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Articles 1 - 30 of 54
Full-Text Articles in Law
Simon Says: A Liddle Night Music With Those Depreciation Deductions, Please, Deborah A. Geier, Joseph M. Dodge
Simon Says: A Liddle Night Music With Those Depreciation Deductions, Please, Deborah A. Geier, Joseph M. Dodge
Law Faculty Articles and Essays
This 1995 article, co-authored with Joseph M. Dodge, explores why the decision in Simon v. Commissioner, 103 T.C. 247 (1994), was wrong, effectively allowing premature deduction of a capital expenditure and, thus, consumption taxation (as opposed to income taxation).
A Feminist Understanding Of Sex-Selective Abortion: Solely A Matter Of Choice, April L. Cherry
A Feminist Understanding Of Sex-Selective Abortion: Solely A Matter Of Choice, April L. Cherry
Law Faculty Articles and Essays
This essay consists of five sections. The first section describes the problem of sex-selective abortion, including an analysis of sociological data regarding adult preference for male children and its current effects. Section Two discusses various philosophical paradigms and analyses of sex-selective abortion with the goal of developing a coherent philosophical base from which to argue for a policy regarding sex-selective abortion which furthers the goals of gender equality. Section Three addresses the constitutionality of sex-selective abortion prohibitions in light of the Supreme Court's pronouncement in Planned Parenthood of Southeastern Pennsylvania v. Casey. Section Four outlines the liberal feminist response to …
Bad News, Good News For The First Amendment, In Supreme Court Review Of The 1993-94 Term,, David F. Forte
Bad News, Good News For The First Amendment, In Supreme Court Review Of The 1993-94 Term,, David F. Forte
Law Faculty Articles and Essays
With the passage of the Freedom of Access to Clinic Entrances Act (F.A.C.E.), and the Supreme Court’s decision in NOW v. Scheidler, pro-life activists who engage in civil disobedience will suffer far greater legal disabilities than have been placed upon other protest movements in American history. But following Madsen, pro-life demonstrators can now take advantage of protections not previously articulated by the Court. So long as they do not engage in repetitive illegalities, pro-life demonstrators can count on strong First Amendment guarantees.
Hiv-Specific Crime Legislation: Targetting An Epidemic For Criminal Prosecution, Erin M. O'Toole
Hiv-Specific Crime Legislation: Targetting An Epidemic For Criminal Prosecution, Erin M. O'Toole
Journal of Law and Health
A growing number of state legislatures have drafted HIV specific crime statutes which criminalize the intentional transmission of the HIV virus to another. This discussion will focus on the impact of HIV-specific crime statutes on the following issues: confidentiality, the right to privacy, the decision to submit to HIV testing, and how the statutes may or may not succeed in containing the spread of HIV.
Doctors, Nurses And Superseding Cause: The Demise Of The Last In Time Defense, Charles Lattanzi
Doctors, Nurses And Superseding Cause: The Demise Of The Last In Time Defense, Charles Lattanzi
Journal of Law and Health
The question which naturally arises is whether the determination of superseding cause in this context is a question for the jury. Ohio case law has long held, as a matter of law, that the aggravation of an injury by the subsequent malpractice of a physician never breaks the chain of causation. Assuming that the original tortfeaser was negligent and that his actions caused the original injury, the only question left for the jury is whether the plaintiff herself exercised reasonable care in seeking treatment by a qualified physician. This rule was affirmed and given its common appellation, "the subsequent tortfeasor …
Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin
Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin
Journal of Law and Health
The findings of the research reported in this study, in conjunction with earlier studies, suggest that the professional and the personal well-being of lawyers is in serious jeopardy. Lawyers are working more, reducing vacation time, spending less time with family members, are prone to alcohol abuse, and face high levels of psychological distress. The combination of elements suggests an impending crisis for lawyers' family lives. Although the data are not sufficient to suggest that psychological distress has detrimentally affected the lawyers' ability to practice competently, the warning signs are present. Further empirical study may well reveal that lawyer distress is …
Some Thoughts About Developing Constructive Approaches To Lawyer And Law Student Distress, Peter G. Glenn
Some Thoughts About Developing Constructive Approaches To Lawyer And Law Student Distress, Peter G. Glenn
Journal of Law and Health
I am convinced, on the basis of experience as a teacher at five law schools, that it is possible to establish a law school culture in which the administration and faculty can work effectively to substantially reduce the level of unnecessary law student distress. I believe, however, that accomplishing this on any large scale among the law schools generally might require not only implementation of many of the suggestions of Professors Glesner and Kutulakis, but also that we abandon the ideas that all law schools should be fundamentally similar, built on the model of a large-enrollment major research center, and …
