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Articles 1 - 30 of 32
Full-Text Articles in Law
Comments On Expanding Civic Participation In Voting By Expanded Use Of The Internet, Candice Hoke
Comments On Expanding Civic Participation In Voting By Expanded Use Of The Internet, Candice Hoke
Law Faculty Presentations and Testimony
Hoke's comments to the FCC on expanding civic participation in voting by expanded use of the Internet. Hoke recommends that the FCC not become involved in election regulatory issues concerning the Internet, but will support a different federal regulatory agency with national security and technical-cybersecurity expertise receiving primary jurisdiction over election cybersecurity.
2009 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library, Michael Schwartz Ph.D.
2009 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library, Michael Schwartz Ph.D.
Scholars and Artists Bibliographies
This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr. Michael Schwartz was the honored guest.
Games In The Law School Classroom: Enhancing The Learning Experience, Karin M. Mika
Games In The Law School Classroom: Enhancing The Learning Experience, Karin M. Mika
Law Faculty Articles and Essays
Educators have always been concerned with devising ways to make education fun while engaging students in an activity that will be intellectually beneficial. This article explores the use of games in the legal writing classroom.
E-Voting And Forensics: Prying Open The Black Box, Candice Hoke, Sean Peisert, Matt Bishop, Mark Graff, David Jefferson
E-Voting And Forensics: Prying Open The Black Box, Candice Hoke, Sean Peisert, Matt Bishop, Mark Graff, David Jefferson
Law Faculty Articles and Essays
Over the past six years, the nation has moved rapidly from punch cards and levers to electronic voting systems. These new systems have occasionally presented election officials with puzzling technical irregularities. The national experience has included unexpected and unexplained incidents in each phase of the election process: preparations, balloting, tabulation, and reporting results. Quick technical or managerial assessment can often identify the cause of the problem, leading to a simple and effective solution. But other times, the cause and scope of anomalies cannot be determined. In this paper, we describe the application of a model of forensics to the types …
A Closer Look At The Federalization Snowball, Abigail R. Moncrieff
A Closer Look At The Federalization Snowball, Abigail R. Moncrieff
Law Faculty Articles and Essays
While on the academic job market, I presented Federalization Snowballs to several stellar law faculties.1 My argument, in short, was that: (1) federal healthcare spending allows the states to externalize onto the federal government about 40% of the utilization costs associated with their medical malpractice policies (such as the cost of defensive medicine); (2) such an externality systematically distorts a rational state’s incentive to reform medical malpractice; and (3) federalization of medical malpractice is necessary to correct the distortion. In other words, I argued that federalization of healthcare spending through Medicare, Medicaid, and similar programs has snowballed into a need …
The Closing Of The Judicial Mind, David F. Forte
The Closing Of The Judicial Mind, David F. Forte
Law Faculty Articles and Essays
Reviews of R.F. Nagel, Unrestrained: Judicial Excess and the Mind of the American Lawyer, Transaction Publishers (2008) and R. Posner, How Judges Think, Harvard University Press (2008)
Federalization Snowballs: The Need For National Action In Medical Malpractice Reform, Abigail R. Moncrieff
Federalization Snowballs: The Need For National Action In Medical Malpractice Reform, Abigail R. Moncrieff
Law Faculty Articles and Essays
Because tort law and healthcare regulation are traditional state functions and because medical, legal, and insurance practices are localized, legal scholars have long believed that medical malpractice falls within the states' exclusive jurisdiction and sovereignty. This conventional view fails to consider the impact that federal healthcare programs have on the states' incentives to regulate. As a result of federal financing, each state externalizes some of the costs of its malpractice policy onto the federal government. The federal government therefore needs to take charge of medical malpractice in order to fix the spillover problem created by existing federal healthcare programs.
Importantly, …
Op Ed: Throwing Cold Water On Expensing Of Assets, Deborah A. Geier
Op Ed: Throwing Cold Water On Expensing Of Assets, Deborah A. Geier
Law Faculty Articles and Essays
Deborah A. Geier rebuts a proposal for full expensing (except for 10-year depreciation of buildings) for all assets and all taxpayers to accomplish simplification, arguing that such a proposal would need to be combined with a repeal of the interest deduction.
