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Articles 1 - 30 of 46
Full-Text Articles in Law
The Putative Defendant In A Federal Grand Jury Investigation, Edward F. Marek
The Putative Defendant In A Federal Grand Jury Investigation, Edward F. Marek
Cleveland State Law Review
This article will examine substantive and procedural considerations arising in connection with the representation of a putative defendant or a subpoenaed witness who may become exposed to criminal charges or contempt in the course of a grand jury investigation. Subtle as well as obvious applications of the fifth amendment privilege against self-incrimination will be addressed. In addition, certain problem areas will be explored such as whether a "target" of a grand jury investigation who is under subpoena can legally avoid an appearance, or whether illegally obtained evidence can be used to obtain an indictment, or whether and under what circumstances …
The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe
The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe
Cleveland State Law Review
This note will deal with the effects of proposed Senate Bill No. 67 on product liability law as it is now practiced in Ohio, including:1) The types of claims the proposed legislation would preclude due to a time lag between the date of purchase and the date of injury; 2) the effects this proposed legislation would have upon lawsuits whose out-comes depend upon technical applications of the various statutes of limitations now in effect, which depend on whether the claim is based on written or oral contract, tort, implied or express warranty, or professional malpractice; 3) the legislation's consideration of …
Law School Never Stops, Robert L. Clare
Law School Never Stops, Robert L. Clare
Cleveland State Law Review
In the past, law school graduates were molded into lawyers through along period of training. However, the modern legal community - law firms, law staffs of corporations and government agencies, bar associations, continuing legal education institutes and law schools - has begun to implement a whole new philosophy of legal training predicated upon the direct teaching of legal practice skills rather than the experience orientated process.
Love, Professional Responsibility, The Rule Of Law, And Clinical Legal Education, Steven H. Leleiko
Love, Professional Responsibility, The Rule Of Law, And Clinical Legal Education, Steven H. Leleiko
Cleveland State Law Review
The primary purpose of this article is to explore the tensions which arise in persons who come to law school because they view the practice of law as an expression of their love and concern for people. In examining the underlying causes of these tensions, six related factors will be looked at: (1) the relationship between the values of traditional legal education and the support or lack of support which these values afford to the affective characteristics of students; (2) the role of one's job as a means of expressing love; (3) the role of job satisfaction in one's life; …
Prefatory Remark, Robert B. Mckay
Prefatory Remark, Robert B. Mckay
Cleveland State Law Review
Does clinical legal education meet the test of necessity? An affirmative answer is here suggested for the following reasons. First, skills training is an important adjunct to analytical training and is nowhere better provided than in appropriately designed clinical programs. Second, neither students nor prospective employers should be satisfied with a legal education that omits reference to the practical world of skills training. Third, contrary to the common belief of earlier generations, skills training can be better accomplished through the systematic training programs of the law schools than through the more haphazard training of law firms and other law offices.
Professional Responsibility Of A Law Teachers, Norman Redlich
Professional Responsibility Of A Law Teachers, Norman Redlich
Cleveland State Law Review
What are the essential ingredients of the proposed code of professional responsibility for the law teacher? First, the law teacher should take seriously the subject of ethics and professional responsibility. Second, law teachers should insist on students adhering to professional standards. Third, the essential quid pro quo for insisting on high professional standards on the part of the student is for the law teacher to demonstrate respect for students and for their time. Law teachers should respond to the views of the students with the courtesy and respect accorded to fellow professionals. Respect for one's faculty colleagues is an important …
Why Don't Law Schools Teach Law Students How To Try Law Suits, Edward J. Devitt
Why Don't Law Schools Teach Law Students How To Try Law Suits, Edward J. Devitt
Cleveland State Law Review
As chairman of the Devitt Committee I was exposed to a wide range of views concerning the issue of the quality of trial advocacy in this country's courts. That experience made apparent the seriousness of the problem of inadequate trial advocacy and the necessity for appropriate remedies. The cure for this lies primarily with the law schools. What is needed is a fundamental change in attitude among American law schools. This commentary will establish that these pragmatic views have the support of logic, history and the available hard evidence.
