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Passengers and Traffic Stops

0 Comments · Wednesday, July 11, 2007
Cases involving traffic stops always interest me because of the potential constitutional implications from something so simple. The Fourth Amendment to the U.S. Constitution protects us from unreas  

Ruling Too Dismissive of Right to Parent

0 Comments · Wednesday, June 13, 2007
Child custody cases are always among the most wrenching cases courts are called on to decide. A sharply divided Ohio Supreme Court just issued a troubling decision involving a child named Brayden Ja  

Searching and Seizing: Two New Rulings

0 Comments · Wednesday, May 9, 2007
Searches and seizures come in many different forms. This column looks at two recent challenges under the Fourth Amendment, which protects us from unreasonable searches and seizures by the government  

Police Chokeholds and Nonviolent Suspects

0 Comments · Wednesday, April 11, 2007
Does this fact pattern sound familiar? During an arrest, the suspect is allegedly placed in a chokehold by police. Suspect dies. A federal civil suit follows. Roger Owensby Jr.? No, this is a case   

Damaging Ruling on Punitive Damages

0 Comments · Wednesday, March 14, 2007
Damages are a key part of the law of torts, which deals with personal injuries. When a person is injured by the negligence or inattention of another, the victim can recover damages. In most cases, t  

Restoring Fault to Workers Comp Decisions

0 Comments · Wednesday, February 14, 2007
Sixteen-year-old high schooler David Gross had a job at a Dayton area KFC. Part of his job was to clean out the pressure cookers. When he was hired, Gross received an employee handbook that contain  

Keeping the 'Public' in Public Education

0 Comments · Wednesday, December 13, 2006
We all know the money we have for public education is limited. So what are we doing with these limited dollars? Giving them away to alternative educational programs -- first to finance school vouche  

Do You Know if You Give Up Your Rights?

0 Comments · Wednesday, November 8, 2006
You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney,   

Domestic Violence: Defining the Evidence

0 Comments · Wednesday, October 11, 2006
Testimonial or non-testimonial? That is the question. The U.S. Supreme Court starts its new term in October. Before we get into this year's term, there are two companion cases from the end of last   

A Supremely Scary Story

0 Comments · Wednesday, September 13, 2006
One of the scariest trends I'm seeing from the high court is the gradual erosion of the Fourth Amendment protections against unreasonable searches and seizures. In automobile stops and searches, th  

Executive Privilege and Public Records

0 Comments · Wednesday, August 9, 2006
I am of an age that, when I see U.S. v. Nixon cited as precedent, I think, "Uh oh, things are going to end badly." That is exactly the authority by which the Ohio Supreme Court handed Gov. Bob Taft   

In Abuse Lawsuit, Timing Is Everything

0 Comments · Wednesday, July 12, 2006
I'll sue you! Undoubtedly, we've all heard or uttered those words. How long is this threat good? In other words, can you sue someone forever, long after the perceived harm, or is there some cut off?  

Before You Take My House, Send Me a Postcard

0 Comments · Wednesday, June 14, 2006
In Andre Dubus III's chilling book, House of Sand and Fog, Col. Massoud Behrani buys a house at a San Mateo County tax foreclosure sale. When the deputy sheriffs come to tell owner Kathy Nicolo the   

Whose Castle Is This Anyway?

0 Comments · Wednesday, May 10, 2006
Knock knock. "Come in," says the mama bear. "Don't come in," says the papa bear. Who wins? Five justices of the U.S. Supreme Court say the papa bear wins. Three say the mama bear wins. Justice Samue  

A Majority of Sorts Decides Ohio's 'Wrongful Life' Case

0 Comments · Wednesday, April 12, 2006
The Ohio Supreme Court, more conservative than it used to be, really must have struggled over its March 3 decision sharply limiting damages that parents can recover for bad prenatal genetic test adv