Fathers, Foreskins, And Family Law, Dena S. Davis
Fathers, Foreskins, And Family Law, Dena S. Davis
Law Faculty Articles and Essays
In the United States, a custodial parent has the right and responsibility to make medical decisions for one's child. But does that right encompass consenting for a surgical procedure for which there is little or no medical justification? What if the noncustodial parent opposed the procedure? And when is a child old enough to make the decision for him- or herself? How should a physician respond when asked to perform a surgical procedure when the decision is enmeshed in family controversy? These and other questions are considered in Boldt, a recent family law case decided by the Supreme Court of …
The Benefits Of Podcasting, Karin M. Mika
The Benefits Of Podcasting, Karin M. Mika
Law Faculty Articles and Essays
This article discusses the benefits of podcasting in legal writing courses, based on the author's participation in CALI's 2005 inaugural podcasting project.
Do 'Off-Site' Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, And Empirical Evidence, Alan Weinstein, Richard D. Mccleary
Do 'Off-Site' Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, And Empirical Evidence, Alan Weinstein, Richard D. Mccleary
Law Faculty Articles and Essays
Recent federal court decisions appear to limit the ability of cities to mitigate the ambient crime risks associated with adult entertainment businesses. In one instance, a court has assumed that criminological theories do not apply to “off-site” adult businesses. After developing the legal doctrine of secondary effects, we demonstrate that the prevailing criminological theory applies to all adult business models. To corroborate the theory, we report the results of a before/after quasi-experiment for an off-site adult business. When an off-site adult business opens, ambient crime risk doubles compared to a control area. As theory predicts, moreover, ambient victimization risk is …
"Good Politics Is Good Government": The Troubling History Of Mayoral Control Of The Public Schools In Twentieth-Century Chicago, James (Jim) C. Carl
"Good Politics Is Good Government": The Troubling History Of Mayoral Control Of The Public Schools In Twentieth-Century Chicago, James (Jim) C. Carl
Educational Studies, Research, and Technology Department Faculty Publications
This article looks at urban education through the vantage point of Chicago's mayors. It begins with Carter H. Harrison II (who served from 1897 to 1905 and again from 1911 to 1915) and ends with Richard M. Daley (1989 to the present), with most of the focus on four long-serving mayors: William Hale Thompson (1915--23 and 1927--31), Edward Kelly (1933--47), Richard J. Daley (1955--76), and Harold Washington (1983--87). Mayors exercised significant leverage in the Chicago Public Schools throughout the twentieth century, making the history of Chicago mayors' educational politics relevant to the contemporary trend in urban education to give more …
Voting And Registration Technology Issues: Lessons From 2008, S. Candice Hoke, David Jefferson
Voting And Registration Technology Issues: Lessons From 2008, S. Candice Hoke, David Jefferson
Law Faculty Contributions to Books
This chapter reviews the 2008 field performance and the scientific assessments of both voting systems and the statewide voter-registration databases. The federal Help America Vote Act (HAVA) mandated each of these technologies. Despite definitive scientific studies that documented grave security deficiencies that can cause voting systems to produce inaccurate vote tallies and “winners” who actually had fewer votes, these systems continue to be deployed. The Chapter traces the regrettable decisions on election technologies to a poorly designed regulatory structure and staffing, which continue to underweight and misunderstand security issues in election technologies.
