Akron Law Café http://akronlawcafe.com Current Topics in Law Fri, 19 Apr 2013 09:00:24 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 STUDENT POST – Finals and Puppies http://akronlawcafe.com/2013/04/19/student-post-finals-and-puppies/ http://akronlawcafe.com/2013/04/19/student-post-finals-and-puppies/#comments Fri, 19 Apr 2013 09:00:24 +0000 Adam Messner https://akronlawcafe.com/?p=12642 By Amber Groghan

The weather is warming up, the snow scraper in my car has been replaced with an umbrella, and I look outside at birds instead of snowfall while I’m reading for class.  It’s definitely spring, and for a law student, that means one thing: finals!

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First year students are done with LARW, and using that extra time to study for our final exams.  Our briefs have been submitted, and our oral arguments are over.  Everyone prepared well for their arguments, and everyone did a really great job.  Personally, I was relieved to receive positive feedback from a writing instructor and two practicing attorneys.  It was also comforting to realize that public speaking is not as intimidating as I thought!!  Puppy Day is next week, practice exams are coming up, and summer break is only a few weeks away.  It is all very exciting, and very busy, but I love it!

]]> http://akronlawcafe.com/2013/04/19/student-post-finals-and-puppies/feed/ 0 Marriage Equality and Women’s Suffrage http://akronlawcafe.com/2013/03/27/marriage-equality-and-womens-suffrage/ http://akronlawcafe.com/2013/03/27/marriage-equality-and-womens-suffrage/#comments Wed, 27 Mar 2013 15:02:13 +0000 Akron Law Marketing & Communications https://akronlawcafe.com/?p=12626 In yesterday’s Supreme Court argument on gay marriage, two of the justices suggested that the marriage equality issue should be deferred to the states to facilitate continued debate.  Some have analogized this to women’s suffrage.  But the state experiment was a failure for women’s suffrage. Little was accomplished at the state level after 72 years.  Instead it took federal action, namely the Nineteenth Amendment, to guarantee that right.  Moreover, women’s rights advocates begged the Supreme Court to decide the issue.  Believing the privileges and immunities clause of the newly-enacted 14th Amendment provided a textual basis for granting women the constitutional right to vote, women began to vote in acts of civil disobedience.   They hoped to create test cases for the court in which they could raise their legal arguments.  Susan B. Anthony‘s appeal was circumvented by the judge’s refusal to sentence her.  And in 1875, the Court soundly rejected Virginia Minor’s legal  argument that the privileges and immunities clause provided women the national citizenship right of voting.  The Court relied on originalist constitutional interpretation– just as Justice Scalia is now. Elizabeth Cady Stanton, the leader of the nineteenth century women’s movement, argued for a evolutionary understanding of the Constitution that would incorporate changing societal needs.  Like women.  Like gay marriage.  The Court refused, leading Stanton to challenge the result that “the world will be always governed by dead men,” despite the fact that “the world has been steadily advancing in . . . recognizing  the rights of new classes.”  Punting the same-sex marriage issue back to the states does not preserve the issue.  It denies it.

Post Written By Tracy A. Thomas, Aileen McMurray Trusler Professor of Law

]]> http://akronlawcafe.com/2013/03/27/marriage-equality-and-womens-suffrage/feed/ 0 Dari-Mattiacci, et al., on the Corporate Form http://akronlawcafe.com/2013/03/16/dari-mattiacci-et-al-on-the-corporate-form/ http://akronlawcafe.com/2013/03/16/dari-mattiacci-et-al-on-the-corporate-form/#comments Sat, 16 Mar 2013 23:49:56 +0000 Professor Stefan Padfield https://akronlawcafe.com/?p=12613 “The Dutch East India Company (VOC) is generally viewed as the first modern corporation, yet its 1602 charter did not introduce all features of legal personality…. Once capital became permanent, VOC directors needed and gained the final corporate feature of general limited liability in 1623.”  More here.

]]> http://akronlawcafe.com/2013/03/16/dari-mattiacci-et-al-on-the-corporate-form/feed/ 0 I think Charles A. Murray would like my idea for a “Poker for Law & Business” course. http://akronlawcafe.com/2013/03/09/i-think-charles-a-murray-would-like-my-idea-for-a-poker-for-law-business-course/ http://akronlawcafe.com/2013/03/09/i-think-charles-a-murray-would-like-my-idea-for-a-poker-for-law-business-course/#comments Sat, 09 Mar 2013 16:46:35 +0000 Professor Stefan Padfield https://akronlawcafe.com/?p=12606 Go here to find out why.

]]> http://akronlawcafe.com/2013/03/09/i-think-charles-a-murray-would-like-my-idea-for-a-poker-for-law-business-course/feed/ 0 STUDENT POST – Spring Midterms Are Coming http://akronlawcafe.com/2013/03/08/student-post-spring-midterms-are-coming/ http://akronlawcafe.com/2013/03/08/student-post-spring-midterms-are-coming/#comments Fri, 08 Mar 2013 09:00:27 +0000 Adam Messner https://akronlawcafe.com/?p=12598 By Amber Groghan

Next week is our Criminal mid-term.  It’s hard to believe that the semester is already half over! Our professor gave us a practice mid-term with a few questions so we will know what to expect on the test, which is very helpful.  Criminal is much more involved than I had expected.

