Law Commons^™

Advance Trade Discounts: A Reprise, Deborah A. Geier

Law Faculty Articles and Essays

Prof. Deborah A. Geier, in a response to a recent article by Robert Willens on advance trade discounts, discusses the differences between the courts' analyses and some academics' approaches to measuring the income tax base properly.

Everything You Wanted To Know About Justice Scalia But Were Afraid To Ask, Or Don't Look Now But Justice Scalia's Originalism Approach Is Fatally Flawed, Arthur R. Landever

Law Faculty Presentations and Testimony

I do not deny Justice Scalia's valiant efforts to vote based upon his originalist principles. But both a justice and an observer are well advised to understand the implications of the culture surrounding the Supreme Court. Originalism, in assuming present culture plays little part, and in seeking to operate in a closed universe, distorts the reality of judicial decision-making, and to that extent, risks unsound constitutional interpretations.

2007 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library, Joanne E. Goodell Ph.D.

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr. Joanne Goodell was the guest speaker.

Another Take On The Mortgage Debt Relief Situation, Deborah A. Geier

Law Faculty Articles and Essays

Prof. Deborah A. Geier responds to Prof. Stephen Cohen's viewpoint on the mortgage debt relief debate.

Lawyer Deception To Uncover Wrongdoing, Lloyd B. Snyder

Law Faculty Articles and Essays

A Colorado district attorney used deception to get a man who had murdered three people and was threatening to kill again to surrender himself to the police. Following this, the Colorado Attorney Regulation Counsel charged the attorney with violating Rules 8.4(c) and 4.3 of the Colorado Rules of Professional Conduct. This article discusses the Rule 8.4(c) charge. Colorado and Ohio have identical provisions in their Codes of Professional Conduct on dishonesty and violations of professional conduct rules.

Children Of Men: Balancing The Inheritance Rights Of Marital And Non-Marital Children, Browne C. Lewis

Law Faculty Articles and Essays

Average U.S. citizens are routinely having children out of wedlock. In America, at least one out of every three babies born is a non-marital child. As more and more children continue to be born out of wedlock, society must enact laws to protect the interests of those children. They are the children of men and they are entitled to financial support both during the lives and after the deaths of their parents.

Part II of this article briefly discusses the historical treatment of non-marital children. Part Ill explores the modem legal treatment of non-marital children, which consists of three distinct …

Creating Online Tutorials: Five Lessons Learned, Lauren M. Collins

Law Faculty Articles and Essays

In the fall of 2005, two librarians, a legal research and writing program director, and an instructional technologist at Wayne State University received a grant to create online tutorials introducing novices to the basics of legal research. Tutorials were planned on subjects that the library and the legal research and writing program had traditionally covered jointly via library workshops, coordinated with classroom instruction for first-year law students. Since the mission of the law library is to support campus-wide activity and to assist members of the general public with legal research needs, the content of the tutorials was designed to serve …

Equal Access To Public Education: An Examination Of The State Constitutional And Statutory Rights Of Nonpublic Students To Participate In Public School Programs On A Part-Time Basis In North Carolina And Across The Nation, John Plecnik

Law Faculty Articles and Essays

This article argues that private and homeschool students in North Carolina have a state constitutional and statutory right to participate in public school programs on a part-time basis. This right is based on the North Carolina Constitution's explicit acknowledgment of nonpublic education and guarantees of equal protection and equal access to public schools. This right is also based on state statutes that mirror the wording and spirit of the state constitution's guarantees. Since the North Carolina Supreme Court has held that equal access to public schools is a fundamental right under the state constitution, this right can only be restricted …

Expensing And The Interest Deduction, Deborah A. Geier

Law Faculty Articles and Essays

The difficulty of envisioning an effective provision that would deny interest deductions in this context may be reason enough to advocate for the alternative proposal described at the beginning of this viewpoint. The mixing of consumption tax provisions with the income tax treatment of debt in the U.S. tax system already provides too many opportunities for tax arbitrage. The expensing proposal would exacerbate these problems. The alternative proposal of broadening the base and lowering the rates (especially if coupled with eliminating the capital gains preference and integrating the corporate and individual taxes) would go far toward reducing the unfortunate mixing …

