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Articles 1 - 30 of 33
Full-Text Articles in Law
Masthead, Cleveland State Law Review
“Jim Crowing” Plyler V. Doe: The Resegregation Of Undocumented Students In American Higher Education Through Discriminatory State Tuition And Fee Legislation, David H.K. Nguyen, Zelideh R. Martinez Hoy
“Jim Crowing” Plyler V. Doe: The Resegregation Of Undocumented Students In American Higher Education Through Discriminatory State Tuition And Fee Legislation, David H.K. Nguyen, Zelideh R. Martinez Hoy
Cleveland State Law Review
This law review article examines the re-segregation of undocumented students in education, more specifically, re-segregation through state laws and policies impacting their attendance at American colleges and universities. Under no fault of their own, undocumented students are marginalized even further after graduating from high school, since they are not afforded the same benefits as their peers to attend college. This article explores the current landscape of these laws and policies after providing background on Plyler v. Doe and state and federal attempts to challenge education for undocumented students.
The Award Of E-Discovery Costs To The Prevailing Party: An Analog Solution In A Digital World, Steven Baicker-Mckee
The Award Of E-Discovery Costs To The Prevailing Party: An Analog Solution In A Digital World, Steven Baicker-Mckee
Cleveland State Law Review
Against this backdrop of the spiraling cost and burden of the discovery process, an issue is percolating through the lower and intermediate courts—the recoverability of e-discovery expenses as a component of the costs awarded to the successful party under Rule 54(d). Two divergent approaches have emerged in the judicial opinions and in the limited scholarship addressing the application of Rule 54(d) to e-discovery costs. The first contingent contends that Rule 54(d) is only intended to reimburse the prevailing party for a small subset of the total costs that the party has incurred. These jurists and scholars reason that Congressional intent …
Rejustifying Retributive Punishment On Utilitarian Grounds In Light Of Neuroscientific Discoveries More Than Philosophical Calisthenics! , Robert B. Mccaleb
Rejustifying Retributive Punishment On Utilitarian Grounds In Light Of Neuroscientific Discoveries More Than Philosophical Calisthenics! , Robert B. Mccaleb
Cleveland State Law Review
Each of these unique features [of the Rotten Social Background (RSB) defense] is skeptically received by the classical criminal law mainly because of its fundamentally non-scientific, folk-psychological position on free will. However, discoveries in contemporary neuroscience strongly support each of these features. While chemical, causal, and deterministic brain events indisputably play a central role, RSB is virtually ignored as a frightening intrusion by materialism into the dualist sanctuary of the law. Yet RSB, as an indicator species for the health of the criminal law’s philosophic ecosystem, cannot be discounted out of hand any longer. In fact, the reconciliation of law …
Clients Want Results, Lawyers Need Emotional Intelligence, Christine C. Kelton
Clients Want Results, Lawyers Need Emotional Intelligence, Christine C. Kelton
Cleveland State Law Review
Thinking requires emotions and emotions enhance thinking. This Article suggests that the emotionally intelligent lawyer is more likely to serve the needs of clients and the legal community than the lawyer who has less understanding of, and control over, emotions. Part II introduces two “emotionally unintelligent” lawyers, Amanda and Rick, and considers how their emotional “unintelligence” affects their new client, psychologist, Dr. Ray Randolph. Part III provides some background on the relevant research on emotional intelligence, including the history of intelligence, from general intelligence, to social intelligence, to multiple intelligences, and to emotional intelligence. Part IV defines and explores the …
Cover, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Rituals Upon Celluloid: The Need For Crime And Punishment In Contemporary Film, J C. Oleson
Rituals Upon Celluloid: The Need For Crime And Punishment In Contemporary Film, J C. Oleson
Cleveland State Law Review
Most members of the public lack first-hand experience with the criminal justice system; nevertheless, they believe that they possess phenomenological knowledge about it. In large part, the public’s understandings of crime and punishment are derived from television and film, which provide modern audiences with a vision of institutions that are normally occluded from view. While public rituals of punishment used to take place on the scaffold, equivalent moral narratives about crime and punishment now occur on film because modern punishment is imposed outside of the public gaze. Yet because crime films distort what they depict, the public’s view of crime …
Loosening The Rust Belt: Why Ohio Should Re-Examine Its Current Standard For Determining The Enforceability Of Covenants Not To Compete Contained In Employment Agreements, Brian D. Mielcusny
Loosening The Rust Belt: Why Ohio Should Re-Examine Its Current Standard For Determining The Enforceability Of Covenants Not To Compete Contained In Employment Agreements, Brian D. Mielcusny
Cleveland State Law Review
While the field of non-compete litigation is muddled and unpredictable in Ohio, the state would go a long way in at least considering a shift in thinking. By considering the arguments and alternatives presented above, Ohio could rework its CNC standard in a way that would maximize the potential for employee mobility and economic growth. The shifts taking place in Ohio’s economic climate and the onset of growth in emerging industries such as technology, healthcare, and energy show that Ohio might be on the cusp of unparalleled economic development. The need to continue growth in these sectors and keep pace …
Ohio's Home-Rule Amendment: Why Ohio's General Assembly Creating Regional Governments Would Combat The Regional Race To The Bottom Under Current Home-Rule Principles, Jonathon Angarola
Ohio's Home-Rule Amendment: Why Ohio's General Assembly Creating Regional Governments Would Combat The Regional Race To The Bottom Under Current Home-Rule Principles, Jonathon Angarola
Cleveland State Law Review
This Note argues that Ohio’s home-rule principles foster a regional “race to the bottom and proposes that the Ohio General Assembly pass legislation creating regional governments to combat the absence of coordination among regional localities".
