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Full-Text Articles in Law

Are Spread Out Cities Really Safer (Or, Is Atlanta Safer Than New York), Michael E. Lewyn Jan 1993

Are Spread Out Cities Really Safer (Or, Is Atlanta Safer Than New York), Michael E. Lewyn

Cleveland State Law Review

Many commentators believe that low-density, car-dependent cities are safer than older, higher-density cities. According to a 1990 Gallup Poll, most Americans share this view. The poll showed that low-density Sunbelt cities are generally perceived as safer than they really are, and that high-density Frostbelt cities are often perceived as more dangerous than they really are. The purpose of this article is to answer the following questions: 1. How closely do public perceptions of major cities' safety correlate with actual crime rates? 2. Even if high-density cities have lower crime rates, might public perceptions be justified by the possibility that crime …


Piercing The Corporate Veil: A Different Delaware Beyond The Boardrooms, Robert Hornstein, Daniel Atkins Jan 1993

Piercing The Corporate Veil: A Different Delaware Beyond The Boardrooms, Robert Hornstein, Daniel Atkins

Cleveland State Law Review

It is likely that most people today think only of Delaware as a summer vacation destination, or as corporate America's adopted home, but not as home to poverty that bears all the ugly markings of despair, deprivation and neglect. To look at Delaware beyond its boardrooms today is to witness the contradictions and consequences of an economy fueled by the promise that what would be good for the nation's banks and the wealthy would necessarily be good for all Delawareans-and most notably Delaware's poor. Over the course of the last ten years, Delaware's economic renaissance and its legislative centerpiece, the …


Staying Patent Validity Litigation Pending Reexamination: When Should Courts Endeavor To Do So, Steven M. Auvil Jan 1993

Staying Patent Validity Litigation Pending Reexamination: When Should Courts Endeavor To Do So, Steven M. Auvil

Cleveland State Law Review

This note will discuss the circumstances under which it is appropriate for a court to exercise its authority to stay patent validity litigation pending reexamination of the patent-in-suit. The question must be analyzed with due regard to the unique relationship that exists between Patent Office reexamination and district court litigation. As a point of departure, the note explains the substance and procedure of statutory reexamination. Secondly, it will discuss the possible effects that reexamination may have on concurrent litigation in a district court. Thirdly, the note will examine the discernible factors that courts have considered in deciding whether to suspend …


America's Counterrevolution - Unlearned Lessons, Nathaniel R. Jones Jan 1993

America's Counterrevolution - Unlearned Lessons, Nathaniel R. Jones

Cleveland State Law Review

"America's Counterrevolution - Unlearned Lessons" is about America's social revolution -which saw this nation change from a state that constitutionally sanctioned human degradation in the form of slavery and segregation, into one that enshrined in its basic charter human rights and guarantees of equality before the law for all persons. The revolution, in what Justice Marshall calls our "system of constitutional government", made our legal system the wonder of the world, which others constantly seek to emulate. In order to understand what is required of Americans as they find themselves in this counterrevolutionary period with respect to civil rights, there …


Re-Righting The Right To Privacy: The Supreme Court And The Constitutional Right To Privacy In Criminal Law, Jana Nestlerode Jan 1993

Re-Righting The Right To Privacy: The Supreme Court And The Constitutional Right To Privacy In Criminal Law, Jana Nestlerode

Cleveland State Law Review

Since the 1970's, federal legislation has expanded privacy rights in nonconstitutional areas. Juxtaposed against this more liberal legislative trend is the action of a significantly more conservative judiciary which has, and is, contracting that right in those areas governed by the Constitution. An examination of the Supreme Court's most recent decisions in the criminal law arena readily bears witness to this proclivity.


Protecting Trade Secrets And Confidential Information From Media Disclosure: Removing The Reporter's Shield, John M. Tkacik Jr. Jan 1993

Protecting Trade Secrets And Confidential Information From Media Disclosure: Removing The Reporter's Shield, John M. Tkacik Jr.

Cleveland State Law Review

This Note will address the problem facing businesses in Ohio when the laws protecting trade secrets and confidential information come into direct conflict with laws protecting the media. Part II of this Note will discuss the concept and various legal definitions attributed to trade secrets and confidential proprietary information. Parts III and IV will discuss trade secrets, confidential information and the related remedies available to companies, with emphasis on the statutes under Ohio's criminal code. This Note will then focus on the protection afforded the media by both an Ohio shield statute which protects confidential sources, and the U.S. Constitution …


Diminishing Returns: Doing Without A Separate Provision For Implied Warranty Disclaimers Through Dealing, Performance, And Usage, Aremona G. Bennett Jan 1993

Diminishing Returns: Doing Without A Separate Provision For Implied Warranty Disclaimers Through Dealing, Performance, And Usage, Aremona G. Bennett

Cleveland State Law Review

This article calls for the rethinking of subsection 2-316(3)(c), the course of dealing, course of performance, and trade usage disclaimer provision. The statutory formation of Article 2 requires elsewhere that, if applicable, any or all of these three factors must be considered when interpreting an agreement. Enactment of this second, separate provision should have directed courts to a more equable construction of implied warranty disclaimers of dealing, performance, and usage. This provision should have guided practitioners to a more reliable understanding of the requirements of such disclaimers. Not only did this provision do neither, but it also blurred the distinction …


Operation Rescue Blockades And The Misuse Of 42 U.S.C. 1985(3), Michael F. O'Brien Jan 1993

Operation Rescue Blockades And The Misuse Of 42 U.S.C. 1985(3), Michael F. O'Brien

Cleveland State Law Review

The purpose of this Note is to demonstrate that § 1985(3) is not applicable to Operation Rescue's blockade activities. Part II provides a brief survey of the history of § 1985(3) from its roots in the post-Civil War era to the 1950's. Part III examines the requirements for a § 1985(3) claim as delineated in the Griffin, Novotny, and Scott decisions. Part IV applies these requirements to the blockade controversy and argues that: (1) Gender-based animus should be accepted by the Court as a form of class-based animus within the meaning of § 1985(3); (2) the blockades do not fall …


Medical Futility: Has Ending Life Support Become The Next Pro-Choice/Right To Life Debate, Daniel Robert Mordarski Jan 1993

Medical Futility: Has Ending Life Support Become The Next Pro-Choice/Right To Life Debate, Daniel Robert Mordarski

Cleveland State Law Review

This note will provide an analysis of the issue of medical futility and propose "solutions" to the issue. Part II considers the definition of "medical futility" and different ways to view the concept. In Part III, the position is forwarded that medical futility is a question of values which the medical profession is not necessarily more qualified than a layperson to answer. In Part IV, medical futility will be examined in the context of existing law. This section also addresses the potential tort liability of a health care provider who unilaterally takes certain actions based on the concept of medical …


When Defendant Becomes The Victim: A Child's Recantation As Newly Discovered Evidence, Christopher J. Sinnott Jan 1993

When Defendant Becomes The Victim: A Child's Recantation As Newly Discovered Evidence, Christopher J. Sinnott

Cleveland State Law Review

This note will explore the standards for granting new trials within the child recantation setting. It will argue that insistence on respecting the evidentiary statements of children is contrary to common sense and current research. As a result, the standards for new trial ought to be rethought. Part II will analyze the two prevalent standards used by courts to weigh the merit of a new trial motion and will show why both standards present a nearly insurmountable hurdle for a movant to satisfy. Part III will explore the special issues that confront a court each time a young "victim" testifies. …