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Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

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The Dope On Marijuana Consumption And Impaired Driving, Samuel D. Hodge, Jr., Lauren Williams

Cleveland State Law Review

Marijuana is the most frequently used psychotropic drug in the United States, following alcohol consumption. Its use is becoming socially acceptable as more and more states legalize recreational consumption. Nevertheless, marijuana is still a drug, and individuals must understand that it has adverse health effects and potential therapeutic benefits.

Marijuana can influence a user’s judgment and impair a person’s driving abilities. A significant problem with its consumption and driving is that there is no statistical link to show what level of marijuana in the blood causes impairment. Roadside tests for the appropriate blood alcohol content to show intoxication are well …

Copyright Statement, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Capital Punishment Of Young Adults In Light Of Evolving Standards Of Science And Decency: Why Ohio Should Raise The Minimum Age For Death Penalty Eligibility To Twenty-Five (25), Talia Stewart

Cleveland State Law Review

Up until the Supreme Court’s 2005 ruling in Roper v. Simmons, juveniles could constitutionally be executed for qualifying criminal offenses. The Roper Court raised the minimum age for execution to eighteen, citing both a national consensus against executing minors, as well as recent research (at the time) showing that juveniles are more vulnerable to negative influences and outside pressures. Since Roper, the Supreme Court has remained silent regarding the requisite minimum age for execution and has left the decision up to individual states. While a slim majority of states have now abolished the death penalty in its entirety, …

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Beyond The Horizons Of The Harvard Forewords, Or Bassok

Cleveland State Law Review

American constitutional thought is controlled by certain paradigms that limit the ability to think beyond them. A careful reading of the Harvard Law Review Forewords—the “tribal campfire” of American constitutional thinkers—is one way to detect these paradigms. Based on reading these Forewords since their inception in 1951 and until 2019, I track how the concept of judicial legitimacy has been understood over the years. My analysis shows that in recent decades an understanding of judicial legitimacy in terms of public support has risen to the status of a controlling paradigm. While this understanding is currently considered commonsensical, it stands in …

Reexamining The Vicarious Criminal Liability Of Corporations For The Willful Crimes Of Their Employees, Evan Tuttle

Cleveland State Law Review

Corporate compliance programs in the United States have evolved substantially in the past several decades, expanding exponentially in both number and scope. Yet, our legal standard of corporate criminal liability for the acts of employees has remained largely unchanged for the past fifty years. United States v. Hilton Hotels established that a corporation can be held liable for the acts of its employee, even though the employee’s conduct may be contrary to their actual instructions or contrary to the employer’s stated policies. That holding, cited with favor by the Supreme Court, was based on a deeply flawed interpretation of precedent, …

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Copyright Statement, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

The Chancellors Are Alright: Nationwide Injunctions And An Abstention Doctrine To Salve What Ails Us, Ezra Ishmael Young

Cleveland State Law Review

This Article endeavors to reclaim the nationwide injunction as a valid exercise of federal equity power within the jurisdictional limits set by Article III. It posits that federal equity is expansive—it extends as far as necessary to provide a remedy where there is no adequate one at law. Historical and doctrinal context and critique are deployed to demonstrate that nationwide injunctions are not constitutionally ultra vires. This Article also posits that despite having expansive equity jurisdiction and powers, federal courts can and should in many cases exercise their constitutional discretion when sitting in equity to abstain in certain nationwide injunction …

Changing Counterspeech, G.S. Hans

Cleveland State Law Review

A cornerstone of First Amendment doctrine is that counterspeech — speech that responds to speech, including disfavored, unpopular, or offensive speech — is preferable to government censorship or speech regulation. The counterspeech doctrine is often invoked to justify overturning or limiting legislation, regulation, or other government action. Counterspeech forms part of the rationale for the "marketplace of ideas" that the First Amendment is arguably designed to promote. Yet critics assert that counterspeech is hardly an effective remedy for the harms caused by "hate speech" and other offensive words that are expressed in American society, given the realities of how speech …

America's Broken Copyright Law: How Marvel And Sony Sparked Public Debate Surrounding The United States' "Broken" Copyright Law And How Congress Can Prevent A Copyright Small Claims Court From Making It Worse, Izaak Horstemeier-Zrnich

Cleveland State Law Review

Following failed discussions between Marvel and Sony regarding the use of Spider-Man in the Marvel Cinematic Universe, comic fans were left curious as to how Spider-Man could remain outside of the public domain after decades of the character’s existence. The comic community came to realize that Marvel was restricted in the use of its own character because of the Sonny Bono Copyright Term Extension Act of 1998 and the Supreme Court’s decision in Eldred v. Ashcroft. This realization sparked an online conversation regarding the United States’ lengthy copyright terms, and what many refer to as a “broken” copyright system. …

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

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Frivolous Defenses, Thomas D. Russell

Cleveland State Law Review

This Article is about civil procedure, torts, insurance, litigation, and professional ethics. The Article is the opening article in a conversation with Stanford Law Professor Nora Freeman Engstrom, who has written about the plaintiffs’ bar and settlement mill attorneys. The empirical center of this piece examines 356 answers to 298 car crash personal injury cases in Colorado’s district courts. The Article situates these cases within dispute pyramid elements, including the total number of miles-traveled within Colorado and the volume of civil litigation. The Article then analyzes the defense attorneys’ departures from the Colorado Rules of Civil Procedure, especially Rule 8. …

