Book Review

Reviewing Louis B. Heller, Do You Solemnly Swear? Doubleday & Co., Inc., 196

Battle for the Bulge: The Reclaiming Seller vs. the Floating Lien Creditor

Part I of this article will discuss title holders under the Uniform Commercial Code and the powers and rights that they have to defeat reclaiming sellers. Part II will describe the Code lessees and secured creditors as well as the powers and rights that they have to defeat reclaiming sellers. Part III will explain how a misreading of the Code has subordinated the reclaiming seller of goods to the Article 9 floating lien creditor. Finally, Part IV will argue that, as the Code drafters intended, the reclaiming seller of goods should prevail over the floating lien creditor

Alimony and Child Support in Ohio: New Directions After Dissolution

Recent decisions by the Ohio Supreme Court will undoubtedly have significant impact upon post-dissolution alimony and child support. In rejecting basic premises upon which domestic relations courts have historically ordered such payments, the court has set new directions. Traditional notions of sex-based roles in the support of the family have been set aside and new standards, based upon the needs of the parties and the factual circumstances in particular cases, have been established. As a result, the husband\u27s statutory duty to support his wife and children during marriage will no longer govern his responsibilities toward the family following dissolution, and neither parent will be required to support the children beyond the age of majority. These trends represent significant advances in the development of Ohio matrimonial law. To acquaint the practitioner with these advances, and to suggest some of the implications of current judicial thinking, this Article will review several problem areas in the determination of post-dissolution alimony and child support

Give Them a Sword: Representing Parents in Child Custody Cases

First, this Essay demonstrates that, because the best interests standard that states use in awarding custody between parents is so arbitrary, lawyers cannot effectively protect the parental rights of their clients. Next, this Essay contends that, because fit parents will do anything to preserve their bond with their children, the state not only expects them to commit perjury to protect their parental rights, but encourages them to do so. Finally, this Essay argues that lawyers should lay out all possible strategies to their clients even if doing so invites parents to perjure themselves

Battle for the Bulge: The Reclaiming Seller vs. the Floating Lien Creditor

Part I of this article will discuss title holders under the Uniform Commercial Code and the powers and rights that they have to defeat reclaiming sellers. Part II will describe the Code lessees and secured creditors as well as the powers and rights that they have to defeat reclaiming sellers. Part III will explain how a misreading of the Code has subordinated the reclaiming seller of goods to the Article 9 floating lien creditor. Finally, Part IV will argue that, as the Code drafters intended, the reclaiming seller of goods should prevail over the floating lien creditor

War Tax Refusal: Some Code Problems

Throughout our history, many individuals and groups have employed tax refusal to make their points. ...a protest based on tax refusal has never won a significant number of adherents in this country. There are several reasons for this, but the most pervasive seem to be the fear most people have of going to jail and the confusion that exists in their minds about the limits of the power of the Internal Revenue Service (I.R.S.), that is, what this agency can and cannot do to people who do not pay their taxes. Until some of their doubts are answered, the antiwar masses will continue to cling to their placards and keep close step in the peace marches, while the IndoChina war rages around them

Alimony and Child Support in Ohio: New Directions after Dissolution

Recent decisions by the Ohio Supreme Court will undoubtedly have significant impact upon post-dissolution alimony and child support. In rejecting basic premises upon which domestic relations courts have historically ordered such payments, the court has set new directions. Traditional notions of sex-based roles in the support of the family have been set aside and new standards, based upon the needs of the parties and the factual circumstances in particular cases, have been established. As a result, the husband\u27s statutory duty to support his wife and children during marriage will no longer govern his responsibilities toward the family following dissolution, and neither parent will be required to support the children beyond the age of majority. These trends represent significant advances in the development of Ohio matrimonial law. To acquaint the practitioner with these advances, and to suggest some of the implications of current judicial thinking, this Article will review several problem areas in the determination of post-dissolution alimony and child support

Countermanded Checks and Fair Dealing Under the Uniform Commercial Code

This article evaluates the potential effect of this tort on the bank andits customer where the improper payment is an indisputable binding stop payment order. Part I examines a bank\u27s duty to properly pay checks.Part II describes the bank\u27s reimbursement rights. Part III examines the breach of covenant of good faith tort. Part IV analyzes liability under the Code. Part V argues that banks must promptly recredit customers\u27 accounts when banks improperly pay over binding stop payment orders. The article concludes that upon being notified that it has overlooked a binding stop payment order, a bank must promptly recredit the customer\u27s account, pay interest on the withheld funds, and make good on any NSF checks. A refusal to do so exposes it to tort damages for breach of the convenant of fair dealing

Give Them a Sword: Representing Parents in Child Custody Cases

First, this Essay demonstrates that, because the best interests standard that states use in awarding custody between parents is so arbitrary, lawyers cannot effectively protect the parental rights of their clients. Next, this Essay contends that, because fit parents will do anything to preserve their bond with their children, the state not only expects them to commit perjury to protect their parental rights, but encourages them to do so. Finally, this Essay argues that lawyers should lay out all possible strategies to their clients even if doing so invites parents to perjure themselves

War Tax Refusal: Some Code Problems

Throughout our history, many individuals and groups have employed tax refusal to make their points. Frustration with government policies and cynicism about the leaders who create them are driving more and more Americans toward radical forms of dissent. Civil disobedience is on the increase and struggling for status among protestors. So far attacks against the establishment, its mores and property, have alternated between passive law breaking, such as tax and draft refusal, to the increasingly commonplace destruction of that which the protestors detests. But the mix is not equal, and this is demonstrated dramatically in the case of tax refusal. Although the number of bomb threats and actual bombings is up significantly over figures for previous years, the number of tax refusers--those people who are not paying some portion of their excise and income taxes as their protest against IndoChina policy--heralds a movement that one observer claims is becoming a fasionable one, a status that terrorism could never hope to achieve