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Full-Text Articles in Law

Brief Of Amici Curiae 65 Professors Of Law, Business, Economics, And Sports Management In Support Of Respondents, Chris Sagers, Michael A. Carrier, Lisa M. Geary Mar 2021

Brief Of Amici Curiae 65 Professors Of Law, Business, Economics, And Sports Management In Support Of Respondents, Chris Sagers, Michael A. Carrier, Lisa M. Geary

Law Faculty Briefs and Court Documents

The Alston plaintiffs are college athletes who successfully challenged the NCAA's "amateurism" rules, convincing the lower courts that the rules should be modestly relaxed to limit their effect on competition for athletic talent. Nearly 60 professors of law, business, and economics from around the country joined the brief.


Complaint, Milena Sterio, Diane Marie Amann, Margaret Deguzman, Gabor Rona Oct 2020

Complaint, Milena Sterio, Diane Marie Amann, Margaret Deguzman, Gabor Rona

Law Faculty Briefs and Court Documents

On June 11, 2020, President Donald J. Trump issued Executive Order 13,928, Blocking Property of Certain Persons Associated With the International Criminal Court, threatening severe sanctions, monetary penalties, and imprisonment on persons who assist the International Criminal Court (ICC). The Executive Order exceeds its legal authority, impermissibly prohibits speech, and fails to provide notice as to who it covers and what for what activities.

Those impacted by the Executive Order include U.S. persons, including U.S. entities, as well as foreign persons and foreign entities. The Open Society Justice Initiative and four law professors, all of whom have ...


Striving For The Mountaintop: The Elimination Of Health Disparities In A Time Of Retrenchment (1968-2018), Gwendolyn R. Majette Oct 2020

Striving For The Mountaintop: The Elimination Of Health Disparities In A Time Of Retrenchment (1968-2018), Gwendolyn R. Majette

Law Faculty Articles and Essays

Health disparities in the United States are real. People of color are the adverse beneficiaries of these facts-lower life expectancy, higher rates of morbidity and mortality, and poorer health outcomes in general. This Article analyzes the laws and policies that improve and create barriers to improving people of color's health since the death of Reverend Martin Luther King, Jr. in 1968. The Article builds upon my earlier scholarship and considers the effectiveness of the "PPACA Framework to Eliminate Health Disparities" since the Patient Protection and Affordable Care Act (PPACA) was enacted in 2010.

The Article also explores the impact ...


Equitable Defenses In Patent Law, Christa J. Laser Oct 2020

Equitable Defenses In Patent Law, Christa J. Laser

Law Faculty Articles and Essays

In patent law, “unenforceability” can have immense consequences. At least five equitable doctrines make up the defense of “unenforceability” as it was codified into the Patent Act in 1952: laches; estoppel; unclean hands; patent misuse; and according to some, inequitable conduct. Yet in the seventy years since incorporation of equitable defenses into the patent statute, the Supreme Court has not clarified their reach. Indeed, twice in the last four years, the Supreme Court avoided giving complete guidance on the crucial questions of whether, and when, such equitable defenses are available to bar damages in cases brought at law.

Several interpretive ...


Women As Judges At International Criminal Tribunals, Milena Sterio Oct 2020

Women As Judges At International Criminal Tribunals, Milena Sterio

Law Faculty Articles and Essays

This Article analyzes the presence of female judges within international criminal tribunals, starting with the Yugoslavia and Rwanda Tribunals in the 1990s. In particular, the Article discusses specific numbers of female judges at the Yugoslavia and Rwanda Tribunals, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the Special Tribunal for Lebanon, the newly created Kosovo Specialist Chambers, and the International Criminal Court.

While the presence of women as prosecutors, defense attorneys, victim representatives, and other professionals at these tribunals is equally important, this Article focuses on the number of female judges, as such data ...


