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Cleveland State University

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Full-Text Articles in Law

Optimizing The Classroom Experience By Collaborating With Colleagues, Karin Mika Apr 2019

Optimizing The Classroom Experience By Collaborating With Colleagues, Karin Mika

Law Faculty Articles and Essays

Collaborations with colleagues, whether those colleagues are legal professionals or one’s doctrinal colleagues, can provide an enhanced learning experience for both professor and student in the Legal Writing classroom. Through these collaborations, Legal Writing professors can provide more substantive knowledge on a subject matter than they may have been able to provide in an individual capacity during a classroom lecture. Moreover, multiple-source inputs to the learning experience provide various viewpoints with the potential to increase the knowledge absorbed. Finally, collaborations have the potential of showing students the “big picture” that law is not an experience isolated within each class ...


Familiar Battles Yield Next Generation Victories, Karin Mika Mar 2019

Familiar Battles Yield Next Generation Victories, Karin Mika

Law Faculty Articles and Essays

No abstract provided.


Legislation And The Regulatory State Video Research Modules, Cleveland-Marshall College Of Law Library Jan 2019

Legislation And The Regulatory State Video Research Modules, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Resources On "The Federalist Papers", Cleveland-Marshall College Of Law Library Jan 2019

Resources On "The Federalist Papers", Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Mobile Apps For Law Students, Cleveland-Marshall College Of Law Library Jan 2019

Mobile Apps For Law Students, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Law Career Resources, Cleveland-Marshall College Of Law Library Jan 2019

Law Career Resources, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Fair Housing Law, Cleveland-Marshall College Of Law Library Jan 2019

Fair Housing Law, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Election Law, Cleveland-Marshall College Of Law Library Jan 2019

Election Law, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Corporations And Businesses - Finding Info, Cleveland-Marshall College Of Law Library Jan 2019

Corporations And Businesses - Finding Info, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Get Out From Under My Land! Hydraulic Fracturing, Forced Pooling Or Unitization, And The Role Of The Dissenting Landowner, Heidi Gorovitz Robertson Oct 2018

Get Out From Under My Land! Hydraulic Fracturing, Forced Pooling Or Unitization, And The Role Of The Dissenting Landowner, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

This article addresses the legal circumstances arising when a state agency authorizes oil and gas production operations beneath a landowner’s land against that landowner’s wishes. One might assume that, if a landowner wants to preserve his or her land from oil and gas development, the landowner could simply refuse to allow drilling to occur beneath the land. However, neighbors may want to develop the oil and gas resources beneath their own land. To satisfy the neighbors’ wishes, an oil and gas producer must assemble mineral production rights on or beneath enough contiguous land to satisfy state spacing and ...


The Holy Grail? Designing And Teaching An Integrated Doctrine And Drafting Course, Claire C. Robinson May Oct 2018

The Holy Grail? Designing And Teaching An Integrated Doctrine And Drafting Course, Claire C. Robinson May

Law Faculty Articles and Essays

I’ve long considered teaching doctrine and skills together in a single course to be the holy grail of legal education. If we could do so successfully, we might make significant strides in providing a legal education that better prepares our students to be practicing lawyers. In spring 2016, my colleague Professor April Cherry and I took the plunge and collaboratively offered a course titled Estates and Trusts: Doctrine and Drafting at our institution, Cleveland-Marshall College of Law. This essay describes our experience and lessons learned pursuing the holy grail.


Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David Forte Jul 2018

Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David Forte

Law Faculty Articles and Essays

This is a story of excess and reparation. It is a chronicle of one President from the elite intellectual classes of the East, and another from a county seat in the heartland. Woodrow Wilson was the college president whose contribution to the art of government lay in the principle of expertise and efficiency. When he went to war, he turned the machinery of government into a comprehensive and highly effective instrument for victory. For Wilson, it followed that there could be little tolerance for those who impeded the success of American arms by their anti-war propaganda, draft resistance, or ideological ...