A Frank & Honest Talk: Aall’S Diversity Symposium Takes On Hard Questions Of Creating And Maintaining Diversity In The Legal Community, Lauren M. Collins

Law Faculty Articles and Essays

"Getting a Rise Out of Diversity: Celebrating the Challenge" took on hard questions of diversity, while keeping the spirit of New Orleans alive through celebration. With speakers who work to maintain diversity in legal practice and education every day, participants engaged in a lively discussion of what diversity actually is and how to create and sustain it.

Documentation Assessment Of The Diebold Voting System, S. Candice Hoke, Dave Kettyle

Law Faculty Reports and Comments

The California Secretary of State commissioned a comprehensive, independent evaluation of the electronic voting systems certified for use within the State. This team, working as part of the “Top to Bottom” Review (“TTBR”), evaluated the documentation supplied by Diebold Election System, Inc.

My Retirement Speech, May 8, 2007, Arthur R. Landever

Law Faculty Presentations and Testimony

No abstract provided.

Collaborative Public Audit Of The November 2006 General Election, S. Candice Hoke, Collaborative Audit Committee

Law Faculty Reports and Comments

We hope that this Audit Report will assist the Ohio Secretary of State, all Ohio local Boards of Election, election reform organizations, and other election officials nationwide in seeing how an independent audit process can be created and function at the local level. Additionally, we hope the public will recognize that this Report contains the kind of information that all election administrative agencies need to better achieve the public charge for producing accurate election results and to facilitate sound improvements in election administrative practices.

A Sign Of Contradiction, David F. Forte

Law Faculty Articles and Essays

Hadley Arkes offers a brilliant manifesto for natural law. In it, he suggests that judges do not pay enough attention to reason, that their realm of reason is too circumscribed—and he levels the criticism at both modern liberal and conservative judges. He urges them to reach out specifically to the principles of the natural law. Yet the judges resist the invitation. They seem always to have resisted the invitation. Why is that so? Why are natural law reasons resisted?, Arkes asks. Why do judges not seek a proper grounding of their judgment in natural law?

The Mystery Of David Barnhizer, Sheldon Gelman

Law Faculty Articles and Essays

Professor Sheldon Gelman recalls the professional contributions and personal qualities of his colleague Professor David Barnhizer upon the occasion of his retirement.

Testimony Before The U.S. House Of Representatives, Elections Subcommittee Of The House Administration Committee, Concerning The Importance Of Independent Post-Election Auditing And Reviewing Impediments To Election Auditing And Greater Transparency., Candice Hoke

Law Faculty Presentations and Testimony

Mandatory election audits are a critical step for restoring public confidence in the electoral system and for learning what problems exist (in equipment, systems, and personnel) so that they might be effectively corrected. Unfortunately, the promise of auditing will be severely undermined if the federal auditing entity lacks independence from the election administrative authority. Secretaries of State can play a number of crucial additional roles that will facilitate efficient and effective election audits, but because of the appearance of conflicts of interest should not be supervising and conducting federal audits. The federal audit effort will be greatly enhanced if the …

No Credit For Gross Withholding Taxes On Portfolio Investments?, Deborah A. Geier

Law Faculty Articles and Essays

Prof. Deborah Geier discusses the creditability of foreign gross withholding taxes on portfolio investments.

Death Is Not Different: The Transfer Of Juvenile Offenders To Adult Criminal Courts, Christopher A. Mallett

Social Work Faculty Publications

The US Supreme Court first reviewed a state's statutory procedure for juvenile transfer to adult criminal courts in Kent v. US 1 Morris Kent was a fourteen-year-old first convicted for purse snatching and house-breaking, placed on probation, and later charged at the age of sixteen with robbery and rape. 2 Kent was arrested, presumably admitted to involvement in these crimes after seven hours of interrogation, and placed in a receiving home for one week.

