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Articles 1 - 30 of 65
Full-Text Articles in Law
1997 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library
1997 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library
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
Court-Created Boundaries Between A Visible Lesbian Mother And Her Children, Susan J. Becker
Court-Created Boundaries Between A Visible Lesbian Mother And Her Children, Susan J. Becker
Law Faculty Articles and Essays
This essay identifies some of the boundaries and obstacles imposed by the courts on a "visible" lesbian mother striving to maintain a healthy relationship with her children. The term "visible" is used to describe a mother whose lesbian sexuality has been revealed to a court empowered with defining her future contact with her children. The primary focus here is on children who were conceived through a heterosexual relationship, and where a heterosexual parent, grandparent, or other person is challenging the lesbian mother's right to custody of, or visitation with, her own children. Court created boundaries are identified and discussed in …
Law Students' Commitment Benefits Everyone - A View On Law Student Participation, Pamela Daiker-Middaugh
Law Students' Commitment Benefits Everyone - A View On Law Student Participation, Pamela Daiker-Middaugh
Law Faculty Articles and Essays
Describes the value of law students participating in pro-bono and volunteer opportunities.
A Brilliant Instance Of Flabby Thinking, Deborah A. Geier
A Brilliant Instance Of Flabby Thinking, Deborah A. Geier
Law Faculty Articles and Essays
This article provides a short history of the lower-of-cost-or-market rule.
Choosing Substantive Justice: A Discussion Of Choice, Rights And The New Reproductive Technologies, April L. Cherry
Choosing Substantive Justice: A Discussion Of Choice, Rights And The New Reproductive Technologies, April L. Cherry
Law Faculty Articles and Essays
This paper is an expanded version of the speech that Professor Cherry presented at the National Women Law Students' Association Conference, entitled Consensus and the Community: Diversifying Our Points of View, at the University of Wisconsin Law School on March l, 1996. For Professor Cherry's complete article on this topic, see 10 Wis. Women's L.J. 161 A Feminist Understanding of Sex-Selective Abortion: Solely a Matter of Choice
Innovative Teaching Methods And Practical Uses Of Literature In Legal Education, Karin M. Mika
Innovative Teaching Methods And Practical Uses Of Literature In Legal Education, Karin M. Mika
Law Faculty Articles and Essays
Because I believe a breadth of reading enhances one's ability to think and write, throughout the years I have tried to encourage extra curricular and diversified reading to be done in conjunction with my Legal Writing class. Unfortunately, yet understandably, law students generally only do the required work, but not more. As a consequence, I have discovered, over time, that the "readers" in my classes continue to read while the "non-readers" never take the opportunity to discover what advantage there might be in taking my advice. Because no change has occurred in students' overall attitudes, I decided to make life …
Book Review: Postmodern Legal Movements: Law And Jurisprudence At Century's End By Gary Minda, Chris Sagers
Book Review: Postmodern Legal Movements: Law And Jurisprudence At Century's End By Gary Minda, Chris Sagers
Law Faculty Articles and Essays
Postmodem Legal Movements does two things. First, the bulk of the book provides an overview of American jurisprudence, from Christopher Columbus Langdell to the present. This overview is necessary because, in order to understand "postmodem forms of jurisprudence, we must first explore what came before postmodernism, that is, modernism" (p. 5). Second, the relatively short latter portion of the book presents an argument about the current state of American legal scholarship and its future. Minda's picture of contemporary legal thought is that of a paradigm shift in the making.
