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Articles 1 - 30 of 58
Full-Text Articles in Law
Waiting With Brother Thomas, Chris Sagers
Waiting With Brother Thomas, Chris Sagers
Law Faculty Articles and Essays
In this Essay, Christopher Sagers argues that those schools of thought that could be called "doubtful"—that is, those predicated on suspicion of belief to some degree—share a range of similarities and, more importantly, are attacked through a set of common criticisms. He argues that the fundamental criticism of these "doubtful" schools of thought—that doubt leads us to nihilism and therefore must be bad—is a non sequitur. Furthermore, he continues, we reject doubt not because it is bad, but because it is difficult. Ultimately, he suggests ways to face the problems of nihilism or, rather, ways of understanding them as other …
Deterrence, Brutalization, And The Death Penalty: Another Examination Of Oklahoma's Return To Capital Punishment, William C. Bailey
Deterrence, Brutalization, And The Death Penalty: Another Examination Of Oklahoma's Return To Capital Punishment, William C. Bailey
Sociology & Criminology Faculty Publications
A replication and extension of a weekly ARIMA analysis (1989–1991) by Cochran et al. (1994), which appeared in Criminology, confirms that Oklahoma's return to capital punishment in 1990, after a 25-year moratorium, was followed by a significant increase in killings involving strangers. Moreover, a multivariate autoregressive analysis, which includes measures of the frequency of executions, the level of print media attention devoted to executions, and selected sociodemographic variables, produced results consistent with the brutalization hypothesis for total homicides, as well as a variety of different types of killing involving both strangers and nonstrangers. No prior study has shown such strong …
1998 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library
1998 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
Self-Reflection Within The Academy: The Absence Of Women In Constitutional Jurisprudence, Karin M. Mika
Self-Reflection Within The Academy: The Absence Of Women In Constitutional Jurisprudence, Karin M. Mika
Law Faculty Articles and Essays
This article will suggest that legal education has failed to represent the significant contributions of women in our American legal heritage within its curriculum. It urges that an acknowledgment of the feminine contribution must now be included within the curriculum of law schools in such a way that the contribution is incorporated within traditional substantive courses rather than select courses dealing with primarily "women's issues." Focusing on the Nineteenth and early Twentieth centuries, this article highlights the achievements and legal battles of women which were integral to the overall development of legal theory in our country. It discusses some of …
Welcome To Mongolia: From Genghis To Gingrich, David R. Barnhizer
Welcome To Mongolia: From Genghis To Gingrich, David R. Barnhizer
Law Faculty Articles and Essays
My environmental work has increasingly assumed an international dimension, an odd twist in a career that began with civil rights and poverty law, moved into teaching, and now is expanding into international trade and both international and domestic environmental law. The world of international environment and development lead inevitably to travel. My work in the past year has meant Honduras, Portugal, Spain, Ecuador, and Colombia--with Russia and perhaps China, Malaysia, and Thailand looming on the horizon. But last August when I arrived in Ulaanbaatar, the capital of Mongolia, and stood beside the statue of national hero and Marxist liberator Choibalsan, …
Information V. Commercialization: The Internet And Unsolicited Electronic Mail, Karin M. Mika
Information V. Commercialization: The Internet And Unsolicited Electronic Mail, Karin M. Mika
Law Faculty Articles and Essays
In November of 1996, the District Court of Eastern Pennsylvania allowed America Online to prohibit a business from using the Internet for sending bulk, unsolicited electronic mail. The decision highlighted some intriguing issues related to how the Internet interacts with the current legal framework and how legal standards that have adequately encompassed most business uses for emerging technologies are not a perfect fit for issues related to the Internet. This article will focus on the current struggle to fit the Internet into some type of existing legal framework, especially with respect to Internet business uses. It will focus primarily on …
Legislative History In Ohio: Myths And Realities, Maureen Bonace Mcmahon
Legislative History In Ohio: Myths And Realities, Maureen Bonace Mcmahon
Cleveland State Law Review
