysis. 1. The Equal Protection J...

Afterword: The Un Convention On The Rights Of The Child And U.S. Law

Changing the Animal Legal Paradigm using the United States Tax Code

I. Introduction. II. The Power of the Tax Code in the United States to Advance Social Objectives. A. History of the U.S. Tax Code. B. The Use of Tax Incentives and Disincentives Today. C. Attaining Social Objectives Using the Tax Code and Other Fiscal Measures. III. Animal Law. A. History of the Law Relative to Non-Human Animals. B. Recent Activity in Laws Relative to Non-Human Animals. 1. Generally. 2. Common law. 3. State law. 4. Federal law. IV. How the IRC can Assist in Changing the Legal...

Childrens Rights To Health Care And Participation: United States Implementation Of The Un Convention On The Rights Of The Child

A. Introduction. B. Background. 1. Elements Of The CRC. 2. U.S. Policy On Children's Rights. 3. Why The U.S. Has Failed To Ratify The CRC. C. The Right To Health Care And U.S. Policy. 1. The Structure Of Health Services In The U.S. a. Private Providers. D. U.S. Government Commitment To Public Health Care. E. The Rights Of Children In The U.S. Health Care System. 1. Why Children Are Not Heard. 2. Competing Rights Of Parents, Children, And The State. F. Conclusion.

City Of Erie v. Paps A.M.: Contorting Secondary Effects And Diluting Intermediate Scrutiny To Ban Nude Dancing

I. Introduction. II. Background. A. First Amendment Protection of Expression. B. The First Amendment Analytical Framework-Expressive Conduct. 1. Symbolic Speech-conduct warranting First Amendment protection. 2. Content-Based or Content-Neutral Analysis-Determining the Level of Protection. 3. The Secondary Effects Doctrine-Treating Content-Based Regulations as Content-Neutral. III. Discussion & Analysis of City of Erie v. Pap's A.M. A. Factual Background & Procedural Posture. 1. The Moral Cl...

Errata

Foreword: Crossing Borders

Hampel v. Food Ingredients Specialties, Inc.; To Prove That Your Same-Sex Co-Worker Sexually Harassed You, First Prove That He Was Sexually Attracted To You

Introduction. I. Statement Of The Case. II. Legal Framework Of Sexual Harassment. A. Hostile Work Environment Sexual Harassment. B. Quid Pro Quo Sexual Harassment. C. Vicarious Liability. III. Evolution Of Same-Gender Sexual Harassment. A. State Courts' Varied Interpretations of Oncale. IV. The Decision In Hampel. A. Sexual Harassment Must be Motivated by Gender. i. Harassing Conduct Motivated by Sexual Desire Supports an Inference of Discrimination Based on Gender. ii. Harassing Conduct Moti...

Rites of Passage: The Evolution of the Legislative Process in Ohio, 1799-1937

I. Introduction. II. The Territorial Background. III. The Nineteenth-Century Legislative Process as seen in the Enactment of Usury Laws. A. Enactment of the Usury Law of 1804. B. The Development of Legislative Procedure Before the Civil War. C. Constitutional Change: The Three-Readings Rule. D. Legislative Procedure in the Late Nineteenth Century. IV. Twentieth-Century Efficiency.

Sex And Aids Education In The United States: Implications Of The Un Convention On The Rights Of The Child

A. Introduction. 1. The Convention On The Rights Of The Child. a. Article 3. b. Article 6. c. Article 12. d. Article 24. e. Article 28. f. Article 29. 2. The Implicit Idea Of Sex And AIDS Education According To The CRC. 3. Why The U.S. Has Not Met The Standards Of The CRC. 4. How The U.S. Can Meet The Standards Of The CRC. B. Conclusion.

The Capitve Audience Doctrine and Floating Buffer Zones: An Analysis of Hill v. Colorado

I. Introduction. II. Background. A. The First Amendment. B. Time, Place, and Manner Restrictions. C. Forum Analysis. D. The "Captive Audience" Doctrine. E. Prior Decisions: Madsen and Schenck. 1. June 1994: Madsen v. Women's Health Center. 2. February 1997: Schenck v. Pro-Choice Network of Western New York. III. Discussion. A. The Statute. B. Prior History. 1. Hill I. 2. Hill II. C. Hill v. Colorado. 1. The Majority Opinion. a. Balancing the Interests. b. Content Neutrality. c. Narrow Tailori...

The Hague Convention on International Child Abduction. By Paul R. Beaumont and Peter E. Mceleavy. Oxford, New York: Oxford University Press, 1999. PP. XXX, 332. ISBN 0-19-826064-4

The Non-Discrimination Principle And Its Effect On The Education Of Roma Children In The Czech Republic

A. Summary. B. Introduction. C. Background. D. Analysis. 1. The non-discrimination policy of Article 2. 2. Right to education under Article 28. a. Guarantee of education for all children. 3. Barriers to education of Roma Children. 4. Attempted solutions. 5. Involving children in future solutions. E. Conclusion.

United States v. Playboy Entertainment Group, Inc.-Sexually Explicit Signal Bleed and § 505 of the CDA: Unable to Overcome Strict Scrutiny...But Will Strict Scrutiny be Able to Overcome the Future?

I. Introduction. II. Relevant Precedent. A. Miller v. California. B. Federal Communications Commission v. Pacifica Foundation. C. Renton v. Playtime Theatres, Inc. D. Sable Communications of California, Inc. v. FCC. E. Denver Area Educational Telecommunications Consortium, Inc. v. FCC. III. United States v. Playboy Entertainment Group, INC. A. Procedural Background. B. Factual Background. 1. Sexually Oriented Cable Programming and the Phenomenon of Signal Bleed. 2. Section 505 of the Commun...