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Articles 1 - 7 of 7

Full-Text Articles in Entertainment, Arts, and Sports Law

A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


Defamation, Antidiscrimination And The Incredible Shrinking Actress, Amrita Mallik Jun 2006

Defamation, Antidiscrimination And The Incredible Shrinking Actress, Amrita Mallik

ExpressO

No abstract provided.


Just Say "No Fishing": The Lure Of Metaphor, Beth Thornburg Mar 2006

Just Say "No Fishing": The Lure Of Metaphor, Beth Thornburg

ExpressO

The phrase “fishing expedition” is widely used in popular culture and in the law. In the case of metaphorical “fishing” in the law, reliance on the metaphor can act as a substitute for rigorous analysis, disguising the factors that influence a result. When used by the court, it is uninformative. Worse, the fishing metaphor may itself shape the way the court thinks about the kind of issue or claim involved. Accusations of “fishing” also affect the language and position of the litigants. Parties arguing against pleadings or discovery use the metaphor as a rhetorical weapon, stigmatizing their opponents, instead of ...


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Lucky: The Sequel, Martha Chamallas May 2005

Lucky: The Sequel, Martha Chamallas

The Ohio State University Moritz College of Law Working Paper Series

Lucky: The Sequel is a review essay based on Alice Sebold’s 1999 memoir Lucky in which Sebold describes her own rape as a college student, her experiences as a rape victim and her navigation of the legal system. Chamallas uses Sebold’s rape narrative to explore themes of particular interest to feminist legal scholars. She discusses the intersection of race and rape, the continuing controversy surrounding the categorization of rape as a crime of violence versus a sex crime and the usefulness of considering the social and cultural dimensions of the trauma of rape.


Transcending The Debate On Legal Narrative, George H. Taylor Apr 2005

Transcending The Debate On Legal Narrative, George H. Taylor

University of Pittsburgh School of Law Working Paper Series

Use of the narrative form in law and legal analysis remains controversial. Advocates such as Derrick Bell, Richard Delgado, and Kathryn Abrams have argued that narrative in law can elicit particular perspectives and experiences that are reduced or bleached away when incorporated into the formalisms of pure doctrinal studies. By contrast, critics such as Daniel Farber and Suzanna Sherry maintain that narratives can distort if they are not sufficiently based on empirical fact or reason. Narratives, they claim, must be evaluated on the basis of objective standards.

The Article transcends this divide. In particular, it argues that the valuable functions ...