Postmodern Legal Movements will prove useful to those in search of …
An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Chris Sagers
An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Chris Sagers
Law Faculty Articles and Essays
This Note contends that consumers should have a private damages action under section 10. Part I discusses the method federal courts currently employ to determine whether a private cause of action should be recognized under a given federal statute. Part II applies this standard to section 10, and it argues that, although the federal courts currently exhibit a fairly restrictive attitude toward implication of remedies, an action should be implied under section 10 because the Real Estate Settlement Procedures Act of 1974 (RESPA) was enacted at a time when Congress relied on a more permissive judicial implication doctrine. Finally, Part …
Resolving Conflicting Laws And Policy In Integrated Delivery Systems Development, Anthony D. Shaffer, Peter A. Pavarini
Resolving Conflicting Laws And Policy In Integrated Delivery Systems Development, Anthony D. Shaffer, Peter A. Pavarini
Journal of Law and Health
Health care legal advisors are often called on to rationalize and synthesize these conflicting laws and policies while assisting clients to meet current market demands in developing competitive integrated delivery systems ("IDS"). This article explores the myriad of laws and regulations that affect integrated delivery systems development and proposes a practical approach for reconciling conflicting laws and policies. Some legal practitioners may recognize the proposed method as the process they already follow. For others, the suggestions in this article will hopefully challenge them to see conflicts of law and policy as opportunities to engage in creative thinking.
Prenatal Genetic Screening: The Enigma Of Selective Abortion, David Stoller
Prenatal Genetic Screening: The Enigma Of Selective Abortion, David Stoller
Journal of Law and Health
This paper examines the issues of pre-natal genetic testing and its ethical and legal concerns. Part II details the scientific techniques involved in pre-natal genetic testing. Part III discusses the Human Genome Project and its influence on the choices available to prospective parents. Part IV analyzes the moral and ethical issues raised by pre-natal genetic screening. Part V presents the legal issues raised by pre-natal genetic screening. Finally, Part VI concludes and offers a prospective on the future of these technologies.
Accomodating Vulnerabilities To Environmental Tobacco Smoke: A Prism For Understanding The Ada, Wendy E. Parmet, Mark A. Gottlieb, Richard A. Daynard
Accomodating Vulnerabilities To Environmental Tobacco Smoke: A Prism For Understanding The Ada, Wendy E. Parmet, Mark A. Gottlieb, Richard A. Daynard
Journal of Law and Health
This Article explores the use of the ADA to challenge smoking policies and the fears and questions that such a use raises. We argue that a careful appreciation of the ADA's application to ETS-related claims should temper the worries of both those who see such claims as trivializing the ADA and those who worry that such claims may impose enormous burdens on American businesses. Rather, we suggest that the ADA in this instance, as in others, provides a limited but critical vehicle for ensuring that individuals with disabilities may fully participate in public life. We suggest further that the issues …
The Liability Of Psychotherapists For Breach Of Confidentiality, Ellen W. Grabois
The Liability Of Psychotherapists For Breach Of Confidentiality, Ellen W. Grabois
Journal of Law and Health
This paper will try to reconstruct the legal and ethical underpinnings of the confidential relationship of psychotherapist and patient, and will also touch upon the psychotherapist-patient testimonial privilege and its exceptions. It will then describe the liability of psychotherapists for breach of confidentiality based on contract and tort. It will conclude with some evaluation of this type of cause of action, and its future usefulness in the law..
Tis Better To Give Than To Receive: Charitable Donations Of Medical Malpractice Punitive Damages, Nicholas M. Miller
Tis Better To Give Than To Receive: Charitable Donations Of Medical Malpractice Punitive Damages, Nicholas M. Miller
Journal of Law and Health
The purpose of this Note is not to answer the question of how excessive medical malpractice and punitive damage awards are. Many highly respected scholars on different sides of the issue have spent large portions of their careers trying to resolve that issue without finding a common ground. This author does not boldly claim to provide an answer in this limited forum. This Note does, however, address a possible source of public frustration with the state of medical malpractice and punitive damages: the lack of a principled basis for the awards that juries give to the victims. The perception among …
Malpractice And Other Legal Issues Preventing The Development Of Telemedicine , Christopher Caryl
Malpractice And Other Legal Issues Preventing The Development Of Telemedicine , Christopher Caryl
Journal of Law and Health