In this article I will explore what seems to be a prevailing formal view about Ohio legislative history, and the contradictory signals expressed by the Ohio Revised Code and the courts, particularly the Ohio Supreme Court. In Part Two, I consider the prevailing assumptions about legislative history in Ohio. In Part Three, I examine the reality of judicial use of legislative history in Ohio; Part Four describes the Ohio Legislative Service Commission and its non-partisan legislative staff. Part Five compares federal and Ohio legislative history, and argues that Ohio's legislative process and history are rooted in its political culture. In …
The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger
The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger
Cleveland State Law Review
Only a few legal scholars have attempted to work out what jurisprudence might look like if lawmakers and judges took their religious world-views seriously-and explicitly-in their work, in a way respectful of "the fact of pluralism." My task is to imagine the concrete case: what a judge's jurisprudence might look like if a judge considered the wisdom of his own religious tradition in constitutional cases. This article explores broad jurisprudential themes and specific First Amendment and social welfare opinions of Justice William Rehnquist, who for some years has been a member of a Lutheran congregation, my own denomination. While Justice …
Origins And Scope Of The American Moral Obligation Principle , Kevin M. Teeven
Origins And Scope Of The American Moral Obligation Principle , Kevin M. Teeven
Cleveland State Law Review
The existence of the moral obligation principle in American case law has been recognized in the Restatement (Second) of Contracts section 86 (1): "A promise made in recognition of a benefit previously received by the promisor from the promisee is binding to the extent necessary to prevent injustice." Among common law countries, American jurisdictions are unique in recognizing this ameliorating doctrine. An analysis of the development and scope of this doctrine is buried in the centuries of case law surrounding the tension between the past consideration rule and the moral obligation principle. The intent of this study is to glean …
The Role Of New Federalism And Public Health Law, James G. Hodge Jr.
The Role Of New Federalism And Public Health Law, James G. Hodge Jr.
Journal of Law and Health
To understand the impact of new federalism on the field of public health law, I explore the development of the interrelated concepts of federalism, state police powers, and public health over time. This article concentrates on the theoretical and legal meanings of these concepts in American jurisprudence. Part II further defines the concept of federalism and its relation to the field of public health law. Part III thoroughly examines the traditional nature of the states' police powers as sources of state authority for public health laws and the corresponding localization of public health goals. The rise of the federal role …
Threshold Barriers To Title 1 And Title Iii Of The Americans With Disabilities Act: Discrimination Against Mental Illness In Long-Term Disability Benefits, Nancy Lee Firak
Journal of Law and Health
Any discussion of the ADA presents an organizational challenge not only because of the complex structure of the Act itself, but also because the ADA implicates other complex federal remedial schemes such as the Employee Retirement Income Security Act (ERISA) and the Rehabilitation Act. The social policy implications of the issues under discussion in this article are complex and at times even contradictory, as is perhaps unavoidable. Part II outlines a typical case in which the employer provided inferior long-term disability benefits to those with mental disabilities. The purpose of Part II is to provide the reader with a map …
How Reliable Is Medical Malpractice Law? A Review Of "Medical Malpractice And The American Jury: Confronting The Myths About Jury Incompetence, Deep Pockets, And Outrageous Damage Awards" By Neil Vidmar, Jeffrey O'Connell, Christopher Pohl
How Reliable Is Medical Malpractice Law? A Review Of "Medical Malpractice And The American Jury: Confronting The Myths About Jury Incompetence, Deep Pockets, And Outrageous Damage Awards" By Neil Vidmar, Jeffrey O'Connell, Christopher Pohl
Journal of Law and Health
No abstract provided.
Pitfalls In Diagnosis Of Occupational Lung Disease For Purposes Of Compensation - One Physician's Perspective , Lawrence Martin
Pitfalls In Diagnosis Of Occupational Lung Disease For Purposes Of Compensation - One Physician's Perspective , Lawrence Martin
Journal of Law and Health
Ideally, the fact that diagnosis of OLD involves the legal profession should not affect a physician's objectivity or clinical approach. Physicians have an obligation to help assure that deserving patients receive compensation, and that claimants without a compensable occupational illness are not unjustly rewarded. However, the attorney's need to prove a diagnosis "with medical certainty," and the defendant's needs to refute that diagnosis with equal certainty, often skew what would otherwise be a straightforward diagnostic process. Resulting pitfalls in diagnosis can, in the end, trap the physician advocate and the side he is trying to help.