The Contradictions Of Clinical Legal Education, Ralph S. Tyler, Robert S. Catz
The Contradictions Of Clinical Legal Education, Ralph S. Tyler, Robert S. Catz
Cleveland State Law Review
The central thesis of this commentary is that clinical methodology is sound theoretically, as it provides a necessary and vital complement to other modes of legal education, but that the exciting potential of this method will not be realized so long as law school clinical programs rely primarily on "live client" cases to teach their students. Because the live client model is used extensively in clinical programs, this commentary will assess that model of clinical education by seeking to identify the problems associated with maintaining a law office in the law school environment. Particular attention will be given to the …
Clinical Legal Education: The Case Against Separatism, Frank W. Munger
Clinical Legal Education: The Case Against Separatism, Frank W. Munger
Cleveland State Law Review
In this article I attempt to support my conclusion that the future of clinical education lies in its contributions to the classroom, rather than in its function as an independent source of training. This last phase of the clinical movement is the most important, and will constitute the greatest contribution of clinicians to legal education. I will argue that the concerns of clinicians have stimulated the soundest recent thinking about improvements in legal education, and that, therefore, clinics should be used to develop innovations in teaching which can be applied to the traditional classroom. If my arguments are valid, then …
Chart I - Summary Of Aba Model Rule And State Rules And Statutes, Cleveland State Law Review
Chart I - Summary Of Aba Model Rule And State Rules And Statutes, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Approaches And Stumbling Blocks To Integration Of Skills Training And The Traditional Methods Of Teaching Law, W. Noel Keyes
Approaches And Stumbling Blocks To Integration Of Skills Training And The Traditional Methods Of Teaching Law, W. Noel Keyes
Cleveland State Law Review
Having practiced for many years before becoming a law professor, the author felt compelled to look at the problem of how to integrate practical training into traditional methods for teaching law. It was soon evident that the solution could not be found if one took a pejorative attitude, dwelling on negative terminology such as "anti-intellectualism," but only if it was recognized that law study has little meaning without a concurrent study of its practice. This commentary will propose a mode for accomplishing this integration.
Here's What We Do: Some Notes About Clinical Legal Education, Stephen Wizner, Dennis Curtis
Here's What We Do: Some Notes About Clinical Legal Education, Stephen Wizner, Dennis Curtis
Cleveland State Law Review
For the past decade we have been engaged in developing the Yale Law School clinical program. From time to time academic colleagues, practicing lawyers, and even non-lawyers have asked what we do. Until we were invited to do so, however, we never could bring ourselves to put down on paper some of our thoughts about legal education in general, and clinical legal education in particular, gleaned from years of working in the field. These notes represent a beginning in that direction.
Selected Summaries Of Law School Clinical Programs, Cleveland State Law Review
Selected Summaries Of Law School Clinical Programs, Cleveland State Law Review
Cleveland State Law Review
These summaries are based on the 1980 funded Title XI abstracts on file with the U.S. Department of Education. They are not intended to include all clinical programs, but rather it is a representative sample to be used to compare and evaluate one's own clinical programs.
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
Cleveland State Law Review
Many practicing attorneys are unfamiliar with the role of the United States Magistrate in the federal judicial system. This article is intended to offer some insight into that role, both nationally and in the United States District Court for the Northern District of Ohio.
Why Substantive Criminal Law - A Dialogue, Sanford H. Kadish
Why Substantive Criminal Law - A Dialogue, Sanford H. Kadish
Cleveland State Law Review
In this dialogue, I have tried to address criticisms of the substantive criminal law, as a course and as a subject matter, made by a number of my students over several decades of teaching the subject. In away it is rather personal since it consists of the criticisms of my students and my apologia for what I have tried to do. That, however, would hardly be worth doing unless it is the case, as I believe it is, that these criticisms are widespread and that my responses speak to what is generally done in criminal law courses in this country.