Even though most Americans have not heard of telemedicine, the federal government is already actively involved in "developing a national telemedicine strategy." This note attempts to accomplish the following: demonstrate the urgent need of rural communities to gain access to adequate health care; clarify how telemedicine can provide enhanced health care to rural communities; and analyze the legal obstacles that have prevented, thus far, the most beneficial utilization of telemedicine. In particular, this note will examine how malpractice claims arising from telemedicine consultations might be resolved. An important issue to recognize at the outset, and one that consistently reappears throughout …
Tell Me A Story: Using Short Fiction In Teaching Law And Bioethics, Dena S. Davis
Tell Me A Story: Using Short Fiction In Teaching Law And Bioethics, Dena S. Davis
Law Faculty Articles and Essays
For some years now, I have been experimenting with the use of short stories. Despite rich resources for stories, there remains a void best filled by fiction. When discussing fiction, we can probe, criticize, and express ourselves freely without the constraints we feel when discussing real people. Good fiction lays bare the innermost thoughts and experiences of its characters, perhaps even their dreams and nightmares, in a way that would be intrusive, uncomfortable, or impossible, even in autobiography. When the entire class reads a short story, it provides a pool of shared experience, a fixed point for discussion. Just as …
The Parma Housing Racial Discrimination Remedy Revisited, W Dennis Keating
The Parma Housing Racial Discrimination Remedy Revisited, W Dennis Keating
Law Faculty Articles and Essays
In 1980, the city of Parma, Ohio, Cleveland's largest suburban city was found guilty of violating the Fair Housing Act. Federal District Court Judge Frank Battisti imposed an extensive remedy upon Parma. Upon approval by the Sixth Circuit of the imposed remedy, its implementation began in 1982. Controversy surrounded much of the remedy, and fourteen years later following Battisti's death, Federal District Court judge Kathleen O'Malley approved a new settlment aimed at ending the court's supervision of the modified remedy after another two years. Along with the Gautreaux, Mt. Laurel, and Yonkers cases, the Parma case represents a longstanding remedy …
Right To Talk: Has Justice Antonin Scalia Compromised His Objectivity With A Public Remark?, Lloyd B. Snyder
Right To Talk: Has Justice Antonin Scalia Compromised His Objectivity With A Public Remark?, Lloyd B. Snyder
Law Faculty Articles and Essays
With two assisted suicide cases scheduled for argument before the Supreme Court this term, Justice Antonin Scalia already has publicly staked out his position on the issue. While sentiments he expressed in 1990 in Cruzan v. Director, Missouri Department of Health, 497 U.S. 261, are well-known, Scalia told an audience at Catholic University late last year that it is "absolutely plain there is no [constitutional] right to die." Is it proper for sitting judges to make such statements? While no one would deny Scalia his First Amendment right to say what he pleases, that hardly quells concerns about the advisability …
Ancient Answers To Modern Questions: Death, Dying And Organ Transplants - A Jewish Law Perspective, Stephen J. Werber
Ancient Answers To Modern Questions: Death, Dying And Organ Transplants - A Jewish Law Perspective, Stephen J. Werber
Law Faculty Articles and Essays
Core values of the Jewish heritage are life and family, not death. An interpretation of Halachah which permits a broad definition of passive euthanasia without lapsing into acceptance of active euthanasia or its more evil cousin, assisted suicide, is consistent with these values. Also consistent with these values and the Jewish tradition is a modern definition of death which recognizes advances in medical technology that were beyond the knowledge or imagination of those who created the vast body of Rabbinic law. This approach will not only ease the suffering of families, it will allow organ transplants to save the lives …
Ohio Tort Reform In 1998: The War Continues, Stephen J. Werber
Ohio Tort Reform In 1998: The War Continues, Stephen J. Werber
Law Faculty Articles and Essays
For more than a decade a war has been waged between forces seeking legislative reform of tort law, with emphasis on product liability, and the Ohio Supreme Court. The battleground has been the legislative enactments of the Ohio General Assembly. This legislation has faced consistent challenge before the court as a proper exercise of its power of judicial review. Time and time again the court's philosophical approach, predicated on a need to protect injured parties and guarantee compensation for harm, has led to determinations that given legislation fails constitutional scrutiny. In a real sense, the Court has become a super …
What Kulch Accomplished; What Kulch Left Out, Sandra J. Kerber
What Kulch Accomplished; What Kulch Left Out, Sandra J. Kerber
Law Faculty Articles and Essays
An analysis of the rights of terminated whistleblowers in Ohio, as mandated by section 4113.52 of the Ohio Revised Code and interpreted by Kulch v. Structural Fibers, Inc., 677 N.E.2d 308 (Ohio 1997).
