Archive by Author

Law and Disorder

A Dickens of a decision: The Supremes look at the white ghosts of the past, present and future By A.J. Wagner Cathy Shanklin, Executive Director of the Dayton Dialogue on Race Relations, lamented out loud a few weeks ago that it has become difficult to engage groups for dialogue on race because of the feeling, in […]

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Law and Disorder

A sign of the times Does the punishment fit the crime? By A.J. Wagner It was around 1986 when I was first interviewed for the evening news. I was an Acting Judge in Dayton Municipal Court and I had just sentenced a prostitute to a blood test for AIDS. AIDS was fairly new back then […]

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Law and Disorder

$6,000,000,000: What’d it get them?  By A.J. Wagner Whew! It’s over. The commercials, the mailings and the phone calls have ended. All of that freedom of speech authorized by the Supreme Court in Citizen’s United has had its run for a few years. Thank goodness. Now let’s assess the impact. For the media, Merry Christmas! Nearly […]

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Law and Disorder

The Ugly Duckling A Tale With No Moral(s) By A.J. Wagner There is an old cheerleader cry that I never heard on the football field but I often heard on a Cincinnati radio station in the eighties that went: C-U-T-E we’re as cute as we can be. We’re cute! We’re cute! U-G-L-Y you ain’t got […]

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Law and Disorder

Being Unconventional Taking Issue with Issue 1 By A.J. Wagner There’s a bit of a surprise on your voting ballot this fall. Even if you’ve paid attention to all of the election ads, and read all of the election coverage you can get your weary eyes on, you may have missed Issue 1, a vote […]

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Law and Disorder

You can pick your friends At least that’s what they do in Russia By A.J. Wagner A perennial subject at election time is the question of why we elect judges. In Ohio, judicial candidates can hardly express an opinion beyond the promise of the fair and impartial administration of justice. They cannot tell you how […]

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Law and Disorder

We can work it out Mediation, not litigation By A.J. Wagner Two events caused a collision in my mind last week. Now, you get to suffer the consequences of the thinking that transpired in their wreckage. The first event was an article in the New York Times about tort reform, a favorite topic of conservatives […]

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Law & Disorder

The Courting of the Constitution Who’s in Charge Here? By A.J. Wagner It is troubling to me, as a former judge and an attorney, when I hear politicians say they will ignore the Constitution or not abide by its terms. During the Republican primary campaign, Newt Gingrich said he would ignore the Supreme Court if […]

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It ain’t over ’til it’s over

Case dismissed? By A.J. Wagner In opera, it is said that it isn’t over until the fat lady sings. In the law, the singing begins at the filing of a final entry with prejudice. The term “with prejudice” means, literally, with harm or disadvantage. In the vernacular it means, “Move along,” “There’s nothing else to […]

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Fixing the fix

Voter redistricting issue lives on By A.J. Wagner The Supreme Court of Ohio consists of six Republican justices and one Democrat. The court has often been reliable for holding true to Republican views. Yet, in Voters First v. Ohio Ballot Board, five of the Republican Ohio Supreme Court justices essentially called Ohio’s Republican Secretary of […]

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Constitutional?

If you say so By A.J. Wagner Rep. Roscoe Bartlett (R-Md.) suggested a few weeks ago that federally-issued student loans were unconstitutional. He also said that disregarding the Constitution could lead down a “slippery slope” and cited the Holocaust as an example of what could happen when a country heads down a wrong path. At […]

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Above the law

Is Husted Trying to Fix the Election for Romney? By A.J. Wagner In Ohio, laws are being passed, repealed, challenged and ignored with a strange mix of legislation, referendum, law suits, directives and bullying in an effort to restrict early voting, especially for the last weekend prior to the election. Why is this last weekend […]

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Three branches, one government

The judicial branch offers impartiality in political landscape By A.J. Wagner It started with Aristotle over 2300 years ago when he theorized a government consisting of a king, an aristocracy and a democracy. For the following two thousand years, others looked for ways to combine the best elements of existing models of government into a […]

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Law & Disorder

Due Process is Due By saying Lieberman and Ritchie violated the law, Husted violates the law himself By A.J. Wagner It is interesting to debate the issues surrounding the Husted v. Lieberman and Ritchie affair – see this week’s forum on pages 6-7 – but just as interesting are the laws that apply to the […]

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Rex Non Potest Peccare

The King can do no wrong By A.J. Wagner David Esrati, a Dayton blogger and perennial candidate for office, can often be heard complaining that we need to update our laws from the 1785 Northwest Ordinance upon which they are based. He has a point, but some of our most archaic laws are actually based […]

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Justice for all?

Best-Lawyer

Reviewing the rules for lawyers By A.J. Wagner One of the questions I have been asked most often since starting law school is, “Why would a lawyer defend that creep?” It is a question born out of concern. A media outlet reports that a person has been caught red handed having committed a heinous crime. […]

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Law & Disorder: The Docket 9/19

L&D

Major key Last weekend a local couple was watching TV in their living room, having a relaxing evening, when suddenly […]

Law & Disorder: The Docket 9/12

L&D

Jesus take the wheel A local couple recently decided to visit their church on a particularly warm and muggy Sunday […]

Law & Disorder: The Docket 9/5

L&D

Flightless In a local park, police were dispatched to the crime scene. A woman called the police when she realized […]

The Docket: 8/29

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Stolen in a nanosecond Just last week a woman visited her local sheriff’s office to place a tip on a […]

Law & Disorder: The Docket 8/22

L&D

Totally secure knot …not In a local home a garage door was broken into. This garage door was perfectly secured […]