Bigelow Aerospace's Commodity Jurisdiction Request Under Itar And Its Impact On The Future Of Private Spaceflight, Mark J. Sundahl
Bigelow Aerospace's Commodity Jurisdiction Request Under Itar And Its Impact On The Future Of Private Spaceflight, Mark J. Sundahl
Law Faculty Contributions to Books
On April 22, 2009, Bigelow Aerospace announced that the United States Directorate of Defense Trade Controls (DDTC) had responded favorably to Bigelow's commodity jurisdiction request to ease its regulatory burden under the International Traffic in Arms Regulations (ITAR). Prior to this decision by the DDTC, the presence of foreign nationals on a Bigelow space station would have been treated as an "export" of space technology under IT AR - thus requiring a license from the DDTC in addition to other burdens. Bigelow Aerospace's successful commodity jurisdiction request has removed these obstacles and, as a result, has breathed new life into …
Essay: Current And Future Challenges To Local Government Posed By The Housing And Credit Crisis,, Alan Weinstein
Essay: Current And Future Challenges To Local Government Posed By The Housing And Credit Crisis,, Alan Weinstein
Law Faculty Articles and Essays
The ongoing problems in the housing and credit markets, caused by a toxic combination of wholesale deregulation of financial markets by the federal government and imprudent lending and investment practices by financial institutions, pose significant challenges to local and state government officials. Some of these challenges are obvious. How will cities cope with an unprecedented number of foreclosures at the same time that state and local tax revenues are decreasing? When will access to credit ease in a municipal bond market that has constricted as a result of both general credit concerns and questions about the companies insuring those bonds? …
The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, Mark J. Sundahl
The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, Mark J. Sundahl
Law Faculty Articles and Essays
This article provides a fresh perspective on the originalism debate by undertaking a comparative study of constitutional interpretation in the United States and ancient Athens. By observing how the ancient Athenians resolved the same interpretational problems that face the Supreme Court today, we are able to gain a better understanding of the issues that drive the originalism debate. The study focuses on Athenian practice in 350 B.C., which falls late in the history of the Athenian democracy, well after the legal system had achieved its final form. Like the United States, Athens had a strong tradition of judicial review and …
On Account Of Race Or Color: Race As Corporation And The Original Understanding Of Race, Reginald Oh
On Account Of Race Or Color: Race As Corporation And The Original Understanding Of Race, Reginald Oh
Law Faculty Articles and Essays
Oh describes this essay as a critique of constitutional and political discourse on "race" and argues that current equal protection doctrine operates under a conception of race that undermines rather than moves forward the goal of achieving racial equality. That understanding defines race solely or primarily as a physical trait or characteristic, and unjustifiably rejects other, more robust notions of race. He argues that the notion of race as physical trait is inconsistent with the historical understanding of race that served as the basis for the Reconstruction Amendments. A careful examination of nineteenth and early twentieth century court decisions, decisions …
The Tangled Web Of Plagiarism Litigation: Sorting Out The Legal Issues, Ralph D. Mawdsley
The Tangled Web Of Plagiarism Litigation: Sorting Out The Legal Issues, Ralph D. Mawdsley
Law Faculty Articles and Essays
The purpose of this article is to explore the increasing complexity of plagiarism litigation in the United States. A determination as to when attribution is necessary in order to avoid a charge of plagiarism raises questions of intent and subject matter specific questions of general knowledge, as well as constitutional and contractual questions of fairness, tort questions of defamation, and questions of fair use under copyright law or misrepresentation under the Lanham Act. Most of the reported cases still involve students who contest discipline from their respective academic institutions--discipline that can range from a course penalty to expulsion from the …
Book Review, The First Century: One Hundred Years Of Aall History, 1906-2005, Kristina L. Niedringhaus
Book Review, The First Century: One Hundred Years Of Aall History, 1906-2005, Kristina L. Niedringhaus
Law Faculty Articles and Essays
The author reviews The First Century: One Hundred Years of AALL History by Frank G. Houdek.
