April 2006
Monthly Archive
News and Views #15: Hiatus for Finals Monday, Apr 17 2006
Neil Wehneman and News and Views 12:15 pm
This is a quick episode to give everyone a heads-up that I have shifted into finals-mode. I will complete the semester’s recordings in late spring / early summer.
Criminal Law #14: The Felony Murder Rule Saturday, Apr 8 2006
1L and Criminal Law and Neil Wehneman and University of Cincinnati College of Law 7:37 pm
In many jurisdictions, any homicide that occurs during the commission of a felony is chargeable as murder. This doctrine, the felony murder rule, has been significantly criticized by commentators and limited by the judiciary.
Regina v. Serne
People v. Stamp
Criminal Law #13: Negligent Homicides Saturday, Apr 8 2006
1L and Criminal Law and Neil Wehneman and University of Cincinnati College of Law 7:32 pm
Homicide often comes about through inadvertance and acceptance of risk, rather than an intentional act. Such homicides include negligent homicide (criminal negligence) and involuntary manslaughter (criminal recklessness).
Commonwealth v. Welansky
Parrish v. State
State v. Williams
Criminal Law #12: Voluntary Manslaughter Saturday, Apr 8 2006
1L and Criminal Law and Neil Wehneman and University of Cincinnati College of Law 7:28 pm
Intentional killings often occur based upon provocation and / or extreme emotional distress (EED). Such killings are classified as voluntary manslaughter, which includes a reduction in punishment.
Maher v. People
Girouard v. State
Civil Procedure II #12: Seventh Amendment II Saturday, Apr 8 2006
1L and Civil Procedure and Civil Procedure II and Neil Wehneman and University of Cincinnati College of Law 7:16 pm
We continue examining the Seventh Amendment by applying it to three cases. These cases will hopefully give us an outline of when the right to jury trial is present and when it is not.
Dairy Queen, Inc. v. Wood
Curtis v. Loether
Tull v. United States
Civil Procedure II #11: Seventh Amendment I Saturday, Apr 8 2006
1L and Civil Procedure and Civil Procedure II and Neil Wehneman and University of Cincinnati College of Law 7:12 pm
We now turn to the Seventh Amendment, and with it the right to trial by jury. We will discuss the role of juries, jury nullification, the distinction between law and equity, and other topics.
The Seventh Amendment
Beacon Theatres, Inc. v. Westover
Comments Off
Civil Procedure II #10: Summary Judgment II Saturday, Apr 8 2006
1L and Civil Procedure and Civil Procedure II and Neil Wehneman and University of Cincinnati College of Law 7:07 pm
We conclude our discussion of summary judgment by seeing it applied in two decisions.
Arnstein v. Porter
Dyer v. MacDougall
Civil Procedure II #9: Summary Judgment I Wednesday, Apr 5 2006
1L and Civil Procedure and Civil Procedure II and Neil Wehneman and University of Cincinnati College of Law 4:52 pm
What is summary judgment, and what are the requirements on a party in order to move for it? Is it a tool of right, or is there a burden on the moving party? If the latter, what burden is there?
Adickes v. S.H. Kress & Co.
Celotex Corp v. Catrett
Rule 56
Civil Procedure II #8: Discovery IV Wednesday, Apr 5 2006
1L and Civil Procedure and Civil Procedure II and Neil Wehneman and University of Cincinnati College of Law 4:48 pm
We conclude our discussion of discovery by looking at the penalties for failing to comply with discovery: sanctions. Outright dismissal is at the severest end of such penalties.
Cine 42nd Street Theatre Corp v. Allied Artists Pictures Corp.
Rule 37