Airbag Products Liability Litigation: State Common Law Tort Claims Are Not Automatically Preempted By Federal Legislation , Stephen D. Lichtenstein, Gerald R. Ferrera
Airbag Products Liability Litigation: State Common Law Tort Claims Are Not Automatically Preempted By Federal Legislation , Stephen D. Lichtenstein, Gerald R. Ferrera
Cleveland State Law Review
This article addresses an important and recurring issue of federalism, and attempts to resolve the tensions that exist between federal and state laws in the context of recent automobile airbag litigation. The authors trace the evolution of the preemption doctrine as it relates to airbag litigation, and write further as to how manufacturers adapt, developing business and ethical strategies of compliance to concurrent state and federal regulation. Two recent important decisions involving no airbag litigation, Tebbetts v. Ford Motor Co. and Wilson v. Pleasant, are interpretive of two provisions of the Safety Act. The former case discussed a preemption clause, …
Respect For The Bioethical Dilemmas - The Case Of Physician-Assisted Suicide, Sixty-Fifth Cleveland-Marshall Fund Lecture, John A. Robertson
Respect For The Bioethical Dilemmas - The Case Of Physician-Assisted Suicide, Sixty-Fifth Cleveland-Marshall Fund Lecture, John A. Robertson
Cleveland State Law Review
In this lecture I begin an exploration of the role that respect for human life plays in contemporary bioethics. Although many bioethical dilemmas could be chosen to illustrate this role, I will focus on the case of physician-assisted suicide. This lecture emphasizes the role that respect for human life plays in arbitrating bioethical disputes that involve physician-assisted suicide. I hope to develop some generalizations about how respect for life and autonomy, beneficence and other values interact and thus constitute or define what respect for life means for us. Part I discusses assisted suicide and the ban against actively killing. Part …
The Proper Test For Assessing The Admissibility Of Nonscientific Expert Evidence Under Federal Rule Of Evidence 702, 1997 John M. Manos Writing Competition On Evidence , Peter B. Oh
Cleveland State Law Review
Courts have fashioned various common law standards to determine the admissibility of nonscientific expert evidence. This Article examines these different standards to evince the need for harmony. Part I of this article examines the admissibility tests for nonscientific expert evidence administered by federal courts before Federal Rule of Evidence 702. The first such test appears in Frye v. United States, which establishes only expert knowledge based on a method or principle that has gained sufficient "general acceptance" can be admitted. Part I concludes by discussing the problems that plague these different applied tests and beckon for a single standard. Part …
Ohio Tort Reform In 1998: The War Continues , Stephen J. Werber
Ohio Tort Reform In 1998: The War Continues , Stephen J. Werber
Cleveland State Law Review
For more than a decade a war has been waged between forces seeking legislative reform of tort law, with emphasis on product liability, and the Ohio Supreme Court. The battleground has been the legislative enactments of the Ohio General Assembly. This legislation has faced consistent challenge before the court as a proper exercise of its power of judicial review. This article discusses the two primary cases in which the court has won its war with the legislature by replacing the legislative words and intent with judicial interpretations. Part II begins the discussion with a look at the Carrel v. Allied …
Felton V. Felton: A Case Study , James Wilsman
Felton V. Felton: A Case Study , James Wilsman
Cleveland State Law Review
The Felton decision ends years of conflict among Ohio's Appellate Districts as to whether or not the higher burden of proof of "clear and convincing evidence" is required in domestic violence cases. This article discusses the issue of whether the court inadvertently violated the constitutional rights of those individuals accused of committing acts of domestic violence. The author suggests that by abrogating the need for corroborating evidence, the Court has, in effect, made it difficult for those individuals who are innocent from protecting themselves against false allegations. Part II discusses the Felton case, while Part III briefly walks through the …