Stunning Trends In Shocking Crimes: A Comprehensive Analysis Of Taser Weapons, Shaun H. Kedir

Journal of Law and Health

In 2001, Westminster, Colorado police officers were dispatched to the home of a suicidal thirteen year-old girl who had barricaded herself in a bathroom. The young girl was mutilating her wrist with two butcher knives. When police officers forced their way into the bathroom, the emotionally disturbed girl charged at them with the two butcher knives while screaming, "Kill me! Kill me!." One of the officers deployed a Taser M26, a hand held conductive energy weapon, which fires two barbed darts up to a distance of thirty-five feet that then deliver an electric shock of 50,000 volts. The officer's Taser …

American Diagnostic Radiology Moves Offshore: Surfing The Internet Wave To Worldwide Access And Quality Perspectives: American Diagnostic Radiology Moves Offshore: Where Is The Internet Wave Taking This Field, Eric M. Nyberg, Charles F. Lanzieri

Journal of Law and Health

International reading of medical imaging studies, or offshore teleradiology, has been a successful, though limited, practice benefiting patients and physicians for over a decade. Domestic and international market forces will continue to expand the demand for teleradiology as an important complement to United States based diagnostic radiology, though a full exodus of diagnostic reading to offshore sites is unlikely and inappropriate. Considerable obstacles remain to taking the teleradiology market to scale; however, barriers related to licensure, liability, quality assurance, and reimbursement will likely yield to market forces to be resolved in recognition of the significant benefits teleradiology offers to consumers …

Federally Mandated Informed Consent: Has Government Gone Too Far, Linda P. Mckenzie

Journal of Law and Health

Laws mandating disclosure of particular information are known as informed consent laws. They exist primarily in the area of reproductive health and most often apply to women seeking abortion. This article discusses the legal and ethical issues that arise when lawmakers decide what patients must be told before they can access certain medical procedures. Part II examines some of the ethical implications of informed consent laws. Physicians have a duty to obtain a patient's informed consent before acting. Part III discusses legal concerns raised by informed consent laws. These include the First Amendment free speech rights of physicians and patients' …

The Role Of The Federal Government In Overseeing Medical Research, Gil Van Bokkelen

Journal of Law and Health

The United States enjoys a unique position among the world community in a number of respects. Although it is not the largest or most populated country in the world, the United States is considered one of the wealthiest. Our significant national wealth affords us with some interesting opportunities. In particular, it allows us to devote a portion of those resources towards causes that we as a nation feel are worthy and significant. For example, such causes include charitable aid programs, in the name of promoting global economic development and world peace. The United States leads in this category as well, …

Restricting Access To Unapproved Drugs: A Compelling Government Interest , Peter M. Currie

Journal of Law and Health

The prospective review and approval of drugs is central to the public health mission of the United States Food and Drug Administration (FDA). Requiring pharmaceutical manufacturers to generate information about their products' safety and efficacy enables the agency to evaluate the risks and benefits associated with their use, thereby preventing overly harmful products from reaching the market. The majority of consumers benefit from this intervention by gaining access to an array of drugs that are proven to be safe and effective. Thus, governmental regulation in this area is arguably justified because the aggregate social welfare is substantially improved. However, this …

Legal Change, The Eighty-Third Cleveland-Marshall Fund Visiting Scholar Lecture , Gerald Torres

Cleveland State Law Review

This Essay will proceed in the following steps. First, I want to propose a preliminary definition of legal change. As I hope to make clear, there are technical and non-technical dimensions to the definition. Second, I want to offer a preliminary definition of social change and social movements. Third, I want to build on the analysis of the late Professor Thomas Stoddard in which he sketched out a relationship between what he calls "rule shifting" and "culture shifting."' Finally, I want to describe what Professor Lani Guinier and I have come to call "demosprudence." I appreciate that it is not …