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For example, many people are aware of the varying degrees of homicide, but learning about the nuances and elements of each reminds me that I know very little about criminal law (especially when I consider that there’s much more to it than what we are learning).  It’s great to recognize that there are so many different types of law, and to discover the great things about all of them.  Our professor has spent years practicing Criminal law, and it’s great to hear about his practical experience along with learning the law and reading cases.  So this week, I have spent extra time studying my Criminal notes and my outline, in preparation for the test.  Once the midterm is over, my focus will shift back to my LARW brief.  There is always something to keep us busy, which is great because it’s awesome when we answer a question in class or in study group and realize how much we’ve learned.

]]> http://akronlawcafe.com/2013/03/08/student-post-spring-midterms-are-coming/feed/ 0 The Embodiment Theory of the Corporation http://akronlawcafe.com/2013/03/03/the-embodiment-theory-of-the-corporation/ http://akronlawcafe.com/2013/03/03/the-embodiment-theory-of-the-corporation/#comments Sun, 03 Mar 2013 17:08:39 +0000 Professor Stefan Padfield https://akronlawcafe.com/?p=12586 Sarudzayi M. Matambanadzo writes: “The embodiment theory of the corporation — deployed by courts, scholars, and lawyers — reveals how the embodied human being serves as the paradigmatic person of law. In the embodiment theory, human beings provide a model for determining how legal recognition functions for entities, collectives, and individuals — even those that are disembodied and legally constructed.”  More here.

]]> http://akronlawcafe.com/2013/03/03/the-embodiment-theory-of-the-corporation/feed/ 0 STUDENT POST – Who Dun It? http://akronlawcafe.com/2013/03/01/student-post-who-dun-it/ http://akronlawcafe.com/2013/03/01/student-post-who-dun-it/#comments Fri, 01 Mar 2013 09:00:30 +0000 Adam Messner https://akronlawcafe.com/?p=12565 By Justin Burns

While discussing the causation element of a criminal offense, the class debated a controversial hypothetical. The scenario goes something like this:

A stabs B, which an expert determines would cause B to die within 15 minutes. C then shoots B, which causes death instantaneously. Who should be charged with murder?

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At first glance, both A and C did something terrible. In fact, they both did something that would ultimately result in B’s death. But, A’s actions were not the cause of his death – C actually killed B. But, if C hadn’t killed B, A’s actions certainly would have killed B.

Some in the class took a retributivist’s standpoint: Both A and C did something terrible and they should be punished accordingly. “Who cares which action ultimately killed B – they both are bad people,” they argued.

I can definitely see their point, but I respectfully disagreed.

Both individuals did something wrong, and their actions should not go unaddressed. But, if we just went around punishing people for bad things, we remove the very element we discussed in class – causation.

Who caused B’s death? In my mind, C caused B’s death (“C then shoots B, which causes death instantaneously.”). I feel as if C should be charged with B’s killing.

So, what do we do with A? Perhaps A “attempted” murder? Perhaps A merely assaulted B (we haven’t learned assault yet… so, perhaps he didn’t).

The joy of law school: we live in a would of “maybe” and “perhaps,” and feel comfortable walking out of class without knowing the “right answer.”

 

]]> http://akronlawcafe.com/2013/03/01/student-post-who-dun-it/feed/ 0 If learning the law was easy, there wouldn’t be a legal profession. http://akronlawcafe.com/2013/02/26/if-learning-the-law-was-easy-there-wouldnt-be-a-legal-profession/ http://akronlawcafe.com/2013/02/26/if-learning-the-law-was-easy-there-wouldnt-be-a-legal-profession/#comments Tue, 26 Feb 2013 15:31:00 +0000 Professor Stefan Padfield https://akronlawcafe.com/?p=12581 We cover a lot of issues in my Corporations class.  One of them deals with the requirement that a shareholder bringing a derivative suit must first make demand on the board to bring the suit directly.  Determining whether the shareholder may be excused from making demand can be a complicated process. To see why, go here.

]]> http://akronlawcafe.com/2013/02/26/if-learning-the-law-was-easy-there-wouldnt-be-a-legal-profession/feed/ 0 STUDENT POST – Manage Your Time Wisely http://akronlawcafe.com/2013/02/22/student-post-manage-your-time-wisely/ http://akronlawcafe.com/2013/02/22/student-post-manage-your-time-wisely/#comments Fri, 22 Feb 2013 09:00:20 +0000 Adam Messner https://akronlawcafe.com/?p=12553 By Amber Groghan

This has been another great week!  I’m a member of SALDF (Student Animal Legal Defense Fund), and we had a meeting this week to discuss upcoming events for the semester.  Shortly before finals, SALDF has Puppy Day, which is a day when Paws & Prayers, a local animal rescue group, brings puppies and adult dogs for students to play with in the lawn outside the law school.  Donations generated by the event are donated to Paws & Prayers in efforts to help other animals.  I’m working with a third year law student who has been responsible for Puppy Day in the past, so that I can help with the event in the future.  It’s exciting to be part of something, and I’m considering running for an office in SALDF next month when we elect new officers.  I love being part of different groups, but I’ve learned with law school that it’s really important to limit the responsibilities you take on so that you can devote a good amount of time and energy to every group you’re part of.  So we will see how things turn out!

]]> http://akronlawcafe.com/2013/02/22/student-post-manage-your-time-wisely/feed/ 0 Should we presume corporate directors act in good faith when they grant themselves stock options? http://akronlawcafe.com/2013/02/16/should-we-presume-corporate-directors-act-in-good-faith-when-they-grant-themselves-stock-options/ http://akronlawcafe.com/2013/02/16/should-we-presume-corporate-directors-act-in-good-faith-when-they-grant-themselves-stock-options/#comments Sat, 16 Feb 2013 20:20:42 +0000 Professor Stefan Padfield https://akronlawcafe.com/?p=12541 Some thoughts on that here.

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