Digital Commons Network^™

Can A Worker's Arbitration Agreement Prevent The Eeoc From Seeking Victim-Specific Relief?, Jay E. Grenig

Faculty Publications

No abstract provided.

Must The Alleged Rico “Person” And The Alleged Rico “Enterprise” Be Distinct Under § 1962(C)?, Jay E. Grenig

Faculty Publications

No abstract provided.

Can The Fcc Regulate The Placement Of Wireless Equipment And Internet Service Attachments On Utility Poles?, Jay E. Grenig

Faculty Publications

No abstract provided.

Does The “Income First” Rule In The Wisconsin Spousal Impoverishment Statute Conflict With Federal Law?, Jay E. Grenig

Faculty Publications

No abstract provided.

What Triggers The Statute Of Limitations For Violations Of The Fair Credit Reporting Act?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

The Privacy Of Elders, Michael K. Mcchrystal

Faculty Publications

No abstract provided.

Social Security Reform: Creating Transformative Opportunities For African Americans, Phoebe Weaver Williams

Faculty Publications

Williams first discusses, from a historical perspective, the discriminatory results of past Social Security legislation and revisions, and why Social Security benefits still provide African American workers with lower benefits. The arguments for both the proponents and opponents of privatization are explored. Special attention is given to the difficulties African Americans encounter in obtaining disability benefits. The conclusion suggests that an opportunity for improvements is at hand.

Teaching Comparative Law In The 21st Century: Beyond The Civil/Common Law Dichotomy, Michael P. Waxman

Faculty Publications

No abstract provided.

Ellison As Social Critic: A Party Down At The Square And The Problem Of Lynching, J. Gordon Hylton

Faculty Publications

No abstract provided.

Unfriendly Actions: The Amicus Brief Battle At The Wto, Andrea Kupfer Schneider

Faculty Publications

No abstract provided.

Law, Cinema, And Ideology: Hollywood Legal Films Of The 1950s, David Ray Papke

Faculty Publications

No abstract provided.

Another Misunderstood Relation: Confidentiality And The Duty To Report, Peter K. Rofes

Faculty Publications

No abstract provided.

A Usage-Based Simulation Of Spanish S-Weakening, David Eddington

Faculty Publications

The pronunciation of Spanish /s/ as an aspirate [h] (or its deletion) is studied in a usagebased simulation that assumes that prior linguistic experiences are stored as memory traces, and that these stored experiences, instead of generalizations abstracted from them, are the source of the knowledge speakers have of their language. This exploratory simulation was carried out using the algorithm of Analogical Modeling of Language (Skousen 1989, 1992).

Professionalism In Librarianship: Shifting The Focus From Malpractice To Good Practice, Randy J. Diamond, Martha Dragich

Faculty Publications

Much of the previous discussion in library literature about professional standards concerns librarian malpractice risks. After explaining why these risks have not materialized, this article examines the role of professional standards in fostering good practice in librarianship. Components of good practice include professional knowledge, core competencies, and professional values.

A Government Of Laws And Also Of Men: Judge William K. Thomas, R. Lawrence Dessem

Faculty Publications

Judge William K. Thomas served for more than forty years as a common pleas judge and as a judge for the United States District Court for the Northern District of Ohio. During his service on the state and federal bench, Judge Thomas epitomized the qualities of fairness, integrity, justice, and compassion that we expect in our judiciary. This article highlights some of the qualities that made Judge Thomas a truly great judge, as well as some of the highlights of his judicial career. It is written as a memorial tribute by one of his former law clerks.

Remembering Judge Hugh R. Jones, Douglas E. Abrams, Mary Lou Crowley

Faculty Publications

Remembering Judge Huge R. Jones

Palazzolo, Lucas, And Penn Central: The Need For Pragmatism, Symbolism, And Ad Hoc Balancing, F. Patrick Hubbard

Faculty Publications

The constitutional right to compensation for a governmental taking of property is relatively easy to apply in situations involving a straightforward, physical appropriation of land for a public use like a highway. However, difficulties arise when governmental action consists only of rules that limit an owner's use of land. In most situations, these limits are viewed as burdens an individual is properly subject to as a citizen and land owner. From this perspective, the exercise of the "police power" of the government, which has traditionally been used to prohibit public and private harms, does not usually involve a taking of …

When Is Failing To Advise A Defendant Of His Right To Counsel Harmless Error?, Jay E. Grenig

Faculty Publications

No abstract provided.

