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Articles 31 - 60 of 74

Full-Text Articles in Law

Getting Serious About An International Criminal Court, Michael P. Scharf Feb 1997

Getting Serious About An International Criminal Court, Michael P. Scharf

Faculty Publications

No abstract provided.


Introduction: The Law-Medicine Center 50th Anniversary Symposium: The Field Of Health Law: It’S Past And Future, Maxwell J. Mehlman Feb 1997

Introduction: The Law-Medicine Center 50th Anniversary Symposium: The Field Of Health Law: It’S Past And Future, Maxwell J. Mehlman

Faculty Publications

Introduction to The Law-Medicine Center 50th Anniversary Symposium: The Field of Health Law: Its Past and Future, Cleveland, Ohio 2004.


The Law Of Above Averages: Leveling The New Genetic Enhancement Playing Field, Maxwell J. Mehlman Feb 1997

The Law Of Above Averages: Leveling The New Genetic Enhancement Playing Field, Maxwell J. Mehlman

Faculty Publications

In this article, I will explore some of the legal implications of this emerging technology-the technology of genetic enhancement. Specifically, I will discuss how the law might respond to two related consequences: an increase in social inequality, and the


Introduction - Kyl Amendment Symposium, Maxwell J. Mehlman Feb 1997

Introduction - Kyl Amendment Symposium, Maxwell J. Mehlman

Faculty Publications

Introduction to the Symposium: Medicare Private Contracting (The KYL Amendment), Cleveland, Ohio, 2000.


Introduction, Symposium National Health Care Reform: The Legal Issues, Maxwell J. Mehlman Feb 1997

Introduction, Symposium National Health Care Reform: The Legal Issues, Maxwell J. Mehlman

Faculty Publications

Introducation to the Symposium: National Health Care Reform: The Legal Issues, Cleveland, Ohio, 1995.


The Human Genome Project And The Courts: Gene Therapy And Beyond, Maxwell J. Mehlman Feb 1997

The Human Genome Project And The Courts: Gene Therapy And Beyond, Maxwell J. Mehlman

Faculty Publications

No abstract provided.


Symposium: Workshop On Inherited Breast Cancer In Jewish Women: Ethical, Legal, And Social Implications, Maxwell J. Mehlman Jan 1997

Symposium: Workshop On Inherited Breast Cancer In Jewish Women: Ethical, Legal, And Social Implications, Maxwell J. Mehlman

Faculty Publications

Introducation to Symposium: Workshop on the BRCA1 Breast Cancer Gene in the Jewish Population, Cleveland, Ohio, 1997.


Response To David Nimmer, ‘Copyright In The Dead Sea Scrolls: Authorship And Originality’, Martha Woodmansee Jan 1997

Response To David Nimmer, ‘Copyright In The Dead Sea Scrolls: Authorship And Originality’, Martha Woodmansee

Faculty Publications

Response to David Nimmer's article "Authorship and Originality."


On The Author Effect: Recovering Collectivity, Martha Woodmansee Jan 1997

On The Author Effect: Recovering Collectivity, Martha Woodmansee

Faculty Publications

No abstract provided.


Introduction: Prosecutorial Ethics And The Right To A Fair Trial: The Role Of The Brady Rule In The Modern Criminal Justice System, Lewis R. Katz Jan 1997

Introduction: Prosecutorial Ethics And The Right To A Fair Trial: The Role Of The Brady Rule In The Modern Criminal Justice System, Lewis R. Katz

Faculty Publications

Introduction to the Introduction Symposium: Prosecutorial Ethics and the Right to a Fair Trial: The Role of the Brady Rule in the Modern Criminal Justice System, Cleveland, Ohio, 2007.


Symposium On The Fortieth Anniversary Of Mapp V. Ohio - Forward, Lewis R. Katz Jan 1997

Symposium On The Fortieth Anniversary Of Mapp V. Ohio - Forward, Lewis R. Katz

Faculty Publications

Foreword to the Symposium on the Fortieth Anniversary of Mapp v. Ohio, Cleveland, Ohio, 2001.


Mapp After Forty Years: Its Impact On Race In America, Lewis R. Katz Jan 1997

Mapp After Forty Years: Its Impact On Race In America, Lewis R. Katz

Faculty Publications

No abstract provided.


