Law Commons^™

"Clerical Mistake In A Judgment" Under Israeli And American Procedural Law – A New Model, Yitshak Cohen

Cleveland State Law Review

This Article examines the development and efficiency of the procedure for correction of a clerical mistake in a judgment in the Israeli law. As is well known, the procedure offers a short and simple way to correct an error in language within a decision. The litigants may file a motion to correct a decision in the same court that granted it, without having to file an appeal in the appellate court. The difficulty, however, is that this procedure contains three fundamental flaws that might even hinder its purpose: First, the law binds the parties and the court to the same …

The Cold Vacuum Of Arms Control In Outer Space: Can Existing Law Make Some Anti-Satellite Weapons Illegal?, Jeffrey A. Murphy

Cleveland State Law Review

The current space law paradigm came into existence when two major national powers were vying for supremacy after a catastrophic world war. The nuclear age had dawned. The United Nations drafted and ratified the Outer Space Treaty under these conditions with limited foresight to the specific nature of future space activities. As more nations and private actors enter the space arena, the nature of the weapons used in space has changed, and the number of targets and opportunities for collateral damage has greatly increased.

This Note looks at the weapons aimed at space and the laws that try to govern …

The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe

Cleveland State Law Review

Responding to the problems of mass incarceration, racial disparities in justice, and wrongful convictions, scholars have focused on prosecutorial overcharging. They have, however, neglected to address undercharging—the failure to charge in entire classes of cases. Undercharging can similarly undermine the efficacy and legitimacy of the criminal justice system. While few have focused on this question in the domestic criminal law context, international law scholars have long recognized the social and structural cost for nascent democratic states when they fail to charge those responsible for the prior regime’s human rights abuses. This sort of impunity threatens the rule of law and …

Foreign Corrupt Practices Act Statistics, Theories, Policies, And Beyond, Mike Koehler

Cleveland State Law Review

The Foreign Corrupt Practices Act (FCPA) is not a new law; it was enacted in 1977. Nevertheless, 2015 was a commemorative year, as it marked the fifth anniversary of the Department of Justice declaring a “new era” of FCPA enforcement, the fifth anniversary of Congressional FCPA reform hearings, and the third anniversary of the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) issuing FCPA guidance. In addition to these mileposts, 2015 was also a notable year in several other respects as highlighted in this article.

This article, part of an annual series, paints a picture of FCPA and …

Replacing Havoc: Creating Rules For Sovereign Default, Edward J. Kelley

Cleveland State Law Review

Sovereign debt is an ongoing threat to a State’s economic stability and its citizens’ standard of living. A single occurrence of default begins a cycle in which it becomes increasingly more difficult for an indebted State to pay its debts and ensure the survival of its citizens. Because central banking systems and direct spending are often inadequate methods to boost an indebted State’s economy, a more expansive solution to sovereign debt is required. The initial solution to the growing problem of sovereign debt is an international treaty that will allow the world economy to establish monitoring mechanisms to prevent debt …

Book Review: Analyzing The Effectiveness Of The Tallinn Manual’S Jus Ad Bellum Doctrine On Cyberconflict,: A Nato-Centric Approach, Terence Check

Cleveland State Law Review

Review of: Tallinn Manual on the International Law Applicable to Cyber Warfare, Michael Schmitt, ed., New York: Cambridge University Press, 2013.

Disparate Protections For American Human Trafficking Victims , Amanda Peters

Cleveland State Law Review

The federal government places victims, for the purpose of receiving protections, into two categories: first, international victims and second, American citizens or permanent residents. If an international trafficking victim qualifies to receive services as a result of having been trafficked, the United States will provide refugeelike protections through the TVPA. These protections include housing, food, cash assistance, job training, counseling, medical care, legal assistance, and other services that are available for a period of several years. Victims who are Americans, on the other hand, must find protection elsewhere. The United States government specifically excludes its own trafficked citizens from receiving …

The Unconstitutionality Of Oklahoma's Sq 755 And Other Provisions Like It That Bar State Courts From Considering International Law, Penny M. Venetis

Cleveland State Law Review

This paper will discuss SQ 755's many legal deficiencies, focusing primarily on its constitutional infirmities. First, SQ 755 is a clear violation of the Supremacy Clause of Article VI of the U.S. Constitution. The prohibition on looking to international law requires that Oklahoma courts disregard U.S. treaty obligations, and the law of nations (also known as customary international law), which are all binding on American courts. Second, SQ 755 unconstitutionally limits a state's duty to give full faith and credit to the judicial decisions of other states. The law is clear that no state has the authority to condition its …

The Modern Version Of The Shot Heard 'Round The World: America's Flawed Revolution Against The International Criminal Court And The Rest Of The World, Sasha Markovic

Cleveland State Law Review

At a conference in Rome, nations from around the globe created the International Criminal Court to hold accountable and punish those responsible for genocide, war crimes and crimes against humanity. When the moment of truth arrived for the United States, the United States opposed the formation of the International Criminal Court. Moreover, in response to the existence of the Court, the United States took measures to insulate itself from the jurisdiction of the Court by enacting the American Servicemembers' Protection Act. The United States justified its opposition and actions against the Court by stating that the Court was a fatally …

Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden

Cleveland State Law Review

This article thus takes a close look at one of the most important of the elements of the new international legal order which human rights activists promote, the International Criminal Tribunal for the Former Yugoslavia (ICTY). It finds that the ICTY delivers a "justice" that is biased, with prosecutorial decisions based on the national characteristics of the accused, rather than on what available evidence indicates that he has done. Evidence of this bias is found in the failure to prosecute NATO personnel for acts that are comparable to those of Yugoslavs already indicted, and of failure to prosecute NATO personnel …

International Jurisdiction And Prosecutorial Crimes, The Seventieth Cleveland-Marshall Fund Lecture , Richard J. Goldstone

Cleveland State Law Review

The topic of this address is international jurisdiction and prosecutorial crimes. Two distinct but pervasive issue-areas arise when discussing international jurisdiction and prosecutorial crimes. The first relates to the ability of domestic or national courts, whether in the United States or any other country, to try people for international crimes committed either within or outside their borders. The second concerns the establishment of supra-national or international courts with inherent international criminal jurisdiction. I believe that these two facets of the enforcement of international criminal law are neither inconsistent, nor contradictory. I am convinced that in principle and in practice, national …

The Genesis Of Russian Secured Transaction Law Before 1917, Konstantin Osipov

Cleveland State Law Review

This article will begin by briefly explaining the characteristics of methods of securing performance of obligations in Russia. Then the article will focus on one method of securing the performance of obligations, namely the mortgage/pledge being used in Russian law under one common term-zalog. The article will trace the development of the mortgage/pledge from Roman law, and then will examine the role of the zalog in Russian law prior to 1917. A historical examination of the methods of securing the performance of obligations is especially relevant today since the developing Russian law is utilizing concepts as they existed prior to …

From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman

Cleveland State Law Review

This note argues that international law, properly informed by the Nuremberg principles, deserves consistent application by the ad hoc International Tribunal (hereinafter Yugoslav Tribunal) in "prosecute[ing] persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia [since] 1991 . .. ." At the request of the Security Council of the United Nations (hereinafter UN), the UN Secretary-General submitted a proposal to create the Yugoslav Tribunal to prosecute responsible persons in the former Yugoslavia. The Security Council approved that report and, acting under Chapter VII of the United Nations Charter, adopted the Statute of …

Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi

Cleveland State Law Review

This article investigates the legal methods used to regulate professional training under Soviet labor law. It will examine relevant norms of labor legislation, the views of Soviet labor law specialists, and existing practice.

The Genesis Of Russian Secured Transaction Law Before 1917, Konstantin Osipov

Cleveland State Law Review

This article will begin by briefly explaining the characteristics of methods of securing performance of obligations in Russia. Then the article will focus on one method of securing the performance of obligations, namely the mortgage/pledge being used in Russian law under one common term-zalog. The article will trace the development of the mortgage/pledge from Roman law, and then will examine the role of the zalog in Russian law prior to 1917. A historical examination of the methods of securing the performance of obligations is especially relevant today since the developing Russian law is utilizing concepts as they existed prior to …

Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck

Cleveland State Law Review

This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …

The Legal Regulation Of Foreign Investment In Russia, Vladimir F. Popondopulo

Cleveland State Law Review

The legal regulation of foreign investment in Russia is carried out in accordance with the Statute of the Russian Federation dated July 4, 1991, entitled, "Concerning Foreign Investment in the Russia Federation and in accordance with several other basic laws. The statute prescribes the concept of foreign investment and the forms in which it may take effect, the procedure for the creation, operation and liquidation of foreign investment business enterprises, the procedure for the acquisition by foreign investors of ownership shares in the enterprise, its stock or other securities, the procedure for the acquisition by the foreign investor of the …

From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman

Cleveland State Law Review

This note argues that international law, properly informed by the Nuremberg principles, deserves consistent application by the ad hoc International Tribunal (hereinafter Yugoslav Tribunal) in "prosecute[ing] persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia [since] 1991 . .. ." At the request of the Security Council of the United Nations (hereinafter UN), the UN Secretary-General submitted a proposal to create the Yugoslav Tribunal to prosecute responsible persons in the former Yugoslavia. The Security Council approved that report and, acting under Chapter VII of the United Nations Charter, adopted the Statute of …

The Sixth Circuit's Unprecedented Reopening Of Demjanjuk V. Petrovsky, Deborah Roy

Cleveland State Law Review

In light of the criticism that the Sixth Circuit has received, this note will examine the authority of the court to reopen the Demjanjuk case in June, 1992.

Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck

Cleveland State Law Review

This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …

The Sixth Circuit's Unprecedented Reopening Of Demjanjuk V. Petrovsky, Deborah Roy

Cleveland State Law Review

In light of the criticism that the Sixth Circuit has received, this note will examine the authority of the court to reopen the Demjanjuk case in June, 1992.