Amicus Curiae Observations By Public International Law & Policy Group, Situation In The Democratic Republic Of The Congo, Milena Sterio, Michael P. Scharf, Paul R. Williams Sep 2020

Amicus Curiae Observations By Public International Law & Policy Group, Situation In The Democratic Republic Of The Congo, Milena Sterio, Michael P. Scharf, Paul R. Williams

Law Faculty Briefs and Court Documents

The Public International Law & Policy Group (“PILPG”) offers the following amicus curiae observations pursuant to the Decision No. ICC-01/04-02/06-2569. PILPG is willing to appear before the Court if it would assist. Prof. Paul R. Williams, Dean Michael P. Scharf, Prof. Milena Sterio, Dr. Brianne McGonigle Leyh, Dr. Julie Fraser, Jonathan Worboys, Eian Katz, Raghavi Viswanath, Nicole Carle, Alexandra Koch, Isabela Karibjanian, and Olivia Wang contributed to these observations.


Petitioners' Reply Memorandum In Support Of Their Emergency Petetion For A Writ Of Habeas Corpus, Joseph Mead, David J. Carey, Freda J. Levenson, David A. Singleton, Mark A. Vander Laan, Michael L. Zuckerman Apr 2020

Petitioners' Reply Memorandum In Support Of Their Emergency Petetion For A Writ Of Habeas Corpus, Joseph Mead, David J. Carey, Freda J. Levenson, David A. Singleton, Mark A. Vander Laan, Michael L. Zuckerman

Law Faculty Briefs and Court Documents

In the roughly 120 hours since Petitioners filed their emergency petition for a writ of habeas corpus, the death toll at Elkton has doubled, and the number of BOP-confirmed COVID-19 cases among prisoners has tripled. About three dozen corrections staff have tested positive for the virus, a number that has also tripled since this case was filed. Elkton now accounts for more than one-third of all prisoner deaths from COVID-19 in federal prisons nationwide, and over half of the COVID-19 deaths in Columbiana County, making it one of the deadliest places a person can live in the current pandemic. According ...


Brief Of Amici Curiae Professors Ronald A. Cass, David F. Forte, James L. Huffman, Donald J. Kochan, Jesse J. Richardson And Reed Watson In Support Of Petitioners, David F. Forte, Ronald A. Cass, James L. Huffman, Donald J. Kochan, Jesse J. Richardson, Reed Watson Apr 2020

Brief Of Amici Curiae Professors Ronald A. Cass, David F. Forte, James L. Huffman, Donald J. Kochan, Jesse J. Richardson And Reed Watson In Support Of Petitioners, David F. Forte, Ronald A. Cass, James L. Huffman, Donald J. Kochan, Jesse J. Richardson, Reed Watson

Law Faculty Briefs and Court Documents

The Court of Federal Claims ruled that the Klamath, Yurok and Hoopa (hereafter Tribes) reserved water rights in the Klamath River Basin are of a volume at least equal to the amount of water the Environmental Protection Agency has determined to be necessary to trigger endangered species protection. In the absence of an adjudication in state or federal court and contrary to the long history of federal deference (both by Congressional enactment and judicial precedent) to state adjudication of water rights, the Federal Circuit affirmed and thus preempted, without the participation of affected parties including petitioners, the State of Oregon ...


Emergency Petition For Writ Of Habeas Corpus, Injunctive, And Declaratory Relief - Class Action, Joseph Mead, David J. Carey, Mark A. Vander Laan, Freda Levenson, David Singleton Apr 2020

Emergency Petition For Writ Of Habeas Corpus, Injunctive, And Declaratory Relief - Class Action, Joseph Mead, David J. Carey, Mark A. Vander Laan, Freda Levenson, David Singleton

Law Faculty Briefs and Court Documents

As a tragic combination of infectious and deadly, COVID-19 poses a once-in-a-lifetime threat on a worldwide scale. Every state and territory in the United States has now been impacted, with nearly half a million cases and over 20,000 deaths reported to the Centers for Disease Control and Prevention (CDC). Even under ordinary conditions, each person who contracts this illness can be expected to infect between 2 and 3 others.

