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Proving Medical Child Abuse: The Time Is Now For Ohio To Focus On The Victim And Not The Abuser, Tiffany S. Allison Jan 2012

Proving Medical Child Abuse: The Time Is Now For Ohio To Focus On The Victim And Not The Abuser, Tiffany S. Allison

Journal of Law and Health

Part I of this Note will discuss the history of Munchausen's Syndrome by Proxy and how the medical community is trying to make the general public aware of medical child abuse. Part II provides a history of Munchausen's Syndrome by Proxy and medical child abuse. It also highlights the differences in how litigation was previously handled under the nomenclature of Munchausen's Syndrome by Proxy and how litigation should be handled in the future under the nomenclature of medical child abuse. Part III identifies Ohio's current statutes and federal legislation that have an effect on child abuse. Part III also identifies …


Our Backyard Slave Trade: The Result Of Ohio’S Failure To Enact Comprehensive State-Level Human-Sex-Trafficking Legislation, Priscila A. Rocha Jan 2012

Our Backyard Slave Trade: The Result Of Ohio’S Failure To Enact Comprehensive State-Level Human-Sex-Trafficking Legislation, Priscila A. Rocha

Journal of Law and Health

This Note examines the shortcomings of Ohio’s current anti-trafficking legislation and argues that additional victim-focused legislation must be enacted at the state level to prevent human trafficking and to protect victims. Part II provides a broad overview of the human-sex-trafficking epidemic, its magnitude at an international level, and the United Nations’ response. Part III discusses the scope of human trafficking within the United States. It also examines federal level anti-trafficking initiatives, including the Trafficking and Violence Protection Act of 2000 (TVPA), its reauthorizations, and its effectiveness in preventing domestic human trafficking and in protecting victims. Part IV addresses the urgent …


The Adam Walsh Child Protection And Safety Act: Legal And Psychological Aspects Of The New Civil Commitment Law For Federal Civil Commitment Law For Federal Sex Offenders , John Fabian Jan 2012

The Adam Walsh Child Protection And Safety Act: Legal And Psychological Aspects Of The New Civil Commitment Law For Federal Civil Commitment Law For Federal Sex Offenders , John Fabian

Cleveland State Law Review

The Adam Walsh Act (AWA) became law on July 27, 2006, and is the most expansive and punitive sex offender law ever initiated by the federal government. One aspect of the statute, and the topic of this article, is the civil commitment of federal sex offenders. The AWA civil commitment law has its roots in prior U.S. Supreme Court cases including Kansas v. Hendricks and Kansas v. Crane. While the federal commitment statute is similar to traditional state commitment laws, the AWA does not provide for a finding of "likely" to commit sex offenses. Rather, the statute defines a "sexually …


Resolving The Post-Begay Maelstrom Statutory Rape As A Violent Felony Under The Armed Career Criminal Act, Sarena M. Holder Jan 2012

Resolving The Post-Begay Maelstrom Statutory Rape As A Violent Felony Under The Armed Career Criminal Act, Sarena M. Holder

Cleveland State Law Review

The Armed Career Criminal Act ("ACCA"), enacted in 1984, mandates a minimum fifteen-year sentence for defendants who unlawfully possess a firearm and who also have three prior convictions for violent felonies and/or serious drug offenses. Since its inception, the ACCA has presented a weighty problem: what constitutes a "violent" felony? The United States Supreme Court has made an effort to allay the confusion, most recently in its decision in Begay v. United States, requiring that violent felonies be purposefully violent or aggressive. This Note questions the reasoning of circuit courts that have disallowed statutory rape as a violent felony post-Begay, …