United States V. Ross: Evolving Standards For Warrantless Searches, Lewis R. Katz Jan 1997

United States V. Ross: Evolving Standards For Warrantless Searches, Lewis R. Katz

Faculty Publications

The purpose of this Article is to examine the Ross decision and its implications for related fourth amendment areas. It will also discuss the automobile exception, the broad scope of warrantless searches, and the possible emergence of a public place-proba


Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz Jan 1997

Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz

Faculty Publications

No abstract provided.


Gideon's Trumpet: Mournful And Muffled, Lewis R. Katz Jan 1997

Gideon's Trumpet: Mournful And Muffled, Lewis R. Katz

Faculty Publications

The scope of this article is four-fold: (1) a description of the principal methods used to provide legal assistance to persons charged with criminal offenses; (2) a discussion of when legal assistance is constitutionally required and actually needed; (3)


Municipal Courts--Another Urban Ill, Lewis R. Katz Jan 1997

Municipal Courts--Another Urban Ill, Lewis R. Katz

Faculty Publications

No abstract provided.


The Municipal Bond Interst Exemption: Comments On A Running Battle, Leon Gabinet Jan 1997

The Municipal Bond Interst Exemption: Comments On A Running Battle, Leon Gabinet

Faculty Publications

Ever since the enactment of the Revenue Act of 1913 there has been continued debate surrounding the exemption given to municipal bond interest. More recently a variety of alternatives to the interest exemption have been suggested in an effort to correct t


Economic Performance And Progressive Jackpots: A Better Analysis, Erik M. Jensen Jan 1997

Economic Performance And Progressive Jackpots: A Better Analysis, Erik M. Jensen

Faculty Publications

No abstract provided.


Skunk Works Bill Contains Some Stinky Provisions, Erik M. Jensen Jan 1997

Skunk Works Bill Contains Some Stinky Provisions, Erik M. Jensen

Faculty Publications

No abstract provided.


Presumed Consent To Organ Donation: A Reevaluation, Maxwell J. Mehlman Jan 1997

Presumed Consent To Organ Donation: A Reevaluation, Maxwell J. Mehlman

Faculty Publications

his paper examines the presumed consent approach from a practical, legal and ethical perspective. It concludes that presumed consent for harvesting cadaveric organs a may be a viable policy alternative, but that research in a number of specific areas is needed before the policy can be endorsed.


Liability For Prescribing Intravenous Injection Equipment To Iv Drug Users, Maxwell J. Mehlman Jan 1997

Liability For Prescribing Intravenous Injection Equipment To Iv Drug Users, Maxwell J. Mehlman

Faculty Publications

In the absence of widespread publicly sponsored needle exchange programs, the proposal has been made that physicians prescribe syringes and needles to intravenous (IV) drug users in order to reduce the risk of infection from HIV and other diseases that could result from needle sharing. One question is whether physicians who engage in this behavior, as well as pharmacists who fill the prescriptions, face a significant threat of malpractice liability if the IV drug user or someone else, perhaps an innocent bystander, is harmed as a result of the prescribed equipment. No such cases have been reported, per- haps because …


The Ethics Of Judicial Decision-Making Regarding Custody Of Minor Children: Looking At The Best Interests Of The Child" And The "Primary Caretaker" Standards As Utility Rules, Kathryn Mercer Jan 1997

The Ethics Of Judicial Decision-Making Regarding Custody Of Minor Children: Looking At The Best Interests Of The Child" And The "Primary Caretaker" Standards As Utility Rules, Kathryn Mercer

Faculty Publications

This article will examine how a judge's ethical framework can influence the outcome of a custody award, even where the same "child-centered" standard is ostensibly being used. This article uses three cases from the Supreme Court of Nebraska to demonstrate that the "best interests of the child" standard can be used: 1) to award a parent custody because parents have near absolute rights (an example of rule deontology); 2) to deny a parent custody because the par ent is unfit (an example of rule utilitarianism); or 3) to deny a parent custody because the child's life needs stability (an example …


The Automobile Exception Transformed: The Rise Of A Public Place Exemption To The Warrant Requirement, Lewis R. Katz Jan 1997

The Automobile Exception Transformed: The Rise Of A Public Place Exemption To The Warrant Requirement, Lewis R. Katz

