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Articles 31 - 39 of 39
Full-Text Articles in Law
Judicial Bias, Donald C. Nugent
Judicial Bias, Donald C. Nugent
Cleveland State Law Review
This article examines how bias and prejudice may impact the decision making process of our judiciary. It begins in Part II from the premise that all judges, as a part of basic human functioning, bring to each decision a package of personal biases and beliefs that may unconsciously and unintentionally affect the decision making process. To the extent that we, as judges, recognize the potential for bias to enter into our deliberations, we combat the potential harm and unfairness that bias can produce if unchecked. Moreover, attorneys and other participants in the justice system should also be conscious of the …
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Cleveland State Law Review
This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …
The Sixth Circuit's Unprecedented Reopening Of Demjanjuk V. Petrovsky, Deborah Roy
The Sixth Circuit's Unprecedented Reopening Of Demjanjuk V. Petrovsky, Deborah Roy
Cleveland State Law Review
In light of the criticism that the Sixth Circuit has received, this note will examine the authority of the court to reopen the Demjanjuk case in June, 1992.
Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh
Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh
Cleveland State Law Review
What I would like to talk about today, and I will use Iran-Contra as an illustration for much of it, is what I believe to be the conflict between two protective systems: (1) the rule of law as it is enforced by courts and lawyers; and (2) political oversight as set up by our Constitution and as it is carried out by political forces in Congress, particularly in it's oversight of the President. It is my conclusion that in some ways they are like having two alarm systems on your house: A silent system that communicates with police headquarters if …
The Legal Regulation Of Foreign Investment In Russia, Vladimir F. Popondopulo
The Legal Regulation Of Foreign Investment In Russia, Vladimir F. Popondopulo
Cleveland State Law Review
The legal regulation of foreign investment in Russia is carried out in accordance with the Statute of the Russian Federation dated July 4, 1991, entitled, "Concerning Foreign Investment in the Russia Federation and in accordance with several other basic laws. The statute prescribes the concept of foreign investment and the forms in which it may take effect, the procedure for the creation, operation and liquidation of foreign investment business enterprises, the procedure for the acquisition by foreign investors of ownership shares in the enterprise, its stock or other securities, the procedure for the acquisition by the foreign investor of the …
Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi
Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi
Cleveland State Law Review
This article investigates the legal methods used to regulate professional training under Soviet labor law. It will examine relevant norms of labor legislation, the views of Soviet labor law specialists, and existing practice.
Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh
Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh
Cleveland State Law Review
What I would like to talk about today, and I will use Iran-Contra as an illustration for much of it, is what I believe to be the conflict between two protective systems: (1) the rule of law as it is enforced by courts and lawyers; and (2) political oversight as set up by our Constitution and as it is carried out by political forces in Congress, particularly in it's oversight of the President. It is my conclusion that in some ways they are like having two alarm systems on your house: A silent system that communicates with police headquarters if …
Employee Dishonesty And The After-Acquired Evidence Doctrine: Why Honesty Is The Best Policy, Georgia Stanaitis
Employee Dishonesty And The After-Acquired Evidence Doctrine: Why Honesty Is The Best Policy, Georgia Stanaitis
Cleveland State Law Review
The Eleventh Circuit has stated that application of the after-acquired evidence doctrine as a complete defense is too rigid and that it produces harsh, inequitable results. At the same time, the Eleventh Circuit has voted to rehear the case setting forth this view. Until the rehearing, the Eleventh Circuit's principles are sound.13 Specifically, the Eleventh Circuit has criticized Summers as being antithetical to the principal purposes of Title VII which are to achieve equality of employment opportunity and make whole, so far as is possible, the individual or class affected by the discrimination. The Eleventh Circuit and arbitral forums, such …
Judicial Bias, Donald C. Nugent
Judicial Bias, Donald C. Nugent
Cleveland State Law Review
This article examines how bias and prejudice may impact the decision making process of our judiciary. It begins in Part II from the premise that all judges, as a part of basic human functioning, bring to each decision a package of personal biases and beliefs that may unconsciously and unintentionally affect the decision making process. To the extent that we, as judges, recognize the potential for bias to enter into our deliberations, we combat the potential harm and unfairness that bias can produce if unchecked. Moreover, attorneys and other participants in the justice system should also be conscious of the …