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Articles 1 - 29 of 29
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The Civil Rights Lawyer In The 1980'S, Thelton E. Henderson
The Civil Rights Lawyer In The 1980'S, Thelton E. Henderson
Cleveland State Law Review
There has been a lot of discussion recently about civil rights and the future, if any, of the civil rights movement. Some ask whether the civil rights movement in this country is dead. In response, I hope to answer this question by examining the civil rights movement along with the role of the civil rights lawyer in the 1980's.
Maintaining Residential Integration: Municipal Practices And Law, Kermit J. Lind
Maintaining Residential Integration: Municipal Practices And Law, Kermit J. Lind
Cleveland State Law Review
This Article focuses on the policies and programs that can be established to sustain racial diversity in housing. It reviews the circumstances that give rise to such policies and programs, describes the legal framework within which they must be fit, and examines some of them in light of the needs and interests of policy makers in communities that are open to minority groups. Since effective housing integration policies and programs can vary significantly from one place to another, each municipality must consider its options in view of its circumstances and the changing conditions in its housing market. In response to …
Masthead, Cleveland State Law Review
Conscientious Objection To War: The Background And A Current Appraisal, Richard P. Fox
Conscientious Objection To War: The Background And A Current Appraisal, Richard P. Fox
Cleveland State Law Review
This article reviews the legal history of conscientious objection to war in the United States. Then the current status of the law and the 1982 Selective Service Regulations are discussed and appraised. It is hoped that some of the popular misconceptions regarding conscientious objection will be dissipated by this article.
Genetically-Influenced Antisocial Conduct And The Criminal Justice System, Lawrence E. Taylor
Genetically-Influenced Antisocial Conduct And The Criminal Justice System, Lawrence E. Taylor
Cleveland State Law Review
The trend of current genetic research is clear. Assuming the legal system is eventually presented with the scientific capability of "reading" DNA and the statistical ability of predicting with substantial accuracy the probable future consequences of aberrant genetic structure, some very difficult questions will be posed. How should the criminal justice system deal with a criminal offender whose conduct was caused by a genetic aberration? Does society have the right to seek out such individuals before they cause harm and remove them from the community?
Table Of Contents, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Masthead, Cleveland State Law Review
Antitrust Improvements Act Of 1976, Parens Patriae Act: Paper Tiger Or Sleeping Giant, Patricia J. O'Donnell-Gaynor
Antitrust Improvements Act Of 1976, Parens Patriae Act: Paper Tiger Or Sleeping Giant, Patricia J. O'Donnell-Gaynor
Cleveland State Law Review
The Parens Patriae Act has been in effect for several years. Although there has been relatively little time in which to test the full measure of its effectiveness, it has gradually become apparent that much of the Act's promise remains unfulfilled. Recent federal court decisions, when coupled with the problems of funding which are being encountered by many state attorneys general, might be endangering the Act's continuing vitality and undercutting the legislature's intent in enacting the measure. This Note will discuss some of the major issues which are emerging under the Act and will attempt to separate the promise from …
Table Of Contents, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
A Practical Approach To The Use Of Expert Testimony, Irving Younger
A Practical Approach To The Use Of Expert Testimony, Irving Younger
Cleveland State Law Review
I will raise the questions that a lawyer is likely to put to himself when preparing a case involving expert witnesses, followed by an explanation of how to deal with the expert witness in court. After raising particular issues, I will sketch out the answer that you will find, and since we need to look at some particular jurisdiction, I will pay attention to the federal jurisdiction and the twenty or so states that have enacted the Federal Rules of Evidence. Then, by way of contrast, I will refer to some New York cases, simply because first, I know them …
Table Of Contents, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Multiple Convictions Statute In Ohio: Has It Achieved Its Intended Result, Dale A. Nowak, Jeffrey A. Key
Multiple Convictions Statute In Ohio: Has It Achieved Its Intended Result, Dale A. Nowak, Jeffrey A. Key
Cleveland State Law Review
The Ohio Allied Offense Statute is a codification of the common law doctrine of merger and is the Ohio legislature's attempt to insulate criminal defendants from harsh and absurd punishment. This Article discusses the relationship of certain constitutional guarantees against multiple punishments to the Allied Offense Statute and the multiple punishment controversy in Ohio.
