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Life of a Law Student: All Feeds

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Language: English
Category: Education / Education
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The Life of a Law Student podcasts chronicle the material presented to and learned by Neil Wehneman, a student at the University of Cincinnati's College of Law. Feeds are segmented by course.

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Constitutional Law I #37: Affirmative Action II

We now return to Grutter v. Bollinger, the University of Michigan Law School affirmative action case. (Please see News and Views #3 [LINK] for additional treatment of the case.) Along the way we will discuss formal vs. substantive equality, as well as group rights vs.individual rights.Download the episode (18:29)...

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[ Mon, 05 Dec 2005 02:55:01 -0600 ]

Constitutional Law I #36: Affirmative Action I

We now begin our discussion of affirmative action. We will discuss the differences between policy and law, remedial measures, and a Supreme Court case that attempts to harmonize the 5th and 14th Amendments.Download the episode (16:05)...

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[ Mon, 05 Dec 2005 02:53:44 -0600 ]

Constitutional Law I #35: Race-Based Regulation II

We continue our discussion of race-based regulation. A statute banning inter-racial marriage will be struck, a race-preferring custody law will meet a similar fate, while a facially neutral test with disproportionate effects will survive. Note that the first two cases have significant applicability to the current debates regarding homosexuality.Download the episode (17:58)...

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[ Mon, 05 Dec 2005 02:52:23 -0600 ]

Constitutional Law I #34: Race-Based Regulation I

We will begin our discussion of strict scrutiny-inducing race-based regulation by looking at cases that did not have the benefit of the contemporary formulation of the same. White-only juries will be struck, while Japanese-American detentions will be upheld.Download the episode (15:29)...

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[ Mon, 05 Dec 2005 02:51:19 -0600 ]

Constitutional Law I #33: Rational Basis Review

We now begin our in-depth examination of equal protection under the 14th Amendment. There are three standards currently employed by the Supreme Court, and rational basis review is the most lenient of these standards.Download the episode (24:08)...

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[ Mon, 05 Dec 2005 02:49:42 -0600 ]

Torts #50: Assault

Assault is distinct from battery, as the former does not require physical contact. We'll look at some cases to familiarize ourselves with the elements of a civil assault.Download the episode (14:19)...

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[ Mon, 05 Dec 2005 02:47:42 -0600 ]

Torts #49: Battery

Battery is perhaps the simplest intentional tort, but still has its share of complexity. We will discuss the elements of battery, the distinction between single intent and dual intent requirements, and how mentally ill defendants are treated in regards to battery.Download the episode (24:36)...

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[ Mon, 05 Dec 2005 02:46:09 -0600 ]

Torts #48: Introduction to Intentional Torts

We now move from negligence to the study of intentional torts. These intentional torts make up approximately 5% of tort actions today, and comprise assault, battery, false imprisonment, trespass to land, and trespass to chattels. We will also discuss the concept of transferred intent.Download the episode (11:02)...

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[ Mon, 05 Dec 2005 02:44:57 -0600 ]

Torts #47: Statute of Limitations

A statute of limitations (and its cousin the statute of repose) serve to put a time limit on when a tort action can be brought. Once the statute of limitations has passed, the merits of an individual lawsuit become irrelevant.Download the episode (15:08)...

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[ Mon, 05 Dec 2005 02:26:09 -0600 ]

Torts #46: Privileges and Immunities

Certain types of actors are granted legal immunity from torts. For example, children generally cannot sue their parents, and sovereign immunity is often used by the state. We will examine these privileges and immunities, and see how they have evolved over the years.Download the episode (12:01)...

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[ Mon, 05 Dec 2005 02:24:00 -0600 ]

Torts #45: Defenses

Just because a defendant has fulfilled the black-letter law elements of the tort doesn't mean that they will have to pay out. Assumption of the risk and the open and obvious doctrine can provide relief to such a defendant.Download the episode (23:04)...

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[ Mon, 05 Dec 2005 02:23:04 -0600 ]

Torts #44: Comparative Negligence

The historic common law rule was that any negligence on the part of the plaintiff will operate as an absolute bar to recovery. This was the doctrine of contributory negligence. That rule has given way to the more forgiving doctrine of comparative negligence.Download the episode (14:41)...

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[ Mon, 05 Dec 2005 02:22:59 -0600 ]

Torts #43: Landlords and Tenants II

We continue to see the landlord-tenant relationship evolve. A pair of Ohio cases once again show the softening of deference, and a DC case will concern itself with landlord liability for foreseeable criminal acts.Download the episode (14:45)...

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[ Mon, 05 Dec 2005 02:21:19 -0600 ]

Torts #42: Landlords and Tenants I

The common law has historically given great deference to landlords in relation to injuries sustained by their tenants. We will see that deference highlighted in the first case, and see the deference be questioned by the second case.Download the episode (11:50)...

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[ Mon, 05 Dec 2005 02:20:55 -0600 ]

Contracts #31: Breach III

We will briefly examine constructive conditions before transitioning onto repudiation. We'll determine what remedies are available to someone who reasonably believes that the other party is about to breach (ie anticipatory repudiation). This episode will conclude our discussion of breach.Download the episode (19:12)...

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[ Sun, 04 Dec 2005 21:07:32 -0600 ]

Constitutional Law I #32: Enforcing Brown

It is one thing to hand down a Supreme Court opinion. It is quite another thing to have that opinion enforced. We will look at Brown II and a string of other cases showing the multi-decade struggle that was educational integration.Download the episode (24:42)...

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[ Wed, 30 Nov 2005 01:48:01 -0600 ]

Constitutional Law I #31: Brown v. Topeka Board of Education

After six decades Plessy falls by the Supreme Court banning separate but equal education. What was the rationale and environment that created Brown, and did it actually overrule Plessy?Download the episode (18:03)...

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[ Wed, 30 Nov 2005 01:45:42 -0600 ]

Contracts #30: Breach II

What is the difference between a material breach and an immaterial breach? Once we have a material breach, what's the difference between a partial breach and a total one? We'll attempt to illuminate the subject in this episode.Download the episode (14:20)...

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[ Wed, 30 Nov 2005 01:43:12 -0600 ]

Contracts #29: Breach I

Studying contracts can get much more exciting when a party breaches their contract. We'll examine what a breach is, and see how the doctrine of substantial performance can apply to immaterial breaches.Download the episode (17:24)...

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[ Wed, 30 Nov 2005 01:42:16 -0600 ]

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