Extending The Shadow Of The Law: Using Hybrid Mechanisms To Establish Constitutional Norms In Socioeconomic Rights Cases, Brian E. Ray
Extending The Shadow Of The Law: Using Hybrid Mechanisms To Establish Constitutional Norms In Socioeconomic Rights Cases, Brian E. Ray
Law Faculty Articles and Essays
This Article challenges the general perception that ADR processes cannot develop public law norms. It follows a recent trend in ADR literature that seeks to define a public norm creation role for ADR in part by connecting these processes to other alternative legal and political problem-solving methods. This Article focuses on a recent South African Constitutional Court case, Occupiers of 51 Olivia Road v City of Johannesburg, in which the court interpreted the right to housing in the South African Constitution. The court held that municipalities must develop processes for negotiating - or, in the court's language "engaging" - with …
Policentrism, Political Moblization, And The Promise Of Socioeconomic Rights, Brian E. Ray
Policentrism, Political Moblization, And The Promise Of Socioeconomic Rights, Brian E. Ray
Law Faculty Articles and Essays
There is an active and heated debate over whether socioeconomic rights should be included in modern constitutions because of their supposed "positive" character and the difficult separation-of-powers and institutional-competence concerns such rights raise. The controversy over the nature of socioeconomic rights and whether constitutions should include them is connected to the issue of how to enforce these rights when they are included. The South African Constitutional Court is the leading example of a court dealing with these enforcement issues, and its early decisions have been hailed by many, including Mark Tushnet and Cass Sunstein, as developing a uniquely effective approach …
The Duty To Rescue Space Tourists And Return Private Spacecraft, Mark J. Sundahl
The Duty To Rescue Space Tourists And Return Private Spacecraft, Mark J. Sundahl
Law Faculty Articles and Essays
International space law has long imposed a duty to rescue astronauts and return errant spacecraft to the launching state. However, the existing space law treaties contain a number of gaps and interpretational problems that, among other things, call into question whether the duty to rescue and return applies to space tourists and spacecraft owned by private companies. These issues are of critical importance to the survival of the new space tourism industry, which is made up of a growing number of companies - such as Virgin Galactic, Rocketplane, and Blue Origin - that intend to launch their maiden flights in …
The Kosovar Declaration Of Independence: "Botching The Balkans" Or Respecting International Law?, Milena Sterio
The Kosovar Declaration Of Independence: "Botching The Balkans" Or Respecting International Law?, Milena Sterio
Law Faculty Articles and Essays
This Article will examine in Part II the historic and political relationship between Kosovo and Serbia. This Article will, in Part III, focus on the international legal issues at stake, including state secession, statehood, and state recognition. Part IV will then apply the theories of secession, statehood, and state recognition to the Kosovar situation. Part V will discuss, and debunk, the relevant legal theories purporting to justify the Kosovar independence. Part V will also discuss some important political and legal issues that plague Kosovo in its near future as a new state. Finally, Part VI will conclude that other solutions …
Introductory Note To The International Criminal Court: Summary Of The Prosecutor's Application Under Article 58, Milena Sterio
Introductory Note To The International Criminal Court: Summary Of The Prosecutor's Application Under Article 58, Milena Sterio
Law Faculty Articles and Essays
Luis Moreno-Ocampo, Chief Prosecutor at the International Criminal Court (ICC), undertook a significant step in his office's investigation of the situation in Darfur, Sudan, on November 20, 2008, when he requested Pre-Trial Chamber I to issue an arrest warrant against three named individuals. These individuals, whose names have remained confidential, were commanders of rebel groups in Darfur that had carried out an attack on September 29, 2007 against African Union Mission in Sudan (AMIS) peacekeepers stationed at the Haskanita Military Group Site.
Lawrence: An Unlikely Catalyst For Massive Disruption In The Sphere Of Government Employee Privacy And Intimate Association Claims, Matthew W. Green Jr.
Lawrence: An Unlikely Catalyst For Massive Disruption In The Sphere Of Government Employee Privacy And Intimate Association Claims, Matthew W. Green Jr.