The Future Of The Americans With Disabilities Act: Website Accessibility Litigation After Covid-19, Randy Pavlicko

Cleveland State Law Review

The Americans with Disabilities Act (ADA) was enacted in 1990 to eliminate discrimination against individuals with disabilities. Over time, as society has become more reliant on the internet, the issue of whether the ADA’s scope extends beyond physical places to online technology has emerged. A circuit split developed on this issue, and courts have discussed three interpretations of the ADA’s scope: (1) the ADA applies to physical places only; (2) the ADA applies to a website or mobile app that has a sufficient nexus to a physical place; or (3) the ADA broadly applies beyond physical places to online technology. …

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Copyright Statement, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Hard Battles Over Soft Law: The Troubling Implications Of Insurance Industry Attacks On The American Law Institute Restatement Of The Law Of Liability Insurance, Jeffrey W. Stempel

Cleveland State Law Review

ALI Restatements of the Law have traditionally exerted significant influence over court decisions and the development of the common law. During the past two decades, however, the ALI has seen an upsurge in interest group activity designed to shape or even thwart aspects of the Institute’s work. Most recently, the Restatement of the Law of Liability Insurance (RLLI) has been the focus of not only criticism of particular provisions but a concerted effort by members of the insurance industry to demonize the project as a whole and bar use of the document by courts.

The vehemence of insurer opposition seems …

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

"Clerical Mistake In A Judgment" Under Israeli And American Procedural Law – A New Model, Yitshak Cohen

Cleveland State Law Review

This Article examines the development and efficiency of the procedure for correction of a clerical mistake in a judgment in the Israeli law. As is well known, the procedure offers a short and simple way to correct an error in language within a decision. The litigants may file a motion to correct a decision in the same court that granted it, without having to file an appeal in the appellate court. The difficulty, however, is that this procedure contains three fundamental flaws that might even hinder its purpose: First, the law binds the parties and the court to the same …

Re-Imprisonment Without A Jury Trial: Supervised Release And The Problem Of Second-Class Status, Stephen A. Simon

Cleveland State Law Review

The Supreme Court’s 2019 decision in United States v. Haymond shone a light on a practice that has not yet received attention commensurate with its significance: the re-imprisonment of individuals on supervised release without a jury trial. At first blush, the decision is most notable for setting bounds on the government’s ability to re-imprison individuals on supervised release without observing the constitutional rights normally available to defendants in criminal prosecutions. However, examination of the opinions reveals that the decision’s immediate doctrinal impact was quite limited. Moreover, although the three opinions issued in the case reflected disagreements among the Justices, all …

Employer Liability For Sex Harassment Through The Lens Of Restorative Justice, Emily Rees

Cleveland State Law Review

Title VII cases alleging sex harassment have become almost completely deferential to employers who have anti-harassment policies. In this Note, I discuss legal and sociological influences on this development and propose using restorative justice focused mediation to avoid rendering Title VII entirely ineffective. Mediation should only be compelled as a remedy—after a court finds that harassment occurred, but that the plaintiff cannot prove her employer knew about the harassment. Instead of dismissing these cases—where judges have already found illegal discrimination—some corrective action should be imposed on the employer for its failure to maintain a harassment-free workplace. Focusing mediation on principles …

Changing The Rule That Changes Nothing: Protecting Evicted Tenants By Amending Cleveland Housing Court Rule 6.13, James J. Scherer

Cleveland State Law Review

Renting is on the rise, with all households seeing an increase in the prevalence of renting a home versus owning one from 2006 to 2016. As rental rates rise, so too do the rates of eviction. The detrimental effects of eviction are numerous and can be self-reinforcing, with a single eviction decreasing one’s chances of securing decent and affordable housing, escaping disadvantaged neighborhoods, and benefiting from affordable housing programs. All this was before the coronavirus pandemic that devastated jobs and savings accounts across the nation.

One of the biggest impacts that eviction has on renters is a public court record. …

Copyright Statement, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

The Shifting Sands Of Cost Shifting, Andrew M. Pardieck

Cleveland State Law Review

The cost-shifting analysis employed by the federal courts in ruling on discovery disputes is flawed. There is tremendous variability in how courts interpret the factors guiding the analysis. There is tremendous variability in the information courts rely on in deciding whether to preclude the discovery or shift its costs. The result is waste for the litigants, courts, and society as a whole. This Article argues that there is a better way: mandate cooperation before cost shifting. The courts should condition proportionality and cost-shifting rulings on cooperation. The cooperation should be substantive: require disclosure of objective information about the disputed discovery …

Corporations "Pac" A Punch: Corporate Involvement's Influence In Elections And A Proposal For Public Campaign Financing In Ohio, Taylor Hagen

Cleveland State Law Review

In 2010, the United States Supreme Court in a 5-4 decision ruled that limiting corporate spending in elections violates the First Amendment right to free speech. With this decision, the Supreme Court overturned election spending restrictions that dated back more than a century. Before Citizens United v. FEC was decided, the Court had previously held that these restrictions were permissible because there is a governmental interest in preventing election and campaign corruption. Now, corporations may expend unlimited funds for outside election spending, to super PACs, and may even establish their own PACs. Increased corporate involvement in elections has deteriorated American …