Is America Over-Lawyered, Shirley M. Hufstedler
Is America Over-Lawyered, Shirley M. Hufstedler
Cleveland State Law Review
Are we over-lawyered? The answer that a lawyer must give is the kind of response that always exasperates laypersons-yes and no. We do have far more lawyers than we can absorb in the existing professional structures, at costs that can be paid by persons who need those services. The unmet need for legal services is very large and growing. Program after program designed to fund legal aid for the poor has been cut or extinguished. Even in a profession that is as crowded as our own, there is always room for the very best, the dedicated and the least selfish.
Table Of Contents, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
The Foreign Affairs Power: The Dames & (And) Moore Case, David F. Forte
The Foreign Affairs Power: The Dames & (And) Moore Case, David F. Forte
Cleveland State Law Review
In 1981, the Supreme Court decided Dames & Moore v. Regan. According to the modest view of the majority opinion, the Dames & Moore case is not even a brick, with or without straw. As Justice Rehnquist stated for the Court: "We attempt to lay down no general 'guide-lines'...and attempt to confine the opinion only to the very questions necessary to the decision of the case." A second look, however, reveals that in Dames & Moore, the Supreme Court did more than resolve some of the sticky legalities that were part of a serious foreign policy crisis. It also moved …
The Need For Workers' Compensation Reform In Ohio's Definition Of Injury: Szymanski V. Halle's Department Store, Ellen L. Knight
The Need For Workers' Compensation Reform In Ohio's Definition Of Injury: Szymanski V. Halle's Department Store, Ellen L. Knight
Cleveland State Law Review
This Note begins with a background of Ohio Supreme Court limitations on the General Assembly's definition of injury in workers' compensation law. Part IV(C) of this Note will analyze other jurisdiction's approaches to the compensability of physical injury caused by mental stimulus and will discuss other aspects and refinements of personal injury in the course of employment. It is proposed that there is a need for reform in Ohio's construction of "any injury"'-one that will embrace the nationwide trends of "uniformly" compensating workers for both physical and mental injury caused by mental stimulus. Ohio currently excludes both types of injuries. …
Masthead, Cleveland State Law Review
Confidential Employees: A Recommendation For Uniformity, Thomas L. Mcginnis
Confidential Employees: A Recommendation For Uniformity, Thomas L. Mcginnis
Cleveland State Law Review
In NLRB v. Hendricks County Rural Electric Membership Corp., the Court held that there is a "reasonable basis in law for the Board's use of the 'labor nexus test." At the same time, the Court declined to address the issue of whether the limited implied exclusion is also proper. This Note will address that open question by tracing the legislative, administrative and judicial treatment of confidential employees. The mode of analysis will be chronological, commencing with the passage of the Act. The analysis will detail the development of the labor nexus standard and the limited implied exclusion and will examine …
What You Don't Know Will Hurt You: Physicians' Duty To Warn Patients About Newly Discovered Dangers In Previously Initiated Treatment, Barbara Eileen Calfee
What You Don't Know Will Hurt You: Physicians' Duty To Warn Patients About Newly Discovered Dangers In Previously Initiated Treatment, Barbara Eileen Calfee
Cleveland State Law Review
This Note will explore the newly recognized duty to warn a patient when the health care provider subsequently learns that previous non-negligent treatment is or may be harmful to him. The Note begins by discussing the need for a duty to follow up on medical treatment. The proposed duty is analogized to existing forms of liability involving obligations to inform, to correct and to continue acting within a special relationship. The Note then outlines the prima facie case for, and defenses to, an action for breach of the proposed duty to follow up. It then considers objections that may be …
Masthead, Cleveland State Law Review
Front Matter, Cleveland State Law Review
Front Matter, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Constitutional Issues In The Regulation Of The Financing Of Election Campaigns, Archibald Cox
Constitutional Issues In The Regulation Of The Financing Of Election Campaigns, Archibald Cox
Cleveland State Law Review
The decisions sustaining campaign expenditures by corporations and organized groups are libertarian in the superficial sense that they sustain claims under the first amendment. Their effect, however, is to increase the influence of organized groups, especially of groups with access to money, and to diminish the voice of the individual. If liberty means the opportunity of the individual man or woman to express himself or herself in a society in which ideas are judged principally by their merit, increasing the relative influence of organizations and shrinking the attention paid to individual voices means a net loss of human freedom.