Legislation Meets Tradition: Interpretations And Implications Of The Volunteer Protection Act For Nonprofit Organizations As Viewed Through The Lens Of Hermeneutics, Patricia Groble, Nicholas C. Zingale, Joseph Mead May 2018

Legislation Meets Tradition: Interpretations And Implications Of The Volunteer Protection Act For Nonprofit Organizations As Viewed Through The Lens Of Hermeneutics, Patricia Groble, Nicholas C. Zingale, Joseph Mead

Urban Publications

Volunteers enable nonprofit organizations to reach more clients and more effectively fulfill their missions. However, the good done by these volunteers may be offset by their careless behavior. Rising fears that resulting lawsuits and monetary damages would deter potential volunteers from volunteering caused Congress to enact the Volunteer Protection Act. This research studies court decisions to ascertain whether the law fulfills its purpose and considers the implications of these interpretations for nonprofit managers. It also tests the usefulness of the hermeneutical approach to legal interpretation and to determine how the Act has changed as a result of these court decisions.


The Heat Of Passion And Blameworthy Reasons To Be Angry, Jonathan Witmer-Rich Apr 2018

The Heat Of Passion And Blameworthy Reasons To Be Angry, Jonathan Witmer-Rich

Law Faculty Articles and Essays

This article seeks to resolve a longstanding conceptual puzzle plaguing the "heat of passion" doctrine--how courts should determine which features, beliefs, or characteristics of a defendant are properly relevant to assessing whether the defendant was sufficiently provoked, and which of those features should be disregarded. This article argues that provocation is not adequate if the reason the defendant became extremely angry is due to some blameworthy belief or attribute of the defendant. A belief is blameworthy if it contradicts the fundamental values of the political community. The blameworthiness principle distinguishes those aspects of the defendant that cannot form a basis ...


Athenian Law, Laura E. Ray Jan 2018

Athenian Law, Laura E. Ray

Law Library Research Guides - Archived

No abstract provided.


Researching Employers, Cleveland-Marshall College Of Law Library Jan 2018

Researching Employers, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Nonprofit Law, Cleveland-Marshall College Of Law Library Jan 2018

Nonprofit Law, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Lawyers And Judges Directory: Info & Bios, Cleveland-Marshall College Of Law Library Jan 2018

Lawyers And Judges Directory: Info & Bios, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Deferred Action For Childhood Arrivals (Daca), Cleveland-Marshall College Of Law Library Jan 2018

Deferred Action For Childhood Arrivals (Daca), Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


To Speak Or Not To Speak, That Is Your Liberty: Janus V. Afscme, David Forte Jan 2018

To Speak Or Not To Speak, That Is Your Liberty: Janus V. Afscme, David Forte

Law Faculty Articles and Essays

Some Supreme Court precedents go through extensive death spasms before being interred. Lochner v. New York, Plessy v. Ferguson, and Austin v. Michigan Chamber of Commerce come to mind. Others like Chisholm v. Georgia and Minersville School District v. Gobitis incurred a swift and summary execution. Still others, overtaken by subsequent cases, remain wraith-like presences among the Court’s past acts: Beauharnais v. Illinois and Buck v. Bell, for example, remain “on the books.”


#Lolnothingmatters, Chris Sagers Jan 2018

#Lolnothingmatters, Chris Sagers

Law Faculty Articles and Essays

Institutions matter in antitrust, at least as much as ideas. Most antitrust arguments, and especially the contretemps currently enjoying some attention in the popular press, imagine that antitrust problems are short- or medium-term matters, and that they can be corrected with local doctrinal steps. I suggest there is a deeper problem, a phenomenon more deeply inherent in the nature of competition itself. The problem will cyclically recur, so long as institutional brakes are unavailable to keep it at bay. Specifically, it seems that competitive markets are difficult to preserve without some prospective, no-fault rule to control concentration for its own ...


