Articles

A Bug s Life: Perspectives on Biocriteria, its Validity Under the Clean Water Act, and the Implementation of a Uniform N

I. Introduction . II. Background . A. Early Water Pollution Control. B. The Clean Water Act of 1972. C. The Development of Water Quality Criteria under § 303 of the Clean Water Act. D. The CWA and the Continuing Problem of NPS Pollution. E. Plans for the Future and the Introduction to Biocriteria. F. Biocriteria Defined. III. Legal Analysis . A. The Legal Basis of Biocriteria. B. State Adoption of Biocriteria. C. Implementation of Biocriteria. IV. Conclusion .

Bartnicki v. Vopper: It's a Matter of Public Concern! Exposing the Myth of Electronic Privacy and Protecting the Press.

I. Introduction . A. Rationale for Protecting Freedom of the Press . B. Protecting False Speech. C. Protecting Disclosure of Lawfully Acquired Truthful Information. D. The Federal Wiretapping Act: Lower Court Interpretations. III. Bartnicki v. Vopper . IV. Discussion . A. The Majority Decision. B. Justice Breyer's Concurring Opinion . C. Chief Justice Rehnquist's Dissent . V. Analysis . A. The Standard of Review: The Majority Properly Applies Strict Scrutiny. B. The Rule of Precedent: The Ma...

Ohio's Death Penalty: History and Current Developments

I. Introduction . A. Death Penalty in Ohio. B. The Death Penalty Process in Ohio. 1. Guilt and Sentencing Phases. 2. The Appeals Process. III. Recent Developments in Ohio's Death Penalty . A. Wilford Berry - The "Volunteer". B. J.D. Scott - The Mental Illness Issue. C. Legislation to Prohibit the Execution of the Mentally Retarded. D. John Byrd - Elimination of the Electric Chair. IV. Future Implications for the Death Penalty in Ohio . A. Eliminating the chair or eliminating the fear? . B. Le...

Stimulation by Simulation: Is there Really any Difference Between Actual and Virtual Child Pornography? The Supreme Cour

I. The "New" Child Pornography Market . II. Legislation and Child Pornography . A. New Forms of Technology Have Enabled Our Worst Nightmare. B. The CPPA Protects Children From the Effects of Child Pornography. C.Where There is a Will There is a Way - Child Pornographers Circumvent the Existing Law. 1. Children should be protected from sexual exploitation. 2. Distribution of child pornography is related to sexual abuse of children. 3. The marketing and selling of child pornography provides a f...

The Brave New World of Arbitration

I. Supreme Court Landmarks . II. Current Issues . A. Arbitration Agreements. 1. Scope of the arbitration agreement. 2. Fee arrangements. 3. Type of parties. 4. Governing law. B. Arbitral Process. 1. Who are the arbitrators? . 2. Development of the facts . 3. Confidentiality . 4. Written explanations of results . 5. Costs (again). C. Recognition and Enforcement of Awards. 1. FAA standard of review. 2. Review for mistakes of fact. 3. Review for mistakes of law: "manifest disregard". 4. Public p...

The Challenge of Post-Modern Polygamy: Considering Polyamory

I. What is Polyamory? . A. Winnowing The Field. B. Polyfidelity and Closed Group Marriages. II. Evaluating Different Forms of Marriage . A. Hegel's Functional Analysis of Marriage. 1. Monogamy and the liberal state. 2. Polygamy and the despotic state. B.The Hegelian Analysis as A General Evaluative Framework. III. A Functional Analysis of Polyamory . A. Polyamory and Individuality. 1. Are polyamorous relationships an expression of individuality?. 2. >Do polyamorous relationships nurture adult...