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Professional Ethics Opinion 89-3, Attorney Responsibility To Disabled Or Dysfunctional Client, David F. Forte

Law Faculty Articles and Essays

When an attorney files suit on behalf of a client and later has reason to believe the client is incompetent, what should the attorney do? Can the case be settled? Can the attorney move for the appointment of a guardian ad litem? The article is an excerpt from an ethics opinion which answers these questions.

1989 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

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

The Gamut: A Journal Of Ideas And Information, No. 28, Winter 1989, Cleveland State University

The Gamut Archives

CONTENTS OF ISSUE NO. 28, WINTER, 1989

Louis T. Milic: Editorial, 2

Solution for difficult Problems

Victor M. Victoroff: Right, Wrong, and the insane Killer, 4

Frustrations of the insanity defense in criminal law

Harvey Pekar: Russian Literature’s Reawakening, 18

Avant-garde Soviet fiction writers emerge

Karen Kovacik: The Computer Muse, 29

Digitized images stimulate imagination

Barbara B. Green: Moscow and Tallinn under Gorbachev, 36

A diary of recent visits with families in Russia and Estonia

J. D. Brown: Two Churches in China, 65

Christian worship since the Cultural Revolution

Sally B. Palmer: Sing …

Finding Yourself In Law School, Joel Jay Finer

Cleveland State Law Review

Congratulations on your acceptance and your decision to enter law school. Some might say after reading this commentary that it was more appropriate for a commencement address. But stop to think. Commencement means beginning. This is your commencement, the beginning of your legal career. And if the values to which I refer are not somewhere in your thoughts during your law school education, when you can begin to see how your technical skills can be put to use in service of whatever justice goals you personally find most meaningful, it may be more difficult to make the connections later on. …

Excursions Into The Nature Of Legal Language, Mary Jane Morrison

Cleveland State Law Review

In this article, I explore some of the truths on each side of the issue of whether the language of the law is a technical language and whether lawyers speak in a technical language when they speak with each other about the law. In Part I of this article, I examine the due process limitations on the thesis that the law is in a technical language and I draw distinctions between speaking carefully and speaking technically. In Part II, I set out the technical language views of H.L.A. Hart and Charles Caton. By taking back-bearings on the views of Hart …

Fetal Tissue Transplantation: Regulating The Medical Hope For The Future, Jacquelyn F. Sedlak

Journal of Law and Health

While fetal tissue implants have the potential to offer relief to several million Americans, these two scenarios are examples of the many legal and ethical issues surrounding the technology. Currently, the use of fetal tissue is loosely regulated by an assortment of laws, many of which were enacted before the therapeutic use of fetal tissue was even conceived as a possibility. At the time many of the regulations governing fetal tissue use were developed, the primary goal of the regualtions was to prevent the exploitation and sale of aborted fetuses following the Supreme Court's decision in Roe v. Wade. Had …

A Unified Approach To Organ Donor Recruitment, Organ Procurement, And Distribution, David A. Peters

Journal of Law and Health

This article initially demonstrates the falsity of each of these assumptions. Policy alternatives are then proposed to govern donor recruitment and the activities of organ procurement and distribution. These alternatives are consistent with the correct assumption on the issues mentioned, and appear to be politically feasible in the light of available empirical evidence.

Public-Private Partnerships In Biomedical Research: Resolving Conflicts Of Interest Arising Under The Federal Technology Transfer Act Of 1986, Thomas N. Bulleit Jr.

Journal of Law and Health

The Federal Technology Transfer Act of 1986 offers private industry the opportunity to enter into cooperative research and development agreements with scientists in federal laboratories and to gain rights in intellectual property resulting from such collaborations. Increased collaborations with private industry, however, expands the potential for conflicts of interest. Resolution of the tensions between the Technology Transfer Act and federal conflict of interest rules is important because federal laboratories, such as the NIH, are experiencing a loss of senior scientists to universities and private industry due to inadequate compensation. These tensions may be resolved by some combination of policies, regulations, …

Encouragement Of Empathy: Just Decision Making For Incompetent Terminal Patients, Michelle L. Oxman

Journal of Law and Health

Logically, there may be little difference between discontinuing a machine that maintains the patient's breathing and discontinuing artificial nutrition and hydration. However, discontinuing artificial nutrition results in death by starvation and thirst over a period of days or weeks, as contrasted with the almost immediate death produced by discontinuing a respirator. The increased length of time that it would take for the patient to die from starvation and dehydration caused by the withdrawal of artificial feeding has influenced the opinion of some judges. The emotional ramifications of denying food and water to a seriously ill person have also affected judicial …

Fetal Abuse: Culpable Behavior By Pregnant Women Or Parental Immunity, George P. Smith Ii

Journal of Law and Health

The purpose of this essay is to demonstrate the pressing need of the law to take decisive action in imposing tort liability for willful and malicious conduct by drug addicted women during their pregnancy. Liability should be imposed notwithstanding the warnings from civil libertarians that the enforcement of such a policy would most assuredly give rise to "prenatal police patrols".

