February 2006
Monthly Archive
Constitutional Law II #9: Lawrence v. Texas Tuesday, Feb 28 2006
1L and Constitutional Law and Constitutional Law II and Neil Wehneman and University of Cincinnati College of Law 4:54 am
Can a state outlaw sodomy for the sole reason of “morality”? The Supreme Court’s answer, via Justice Kennedy, is no. Moral disapproval alone cannot suffice to restrict a liberty interest.
Bowers v. Hardwick
Lawrence v. Texas
Standard Podcast [36:30m]: Play Now | Play in Popup | Download Ira Krakow's "Is Gay Sex a Constitutional Right?" [5:48m]: Play Now | Play in Popup | DownloadCivil Procedure II #5: Discovery I Tuesday, Feb 28 2006
1L and Civil Procedure and Civil Procedure II and Neil Wehneman and University of Cincinnati College of Law 4:32 am
One of the fundamental purposes of the Federal Rules is to have suits be decided on the merits. To that end, extensive compulsory fact sharing is afforded either party under the umbrella term “discovery.” This episode will walk through the discovery mechanisms of initial disclosures, document inspections, interrogatories, depositions, physical and mental examinations, and requests for admissions.
Societe Internationale v. Rogers
Rule 26
Rule 33
Rule 34
Rule 35
Rule 36
Criminal Law #6: Strict Liability Wednesday, Feb 15 2006
1L and Criminal Law and Neil Wehneman and University of Cincinnati College of Law 5:37 am
Sometimes a material element of a crime, or perhaps even all of the material elements of a crime, will lack a mens rea requirement. This is known as strict liability. Under what circumstances is this allowable? In this episode we will also examine vicarious liability.
Morissette v. United States
Staples v. United States
Criminal Law #5: Mistake of Fact Wednesday, Feb 15 2006
1L and Criminal Law and Neil Wehneman and University of Cincinnati College of Law 5:31 am
If I joke around with a gun I honestly and reasonably believe to be unloaded, and it goes off and kills someone, am I criminally liable? These mens rea questions are often referred to as “mistake of fact.”
Regina v. Prince
People v. Olsen
Criminal Law #4: Intro to Mens Rea Wednesday, Feb 15 2006
1L and Criminal Law and Neil Wehneman and University of Cincinnati College of Law 5:30 am
We now turn to mens rea, the “criminal intent.” We will look at how the Model Penal Code created a consistent system for determining what type of culpable mind was required for which elements. Additionally, we will spend a short amount of time on motive vs. intent, specific intent vs. general intent, non-MPC states, conditional intent, and conscious avoidance.
Regina v. Cunningham
United States v. Jewell
Property Law #7: Fee Simple, Fee Tail, and Life Estates Wednesday, Feb 15 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 5:08 am
We now turn our attention to estates. We will introduce the concepts of fee simple, fee tail, and life estates.
White v. Brown
Property Law #6: Adverse Possession III Wednesday, Feb 15 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 4:54 am
We conclude our discussion of adverse possession by revisiting tacking, examining disabilities, and considering the adverse possession of personal property (such as a painting).
O’Keefe v. Snyder
Property Law #5: Adverse Possession II Wednesday, Feb 15 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 4:47 am
We continue our discussion of adverse possession. The first case we look at will consider whether minor incursions are open and notorious, and the second case will introduce us to the concept of tacking.
Mannillo v. Gorski
Howard v. Kunto
Constitutional Law II #8: Casey and Stare Decisis Wednesday, Feb 15 2006
1L and Constitutional Law and Constitutional Law II and Neil Wehneman and University of Cincinnati College of Law 4:14 am
After nearly two decades of protest and dissent, Roe is re-examined. Or is it? The meaning and scope of stare decisis is disputed between the those who would abandon Roe and start fresh, and those who would hold on to the general concept of Roe while re-formulating the law.
Because I examine both the plurality and the dissent in detail, the length of this episode is significantly greater than normal.
Planned Parenthood of Southeastern Pennsylvania v. Casey
Standard Podcast [50:23m]: Play Now | Play in Popup | Download Ira Krakow's "How to Get a Legal Abortion in Pennsylvania - Planned Parenthood v Casey, 1992" [9:51m]: Play Now | Play in Popup | DownloadConstitutional Law II #7: Roe v. Wade Wednesday, Feb 15 2006
1L and Constitutional Law and Constitutional Law II and Neil Wehneman and University of Cincinnati College of Law 4:06 am
Perhaps the most divisive issue today is abortion. Roe v. Wade enunciated this right, setting off decades of protest and struggle from those on both sides of the issue.
Roe v. Wade
Standard Podcast [32:16m]: Play Now | Play in Popup | Download Ira Krakow's "Roe v. Wade - The Inside Story" [16:13m]: Play Now | Play in Popup | Download