Table Of Contents, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Pre-Dispute Arbitration Agreements, Freedom Of Contract, And The Economic Duress Defense: A Critique Of Three Commentaries, Steven W. Feldman
Pre-Dispute Arbitration Agreements, Freedom Of Contract, And The Economic Duress Defense: A Critique Of Three Commentaries, Steven W. Feldman
Cleveland State Law Review
Arbitration under the Federal Arbitration Act (FAA) is the most important topic in current contract law and commentary. The Supreme Court has issued eight merits decisions construing the FAA since 2011, the lower state and federal courts issued more than 1,000 decisions considering the FAA in 2014, and there were 81 fulllength articles, notes, and comments on arbitration in the same year. Recently, three commentators, Professor Margaret Jane Radin of the University of Michigan Law School, Professor Nancy S. Kim of the California Western School of Law, and former Lecturer in Law James P. Dawson of the Yale Law School, …
The Threat Lives On: How To Exclude Expectant Mothers From Prosecution For Mere Exposure Of Hiv To Their Fetuses And Infants, Shahabudeen K. Khan
The Threat Lives On: How To Exclude Expectant Mothers From Prosecution For Mere Exposure Of Hiv To Their Fetuses And Infants, Shahabudeen K. Khan
Cleveland State Law Review
There is a renewed interest in HIV/AIDS issues given that better treatment is available. The Department of Justice (DOJ), Civil Rights Division, recently published best practice guidelines to reform HIV-specific criminal laws to conform to modern science. The DOJ’s latest guidelines urge states to “reform and modernize” the laws to reflect modern science. There is a lot of unfinished work regarding the ineffectiveness and stigma associated with HIV criminal transmission laws as a whole. These laws are “no good” and counterintuitive in the fight against this unfortunate disease. There have been calls to repeal these laws in their entirety. That …
Hands-Tied Hiring: How The Eeoc’S Individualized Assessment Is Taking Discretion Away From Employers’ Use Of Criminal Background Checks, Carrie Valdez
Hands-Tied Hiring: How The Eeoc’S Individualized Assessment Is Taking Discretion Away From Employers’ Use Of Criminal Background Checks, Carrie Valdez
Cleveland State Law Review
This article argues that the 2012 EEOC Guidance should not be given deference by the courts. Specifically, the Guidance’s individualized assessment, which imposes a heightened requirement on employers to justify their background check policies, is problematic in three important ways. First, the individualized assessment places an impractical burden by what it requires and whom it requires to conduct such an assessment. Second, employer liability for negligent hiring may actually increase if employers perform individualized assessments. Finally, the practical effect of the individualized assessment may be decreased employer reliance on criminal background checks, and the result will likely not be a …
Colluding Under The Radar: Achieving Collusion Through Vertical Exchange Of Information, Julia Shamir, Noam Shamir Recanati Graduate School Of Business, Tel Aviv University
Colluding Under The Radar: Achieving Collusion Through Vertical Exchange Of Information, Julia Shamir, Noam Shamir Recanati Graduate School Of Business, Tel Aviv University
Cleveland State Law Review
In the absence of antitrust regulations, rational profit-maximizing firms in an oligopoly may freely act in consort to reach a consensus and to maintain prices above the competitive level. However, in light of potential exposure to antitrust investigations and prospective heavy sanctions, firms attempt to achieve collusive outcomes without resorting to explicit agreements. One mechanism that may promote such tacit collusion is information-sharing; that is, the otherwise competing firms exchange their private information in order to set and maintain supra-competitive prices. Thus far, the attention of the antitrust authorities and scholars has focused on the phenomenon of horizontal information-sharing, i.e., …
Alito's Voice: Koontz And The End Of Justice Steven's Private Private Property Regulation Policy, Colin W. Maguire
Alito's Voice: Koontz And The End Of Justice Steven's Private Private Property Regulation Policy, Colin W. Maguire
Cleveland State Law Review
This article talks about the substantial distinction between a physical government invasion and a coercive request for funds, if the government action fails under Nollan and Dolan. Clearly, there is a newly recognized risk to water resource regulators who try to stop development in areas which are considered wetlands.