Application Of The Discovery Rule To The Ohio Wrongful Death Statute, Edward J. Leonard

Journal of Law and Health

The focus of this note will be on the statute of limitations applicable to the Ohio wrongful death statute. This statute requires that any claim for wrongful death be brought within two years of the date of death. Application of the discovery rule to the wrongful death statute would allow an action to be brought within two years of discovering that the death was the result of a wrongful act.

Resolving The Medical Malpractice Crisis: Alternatives To Litigation, Allen K. Hutkin

Journal of Law and Health

This article will review the societal and individual costs of the present medical malpractice system, analyze current efforts to reform the system, and propose several alternatives for consideration. These alternatives include expanding the use of alternative dispute resolution, reformulating the doctor/patient relationship, expanding the scope of conventional hospital risk management and modifying the manner in which medical malpractice insurance is presently provided.

Recovery Of Limited Damages In Wrongful Pregnancy Action: Johnson V. University Hospitals Of Cleveland, Liza F. Cohen

Journal of Law and Health

The birth of a healthy, normal child in American society is generally considered a "blessed event." This is not always so when the pregnancy is unwanted or unplanned. Joy is not always followed by the birth of a child whose mother's pregnancy resulted from a failed sterilization or a failed abortion because of a physician's negligent act. The abortion or sterilization may have been sought because of the fear that a pregnancy would result in a child who might threaten the mother's physical wellbeing or would put a financial strain on the family. Such negligence on the part of a …

Professional Ethics Opinion 89-1, Propriety Of Non-Lawyer Employees' Names On Letterheads And Business Cards, David F. Forte

Law Faculty Articles and Essays

A lawyer or law firm may include on its letterhead and business cards the names and titles of its nonlawyer employees, so long as the letterhead or business card describes such employees as nonlawyers.

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

The Revolution In American Law Schools, David Barnhizer

Cleveland State Law Review

The majority of this Article has considered some of the changes that have come about in the focus of legal scholarship. Of equal importance are the shifts in curriculum and content that the schools have experienced. In some ways the shifts mirror changes in academic focus but curricular change has by and large altered much of what is actually done in the law schools while seeming, on the surface, to remain largely the same. The curriculum of the Cleveland State University College of Law provides an example of how law schools have responded innovatively to an expanded sense of professional …

Containing The Aids Virus . . . Testing . . . Reporting . . . Confidentiality . . . Quarantine . . . Constitutional Considerations, Luann A. Polito

Cleveland State Law Review

In addition to illness, disability, and death, AIDS has evoked fear in the hearts and minds of most Americans: fear of the AIDS virus and fear of the unknown. This fear has caused many Americans to act irrationally towards AIDS and its victims. This article will analyze the different legislative acts intended to curtail the spread of the disease and whether these enactments will aid or merely hinder the containment of the AIDS virus. It will illustrate potential conflicts this legislation poses to the AIDS victims' constitutional rights of privacy and liberty. At its conclusion, it will illustrate that with …

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Ohio's Child Support Guidelines: A Springboard Or A Crutch, Lois J. Cole

Cleveland State Law Review

The purpose of this Note is to clarify the ramifications of Ohio's Child Support Guidelines and the 1988 Amendments. An examination of Ohio's child support law will necessarily begin with the background of federal child support legislation beginning with the Social Security Act of 1935. Mandates from this legislation, and its succeeding amendments over fifty years, are followed resulting in an examination of Ohio's Child Support Guidelines. Next, this Note focuses on the importance of judicial discretion and its role in the successful implementation of the Guidelines as well as whether Ohio's Guidelines should be used as a rebuttable presumption …

Willfulness And Ignorance In Federal Criminal Law, Michael E. Tigar

Cleveland State Law Review

In confronting the system of federal crimes, no word has sown more confusion than "willfully." While the term appears in literally dozens of offenses in Titles 18 and 26 of the United States Code, its meaning may vary considerably. Moreover, willfulness may be added to a statutory offense definition by judicial decision or to the indictments' allegations by prosecutorial practice. However, the absence of a unitary judicial and legislative definition of willfulness is not a reason for throwing over well-established rules about criminal intent. Precision and differentiation, and not any single categorical imperative, are the goals. All the slogans deployed …

The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry

Cleveland State Law Review

In October of 1988, Congress enacted the Intellectual Property Bankruptcy Protection Act. The Act is intended to "promote the development and licensing of intellectual property by providing certainty to licensees in situations where the licensor files bankruptcy and seeks to reject the license as an executory contract by providing the licensee an "assurance of being able to continue to use the licensed intellectual property after rejection, while debtors/licensors will still be able to free themselves of burdensome obligations." The Act adds a new subsection to 11 U.S.C. §365 which allows the licensee of intellectual property under an executory contract to …

Man Bites Dog With Ohio's Vicious Dog Statute, Diane K. Hale

Cleveland State Law Review

This article discusses Ohio’s vicious dog statute, ORC 955.11, signed into law in July 1987. Section II provides background information on pit bulls and their general reputation in society. Section III explains how dogs and dog ownership were regulated under the old law, and then Section IV delves into how the new law operates to regulate dogs. Section V moves into issues of Constitutionality, and Sections VI and VII discuss alternative options and proposes changes to the new law.

