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Articles 1 - 11 of 11
Full-Text Articles in Law
Professional Education In Medicine And Law: Structural Differences, Common Failings, Possible Opportunities, Roger C. Cramton
Professional Education In Medicine And Law: Structural Differences, Common Failings, Possible Opportunities, Roger C. Cramton
Cleveland State Law Review
Medicine and law emerged in the early decades of the twentieth century as strong, highly organized professions with high status, increasing rewards, and growing autonomy. Professional claims of esoteric knowledge, collegial solidarity, and disinterestedness were accepted by members of the profession and the general public. Professional schools in both disciplines forged university connections and achieved dominant positions in the preparation of new professionals. Patterns of medical and legal education established during this formative period, extending roughly from 1890 to 1920, have been highly persistent. Despite these similarities, educators in the two professions have proceeded in isolation from one another. There …
The Changing Course: The Use Of Precedent In The District Of Columbia Circuit, Patricia M. Wald
The Changing Course: The Use Of Precedent In The District Of Columbia Circuit, Patricia M. Wald
Cleveland State Law Review
An article by my colleague Judge Edwards uses a series of computer runs from the court's 1983 term to make out a statistical case that our members mostly agree with each other and do not fall into predictable "conservative," “liberal," or even "moderate," voting blocs; labels that the press so dearly loves to pin on us. I agree that our votes in a large number of cases, particularly administrative law cases, do not so easily typecast us. I do, however, think that in the high visibility cases, involving controversial social or "moral" issues, our differences in judicial philosophy, on the …
Mini In Banc Proceedings: A Survey Of Circuit Practices, Steven Bennett, Christine Pembroke
Mini In Banc Proceedings: A Survey Of Circuit Practices, Steven Bennett, Christine Pembroke
Cleveland State Law Review
In banc review was originally intended to resolve conflicts in circuit precedent. Full-scale in banc proceedings, however, are cumbersome, costly and time-consuming. In determining whether to proceed with in banc review, courts appear to weigh the costs of in banc review against its potential benefits. Employing this calculus, courts often forgo in banc review in conflict cases that would otherwise receive such treatment. One solution to this problem is to reduce the cost and delay of in banc proceedings by streamlining the procedure. Recently, several federal circuit courts of appeals have adopted abbreviated forms of in banc review. The purpose …
The Eighth Amendment And Capital Punishment Of Juveniles, Victor L. Streib
The Eighth Amendment And Capital Punishment Of Juveniles, Victor L. Streib
Cleveland State Law Review
The practice of imposing the death penalty for crimes committed while under the age of eighteen has occurred sporadically but persistently throughout American history. It gives every indication of continuing in this mode under current law and practice. Greatly differing approaches are followed by the various states as to the authorization and imposition of capital punishment for juveniles. This article explores the existence of a constitutionally-mandated minimum age below which the states may not venture in carrying out this practice. If such a nationwide minimum age exists or should exist, its justification can be found in current interpretations of the …
Analyzing The Competitive Effects Of Mergers: Is There Anything Special About Railroads, Robert S. Stillman
Analyzing The Competitive Effects Of Mergers: Is There Anything Special About Railroads, Robert S. Stillman
Cleveland State Law Review
Empirical evidence demonstrates that mergers, on average, create value for shareholders of the merging firms. The relevant question from an antitrust perspective, however, is the source of these gains. Increased efficiency is one possibility. It is also possible that in some cases merger gains derive not from enhanced efficiency, but rather from an enhanced ability to realize "monopoly profits." To determine whether a proposed merger is likely to be pro- or anti-competitive, economists often follow the approach outlined in the United States Justice Department's Merger Guidelines and ask whether the merger seems likely to facilitate collusion. In reviewing the competitive …
Righting The Titled Scale: Expansion Of Artists' Rights In The United States, Colleen P. Battle
Righting The Titled Scale: Expansion Of Artists' Rights In The United States, Colleen P. Battle
Cleveland State Law Review