The Chapter 13 Debtor's Absolute Right To Dismiss, Daniel J. Sheffner
The Chapter 13 Debtor's Absolute Right To Dismiss, Daniel J. Sheffner
Cleveland State Law Review
This Article discusses the current state of the Chapter 13 dismissal circuit split, providing an overview of 1307(b) and other relevant sections of the Bankruptcy Code, illustrative pre Marrama case law on either side of the divide, and the Marrama decision itself. This Part examines Marrama’s role in shifting the debate from one based primarily on 1307’s text to that of the bankruptcy courts’ general powers to sanction bad faith conduct, as well as lower courts’ responses to that decision. Part III examines Law, paying special attention to the Court’s discussion of the limitations placed on bankruptcy courts’ statutory and …
The Ruling On A Motion In Limine: Preserving The Issue For Appeal, Michael L. Stokes
The Ruling On A Motion In Limine: Preserving The Issue For Appeal, Michael L. Stokes
Cleveland State Law Review
Although the distinction between motions in limine based in fact and those rooted in law is widely recognized in Ohio, courts generally use a “one size fits all” approach when it comes to preserving the issues for appeal. Under that approach, an attorney must challenge the pretrial ruling at trial to ensure that the issue will be preserved for appeal. This Article argues that Ohio should modify its practices to conform to the federal method and follow in the footsteps of its neighbors by specifying that a definitive pretrial ruling on a motion in limine will preserve the issue for …
The National Imperative For Health Care System Transformation: Why Certain Mergers And Acquistions Are Appropriate Despite Section 7 Of The Clayton Act, Nathan D. Sargent
The National Imperative For Health Care System Transformation: Why Certain Mergers And Acquistions Are Appropriate Despite Section 7 Of The Clayton Act, Nathan D. Sargent
Cleveland State Law Review
Integration among health care providers offers a promising solution to the health care crisis. Unfortunately, some efforts to improve the American health care system through integration have been halted by antitrust concerns and the enforcement of section 7 of the Clayton Act. Health care costs could be contained and clinical quality improved by allowing a narrow statutory exemption to enforcement of section 7 for health care integrations that demonstrate cost efficiency and advance patient care. Under such limited circumstances, relaxed antitrust regulation is an appropriate response to health care’s current financial crisis that will ultimately benefit America’s consumers and economy …
Masthead, Cleveland State Law Review
"The Millennials Are Coming!" : Improving Self-Efficacy In Law Students Through Universal Design In Learning, Jason S. Palmer
"The Millennials Are Coming!" : Improving Self-Efficacy In Law Students Through Universal Design In Learning, Jason S. Palmer
Cleveland State Law Review
The Millennial generation has arrived in law school. This new generation of self-confident and extremely high achieving learners merits a new interdisciplinary approach to legal education. Some institutions have explored formative assessments and regulated self-learning to improve academic success. Other universities have looked to universal design, specifically universal design in learning or universal design in instruction, as a mechanism for furthering educational goals for their students. All agree that a lack of self-efficacy can prevent Millennial students from overcoming challenges in their educational growth, and that high self efficacy, the ability to put forth effort and persistence to successfully accomplish …
Can Universal Pre-K Overcome Extreme Race And Income Segregation To Reach New York’S Neediest Children? The Importance Of Legal Infrastructure And The Limits Of The Law , Natalie Gomez-Velez
Can Universal Pre-K Overcome Extreme Race And Income Segregation To Reach New York’S Neediest Children? The Importance Of Legal Infrastructure And The Limits Of The Law , Natalie Gomez-Velez
Cleveland State Law Review
This article will examine New York City and State’s current universal pre-kindergarten efforts as related to social goals of serving low-income children in segregated schools to address inequality and close opportunity gaps. It also will examine the educational goals of enhancing cognitive gains and improving school readiness for all children. Part I considers pre-kindergarten in a climate of extreme segregation by race and class and in the context of current technocratic education reforms operating against a backdrop of diminished legal remedies for the harms of race and class segregation and inequality. Part II examines pre-kindergarten, with a focus on New …
Turnaround In Reverse: Brown, School Improvement Grants, And The Legacy Of Educational Opportunity, Natasha M. Wilson, Robert N. Strassfeld
Turnaround In Reverse: Brown, School Improvement Grants, And The Legacy Of Educational Opportunity, Natasha M. Wilson, Robert N. Strassfeld
Cleveland State Law Review
As we reflect upon the sixtieth anniversary of Brown v. Board of Education, it is critical to not only assess policies advanced during the Obama administration that are aimed at reducing the continuing disparity for minority and economically disadvantaged students, but to also reflect upon what Secretary Duncan called the paradox of educational progress that continues to persist. Part II explores the effort to realize Brown’s promise of integration and equal educational opportunity. It describes a slow but significant history of gains, which has since been thwarted as Brown has been rendered doctrinally impotent. It then considers the relationship …
Book Review: Analyzing The Effectiveness Of The Tallinn Manual’S Jus Ad Bellum Doctrine On Cyberconflict,: A Nato-Centric Approach, Terence Check
Book Review: Analyzing The Effectiveness Of The Tallinn Manual’S Jus Ad Bellum Doctrine On Cyberconflict,: A Nato-Centric Approach, Terence Check
Cleveland State Law Review
Review of: Tallinn Manual on the International Law Applicable to Cyber Warfare, Michael Schmitt, ed., New York: Cambridge University Press, 2013.