Feminism And Defending Men On Death Row, Phyllis L. Crocker
Feminism And Defending Men On Death Row, Phyllis L. Crocker
Law Faculty Articles and Essays
In this Essay I explore the relationship between being a feminist and representing men on death row. It is appropriate to engage in this inquiry in considering how the law has developed in the twenty-five years since Furman v. Georgia. During that time both Furman and the advent of feminist legal theory have required a restructuring in the way we think about two fundamental legal questions: for death penalty jurisprudence, how and why we sentence an individual to death; and for feminist jurisprudence, how the law views crimes of violence against women. The relationship between these two developments becomes apparent …
Rape By Fraud And Rape By Coercion, Patricia J. Falk
Rape By Fraud And Rape By Coercion, Patricia J. Falk
Law Faculty Articles and Essays
For more than a century, courts, legislatures, and legal commentators have struggled with the controversial and highly charged question of whether accomplishing sexual intercourse by means of fraud or coercion is blameworthy and appropriately condemnable as rape. In 1986 Professor Susan Estrich suggested that rape law should "prohibit fraud to secure sex to the same extent we prohibit fraud to secure money, and prohibit extortion to secure sex to the same extent we prohibit extortion to secure money." (Susan Estrich, Rape, 95 Yale L. J. 1087, 1120 (1986)). Such suggestion spawned the latest cycle of discussion about this age-old conundrum …
State Discretion Under New Federal Welfare Legislation: Illusion, Reality, And A Federalism-Based Constitutional Challenge, S. Candice Hoke
State Discretion Under New Federal Welfare Legislation: Illusion, Reality, And A Federalism-Based Constitutional Challenge, S. Candice Hoke
Law Faculty Articles and Essays
This article challenges the common characterization of the 1996 welfare reforms. States do not have the ability to do “almost anything they want.” Most notably, states with more compassionate political leadership who wish to counter the national trend may seek areas of flexibility in vain. The Act's mandates and penalties will force all states into particular policies that they may not have chosen had Edelman been correct about the range of their discretionary powers.Edelman's critique typifies the standard assessment of the Act. According to the prevailing view, the Act's policies are objectionable because the federal government has capped the money …
Cyberdoctors: The Virtual Housecall--The Actual Practice Of Medicine On The Internet Is Here; Is It A Telemedical Accident Waiting To Happen?, Barbara Tyler
Law Faculty Articles and Essays
This Article explores some of the historical background and uses of the computer in the education and support of patients as well as some current World-Wide Web sites available to educate consumers and physicians. While professionals in the field of health are concerned about the sudden proliferation of over 10,000 Internet web sites devoted to health and medical information, the existence of these sites points out that people are intrigued by medical information. The very strength of the Internet lies in the ability of users to freely express their views on any topic, including health care. Also, this Article focuses …
Holt V. Grange Mut. Cas. Co. Children Not "Insureds" Under Policy Are Entitled To Death, Barbara Tyler, Thomas S. Tyler
Holt V. Grange Mut. Cas. Co. Children Not "Insureds" Under Policy Are Entitled To Death, Barbara Tyler, Thomas S. Tyler
Law Faculty Articles and Essays
The recent Ohio Supreme Court decision of Holt v. Grange Mutual Casualty Co., is a consumer friendly decision and represents both an equitable and sound interpretation and application of Ohio law to consumer insurance contracts.The decision in Holt favors insurance consumers but has alarmed the insurance industry. The industry perceives the decision as bringing into question what language of an insurance policy will be upheld under the freedom of contract and what will be stricken as against public policy. First, the industry would argue that Holt seems to denigrate and abrogate the rights of an uninsurance/underinsurance provider to craft its …
The Myth Of The Matching Principle As A Tax Value, Deborah A. Geier
The Myth Of The Matching Principle As A Tax Value, Deborah A. Geier
Law Faculty Articles and Essays
This 1998 article explores why the "matching principle" in financial accounting should be considered irrelevant to federal income taxation, where its application can result effectively in consumption taxation (as opposed to income taxation).