Working It Out: A Japanese Alternative To Fighting It Out, David J. Przeracki

Cleveland State Law Review

Since the end of World War II, Japan has soared to the summit of importance in the world economy. In recent years, the balance of trade between the United States and Japan has been tipped strongly in favor of the Japanese. Since America's hegemony in international contracting is waning, especially with the Japanese, new approaches must be considered. The purpose of this Note, therefore, is to provide the reader with an understanding of the difference between Japanese and American legal consciousness. Because the Japanese approach yields an exceptionally low rate of litigation, a secondary goal of this Note is to …

Arizona Corporation Commission V. Media Products, Inc.: Clarification Of Competing Federal And State Securities Regulation, Marianne M. Jennings

Cleveland State Law Review

While most regulators at both the state and federal levels espouse an attitude and philosophy of cooperation, the fact is that, because of conflicts in authority and unresolved constitutional issues, most nationwide offerings are becoming more difficult to execute and are burdened by so many bureaucratic loopholes that the role of the United States as a capital market in the international sense may be greatly impaired. The purpose of this Article is to explain the coexistence of federal and state securities regulation, define the resolved constitutional issues, and discuss those that remain unresolved. Finally, the Article proposes a peaceful coexistence …

Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin

Cleveland State Law Review

Punitive, or exemplary damages, have been recognized in the Anglo-American common law systems for two centuries. This Article explores the consequences of treating punitive damages as a private means of punishment. Light is shed on the controversies surrounding, first, the attempt to adopt a standard of punishment, private or public, and second, to apply such a standard. The concentration on punitive damages for this exploratory undertaking, instead of criminal sanctions, avoids the need to account for additional imputed public penal purposes, such as rehabilitation and isolation. As a preliminary matter, the emphasis of this Article should be made clear. The …

Suing A State In Federal Court Under A Private Cause Of Action: An Eleventh Amendment Primer, Donald L. Boren

Cleveland State Law Review

A major obstacle facing an attorney, whose client is suing a state in federal court under a right created by a federal law, is the restraints placed on the federal court's jurisdiction by the eleventh amendment to the United States Constitution. The purpose of this article is to provide assistance through this wonderland of eleventh amendment jurisprudence. This article examines three major eleventh amendment issues, plus-and perhaps more importantly-methods of avoiding eleventh amendment litigation. Section I of the article examines the historical evidence on whether the amendment was intended to apply to cases in which a citizen of a state …

Resurrecting The Fairness Doctrine: The Quandary Of Enforcement Continues, Robert D. Richards

Cleveland State Law Review

Despite its repeal in 1987, the fairness doctrine remains one of the most controversial issues in broadcast regulation today. Since the doctrine's demise, Congress has tried twice unsuccessfully to revive this content-specific regulation which required broadcasters to actively search for controversial issues of importance and present a balance of viewpoints in programming exploring those issues. This article suggests a new standard of reviewing fairness complaints at renewal time which creates a strong presumption in favor of the broadcaster. Part I of the article focuses on the development of the fairness doctrine throughout its short history. In particular, it traces the …

Active Voluntary Euthanasia: The Ultimate Act Of Care For The Dying, Deborah A. Wainey

Cleveland State Law Review

This Note explores whether modern society can embrace the concept of euthanasia as "death without suffering" to the full extent of the term. Section II explores the distortion of the concept of euthanasia from an historical perspective. Section III provides insight into the practice of euthanasia in the Netherlands, the only country in the world which allows people to request and receive aid-in-dying, i.e., active euthanasia. Section IV reviews the American judicial and legislative response to the active euthanasia issue, and analyzes the Death With Dignity Act, a model law which would permit a terminally ill adult to request and …

First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein, Edward E. Ziegler Jr.

Law Faculty Articles and Essays

In the mid-1980s, the focus in this area of the law was on nuisance closures and license revocation actions affecting adult bookstores and other kinds of establishments where either obscenity or illicit sexual activities were taking place. In our last committee report focusing on the first amendment area we reported on those areas of the law in light of the Supreme Court's decision in Arcara v. Cloud Books, Inc. Since then, there has been one important Fifth Circuit decision, FW/PBS Inc. v. City of Dallas, that the Supreme Court has agreed to review, with a decision expected in 1989. There …

Finding Yourself In Law School, Joel J. Finer

Law Faculty Articles and Essays

The author offers suggestions for adjusting to and coping with law school and gives insight into discovering oneself in the process.