The Professor As Manager In The Academic Enterprise, Stephen R. Ripps
The Professor As Manager In The Academic Enterprise, Stephen R. Ripps
Cleveland State Law Review
This article will examine the problems which arise when the NLRA is applied to institutions of higher education, and how the decisions by the NLRB have not been appropriately sensitive to these problems-particularly in the area of faculty organization. This article will also discuss the Supreme Court's decision in NLRB v. Yeshiva University which held that faculty members at the university were "managerial employees" and thereby excluded from coverage under the Act. This discussion will show that the Board's approach to this problem has been irrational and further demonstrates why the NLRB should never have assumed jurisdiction over institutions of …
The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk
The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk
Cleveland State Law Review
The American judicial system must necessarily rely on a steady flow of dispositions of cases by settlement lest it collapse because of a demand for trials beyond the ability of the courts to try cases. Settlements are achieved through a variety of procedures and techniques, yet many cases result in trials because of the uncertainty about prospective juror perceptions that pervades settlement discussions. Summary trial helps to eliminate this element of uncertainty and, at the same time, provides an additional basis for settlement of cases otherwise committed to trial. This is not to suggest that trial is to be avoided …
The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe
The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe
Cleveland State Law Review
This note will deal with the effects of proposed Senate Bill No. 67 on product liability law as it is now practiced in Ohio, including:1) The types of claims the proposed legislation would preclude due to a time lag between the date of purchase and the date of injury; 2) the effects this proposed legislation would have upon lawsuits whose out-comes depend upon technical applications of the various statutes of limitations now in effect, which depend on whether the claim is based on written or oral contract, tort, implied or express warranty, or professional malpractice; 3) the legislation's consideration of …
A Practical Approach To Representation Of A Client During A Federal Antitrust Grand Jury Investigation, Carl L. Steinhouse
A Practical Approach To Representation Of A Client During A Federal Antitrust Grand Jury Investigation, Carl L. Steinhouse
Cleveland State Law Review
Generally, in white-collar crime situations, particularly antitrust, the first time a client may know he is under investigation is after the grand jury proceedings have commenced. The client will usually find out about the investigation through the industry grapevine, through the receipt of a subpoena by his employer or through a subpoena ad testificandum to an individual in his company. It is necessary for an attorney to understand the investigative process in order to properly represent his client in the antitrust proceedings that follow.
Executive Order 12,114 - Environmental Effects Abroad: Does It Really Further The Purpose Of Nepa, Francis M. Allegra
Executive Order 12,114 - Environmental Effects Abroad: Does It Really Further The Purpose Of Nepa, Francis M. Allegra
Cleveland State Law Review
Executive order 12,144 is a cross-product of two separate vectors. On one axis it is a statement of foreign policy directing administrative review of the extra territorial environmental effects of major federal activities. On the other it is an alleged resolution of a long-standing intergovernmental controversy concerning the applicability of the National Environmental Policy Act of 1969 to major federal actions having solely nondomestic environmental impacts. In either context, the Order should be viewed as an attempt by the United States to assume a more responsible role in world environmental affairs. This note will examine the Executive Order and compare …
The Putative Defendant In A Federal Grand Jury Investigation, Edward F. Marek
The Putative Defendant In A Federal Grand Jury Investigation, Edward F. Marek
Cleveland State Law Review
This article will examine substantive and procedural considerations arising in connection with the representation of a putative defendant or a subpoenaed witness who may become exposed to criminal charges or contempt in the course of a grand jury investigation. Subtle as well as obvious applications of the fifth amendment privilege against self-incrimination will be addressed. In addition, certain problem areas will be explored such as whether a "target" of a grand jury investigation who is under subpoena can legally avoid an appearance, or whether illegally obtained evidence can be used to obtain an indictment, or whether and under what circumstances …
The Professor As Manager In The Academic Enterprise, Stephen R. Ripps
The Professor As Manager In The Academic Enterprise, Stephen R. Ripps
Cleveland State Law Review
This article will examine the problems which arise when the NLRA is applied to institutions of higher education, and how the decisions by the NLRB have not been appropriately sensitive to these problems-particularly in the area of faculty organization. This article will also discuss the Supreme Court's decision in NLRB v. Yeshiva University which held that faculty members at the university were "managerial employees" and thereby excluded from coverage under the Act. This discussion will show that the Board's approach to this problem has been irrational and further demonstrates why the NLRB should never have assumed jurisdiction over institutions of …
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
Cleveland State Law Review
Many practicing attorneys are unfamiliar with the role of the United States Magistrate in the federal judicial system. This article is intended to offer some insight into that role, both nationally and in the United States District Court for the Northern District of Ohio.