The Legal Regulation Of Foreign Investment In Russia, Vladimir F. Popondopulo

Cleveland State Law Review

The legal regulation of foreign investment in Russia is carried out in accordance with the Statute of the Russian Federation dated July 4, 1991, entitled, "Concerning Foreign Investment in the Russia Federation and in accordance with several other basic laws. The statute prescribes the concept of foreign investment and the forms in which it may take effect, the procedure for the creation, operation and liquidation of foreign investment business enterprises, the procedure for the acquisition by foreign investors of ownership shares in the enterprise, its stock or other securities, the procedure for the acquisition by the foreign investor of the …

Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi

Cleveland State Law Review

This article investigates the legal methods used to regulate professional training under Soviet labor law. It will examine relevant norms of labor legislation, the views of Soviet labor law specialists, and existing practice.

Forcing Sovereign Conformity: The Comprehensive Anti-Apartheid Act Of 1986, Joseph L. Miljak

Cleveland State Law Review

One focus of this Note is to analyze the international repercussions of the Anti-Apartheid Act within the context of United States foreign policy, the sovereignty rights of South Africa, the jurisdiction of United States courts to pass on violations of the Act, and United Nations provisions governing interference with the economy of a foreign government. However, before any discussion of the international legality of this Act can take place, its domestic legality must be determined. Therefore, before looking to international justifications for the Act, this Note will analyze it within the context of United States constitutional law. This analysis will …

The Foreign Affairs Power: The Dames & (And) Moore Case, David F. Forte

Cleveland State Law Review

In 1981, the Supreme Court decided Dames & Moore v. Regan. According to the modest view of the majority opinion, the Dames & Moore case is not even a brick, with or without straw. As Justice Rehnquist stated for the Court: "We attempt to lay down no general 'guide-lines'...and attempt to confine the opinion only to the very questions necessary to the decision of the case." A second look, however, reveals that in Dames & Moore, the Supreme Court did more than resolve some of the sticky legalities that were part of a serious foreign policy crisis. It also moved …

Executive Order 12,114 - Environmental Effects Abroad: Does It Really Further The Purpose Of Nepa, Francis M. Allegra

Cleveland State Law Review

Executive order 12,144 is a cross-product of two separate vectors. On one axis it is a statement of foreign policy directing administrative review of the extra territorial environmental effects of major federal activities. On the other it is an alleged resolution of a long-standing intergovernmental controversy concerning the applicability of the National Environmental Policy Act of 1969 to major federal actions having solely nondomestic environmental impacts. In either context, the Order should be viewed as an attempt by the United States to assume a more responsible role in world environmental affairs. This note will examine the Executive Order and compare …

Executive Order 12,114 - Environmental Effects Abroad: Does It Really Further The Purpose Of Nepa, Francis M. Allegra

Cleveland State Law Review

Executive order 12,144 is a cross-product of two separate vectors. On one axis it is a statement of foreign policy directing administrative review of the extra territorial environmental effects of major federal activities. On the other it is an alleged resolution of a long-standing intergovernmental controversy concerning the applicability of the National Environmental Policy Act of 1969 to major federal actions having solely nondomestic environmental impacts. In either context, the Order should be viewed as an attempt by the United States to assume a more responsible role in world environmental affairs. This note will examine the Executive Order and compare …

The Final Act Of The Helsinki Conference: An Artists' Liberation Movement Or A Voyage To Laputa, James A. R. Nafziger

Cleveland State Law Review

The Final Act of the Conference on Security and Co-Operation in Europe, often referred to as the "Helsinki Accords," has important implications for art and artists. The Final Act applies to three broad categories of art law issues: cultural cooperation and exchange of cultural material; the rights of individual artists; and other international cooperation. This study will examine each of these categories in the context of a current or recent problem, consider pertinent provisions of the Final Act, and conclude with a brief recommendation and forecast.

Consular Officer's Amenability As Witness, Stephen J. Werber

Cleveland State Law Review

Contrary to the extensive immunities granted to members of the diplomatic service, members of consular posts are given only limited privileges and immunities. The existence and limitation of consular immunities arise by virtue of the office. Thus the consular officer can be called upon to testify in both civil and criminal matters under common law, international law, and treaty provision. In the absence of a treaty, consuls are generally exempt from giving testimony relating to matters acquired within the scope of their official duties or as to material contained in the consular archives. The purpose of this paper is to …

Law Of Outer Space - Summarized, Jeffrey Prevost

Cleveland State Law Review

I hope that by this paper I can show that the body of knowledge concerning outer space, and the present capabilities of exploitation of space actually warrant immediate codification of boundaries of permissible extraterrestrial activities. The rate of change of acquisition of scientific knowledge and technological ability has increased geometrically since the end of the Dark Ages. From this it should be evident that, even if we feel that space does not warrant our legal consideration at this stage of development, the time of practical exploitation may be so close at hand that a prior formulation of policy and law …