Lawyer Distress: A Comment, Susan S. Locke
Lawyer Distress: A Comment, Susan S. Locke
Journal of Law and Health
I will not debate whether or not the practice of law creates dysfunction, requires dysfunction or perpetuates dysfunction. I am reminded of a colleague who, when looking at his law firm partners who practice in my field of estate planning asked, "Do you have to be eccentric to go into estate planning, or does it just make you that way after a while?" Probably the answer is a little of both, and it is as true for the practice of law in general as it is for estate planning. When the dust settles at some time in the future, we …
Restricting Medical Licenses Based On Illness Is Wrong - Reporting Makes It Worse, Phyllis Coleman, Ronald A. Shellow
Restricting Medical Licenses Based On Illness Is Wrong - Reporting Makes It Worse, Phyllis Coleman, Ronald A. Shellow
Journal of Law and Health
Part I of this article briefly explores the licensing and disciplinary processes. Because each state board has broad discretion in reaching its decisions, an illness might be ignored in one state, trigger only periodic monitoring in another, and be grounds for sanction in a third. As the duty of every state board is the same - to protect patients from incompetent doctors - this disparate treatment is absurd. The implicit notion that the impact of a physician's illness on his ability to practice changes depending on a state line is not credible. Although statutes and cases may use different language …
The Biological Alteration Cases, Sheldon Gelman
The Biological Alteration Cases, Sheldon Gelman
Law Faculty Articles and Essays
State interventions such as drugging dangerous prisoners to “alter the chemical balance in the brain,” sterilizing women involuntarily, or, more modestly, compelling vaccination in order to modify someone's immune system, employ a remarkable and problematic technique. The government biologically alters an individual to suit official policy, tailoring the person's very physical constitution to conform with some public objective. Even when the objective is worthy, such as preventing disease, the technique remains troubling. For in the process of biological alteration, government transforms individuals into instruments of state policy. Focusing on the handful of Supreme Court decisions involving the technique, this Article …
Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder
Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder
Law Faculty Articles and Essays
There are two problems with permitting litigation about attorney speech to proceed without requiring bar disciplinary agencies to present empirical data or other evidence to support claims that restrictions on attorney speech are necessary. First, the history of bar association restrictions on attorney speech should make us skeptical that the bar rules are based on lofty ideals about protection of the public. The restrictions began as rules promulgated by elite corporate lawyers whose effect was to limit the activities of their less affluent brethren who were representing criminal defendants and other impoverished clients. The purpose of the rules was to …
Pretrial Practice: Teaching Law Students How To Prepare Cases For Trial In A Simulation Course, Lloyd B. Snyder
Pretrial Practice: Teaching Law Students How To Prepare Cases For Trial In A Simulation Course, Lloyd B. Snyder
Law Faculty Articles and Essays
With a colleague, Jack Guttenberg, I team-teach a four-credit, one-semester simulation course at the Cleveland-Marshall College of Law called Pretrial Practice. We have taught Pretrial Practice seven times since we first offered it in the spring of 1988. The course takes students through the process of preparing two cases for trial, beginning with initial client interviews and culminating in one case with a settlement negotiation and, in the other, a final pretrial conference with a local judge.Pretrial Practice provides students with an opportunity, in one semester, to engage in all the activities necessary to develop and prepare a case for …
The Constitutional Dimension Of A National Products Liability Statute Of Repose, Stephen J. Werber
The Constitutional Dimension Of A National Products Liability Statute Of Repose, Stephen J. Werber
Law Faculty Articles and Essays
Constitutional issues arise in regard to many aspects of tort and products liability reform legislation. This article argues that statutes of repose are unconstitutional, with emphasis on open courts or right to remedy (open courts) and equal protection provisions. These issues reflect economic concerns at both federal and state legislative levels that seek to advance strongly perceived public policy. These concerns, in turn, affect substantial substantive rights. Freedom from personal injury, the right to life and safety, reflects more than the mere economic concerns of either the injured party or the product manufacturer. The ability to seek redress for such …
An Overview Of Ohio Product Liability Law, Stephen J. Werber
An Overview Of Ohio Product Liability Law, Stephen J. Werber
Law Faculty Articles and Essays