Cramped, overcrowded prisons amplify this threat. With thousands of people literally stacked on top of each other and unable to move around without rubbing shoulders, such environments are fundamentally incompatible ...


Consentability, Autonomy, And Self-Actualization, Jonathan Witmer-Rich Apr 2020

Consentability, Autonomy, And Self-Actualization, Jonathan Witmer-Rich

Law Faculty Articles and Essays

This essay evaluates several competing principles underlying consent, such as self-interest, self-sovereignty, and self-actualization. Witmer-Rich argues that the nature of consent depends heavily on which of these underlying values consent is believed to serve and concludes that “self-actualization—the ongoing human project of creating and embodying coherent and meaningful values and choices—is the most fundamental good of autonomy and is the good that society should seek to further in the law of consent.”


Cities And Citizens Seethe: A Case Study Of Local Efforts To Influence Natural Gas Pipeline Routing Decisions, Heidi Gorovitz Robertson Apr 2020

Cities And Citizens Seethe: A Case Study Of Local Efforts To Influence Natural Gas Pipeline Routing Decisions, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

This Article explores the reasons local governments find difficulty influencing pipeline-routing decisions. For example, federal law controls interstate natural gas pipeline permitting, which is complicated and inaccessible. State law, particularly in Ohio, heavily favors utilities, in part by preempting local efforts to make local decisions regarding oil and gas development. Finally, the information gaps are enormous between what local governments need to influence pipeline-routing decisions and what is accessible.

This Article addresses barriers to local influence by discussing the efforts of citizens and local governments to influence the routing of NexusSpectra's natural gas transmission pipeline, which was recently constructed ...


Brief Of Constitutional Law Scholars As Amici Curiae In Support Of Petitioners, David F. Forte, Ronald J. Colombo, Richard Epstein, Carl H. Esbeck, Robert P. George, Mary Ann Glendon, Brian Mccall, Stacy Scaldo, Steven Smith Mar 2020

Brief Of Constitutional Law Scholars As Amici Curiae In Support Of Petitioners, David F. Forte, Ronald J. Colombo, Richard Epstein, Carl H. Esbeck, Robert P. George, Mary Ann Glendon, Brian Mccall, Stacy Scaldo, Steven Smith

Law Faculty Briefs and Court Documents

Lurking behind the regulatory issues presented by this appeal is a concerted effort to displace the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb et seq. ("RFRA"), with a novel approach that would trivialize a law's burden on religion. The Court should not indulge it.

The critics' argument suffers from several analytical defects that can be remedied by (1) a proper constitutional understanding of RFRA's relationship to the Establishment Clause; (2) an accurate understanding of how the Religion Clauses safeguard third-party interests; and (3) the correct application of these understandings to the Final Rules.


Brief Of Amici Curiae Michael L. Rosin, David G. Post, David F. Forte, Michael Stokes Paulsen, And Sotirios Barber In Support Of Presidential Electors, David F. Forte, Michael L. Rosin, David G. Post, Michael Stokes Paulsen, Sotirios Barber Mar 2020

Brief Of Amici Curiae Michael L. Rosin, David G. Post, David F. Forte, Michael Stokes Paulsen, And Sotirios Barber In Support Of Presidential Electors, David F. Forte, Michael L. Rosin, David G. Post, Michael Stokes Paulsen, Sotirios Barber

Law Faculty Briefs and Court Documents

The Framers of the Constitution crafted the Electoral College to be an independent institution with the responsibility of selecting the President and Vice-President. Therefore, they intended each elector to exercise independent judgment in deciding whom to vote for. A state cannot revise the Constitution unilaterally by reducing the elector to a ministerial agent who must vote in a particular way or face a sanction. The question of each elector’s moral or political obligation is not before the Court. Nor is the desirability of the current electoral system. Rather, this case turns on what the Constitution allows, and what it ...


