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Full-Text Articles in Law

Athenian Law, Laura E. Ray Jan 2018

Athenian Law, Laura E. Ray

Law Library Research Guides - Archived

No abstract provided.


Getting Ready To Clerk Guide, Cleveland-Marshall College Of Law Library Jan 2015

Getting Ready To Clerk Guide, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Empirical Legal Research Guide, Cleveland-Marshall College Of Law Library Jan 2015

Empirical Legal Research Guide, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


The Puzzle Of Ivf, Dena S. Davis Jan 2006

The Puzzle Of Ivf, Dena S. Davis

Law Faculty Articles and Essays

This essay seeks to address a puzzling element of the current political and legal struggles over abortion in the United States: if, as pro-life activists insist, embryos are morally equivalent to born, living persons, then why do these activists not oppose in vitro fertilization (IVF) as aggressively as they oppose abortion? IVF accounts for a significant number of destroyed embryos. Constitutionally, IVF appears to be a much more vulnerable target than abortion. And yet, legislative and political attempts to attack and restrict IVF are few, while attempts to erode women's capability to terminate pregnancies are a constant feature of ...


Stem Cells, Cloning, And Abortion: Making Careful Distinctions, Dena S. Davis Jan 2002

Stem Cells, Cloning, And Abortion: Making Careful Distinctions, Dena S. Davis

Law Faculty Articles and Essays

The current controversy over federal funding for research involving stem cells derived from very early embryos is situated between two other equally difficult issues: abortion and cloning. As Laurie Zoloth (2002) says, talk about stem cells is "directly proximate" to the abortion debate. Nonetheless, a settled position in favor of abortion rights does not necessarily lead to support for research that involves the death of embryos. Nor should opposition to reproductive cloning necessarily entail opposition to therapeutic cloning. There are important ways in which our attitudes toward research with embryonic stem cells ought to be entwined with our thinking about ...


Bringing The Camel Into The Tent: State And Federal Power Over Electricity Transmission , Cassandra Burke Robertson Jan 2001

Bringing The Camel Into The Tent: State And Federal Power Over Electricity Transmission , Cassandra Burke Robertson

Cleveland State Law Review

This paper provides a framework for understanding the current controversy regarding jurisdiction over the power grid, and provides policy-oriented solutions to ensure an adequate, low-cost transmission supply. The main thesis of this paper is that sound transmission policy requires greater federal power, and that Congress is better equipped than the courts to enact such policy. To this end, Part I of the paper offers an historical outline of the problem and analyzes the statutes and regulations that form the backbone of both the federal and state jurisdictional claims. Part II looks at legal considerations regarding the scope of federal jurisdiction ...


Learning From Japan: The Case For Increased Use Of Apology In Mediation , Max Bolstad Jan 2000

Learning From Japan: The Case For Increased Use Of Apology In Mediation , Max Bolstad

Cleveland State Law Review

This article proposes that there is room for increased use of apology in the United States and in mediation in particular. Mediation offers the ideal setting for the offering of an apology because of its position outside the traditional strictures of the adversarial system and because of its oft-stated goal of reconciling parties and preserving relationships. Similarly, an increased awareness of apology among mediators is likely to provide another innovative method for helping parties reach a mutually satisfying and beneficial settlement. Part II of this Article examines the nature of apology and its transformative power. Part II discusses the use ...


Identification Of The Unknown Soldier And The Fight For The Right To Anonymity: The Human Genome Project And Implications Of A National Dna Database, Kelly S. Erbes Jan 1999

Identification Of The Unknown Soldier And The Fight For The Right To Anonymity: The Human Genome Project And Implications Of A National Dna Database, Kelly S. Erbes

Cleveland State Law Review

The focus of this writing is the use of DNA for identification purposes and the issues that arise when genetic traits and/or predisposition to physical or mental conditions are linked to the individual specifically, along with the implications of a national DNA database as a system of identification. It has become the general rule that it is not an unreasonable invasion of privacy to take DNA for the purpose of identifying criminal offenders through a DNA database. This writing will examine the potential for nonconsensual inclusion of nearly everyone into such a system, as well as the ramifications in ...


Year 2000 Hurdles And Controversies, Michael D. Schindler Jan 1998

Year 2000 Hurdles And Controversies, Michael D. Schindler

Cleveland State Law Review

This article examines the hurdles and controversies of the Year 2000 problem. First, some background on the "Millennium Bug" explains the nature of the problem, how to fix it, and what it will cost. Next, the article discusses recent Year 2000 litigation. Then the article suggests that companies should implement a legal strategy to avoid potential liability by performing a legal audit of the Year 2000 problem. Additionally, the UCC and case law analysis are used to explain possible causes of action and who the plaintiffs and defendants will be. Other key legal issues analyzed are SEC disclosure requirements, insurance ...


Summary Judgment And Problems In Applying The Celotex Trilogy Standard, Gregory A. Gordillo Jan 1994

Summary Judgment And Problems In Applying The Celotex Trilogy Standard, Gregory A. Gordillo

Cleveland State Law Review

In this Note, the difficulties judges encounter in applying the Celotex standards are illustrated through an examination of summary judgment decisions in the United States Supreme Court and in Ohio courts. Ohio's judges often look to the Supreme Court's interpretations of the Federal Rules of Civil Procedure for guidance in applying Ohio's summary judgment rule, and summary judgment decisions of this state therefore exemplify the pitfalls that the Supreme Court has created.