This Note focuses on the expansion of artists' rights in the United States, specifically the moral rights of paternity and integrity. It explores the history of judicial denial of moral rights and the attempt to gain protection through traditional causes of action. The Note then analyzes barriers to adoption of the moral rights doctrine, with emphasis on the challenge to traditional property concepts. The California Art Preservation Act of 1980 and the 1984 Artists' Authorship Act of New York are discussed and evaluated. This Note recommends adoption of the California statute as the model for future artists' rights legislation and …
Reflections On The Adr Movement, Robben W. Fleming
Reflections On The Adr Movement, Robben W. Fleming
Cleveland State Law Review
ADR, the acronym that identifies the alternative dispute resolution movement, derives its current popularity from widespread dissatisfaction with the present system of justice. Thus, ADR both proposes and promotes "alternative" ways of dealing with disputes which would otherwise be the subject of litigation. In truth, there is nothing very new about the criticism directed at the legal profession, the courts, and the adjudicatory systems in general. The alternatives which have been suggested over the years are very similar. All of the alternatives lie along an axis which starts with efforts to bring about voluntary agreement by the parties and ends, …
National Minimum Drinking Age Act Of 1984: Once Again Congress Mails Home Another Fist, Kevin Kadlec
National Minimum Drinking Age Act Of 1984: Once Again Congress Mails Home Another Fist, Kevin Kadlec
Cleveland State Law Review
This Note will examine the federal interest as it conflicts with the states' interest in setting their own drinking ages, which are derived from section two of the twenty-first amendment and the tenth amendment, respectively. This conflict is given sharper focus when examined in the context of Supreme Court tests and balancing measures developed in recent decades in these constitutional arenas. A controversy has arisen because of the congressional imposition of a national minimum drinking age on the states through coercive withholding of federal funds. It is the purpose of this Note to examine the controversy created by the Drinking …
Hypnotically Refreshed Testimony: Is It Legally Relevant To A Criminal Proceeding In Ohio, Thomas H. Allison
Hypnotically Refreshed Testimony: Is It Legally Relevant To A Criminal Proceeding In Ohio, Thomas H. Allison
Cleveland State Law Review
In the past twenty years a growing number of courts, both state and federal, have addressed the problem of the admissibility in a criminal trial of testimony by a witness whose memory has been "refreshed" by the use of pre-trial hypnosis. Some courts are of the opinion that hypnosis is nothing more than a memory aid, to be treated like any other device to refresh recollection. Other courts believe hypnosis is more of a "science," and as such should be treated consistently with the rules for the admission of other scientific evidence. While the reliability of using hypnosis to refresh …
The Automatic Stay In Bankruptcy, John Francis Murphy
The Automatic Stay In Bankruptcy, John Francis Murphy
Cleveland State Law Review
This article describes the automatic stay in bankruptcy proceedings. Section I explains the purpose of the automatic stay, lays out the history and scope of the stay, and lists parties that can be protected by the stay. Section II briefly describes how the scope of the automatic stay may be increased by a party’s motion, under 11 USC 105(A). Section III discusses the effects of violations of the stay, and gives remedies for such violations. Section IV gives a detailed explanation of possible modifications of the automatic stay, as well as how it may be terminated. Finally, Section V rounds …
Loss Of Rail Competition As An Issue In The Proposed Sale Of Conrail To Norfolk Southern: Valid Concern Or Political Bogeyman, Mark D. Perreault, Nancy S. Fleischman
Loss Of Rail Competition As An Issue In The Proposed Sale Of Conrail To Norfolk Southern: Valid Concern Or Political Bogeyman, Mark D. Perreault, Nancy S. Fleischman
Cleveland State Law Review
The Department of Transportation's plan to return Consolidated Rail Corporation (Conrail) to the private sector by selling the federal government's controlling interest to Norfolk Southern Corporation has, not surprisingly, been the subject of a spirited debate in the transportation and political community since its announcement in February, 1985. Critics have said that the sale proposal "runs directly contrary to [antitrust] policy goals" and would have a serious, adverse effect on competition. The proposal is a "flagrant violation of antitrust laws and would create an unconscionable monopoly." The purpose of this article is to examine the legal standards historically and currently …