Spiritual Equality, The Black Codes, And The Americanization Of The Freedmen, David F. Forte
Spiritual Equality, The Black Codes, And The Americanization Of The Freedmen, David F. Forte
Law Faculty Articles and Essays
The notion of spiritual equality grew from the abolitionist movement - the precursor for the political ideology of the radical Republicans. The radical Republicans did not think one could achieve the acceptance of spiritual equality through forced material equality. [I]t was a religious revival that brought our country to confront the reality of slavery. It was a theological doctrine from which we derived our notion of equality in the Reconstruction Amendments. And in that era, the free-thinkers - the secularists of the age - were temporizers on the issue. They were simply of no use in the raising to liberty …
Methods For Teaching Environmental Law: Some Thoughts On Providing Access To The Environmental Law System, Heidi Gorovitz Robertson
Methods For Teaching Environmental Law: Some Thoughts On Providing Access To The Environmental Law System, Heidi Gorovitz Robertson
Law Faculty Articles and Essays
This article surveys methods that could improve the effectiveness of environmental legal education. I propose that approaches to teaching environmental law be viewed in two ways; first, as a substantive course in which students gain access to a complex system of law, and second, as a substantive base for teaching students skills of legal process. Within both possibilities, I focus on the value of teaching students to understand the environmental law system. Instructors can introduce students to the environmental law system by looking at a few of the major environmental statutes in relative depth, or as they apply to specific …
State Securities Litigation May No Longer Be A Class Act: Federal Preemption Looms On The Horizon, Susan J. Becker
State Securities Litigation May No Longer Be A Class Act: Federal Preemption Looms On The Horizon, Susan J. Becker
Law Faculty Articles and Essays
State courhouse doors may soon be closed to class actions by shareholders of nationally traded stocks seeking redress for alleged misstatements and omissions in the issuer's financial forecasts.
Supreme Court Revises Amicus Rules, Susan J. Becker
Supreme Court Revises Amicus Rules, Susan J. Becker
Law Faculty Articles and Essays
Last year the U.S. Supreme Court and the Seventh Circuit both reacted against the growing use of "friend of the court" briefs to advocate litigants' positions rather than to assist the court. Now several federal and state appellate courts are reviewing their rules on amicus submissions because of their own experiences and the Supreme Court and Seventh Circuit actions.
Will New Legislation Preempt State Court Class Actions?, Susan J. Becker
Will New Legislation Preempt State Court Class Actions?, Susan J. Becker
Law Faculty Articles and Essays
Proponents of 1995's federal securities litigation reform are proposing new legislation to prevent plaintiffs from using state court class actions to circumvent the restrictive federal rules. This article reviews these legislative proposals.
Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker
Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker
Law Faculty Articles and Essays
Former employees can maintain claims under the Age Discrimination in Employment Act (ADEA) without first repaying the consideration received for an invalid release of claims. The Supreme Court's pronouncement, Oubre v. Entergy Operations, Inc., 1988 U.S. Lexis 646 (Jan. 26, 1998), may change the way many employers negotiate and execute severance packages and settlements with terminated employees.
Courts' Evolving Roles In Daubert Decisions, Susan J. Becker
Courts' Evolving Roles In Daubert Decisions, Susan J. Becker
Law Faculty Articles and Essays
In Daubert, the Supreme Court interpreted Federal Rule of Evidence 702 to permit an arguably more-relaxed standard for the admission of expert scientific evidence than previously allowed under the popular Frye test.
Year 2000 Hurdles And Controversies, Michael D. Schindler
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 …
The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim
The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim
Cleveland State Law Review
This article traces the history of the Cleveland Indians and Chief Wahoo. It then suggests and assesses two methods by which the Chief Wahoo emblem may be legally challenged. The first method is to assert that Chief Wahoo, as used in Jacob's Field, is state sponsored discrimination. As such it could be challenged as a violation of equal protection or as racist speech. Alternatively, in addition to proving that the teams' actions should be deemed state actions, a new theory asserting that discriminatory state speech is a violation of the First Amendment could be advanced. Another method by which the …
Lisa Herdahl And Religious Liberty , Nadine Strossen
Lisa Herdahl And Religious Liberty , Nadine Strossen
Cleveland State Law Review
Introduction of the ACLU’s Roger Baldwin Medal of Liberty Award honoree, detailing her specific struggle and outlining the larger national picture her case reflected.
The Admissibility Of Medical Testimony In Ohio: Daubert, Joiner And Ohio's Relevance-Reliability Standard, Gerald J. Todaro
The Admissibility Of Medical Testimony In Ohio: Daubert, Joiner And Ohio's Relevance-Reliability Standard, Gerald J. Todaro
Cleveland State Law Review
This article specifically examines the reliability standard imposed under Rule 702 of the Ohio Rules of Evidence and its application to medical expert testimony in Ohio. Section II reviews Daubert, its progeny, and Ohio law. This analysis reveals tension between Ohio's flexible relevance/reliability standard and the more exacting demands of Daubert. Section III examines the scientific basis of clinical diagnosis and treatment of illness and disease. This section argues that judges should take judicial notice of the conventional methodology underlying the clinical practice of medicine, and thus the preliminary question of reliability of medical expert testimony should rarely require a …