Enactment of the Ohio Product Liability Act (the “Act”), which took effect on January 5, 1988, created an exclusive statutory basis for all tort based product liability claims. The statute, while eliminating the term “strict liability in tort,” is primarily a codification of preexisting common law. The Act provides that product liability claims may be predicated on one of four theories: defects in manufacture or construction; defects in design or formulation; defect in warning or instruction, and failure to conform to representation. Each of these theories had previously been recognized by the courts. For example, the requirements for a cause …
Surveying The "Forms Of Doctrine" On The Bright Line Balancing Test Continuum, James G. Wilson
Surveying The "Forms Of Doctrine" On The Bright Line Balancing Test Continuum, James G. Wilson
Law Faculty Articles and Essays
This article's primary contribution to the rule/standard problem is to map the rule/standard continuum more precisely. This article will analyze several cases to reveal numerous forms of doctrine that are hybrids of the two archetypes, "rules" and "standards," including the aforementioned escape hatches, exceptions, and factor tests, and will also discuss costs and benefits of using each of these different forms, irrespective of substance. Judges must choose among a large number of valid forms, attempting to create the best "fit" between the chosen form, a judicial means, and higher-level ends, such as efficiency, social stability, consistency, or autonomy.The article will …
Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari
Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari
Law Faculty Articles and Essays
Accordingly, this Article is aimed at disentangling lines of precedent that are all too frequently entwined by urging an analysis of public protest cases that distinguishes among the four regulatory players. Thus, this Article devotes separate sections to the regulatory roles of legislators,16 administrators,17 judges,18 and police,19 with an introductory section on the doctrinal bedrock in this field: the public forum doctrine.20
Of Rat Time And Terminators, David R. Barnhizer
Of Rat Time And Terminators, David R. Barnhizer
Law Faculty Articles and Essays
A version of rat time is being created within the legal profession as law schools pump 40,000 graduates a year into a saturated system. Understanding our present condition as a period of rat time can help us diagnose the problems of the legal profession, identify the future responsibilities of law schools and the profession, and create more effective solutions than the bandaids that have been proposed or applied thus far. This is particularly important because lawyers and law schools have lost their way. They are afraid to address their most troubling problems and to take the principled actions necessary for …
Due Process Review Under The Railway Labor Act, Chris Sagers
Due Process Review Under The Railway Labor Act, Chris Sagers
Law Faculty Articles and Essays
The federal government regulates disputes between organized labor and management in a wide range of private industries. Most disputes are governed by the Labor-Management Relations Act (LMRA), which both protects the rights of management and organized labor and establishes a comprehensive scheme of dispute resolution. The Railway Labor Act (RLA), however, creates a regime unique to the railroad and airline industries. It requires that certain claims between the covered employers -- known in the RLA as “carriers” -- and their employees be settled by submission to the RLA statutory arbitration scheme. Under this scheme, parties must resolve disputes “in the …
Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs
Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs
Law Faculty Articles and Essays
The Old Testament book of Proverbs supplied foundational moral values for our nation's legal ethics. With the adoption and revision of formal codes, moral teaching has virtually disappeared from legal ethics. This essay suggests that the wisdom of Proverbs offers a timely challenge to the character of the legal profession by advocating values which include justice, purity, mercy, humility, honesty, candor, truthful testimony, and civility.
Rare Diseases, Drug Development And Aids: The Impact Of The Orphan Drug Act, Michael Henry Davis, Peter S. Arno, Karen Bonuck
Rare Diseases, Drug Development And Aids: The Impact Of The Orphan Drug Act, Michael Henry Davis, Peter S. Arno, Karen Bonuck
Law Faculty Articles and Essays
In this article, we examine the Orphan Drug Act with an eye toward its contribution to the public interest, using AIDS drugs to illustrate many of the central points. The major policy question is, How, if at all, can the act be used to meet the legislative goal of stimulating drug development for small patient populations without resulting in prices that make drugs inaccessible?
Interpreting Tax Legislation: The Role Of Purpose, Deborah A. Geier
Interpreting Tax Legislation: The Role Of Purpose, Deborah A. Geier
Law Faculty Articles and Essays
This 1995 article uses tax cases to explore various methods of statutory interpretation.
"Common Sense Legal Reforms Act" Takes Center Stage, Susan J. Becker
"Common Sense Legal Reforms Act" Takes Center Stage, Susan J. Becker
Law Faculty Articles and Essays
This article discusses the extensive and highly controversial civil litigation reforms in Congress, which have been approved largely along party lines in the House of Representatives.