Hedge Fund Regulation: The Amended Investment Advisers Act Does Not Protect Investors From The Problems Created By Hedge Funds, Sean M. Donahue

Cleveland State Law Review

Hedge funds are a viable investment alternative for financially sophisticated investors. However, because traditional hedge funds and funds of funds are unsuitable for average investors, these investors should be restricted from making such investments. Regardless of who invests in hedge funds, advisers of these entities must be regulated to assure that they do not commit fraud. In addition to monitoring advisers, the SEC must limit hedge funds' use of leverage to assure that market collapse does not occur. Part II of this Note describes the history and development of hedge funds. Part III illustrates the current problems facing the hedge …

Excuse Me, Sir; You're Sitting In A No Cell Phone Pornography Section, You'll Have To Put That Away: May The Fcc Regulate The Content Of Wireless Broadband Transmissions, H. William Beseth Iii

Cleveland State Law Review

This Note will argue that the scope of the FCC's authority to regulate traditional broadcast content does not extend to the content transmitted to wireless devices via broadband transmission. Part II of this Note provides a study of the key cases that characterize the scope of the FCC's statutory authority to regulate traditional broadcast content. Additionally, Part II presents a discussion of the First Amendment and the limits it imposes on the FCC's regulation of broadcast content. Part III evaluates whether content transmitted by new technologies fits into the regulatory scope of the FCC's authority according to the tests set …

The Only Americans Legally Prohibited From Knowing Who Their Birth Parents Are: A Rejection Of Privacy Rights As A Bar To Adult Adoptees' Access To Original Birth And Adoption Records, Susan Whittaker Hughes

Cleveland State Law Review

Sadly, adult adoptees in America must confront the reality that, in most states, their right to access their original birth and adoption records is a very narrow right statutorily granted only to those who can show good cause. Part II of this paper will explore the reasons why adult adoptees search for information regarding their biological origins and the history of adult adoptees' access to original birth and adoption records. Part III will give a brief overview of the concept of constitutional privacy and discuss the several categories of privacy currently recognized in American law and the relationship between privacy …

Personal Insights And Experiences Regarding The Passage Of Title Ix , Birch Bayh

Cleveland State Law Review

My purpose here today is to look at some of the legislative history of Title IX, and perhaps some of the details that never made it into the Congressional Record, and also to include my personal involvement in it. I do that with some fear and trepidation because it sounds like one is puffing himself up.It is fair to ask, “How can a kid who grew up on a corn and soybean farm, raising pigs and hogs and cattle and calves, chickens, how in the world could he ever get to be a United States Senator, let alone become involved …

Title Ix: How We Got It And What A Difference It Made, Bernice Resnick Sandler

Cleveland State Law Review

This article is a longer version of two speeches, one given at Women Rock: Title IX Academic and Legal Conference held at Cleveland State University on March 30, 2007 sponsored by McDonald Hopkins LLC, and one given in San Francisco at an Equal Rights Advocates fundraiser on June 8, 2007. In this article, the author takes the reader through her personal journey to reach Women's Equality in a world before Title IX. Through these experiences, she has become an integral part in the creation of Title IX legislation.

Worth Fighting For: Thirty-Five Years Of Title Ix Advocacy In The Courts, Congress And The Federal Agencies, Marcia D. Greenberger, Neena K. Chaudhry

Cleveland State Law Review

This article focuses on Title IX and women's continuing struggle to secure equal opportunity on the playing fields. But athletics is not unique. Indeed, the lessons of Title IX in athletics, its importance to women and girls, and how the law has been shaped over the years by advocacy in each branch of government, apply to all the fields of endeavor that still remain only partially available to the young women of this nation. Women and girls continue to lag behind in the STEM (science, technology, engineering and math) fields, remain clustered in “traditionally female” programs such as cosmetology that …