Faculty Publications

The Supreme Court in recent years has aggressively pursued restrictions on a person's Constitutional protections from unreasonable searches and seizures. Perhaps no better example exists of the radically changing fourth amendment analysis than the automobile exception to the warrant requirement This exception allows a law enforcement official with probable cause to believe that evidence of a crime is hidden in a vehicle to search that vehicle without obtaining a search warrant This Article explores the genesis and unchecked growth of the automobile exception from a necessary outgrowth of the exigencies of protecting police officers and preventing tampering with evidence, to …


Judicial Review Of Customs Service Actions, Peter M. Gerhart Jan 1997

Judicial Review Of Customs Service Actions, Peter M. Gerhart

Faculty Publications

This article is based on a report prepared for the Administrative Conference of the United States in connection with its study of judicial review of actions taken by the U.S. Customs Service. The recommendations herein were adopted in substantially identical form by the Administrative Conference at its September 19, 1977, plenary session. The article examines the present availability and scope if review of administrative decisions of the U.S. Customs Service. The author analyzes the overall operation if the Customs Service, procedures for internal review of Customs ,decisions and for assessment of penalties and other sanctions, and the distribution if jurisdiction …


The Case For A Permanent International Truth Commission, Michael P. Scharf Jan 1997

The Case For A Permanent International Truth Commission, Michael P. Scharf

Faculty Publications

This Article presents the case for the establishment of a permanent international truth commission as an adjunct to a permanent international criminal court or domestic prosecutions. Such a commission would be available to countries in the aftermath of situations involving grave humanitarian or human rights crimes. From the experience of the several international and national truth commissions established to date, this Article seeks to distill a framework for a pro- posed permanent international truth commission which would avoid the major problems that afflicted its predecessors. A draft statute for a permanent international truth commission is appended at the end of …


American Innocence, Robert N. Strassfeld Jan 1997

American Innocence, Robert N. Strassfeld

Faculty Publications

The sad fact is that our relationship to torture and other atrocities is more complicated and less innocent than we or President Bush would like to believe. This article examines that relationship and the ways in which we try to distance ourselves from torture and atrocity. Part II briefly explores our notions of exceptionalism and innocence. Part III then turns to our efforts to evade responsibility for torture and atrocity. First, it briefly discusses ways in which we try to deny our own acts of torture and abuse through rhetorical misdirection and by relegating torture to the shadows. Part III's …


Terry V. Ohio At Thirty: A Revisionist View, Lewis R. Katz Jan 1997

Terry V. Ohio At Thirty: A Revisionist View, Lewis R. Katz

Faculty Publications

In this Article, I suggest that, while the Warren Court provided a needed tool to police, it failed to achieve its stated purpose of tying the practice to the Fourth Amendment reasonableness standard. First, the Court failed to adequately define an "investigatory stop," leading later courts to harden the definition, eliminating the Fourth Amendment from most on-the-street police-citizen encounters. Second, the facts in Terry failed to meet the reasonableness standard Chief Justice Warren purported to apply and which subsequently has been further weakened in later cases. Finally, the decision in Terry failed to strike a meaningful Fourth Amendment balance between …


United States Supreme Court: 1997 Term, Paul C. Giannelli Jan 1997

United States Supreme Court: 1997 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


Dog That Rarely Barks: Why The Courts Won't Resolve The War Powers Debate, Jonathan L. Entin Jan 1997

Dog That Rarely Barks: Why The Courts Won't Resolve The War Powers Debate, Jonathan L. Entin

Faculty Publications

There is a certain irony about the stimulating papers by Louis Fisher and Peter Shane: the political scientist, Fisher, makes a normative constitutional argument of the sort typically made by legal scholars; the legal scholar, Shane, makes an institutional and policy analysis of the sort typically made by political scientists. Nevertheless, these papers share a common theme: that the President does not and should not have unfettered or unilateral power in the war-making area. Both also focus on war powers rather than other aspects of foreign affairs such as treaties and executive agreements, but their approaches have implications for those …


Synecdoche And The Presidency: The Removal Power As Symbol, Jonathan L. Entin Jan 1997

Synecdoche And The Presidency: The Removal Power As Symbol, Jonathan L. Entin

Faculty Publications

In this brief comment I want to explore the reasons for this phenomenon. I will illustrate my point by reference to the seminal case of Myers v. United States, which is not discussed in the symposium contribution by Calabresi and Yoo not surprising, because that case was decided well after the period upon which they focus here. After that, I will suggest some reasons why the removal power, despite its limited substantive importance, retains its grip on the academic and political imagination.