September 2005
Monthly Archive
News and Views #5: iTunes Issue Fixed Tuesday, Sep 27 2005
Neil Wehneman and News and Views 5:32 am
In this episode I explain in significant detail what caused the iTunes problem of last week.
Torts #16: Res Ipsa Loquitur Tuesday, Sep 27 2005
1L and Neil Wehneman and Torts and University of Cincinnati College of Law 2:37 am
A barrel falls out of the sky and hits you in the head. Can you recover with no additional evidence whatsoever? The doctrine of res ipsa loquitor says that you can. We’ll begin looking at this very narrow doctrine that serves as the ultimate plaintiff’s shortcut.
Byrne v. Boadle (no link available)
Torts #15: Slip and Fall Wrap-up Tuesday, Sep 27 2005
1L and Neil Wehneman and Torts and University of Cincinnati College of Law 2:12 am
In this episode we wrap-up our collection of slip and fall cases.
Joye v. Great Atlantic and Pacific Tea Co. (no link available)
Ortega v. Kmart Corp. (no link available)
Jasko v. F.S. Woolworth Co. (no link available)
H.E. Butt Grocery Co. v. Resendez (no link available)
Torts #14: Customary Duties, Slip and Fall Tuesday, Sep 27 2005
1L and Neil Wehneman and Torts and University of Cincinnati College of Law 1:54 am
What can we infer from the customary actions of certain professionals? What would our ordinary person of reasonable prudence do in the light of these? We also begin looking at slip and fall cases, including more than one banana.
Trimarco v. Klein (no link available)
Lipman v. Super-X Drug Corp. (no link available)
Goddard v. Boston and Maine RR Co. (no link available)
Anjou v. Boston Elevated Railway Co. (no link available)
Contracts #13: General and Sub Contractors Tuesday, Sep 27 2005
1L and Contracts and Neil Wehneman and University of Cincinnati College of Law 1:45 am
A sub contractor submits a bid, which the general contractor relies on in making his bid. The general contractor wins the project, but the sub revokes before the general can formally accept the sub’s bid. What happens next?
James Baird Co. v. Gimbel Bros, Inc. (no link available)
Drennan v. Star Paving, Inc.
Contracts #12: Option Contracts Monday, Sep 26 2005
1L and Contracts and Neil Wehneman and University of Cincinnati College of Law 8:10 pm
An offer to contract is generally revokable at will, unless you have an option contract. In this episode we examine option contracts.
Berryman v. Kmoch (no link available)
Contracts #11: Unilateral Contracts Monday, Sep 26 2005
1L and Contracts and Neil Wehneman and University of Cincinnati College of Law 7:57 pm
In this episode we discuss unilateral contracts and recent developments in the doctrines that apply to them.
Petterson v. Pattberg (no link available)
Cook v. Coldwell Banker/Frank Laiben Realty Co. (no link available)
Contracts #10: Offers Monday, Sep 26 2005
1L and Contracts and Neil Wehneman and University of Cincinnati College of Law 7:49 pm
We will start looking now at the formation of contracts, and one of those essential aspects of formation is that of an offer. To that end we will investigate the sale of a house, a car, and a harrier jet. We will also discuss briefly the mailbox rule.
Lonergan v. Scolnick
Izadi v. Machado (Gus) Ford, Inc. (the bait and switch ad case) (no link available)
Leonard v. Pepsico
Constitutional Law I #14: The Taxing Power Monday, Sep 26 2005
1L and Constitutional Law and Constitutional Law I and Neil Wehneman and University of Cincinnati College of Law 7:36 pm
If Commerce Clause power fails to allow Congress to regulate an activity, what can Congress fall back on? Why the taxing power, of course! We will briefly examine how the Taxing Power clause has been interpreted over the years.
United States v. Doremus (no link available)
Bailey v. Drexel Furniture
U.S. v. Butler
Wickard v. Filburn
Constitutional Law I #13: Commerce Clause Wrap-Up Monday, Sep 26 2005
1L and Constitutional Law and Constitutional Law I and Neil Wehneman 7:29 pm
In this episode we will finish substantively discussing Commerce Clause questions. We will take and apply the framework from Lopez to Morrison and Raich. I will conclude by giving my personal belief in how we should interpret the Commerce Clause so as to not allow one clause to overshadow Constitutional structures.
United States v. Lopez
United States v. Morrison
Gonzales v. Raich
Partial Birth Abortion Ban Act of 2003 (search for “interstate commerce”)