Appendix B: Ohio Attorney General Facial Recognition Task Force Proposal On Monitoring, Auditing, Enforcement And Transparency, Brian E. Ray, Dennis Hirsch Jan 2020

Appendix B: Ohio Attorney General Facial Recognition Task Force Proposal On Monitoring, Auditing, Enforcement And Transparency, Brian E. Ray, Dennis Hirsch

Law Faculty Reports and Comments

Policy controls that govern agency activity generally contain at least two components: (1) a substantive policy; and (2) a governance structure for ensuring implementation of and compliance with that policy. Effective controls require both. This proposal focuses on the second component, the governance structure. Specifically, it addresses routine monitoring, annual audits, enforcement of the AG’s policies that govern the facial recognition system, and public transparency. Established facial recognition policies, including those that the Task Force has looked to as models, recognize the importance of establishing such a governance structure.

We have reviewed existing federal and state policy templates documents ...


C|M|Law Faculty Scholarship, Cleveland-Marshall College Of Law Library Jan 2020

C|M|Law Faculty Scholarship, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


How To Read A Legal Citation, Cleveland-Marshall College Of Law Library Jan 2020

How To Read A Legal Citation, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Audiovisuals In Online Teaching, Cleveland-Marshall College Of Law Library Jan 2020

Audiovisuals In Online Teaching, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Sexual Orientation & The Law, Cleveland-Marshall College Of Law Library Jan 2020

Sexual Orientation & The Law, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Women And The Law, Cleveland-Marshall College Of Law Library Jan 2020

Women And The Law, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Land Use, Planning And Zoning Law, Cleveland-Marshall College Of Law Library Jan 2020

Land Use, Planning And Zoning Law, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


First Amendment, Cleveland-Marshall College Of Law Library Jan 2020

First Amendment, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Scientific Evidence, Cleveland-Marshall College Of Law Library Jan 2020

Scientific Evidence, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Legal Ethics & Professional Responsibility, Cleveland-Marshall College Of Law Library Jan 2020

Legal Ethics & Professional Responsibility, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Jury Verdict & Damages Research, Cleveland-Marshall College Of Law Library Jan 2020

Jury Verdict & Damages Research, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Commercial Law, Cleveland-Marshall College Of Law Library Jan 2020

Commercial Law, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Federal Legal Sources, Cleveland-Marshall College Of Law Library Jan 2020

Federal Legal Sources, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Securities Regulation, Cleveland-Marshall College Of Law Library Jan 2020

Securities Regulation, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Scholarship Technology, Cleveland-Marshall College Of Law Library Jan 2020

Scholarship Technology, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Let She Who Has The Womb Speak: Regulating The Use Of Human Oocyte Cryopreservation To The Detriment Of Older Women, Browne C. Lewis Jan 2020

Let She Who Has The Womb Speak: Regulating The Use Of Human Oocyte Cryopreservation To The Detriment Of Older Women, Browne C. Lewis

Law Faculty Articles and Essays

This article is divided into three parts. Part I examines the arguments in favor of banning human oocyte cryopreservation. Part II explores the reasons some opponents of human oocyte cryopreservation might give to support restrictions on the use of frozen oocytes. Part III analyzes the possible ethical and legal challenges that may arise in the event that the government seeks to ban the use of frozen oocytes or restrict the use of frozen oocytes based solely on the age of the potential mother.


The International Criminal Court: Current Challenges And Prospect Of Future Success, Milena Sterio Jan 2020

The International Criminal Court: Current Challenges And Prospect Of Future Success, Milena Sterio

Law Faculty Articles and Essays

The ICC has served as an agent of impunity since its inception in 1998, and its fundamental role in the field of international criminal justice as a permanent accountability mechanism remains undisputed. The court is, however, facing significant challenges which may threaten its legitimacy. These challenges can be surmounted if the court is willing to take a hard look at its own procedures, prosecutorial practices, and judicial attitudes. The ICC's future may be bright if the court makes significant changes in the present.