Why Substantive Criminal Law - A Dialogue, Sanford H. Kadish
Why Substantive Criminal Law - A Dialogue, Sanford H. Kadish
Cleveland State Law Review
In this dialogue, I have tried to address criticisms of the substantive criminal law, as a course and as a subject matter, made by a number of my students over several decades of teaching the subject. In away it is rather personal since it consists of the criticisms of my students and my apologia for what I have tried to do. That, however, would hardly be worth doing unless it is the case, as I believe it is, that these criticisms are widespread and that my responses speak to what is generally done in criminal law courses in this country.
A Practical Approach To Representation Of A Client During A Federal Antitrust Grand Jury Investigation, Carl L. Steinhouse
A Practical Approach To Representation Of A Client During A Federal Antitrust Grand Jury Investigation, Carl L. Steinhouse
Cleveland State Law Review
Generally, in white-collar crime situations, particularly antitrust, the first time a client may know he is under investigation is after the grand jury proceedings have commenced. The client will usually find out about the investigation through the industry grapevine, through the receipt of a subpoena by his employer or through a subpoena ad testificandum to an individual in his company. It is necessary for an attorney to understand the investigative process in order to properly represent his client in the antitrust proceedings that follow.
The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk
The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk
Cleveland State Law Review
The American judicial system must necessarily rely on a steady flow of dispositions of cases by settlement lest it collapse because of a demand for trials beyond the ability of the courts to try cases. Settlements are achieved through a variety of procedures and techniques, yet many cases result in trials because of the uncertainty about prospective juror perceptions that pervades settlement discussions. Summary trial helps to eliminate this element of uncertainty and, at the same time, provides an additional basis for settlement of cases otherwise committed to trial. This is not to suggest that trial is to be avoided …
Executive Order 12,114 - Environmental Effects Abroad: Does It Really Further The Purpose Of Nepa, Francis M. Allegra
Executive Order 12,114 - Environmental Effects Abroad: Does It Really Further The Purpose Of Nepa, Francis M. Allegra
Cleveland State Law Review
Executive order 12,144 is a cross-product of two separate vectors. On one axis it is a statement of foreign policy directing administrative review of the extra territorial environmental effects of major federal activities. On the other it is an alleged resolution of a long-standing intergovernmental controversy concerning the applicability of the National Environmental Policy Act of 1969 to major federal actions having solely nondomestic environmental impacts. In either context, the Order should be viewed as an attempt by the United States to assume a more responsible role in world environmental affairs. This note will examine the Executive Order and compare …
Theories Of Professors H.L.A. Hart And Ronald Dworkin - A Critique, John W. Van Doren
Theories Of Professors H.L.A. Hart And Ronald Dworkin - A Critique, John W. Van Doren
Cleveland State Law Review
This article will attempt to summarize the views of Professors Hart and Dworkin and engage in a critical evaluation of their thinking to demonstrate what will be perceived as a disparity between their theories and the way the legal machinery operates today.
A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber
A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber
Cleveland State Law Review
It is imperative that a multi-disciplinary approach to the seat belt defense be attempted. With a growing number of exceptions, courts have ruled that a defendant may not seek to lessen or avoid liability by showing that the plaintiff failed to use a restraint system. In this way the seat belt defense has frequently been rendered unavailable. Too often, the judiciary has determined as a matter of law that a reasonable person need not use a life-saving mechanism, denying juries an opportunity to reach a different conclusion. Thus, paradoxically, while courts have expanded the scope of injury liability by asserting …
Corporate Filings In Ohio: A Procedural Guide, Anthony J. Celebrezze Jr., John J. Biancamano
Corporate Filings In Ohio: A Procedural Guide, Anthony J. Celebrezze Jr., John J. Biancamano
Cleveland State Law Review
The office of the Secretary of State is the official repository for records relating to profit and non-profit Ohio corporations, foreign corporations licensed to transact business in this state and a number of other business related filings. Procedures for most filings with the Secretary of State are spelled out in various chapters of the Ohio Revised Code and forms for many of the transactions are readily available. Nevertheless, more than ten percent of the documents submitted for filing in 1980 were rejected for failure to comply with Code requirements. The rejection of a document causes obvious problems for the filing …