Creac In The Real World, Diane B. Kraft
Creac In The Real World, Diane B. Kraft
Cleveland State Law Review
This article will examine the extent to which common legal writing paradigms such as CREAC are used by attorneys in the “real world” of practice when writing on the kinds of issues law students may encounter in the first-year legal writing classroom. To that end, it will focus on the analysis of two factor-based criminal law issues: whether a defendant was in custody and whether a defendant had a reasonable expectation of privacy. In focusing on “first-year” issues, the article seeks not to examine whether organizational paradigms are used at all in legal analysis, but to discover whether and how …
Can Dead Soldiers Revive A "Dead" Doctrine? An Argument For The Revitalization Of "Fighting Words" To Protect Grieving Families Post-Snyder V. Phelps, Kevin P. Donoughe
Can Dead Soldiers Revive A "Dead" Doctrine? An Argument For The Revitalization Of "Fighting Words" To Protect Grieving Families Post-Snyder V. Phelps, Kevin P. Donoughe
Cleveland State Law Review
This Note avers that speech of the Westboro Baptist Church, in the context of funeral pickets, can be construed as targeted personal attacks on grieving families which have the potential to incite—and indeed have incited—immediate breaches of the peace and violent rebuttals. In light of Snyder, and the inadequacy of time, place, and manner statutes as a protection for grieving families, this Note argues for the revitalization of the “fighting words” doctrine to encompass targeted, ad hominem attacks from organizations like the Westboro Baptist Church, thereby leaving this speech unprotected by the First Amendment and exposing the speakers to tort …
Courts Caught In The Web: Fixing A Failed System With Factors Designed For Sentencing Child Pornography Offenders, Brendan J. Sheehan
Courts Caught In The Web: Fixing A Failed System With Factors Designed For Sentencing Child Pornography Offenders, Brendan J. Sheehan
Cleveland State Law Review
This Article introduces a Study, compiling data of 238 internet crimes against children occurring between 2008-2012, and concludes there is no correlation between presentence risk assessment scores and the subsequent sentences imposed by Northeast Ohio judges. The current risk assessment tools are insufficient and should be replaced by a comprehensive multi-factor approach that assesses relevant factors and identifies an offender’s placement on the “Spiral of Abuse” to aid Northeast Ohio judges in crafting fair, just, and consistent sentences for CPOs.
Copyright Statement, Cleveland State Law Review
Copyright Statement, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Torpedoing A Transaction: Economic Substance Versus Other Tax Doctrines And The Application Of The Strict Liability Penalty, Thomas C. Vanik Jr.
Torpedoing A Transaction: Economic Substance Versus Other Tax Doctrines And The Application Of The Strict Liability Penalty, Thomas C. Vanik Jr.
Cleveland State Law Review
Transactions designed to intentionally reduce one’s taxes often attract suspicion and become the subject of judicial review. To evaluate suspicious transactions, courts have developed special common-law doctrines that impose additional requirements beyond those in the Internal Revenue Code. These doctrines could be considered standard methods of fact finding or legal interpretation, yet they have taken on their own identity within court analyses with varying interpretations and applications. An examination of cases demonstrates significant overlap in the doctrines and exemplifies how the application of the doctrines adds confusion and uncertainty to tax law. Compounding on this uncertainty is the codification of …
School Segregation In Jefferson County And Seattle: The Impact Of The Parents Involved Ruling And District Actions, William J. Glenn
School Segregation In Jefferson County And Seattle: The Impact Of The Parents Involved Ruling And District Actions, William J. Glenn
Cleveland State Law Review
This paper focuses on the two districts directly involved in the Parents Involved in Community Schools v. Seattle School District No. 1 (PICS) (2007) case with regard to how their desegregation plans and levels of segregation changed over time. The study emphasizes how segregation levels changed in response to changes in the plans and, in particular, to the Supreme Court ruling in PICS. The results differed greatly between the two districts. The voluntary desegregation plan in Jefferson County, Kentucky, proved far more effective than its Seattle counterpart in terms of maintaining a relatively low level of segregation prior to the …