The History Of The One-Subject Rule Of The Ohio Constitution, John J. Kulewicz
The History Of The One-Subject Rule Of The Ohio Constitution, John J. Kulewicz
Cleveland State Law Review
One hundred and forty-seven years after its adoption, the one-subject rule of the Ohio Constitution continues to generate debate. What emerges from its origin at the 1850-1851 Ohio Constitutional Convention, its early application in the Pim decision and its survival at the 1873-1874 Ohio Constitutional Convention, however, are the principles that the purpose of the rule is (1) to notify legislators of the content of bills on which they vote after having dispensed with the required reading; and (2) to avoid the joinder of unrelated measures that could not win separate support during the legislative process. The one-subject clause thus …
Anderson V. St. Francis-St. George Hospital: Wrongful Living From An American And Jewish Legal Perspective , Daniel Pollack, Chaim Steinmetz, Vicki Lens
Anderson V. St. Francis-St. George Hospital: Wrongful Living From An American And Jewish Legal Perspective , Daniel Pollack, Chaim Steinmetz, Vicki Lens
Cleveland State Law Review
As advances in medical technology have kept people alive longer, the right to refuse life-sustaining treatment has taken on an even more crucial and urgent significance to dying patients and their families. While modern medicine may have learned to save lives, the lives it has saved are often severely diminished and filled with pain and suffering. Although the right to refuse life saving medical treatment is firmly embedded in our nation's laws, what to do when this right is ignored has not been firmly settled. The Anderson court answered this question by "splitting the difference." It affirmed Winter's right to …
Jones V. Chagrin Falls: Muddying The Statutory Waters Of Ohio's Administrative Law Appeal Process , Joseph W. Diemert Jr.
Jones V. Chagrin Falls: Muddying The Statutory Waters Of Ohio's Administrative Law Appeal Process , Joseph W. Diemert Jr.
Cleveland State Law Review
The common-law doctrine of failure to exhaust administrative remedies has generally been held to be a prerequisite to judicial review in statutorily defined administrative law appeal processes. Similarly, the United States Supreme Court in interpreting the federal administrative law appeal process, and the case law on Ohio's administrative law appeal process, have found that the doctrine of exhaustion is a jurisdictional bar to a declaratory judgment action except while challenging the constitutionality of a municipal or administrative decision. However, according to the holding in Jones v. Chagrin Falls, this may no longer be the case in Ohio. This article discusses …
The Strict Application Of The Restatement, Ohio Law And The Rules Of Civil Procedure: Estates Of Morgan V. Fairfield Family Counseling Center, Geoffrey M. Wardle, Jeffrey L. Mallon
The Strict Application Of The Restatement, Ohio Law And The Rules Of Civil Procedure: Estates Of Morgan V. Fairfield Family Counseling Center, Geoffrey M. Wardle, Jeffrey L. Mallon
Cleveland State Law Review
Considered by some in the mental health profession as the imposition of an onerous duty, the Ohio Supreme Court's decision in Estates of Morgan v. Fairfield Family Counseling Center represents an extension of the recognized legal duty imposed upon mental health practitioners who treat inpatients to those who treat outpatients. This created a uniform standard. The article begins in Part II by describing the story of a psychiatric patient, Matt Morgan. Part III then discusses the duty to control in the outpatient setting by going through traditional tort analysis, stare decisis, strict statutory application, and civil procedure. Part IV concludes …
The Ethical Utilization Of Paralegals In Ohio, Wendy I. Wills
The Ethical Utilization Of Paralegals In Ohio, Wendy I. Wills
Cleveland State Law Review
This article seeks to discern a bright-line rule for the unauthorized practice of law in Ohio by paralegals. Part I briefly introduces the growth of the paralegal profession in general. Part II discusses Ohio cases dealing with the unauthorized practice of law. Part III explains what legal services non-lawyers are permitted to perform under the supervision of a practicing attorney. Part IV then discusses the evolution of paralegal practice in other states before Part V summarizes what paralegals are permitted to do under Ohio law.