Cybercoverage For Cyber-Risks: An Overview Of Insurers' Responses To The Perils Of E-Commerce, Robert H. Jerry Ii, Michele L. Mekel

Faculty Publications

With nearly seven percent of the world's population currently online and e-commerce forecast to hit $6.8 trillion by 2004, one need not be Nostradamus to predict that the Internet means great change for all industries - including the insurance industry. Presently, however, the proverbial cart is leading the horse as the insurance industry struggles to develop strategies to quantify, cover, and contain "cyber-risks." Policyholders also face new challenges as they confront the possibility that their traditional insurance coverages are woefully inadequate either to secure their electronic and intellectual property assets or to guard against their potential e-commerce liabilities to third …

Hair Comparison Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Judicial Supermajorities And The Validity Of Statutes: How Mapp Became A Fourth Amendment Landmark Instead Of A First Amendment Footnote, Jonathan L. Entin

Faculty Publications

No abstract provided.

Character Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

“Other Acts” Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Gap Fillers And Fiduciary Duties In Strategic Alliances, George W. Dent

Faculty Publications

This Article describes the evolution of strategic alliances and their dependence on trust between the allies. It then discusses the general theory of gap fillers and fiduciary duties and the inevitability of major gaps in strategic alliance contracts. Finally, it combines these elements to derive conclusions about the proper role of gap fillers and fiduciary duties in strategic alliances.

Irreconcilable Differences: Congressional Treatment Of Internet Service Providers As Speakers, Raymond Shih Ray Ku

Faculty Publications

This Article argues that under the CDA and OCILLA, Congress adopted facially inconsistent approaches towards ISP liability for expression. Nonetheless, despite the overt differences, it is possible to discern an underlying principle for determining when ISPs should be considered speakers that reconciles this inconsistency. Put simply, the CDA and OCILLA support an approach toward determining when ISPs are speakers that focuses on whether an ISP exercises editorial control over its network. This approach is evidenced by the fact that both statutes recognize that ISPs are able to exercise editorial control over any and all content on their networks, and both …

Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Use Of Placebos In Clinical Trials: Responsible Research Or Unethical Practice?, Sharona Hoffman

Faculty Publications

Developments in medical research have been occurring at a rapidly increasing rate during the past two decades. Expanding budgets, augmented computer capabilities, and new research tools have all dramatically enhanced research technology. Accompanying the proliferation of medical research are increasing concerns about research risks. This article focuses on placebo-controlled clinical trials. The use of placebos enables clinical investigators to compare results from subjects taking an experimental intervention to results from a group that is receiving an inactive substance, such as a sugar pill, in order to determine the efficacy of the new medication. In recent years, some surgeons have also …

Introduction - George A. Leet Business Law Symposium: The Future Of Private Equity Financing, George W. Dent

Faculty Publications

Introducation to George A. Leet Business Law Symposium: The Future of Private Equity Financing, Cleveland, Ohio.

Naturalized Epistemology And The Critique Of Evidence Theory, Dale A. Nance

Faculty Publications

In this article I give a mixed review Allen and Leiter’s naturalized epistemology theory of evidence. I applaud their focus on naturalized epistemology, but I question the claims that they argue follow from it. In some ways, my reaction is that they have not gone far enough in pressing its implications, and I attempt to suggest how further progress might be made along this path. On the whole, I conclude that the antipathy toward algrithms expressed by Allen and Leiter is misplaced.

Grave Secrets: Ethical And Legal Analysis Of Postmortem Confidentiality, Jessica Wilen Berg

Faculty Publications

*A young man finds a letter from his recently deceased's mother's therapist and calls the psychologist to get information about whether his mother sought counseling because of difficulties in their relationship. The therapist reassures the son that his mother came for help in dealing with her terminal illness.

*A now-adult child sues her deceased father's physician for failing to warn her that her father's death when she was 10 years old was due to colon cancer, a potentially inheritable disease.

*Following the death of Linda McCartney, a number of newspapers reporters, suspecting physician-assisted suicide, demanded access to her death certificate …