Capital Punishment In Ohio: Aggravating Circumstances, Elaine C. Hilliard
Capital Punishment In Ohio: Aggravating Circumstances, Elaine C. Hilliard
Cleveland State Law Review
The state of Ohio enacted a new death penalty statute which became effective October 19, 1981. As of January 18, 1983, eighty-three defendants had been indicted under the new statute. It is, therefore, both necessary and timely to evaluate Ohio's statutory delineation of who may die and its effect for compliance with constitutional mandates. This Note sets forth the hypotheses and supporting legal authority for analyzing Ohio's statutory aggravating circumstances individually and in the aggregate on equal protection and procedural due process grounds.
Reverse Freedom Of Information Act Litigation In A Non-Commercial Setting: The Case Of Professor Doe, Lawrence A. Silver
Reverse Freedom Of Information Act Litigation In A Non-Commercial Setting: The Case Of Professor Doe, Lawrence A. Silver
Cleveland State Law Review
So complex are the questions of what the right of privacy is, and when and how it can be invoked, that special precautions must be taken to prevent an article dealing with it from drifting off into the fascinating but misty realms of metaphysical speculation. This Article will deal with an important issue raised but not answered by the Federal Freedom of Information and Privacy Acts: the rights of a private party who seeks to prevent the federal government from releasing information concerning him.
Federal Decisional Law Under The Williams Act, Robert A. Profuse
Federal Decisional Law Under The Williams Act, Robert A. Profuse
Cleveland State Law Review
The legal requirements relating to tender offers have become a subject of great interest to a broad spectrum of corporate America. Given the frequency of litigation in this context, and the fact that the Williams Act itself and the SEC's rules provide clear answers to only the most basic of questions, analysis and understanding of the federal decisional law relating to tender offers - the principal focus of this Article - is of obvious significance. It constitutes an effort to analyze generally the principal issues raised in the many tender offer cases decided since the enactment of the Williams Act …
Standard Of Proof In Proceedings To Terminate Parental Rights, Dean Michael Rooney
Standard Of Proof In Proceedings To Terminate Parental Rights, Dean Michael Rooney
Cleveland State Law Review
This Note advocates the use of the beyond-a-reasonable-doubt standard of proof in proceedings to terminate parental rights permanently. The Note will commence with background considerations such as the authority of the state to terminate parental rights, the rights of the parties involved in a termination proceeding and a discussion of standards of proof. Consideration will also be given to the factors which should have an impact on the standard of proof in permanent termination proceedings. These factors include: the vagueness of termination statutes, the fundamental right of family integrity, the broad discretionary powers of the courts involved, the need for …
Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John
Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John
Cleveland State Law Review
This Note analyzes the development of these warrantless container search and seizure exceptions to furnish a comprehensive review of their justifications. The major focus is on the underlying rationale of Belton and Ross and the possible ramifications of such far-reaching warrant exceptions. The Note recommends that state courts interpret their state constitutions to allow the less drastic alternative of warrantless seizures of certain containers rather than warrantless searches as permitted by Belton and Ross under the federal Constitution. In addition, an analytic methodology for isolating interrelated yet distinct search and seizure questions is proposed. Initially, a general background of fourth …
Contract Market Self-Regulation Under The Commodity Exchange Act, Marshall J. Nachbar
Contract Market Self-Regulation Under The Commodity Exchange Act, Marshall J. Nachbar
Cleveland State Law Review
On May 3, 1982, the Supreme Court decided Curran v. Merrill Lynch, Pierce, Fenner & Smith, Inc. The Court answered the question o fwhether there was a private right of action for violations of the Commodity Exchange Act by holding that there was an implied right of action. In Curran, the CFTC had argued that a private right of action strengthens the enforcement and regulatory mechanisms already in place. The Court apparently found this to be a persuasive argument. Whether a private right of action will have the desired effect remains to be seen.
The Flag Salute Cases And The First Amendment, Stephen W. Gard
The Flag Salute Cases And The First Amendment, Stephen W. Gard
Cleveland State Law Review
The doctrinal importance of the opinions of Justices Jackson and Frankfurter in the flag salute cases as contrasting statements on the interpretation of the freedom of speech guarantee of the first amendment and the function of the judiciary in preserving our most precious civil liberty has been almost wholly ignored. There are several reasons why an examination of the cases from this perspective is especially important. First, the major casebooks almost uniformly treat Barnette and Gobitis as freedom of religion cases and ignore Justice Jackson's significant contribution to free speech theory. Second, the flag salute controversy has been revived recently …