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Articles 1 - 6 of 6
Full-Text Articles in Law
Hazardous Jurisdiction/Chatham Steel Corporation V. Brown: A Note On Personal Jurisdiction And Cercla, Martin A. Mccrory
Hazardous Jurisdiction/Chatham Steel Corporation V. Brown: A Note On Personal Jurisdiction And Cercla, Martin A. Mccrory
Cleveland State Law Review
In 1986, the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) was amended to include, among other things, a provision for nationwide service of process. This provision greatly increased the choice of federal forums in which to sue defendants in CERCLA cases. In Chatham v. Brown, the court broke from this line of thinking and analyzed the case using a traditional constitutional Due Process analysis. Although the Chatham court ultimately held that it had personal jurisdiction over the defendants, the analysis it used may be a harbinger of things to come. That is to say, the constitutional analysis in Chatham …
The Communications Assistance For Law Enforcement Act And Protection Of Cordless Telephone Communications: The Use Of Technology As A Guide To Privacy, Basil W. Mangano
The Communications Assistance For Law Enforcement Act And Protection Of Cordless Telephone Communications: The Use Of Technology As A Guide To Privacy, Basil W. Mangano
Cleveland State Law Review
While it is now illegal to intentionally intercept cordless telephone conversations, cordless telephone users have not always been protected. Prior to October 1994 the Federal Wiretap Act did not protect cordless telephone users from private persons or law enforcement agencies who intentionally intercepted their conversations. In fact, the Electronic Communications Privacy Act of 1986 (ECPA) amended Title III of the of the Omnibus Crime Control and Safe Streets Act of 1968 to expressly exclude cordless telephone transmissions from the definition of "wire" and "electronic" communications. With the advent of new cordless technology and the ubiquitousness of the cordless telephone, Congress …
Altruism In The International Environment, Lea Brilmayer
Altruism In The International Environment, Lea Brilmayer
Cleveland State Law Review
My topic is foreign aid, certain of the attitudes that we have towards foreign aid, and what if any moral grounding those attitudes might have. While it is likely that the most drastic proposals to slash the foreign aid budget will be defeated, there is no denying that some fairly drastic measures are on the table and are being taken rather seriously. Regardless of what happens in Congress this year, and regardless of what our president decides to do about any measures that Congress does adopt, the issue is likely to crop up as important during the next presidential election. …
Drive-Through Deliveries: Indiscriminate Postpartum Early Discharge Practices Presently Necessitate Legislation Mandating Minimum Inpatient Hospital Stays, Tracy Wilson Smirnoff
Drive-Through Deliveries: Indiscriminate Postpartum Early Discharge Practices Presently Necessitate Legislation Mandating Minimum Inpatient Hospital Stays, Tracy Wilson Smirnoff
Cleveland State Law Review
"Drive-through deliveries," women delivering their babies and leaving the hospital only a few hours, rather than days, later are increasingly becoming the standard of care in the United States. This Note argues that legislation mandating minimum inpatient postpartum hospital stays is presently the best possible solution to the overreaching control MCOs have over doctors, the standard of care, and the length of hospital stays based on their willingness to cover treatment. Part H of this Note reviews the development of postpartum care during the twentieth century. This section also discusses the reasoning for the concerns regarding the early discharge of …
What Is Experimental Medical Treatment: A Legislative Definition Is Needed, Melody L. Harness
What Is Experimental Medical Treatment: A Legislative Definition Is Needed, Melody L. Harness
Cleveland State Law Review
This note focuses on the highly publicized coverage disputes involving HDCr/ABMT for the treatment of breast cancer to illustrate the problems inherent in courts judging medical technology and legislatures politicizing medical technology. The problems exist, however, with respect to every developing medical technology for which there is no consensus on its safety and effectiveness. Part II of this note depicts the typical scenario involving a patient with metastatic breast cancer. Part III outlines the drug approval process and off-label drug use. Part IV describes HDCT/ABMT treatment and discusses the lack of consensus regarding its efficacy for the treatment of breast …
Copyright On The Internet: A Critique Of The White Paper's Recommendation For Updating The Copyright Act And How The Courts Are Already Filling In Its Most Important Shortcoming, On-Line Service Provider Liability, George Smirnoff Iii
Cleveland State Law Review
The current technological challenge for American copyright law is the National Information Infrastructure (NII), which is a network of networks used to carry digital transmissions through thousands of computer networks using a common set of protocols. Currently, the Copyright Act does not expressly include works created, copied, transmitted, or performed on the NII. President Clinton formed the Information Infrastructure Task Force (the Working Group) "to articulate and implement the Administration's vision for the National Information Infrastructure." On September 5, 1995, the Working Group released the White Paper which addresses special intellectual property concerns and issues raised by the development and …