Law Faculty Articles and Essays
In 2003, the U.S. Supreme Court handed down Lawrence v. Texas, the landmark decision that overturned a Texas statute proscribing homosexual sodomy. The Supreme Court held that the Texas statute infringed the right of 'free adults" to engage in private, consensual, non-commercial sexual conduct in their home. In doing so, the Court overturned a prior case, Bowers v. Hardwick, which had upheld a Georgia sodomy statute. In his Lawrence dissent, Justice Scalia predicted that overruling Bowers would cause a massive disruption of the current social order. To substantiate his point, he cites numerous cases, many in the area of public …
Rarely Tried, And . . . Rarely Successful: Theoretically Impossible Price Predation Among The Airlines, Christopher L. Sagers
Rarely Tried, And . . . Rarely Successful: Theoretically Impossible Price Predation Among The Airlines, Christopher L. Sagers
Law Faculty Articles and Essays
Two large bodies of literature bearing on the competitive health of the deregulated airlines are in sharp conflict: (1) the volumes of judicial and academic output to the effect that the phenomenon of predatory pricing is, as a practical matter, impossible; and (2) the similarly massive body of industry-specific theory and empirical evidence that predation not only occurs in airline markets, but has been a key tool to preserve market power held by the surviving legacy carriers. This article seeks to establish from the latter that the former is a poor basis for policy, especially if there is nothing really …
Dagher, American Needle, And The Evolving Antitrust Theory Of The Firm: What Will Become Of Section 1?, Christopher L. Sagers
Dagher, American Needle, And The Evolving Antitrust Theory Of The Firm: What Will Become Of Section 1?, Christopher L. Sagers
Law Faculty Articles and Essays
This summer, on the last regularly scheduled sitting of its October 2008 Term, the Supreme Court granted certiorari in a case that could have far-reaching consequences throughout the law of Sherman Act Section 1. In the case under review, American Needle, Inc. v. NFL, the Seventh Circuit, by unanimous panel decision, entered a striking ruling in the long-running debate over whether professional sports leagues can be “single entities” under Copperweld. The court not only said yes, but did so in what is possibly the most likely context in which the member teams could have competed with one another - the …
Competition Come Full Circle? Pending Legislation To Repeal The U.S. Railroad Exemption, Christopher L. Sagers
Competition Come Full Circle? Pending Legislation To Repeal The U.S. Railroad Exemption, Christopher L. Sagers
Law Faculty Articles and Essays
Repeal of the railroad antitrust exemptions has been advocated ever since deregulation of that industry, and bills have been introduced twice to do it. However, there is no particular reason yet to believe railroad exemption repeal will occur in this Congress. The pending bills have not progressed far and have failed before, and they are opposed by the industry. But even if they progress, and assuming there is not also some significant change to the overall railroad regulatory framework, it seems unlikely that antitrust litigation will be very successful or that it will much change the status quo in rail …
Faith-Based Financial Regulation: A Primer On Oversight Of Credit Rating Organizations, Christopher L. Sagers, Thomas J. Fitzpatrick
Faith-Based Financial Regulation: A Primer On Oversight Of Credit Rating Organizations, Christopher L. Sagers, Thomas J. Fitzpatrick
Law Faculty Articles and Essays
In light of the present economic crisis and their role in it, the world seems suddenly keen to know more about the handful of private corporations--variously known as bond rating agencies, credit rating agencies, credit rating organizations (CROs), or the like--that rate the creditworthiness of corporate and government debt securities. By most accounts, these companies hold extensive sway in public capital markets, and for about thirty years, a few of them have enjoyed literally de jure delegation of federal regulatory oversight over much of the U.S. financial sector. With that power their ratings have value regardless of their accuracy, and …
Two Fathers, One Dad: Allocating The Paternal Obligations Between The Men Involved In The Artificial Insemination Process, Browne C. Lewis
Two Fathers, One Dad: Allocating The Paternal Obligations Between The Men Involved In The Artificial Insemination Process, Browne C. Lewis
Law Faculty Articles and Essays
Nadya Suleman used sperm from a man she knows to conceive fourteen children using assisted reproduction. It is clear that Suleman is the legal mother of the children. The unanswered question is: "Are the children legally fatherless?" The answer to this question is important because experts predict that it will take well over one million dollars to support the children until they reach the age of majority. My article seeks to provide some insight into the resolution of this issue. Although Suleman did not conceived using artificial insemination, the information examined in my article may be applied to her situation. …