Artis V. District Of Columbia—What Did The Court Actually Say?, Doron M. Kalir Jan 2018

Artis V. District Of Columbia—What Did The Court Actually Say?, Doron M. Kalir

Law Faculty Articles and Essays

On January 22, 2018, the Supreme Court issued Artis v. District of Columbia. A true "clash of the titans," this 5-4 decision featured colorful comments on both sides, claims of "absurdities," uncited use of Alice in Wonderland vocabulary ("curiouser," anyone?), and an especially harsh accusation by the dissent that "we’ve wandered so far from the idea of a federal government of limited and enumerated powers that we’ve begun to lose sight of what it looked like in the first place."

One might assume that the issue in question was a complex constitutional provision, or a dense, technical federal ...


Property Law, Cleveland-Marshall College Of Law Library Jan 2018

Property Law, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Education Law, Cleveland-Marshall College Of Law Library Jan 2018

Education Law, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Oil And Gas Law, Cleveland-Marshall College Of Law Library Jan 2018

Oil And Gas Law, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


To Leave Or Not To Leave—Law Libraries And The Fdlp: A Decade Later, Is That Still The Question?, Lauren M. Collins Jul 2017

To Leave Or Not To Leave—Law Libraries And The Fdlp: A Decade Later, Is That Still The Question?, Lauren M. Collins

Law Faculty Articles and Essays

This article recounts the literature of the late 1990s and early 2000s, when some librarians, considering the changing form of government information, questioned whether the FDLP would survive in its existing form and recommended FDLP changes that would keep depository libraries engaged as the means of accessing digital government information evolved. In the later 2000s, articles and reports included comprehensive suggestions to the GPO, by and on behalf of library associations, of ways to make depository libraries stronger partners in the FDLP. Possibly in response to these calls for reform, the GPO polled depository libraries in its 2012 FDLP Forecast ...


Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio Jan 2017

Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio

Law Faculty Articles and Essays

Ahmad Al Faqi Al Mahdi, also known as Abou Tourab, was a member of the radical Islamic group Ansar Eddine, serving as one of four commanders during its brutal occupation of Timbuktu in 2012. The International Criminal Court (ICC) indicted Al Mahdi on several charges of war crimes for intentional attacks against ten religious and historic buildings and monuments. All the buildings that Al Mahdi was charged with attacking had been under UNESCO protection and most had been listed as world heritage sites.

The case against Al Mahdi at the ICC unfolded relatively quickly and efficiently, from the official Malian ...


A Deliberate Departure: Making Physician-Assisted Suicide Comfortable For Vulnerable Patients, Browne C. Lewis Jan 2017

A Deliberate Departure: Making Physician-Assisted Suicide Comfortable For Vulnerable Patients, Browne C. Lewis

Law Faculty Articles and Essays

This Article is divided into four parts. Part I discusses the history and evolution of the "right to die movement" in the United States. The current legal landscape in the United States is examined in Part II. In Part III, I analyze some of the relevant ethical concerns caused by the availability of physician-assisted suicide. My analysis primarily focuses on the Oregon statutes because it is the oldest physician-assisted suicide law in the United States and has served as a model for laws in the United States and abroad. For example, Lord Falconer's Bill, which was defeated by the ...


Tribute To Professor Erik Jensen, Deborah A. Geier Jan 2017

Tribute To Professor Erik Jensen, Deborah A. Geier

Law Faculty Articles and Essays

No abstract provided.


Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr. Jan 2017

Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr.

Law Faculty Articles and Essays

This article is set forth in five parts. Part II is largely descriptive and focuses on two aspects of Obergefell: (1) the Court's clarification that adult, private, consensual, same-sex sexual intimacy is a fundamental right, protected by the U.S. Constitution's Fourteenth Amendment Due Process Clause and (2) the Court's recognition that leading mental health and medical groups consider sexual orientation to be immutable. Part III examines how courts and the EEOC have treated sexual orientation discrimination under Title VII and contains a normative discussion which argues—consistent with the position of other commentators, some courts, and ...