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Full-Text Articles in Law
Against Notice And Choice: The Manifest Failure Of The Proceduralist Paradigm To Protect Privacy Online (Or Anywhere Else), John A. Rothchild
Against Notice And Choice: The Manifest Failure Of The Proceduralist Paradigm To Protect Privacy Online (Or Anywhere Else), John A. Rothchild
Cleveland State Law Review
Notice and choice are the foundational principles underlying the regulation of privacy in online transactions and in most other situations in which individuals interact with the government and commercial interests. These principles mean that before collecting personally identifiable information (PII) from an individual, the collector must provide the individual with a disclosure (notice) of what PII it proposes to collect and how it proposes to use that information. That knowledge enables the individual to make a rational decision (choice) about whether to allow that collection of information, generally by declining to enter into the transaction or, in some situations, by …
Neither Reasonable Nor Remedial: The Hopeless Contradictions Of The Legal Ethics Measures To Prevent Perjury , Susan E. Thrower
Neither Reasonable Nor Remedial: The Hopeless Contradictions Of The Legal Ethics Measures To Prevent Perjury , Susan E. Thrower
Cleveland State Law Review
Analyzing the inherent conflict posed by the use of an undefined mandate-“reasonable remedial measures”-leads to analysis of the even deeper, unresolvable conflicts in the primary steps prescribed by commentary: the client's narration of his own story, the lawyer's withdrawal from representation, and the lawyer's disclosure of the client's false evidence. Not all of the reasonable remedial measures protect both the client's confidentiality and the court's insistence on honesty, and none of them protects the lawyer from charges of impropriety. In the face of the utter failure of the Model Rules to accomplish their conflicting goals, the ABA's rules drafters should …
Disclosure Protection: Franchises And Food Court Leases, James R. Cataland
Disclosure Protection: Franchises And Food Court Leases, James R. Cataland
Cleveland State Law Review
The shopping center industry continues to enjoy relative freedom from governmental regulation and operates within the framework of a long term, well established body of favorable commercial landlord/tenant law. Conversely, certain "'unfair and deceptive practices" in the sale of franchises have led to comprehensive consumer protection legislation at both the state and federal level. In 1978, the Federal Trade Commission promulgated a series of uniform disclosure requirements that a franchise or business opportunity seller must make when soliciting a prospective buyer. Often, the prospective buyer of a fast food franchise is an unsophisticated husband and wife, owner/operator, commonly referred to …
A Doctor's Duty To Disclose Life Expectancy Information To Terminally Ill Patients, Denise Ann Dickerson
A Doctor's Duty To Disclose Life Expectancy Information To Terminally Ill Patients, Denise Ann Dickerson
Cleveland State Law Review
It is the purpose of this Note to review and evaluate the benefits to making full disclosure to a terminally ill patient. It is this author's position that a patient's well-being and dignity dictate that the physician be forthright with all information regarding a patient's diagnosis and the range of treatments available, including both active and passive treatments.
Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore
Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore
Cleveland State Law Review
This article analyzes Rule 3.3(a)(3) and its implications for opposing parties in an adversarial legal system. The article's conclusion is that strict compliance with Rule 3.3(a)(3) by all members of the Bar is necessary to preserve the integrity of the legal system. Circumvention of the Rule is a disservice to the legal system. Part II explains Rule 3.3(a)(3) so that lawyers can grasp the ethical duty owed. Part III examines three roles simultaneously played by a lawyer: a representative of clients, an officer of the legal system, and a private citizen having a special responsibility for the quality of justice.7 …
Federal Decisional Law Under The Williams Act, Robert A. Profuse
Federal Decisional Law Under The Williams Act, Robert A. Profuse
Cleveland State Law Review
The legal requirements relating to tender offers have become a subject of great interest to a broad spectrum of corporate America. Given the frequency of litigation in this context, and the fact that the Williams Act itself and the SEC's rules provide clear answers to only the most basic of questions, analysis and understanding of the federal decisional law relating to tender offers - the principal focus of this Article - is of obvious significance. It constitutes an effort to analyze generally the principal issues raised in the many tender offer cases decided since the enactment of the Williams Act …
Reverse Freedom Of Information Act Litigation In A Non-Commercial Setting: The Case Of Professor Doe, Lawrence A. Silver
Reverse Freedom Of Information Act Litigation In A Non-Commercial Setting: The Case Of Professor Doe, Lawrence A. Silver
Cleveland State Law Review
So complex are the questions of what the right of privacy is, and when and how it can be invoked, that special precautions must be taken to prevent an article dealing with it from drifting off into the fascinating but misty realms of metaphysical speculation. This Article will deal with an important issue raised but not answered by the Federal Freedom of Information and Privacy Acts: the rights of a private party who seeks to prevent the federal government from releasing information concerning him.
Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell
Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell
Cleveland State Law Review
At present inconsistent lower federal appellate court decisions governing the use of the attorney-client privilege and work-product doctrine apply to the discovery of communications between counsel and the corporate client. Because of the distinctions that have developed in the application of the corporate attorney-client privilege and work-product doctrine due to the unique factual settings in which the issues have arisen, prior case law may not be totally preempted by the Supreme Court decision in Upjohn. This article will explore some of these divergent opinions to determine the probable effect that the Court's decision in Upjohn will have upon communications between …
Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell
Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell
Cleveland State Law Review
At present inconsistent lower federal appellate court decisions governing the use of the attorney-client privilege and work-product doctrine apply to the discovery of communications between counsel and the corporate client. Because of the distinctions that have developed in the application of the corporate attorney-client privilege and work-product doctrine due to the unique factual settings in which the issues have arisen, prior case law may not be totally preempted by the Supreme Court decision in Upjohn. This article will explore some of these divergent opinions to determine the probable effect that the Court's decision in Upjohn will have upon communications between …
Doctors' Privileged Communications, Public Life, And History's Rights, Jonas B. Robitscher
Doctors' Privileged Communications, Public Life, And History's Rights, Jonas B. Robitscher
Cleveland State Law Review
This article deals with two special problems in the field of confidentiality and privilege, which can be discussed together although they are not entirely related. These problems arise from a physician-patient relationship and are special by virtue of the fact that the patient has made himself a special object of public attention or public concern. The first of these is the problem of the physician who wishes to disclose information about an historical personage. The second problem is the disclosure of information by a physician concerning patients who are infamous rather than famous.
Two Suggested Reforms In Ohio's Discovery Procedure, Frank Seth Hurd
Two Suggested Reforms In Ohio's Discovery Procedure, Frank Seth Hurd
Cleveland State Law Review
Attorney's will agree that an injustice occurs whenever one party prevails in a court of law and another's rights are defeated but for knowledge of the relevant facts. Further, most will agree that some such injustice is inevitable in any judicial system, all such systems being subject to some degree of error. No one can deny the professional responsibility of all attorneys to work actively toward the reduction of such error. As numerous commentators have pointed out, injustice may also result from delay. It is equally the responsibility of the Bar to work toward the alleviation of that source of …
Submission And Receipt Of Ideas: Conflicting Rights, Joseph R. Teagno
Submission And Receipt Of Ideas: Conflicting Rights, Joseph R. Teagno
Cleveland State Law Review
An idea has little or no value in the isolation of the conceiver's mind. Artistic creations and developments and improvements in products, machines, and methods are examples of such ideas. Value may be imparted to such an idea by communicating it to others who value it for its utilitarian or esthetic characteristics. Property rights arise from appreciation of such value by others, following communication.
Disclosure Of Specific Types Of Ideas: Misappropriation, Homer C. Mcrae
Disclosure Of Specific Types Of Ideas: Misappropriation, Homer C. Mcrae
Cleveland State Law Review
Normal procedure in attempting sale of a valuable idea is for the claimant to offer his idea for sale to the recipient who usually will refuse to buy it until disclosure. Then, after disclosure, the recipient may or may not promise to pay for the idea if he uses it. In either case, the recipient may use the idea later, perhaps in a modified form, and refuse to compensate the claimant.