Aba Delegates Amend Model Rule , Susan J. Becker
Aba Delegates Amend Model Rule , Susan J. Becker
Law Faculty Articles and Essays
The ABA House of Delegates has amended Model Rule 4.2 regarding whom attorneys may ethically contact directly during the course of litigation or other legal matters. This article discusses the ramifications of this change.
Perspectives: The Federal Rules' Quest For Efficiency, Susan J. Becker
Perspectives: The Federal Rules' Quest For Efficiency, Susan J. Becker
Law Faculty Articles and Essays
As lawyers celebrate (or mourn) the first anniversary of the new Federal Rules of Civil Procedure, it is worth noting that last year's amendments marked a major philosophical metamorphosis in our theory of civil justice. They reflect an attempt to move away from a system aptly suited to war analogies and toward increased cooperation between the parties and "hands-on" management by the judiciary. This, in turn, is supposed to encourage efficiency--the oft-cited yet elusive goal of civil justice reform.
Private Dollars On The Reservation: Will Recent Native American Economic Development Amount To Cultural Assimilation?, Karin M. Mika, Bonnie Hurst
Private Dollars On The Reservation: Will Recent Native American Economic Development Amount To Cultural Assimilation?, Karin M. Mika, Bonnie Hurst
Law Faculty Articles and Essays
This article exams commercial enterprises and its gaining popularity among Native American tribes. The cooperative economic ventures that are not considered indigenous to Native American culture may yield the unintended yet inevitable result of assimilating Native Americans into mainstream American society. In an ironic twist, the resulting assimilation has, in many respects, fulfilled the misguided aspirations of the earliest European colonists.
If Your Grandfather Could Pollute, So Can You: Environmental "Grandfather Clauses" And Their Role In Environmental Inequity, Heidi Gorovitz Robertson
If Your Grandfather Could Pollute, So Can You: Environmental "Grandfather Clauses" And Their Role In Environmental Inequity, Heidi Gorovitz Robertson
Law Faculty Articles and Essays
When this country was struggling over voting rights, it adopted what are now called "grandfather clauses" to exclude certain groups from the democratic process. Although various types of laws excluded people from voting, a man could vote if his grandfather had been allowed to vote. [FN3] Applied to modern environmental laws, a grandfather clause, in essence, says, "if your grandfather could pollute, so can you."In the environmental arena, these laws make it much easier for companies or municipalities to expand older, existing facilities than to create new ones. They also make it significantly more difficult for opponents to shut down …
Commentary: Policy Implications, Geoffrey C. Hazard Jr.
Commentary: Policy Implications, Geoffrey C. Hazard Jr.
Journal of Law and Health
It is clear to me that members of the legal profession are obliged to take these findings seriously. I shall suggest below a few reservations about the analysis. Nevertheless, the important findings are established by empirical evidence so powerful that they can be ignored only through a wish not to believe. If the findings are accepted as a description of reality, the challenge is to work out sensible courses of action in response. The challenge is formidable.
An Application Of Federal Rule Of Civil Procedure 26(A)(1) To Section 1983 Actions: Does Rule 26(A)(1) Violate The Rules Enabling Act, Shilpa Shah
Cleveland State Law Review
The purpose of this note is to generally explain the problems associated with Rule 26(a)(1), and to specifically examine whether it violates the Rules Enabling Act's prohibition on affecting substantive rights. To illustrate the problem with applying Rule 26(a)(1) to all cases, the note will examine mandatory disclosure as it applies to civil rights cases brought under 42 U.S.C. § 1983. The note concludes that Rule 26(a)(1) infringes on substantive rights in violation of the Rules Enabling Act; however, instead of invalidating the mandatory disclosure rule entirely, federal courts should not apply Rule 26(a)(1) to cases brought under § 1983 …
Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner
Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner
Cleveland State Law Review
This essay will offer three meditations on the theme of "lawyers, learning and professionalism." First, it lays a foundation by arguing that a commitment to learning is an appropriate and necessary professional value for lawyers. Next, it contends that lawyers need to take this professional value more seriously. It will suggest that lawyers lag behind other professions in learning about learning, and urge more lawyers deliberately do just that. Finally, the essay shares some important lessons about professionalism recently learned through learning experiments with practicing lawyers and law students.
A Doctor's Duty To Disclose Life Expectancy Information To Terminally Ill Patients, Denise Ann Dickerson
A Doctor's Duty To Disclose Life Expectancy Information To Terminally Ill Patients, Denise Ann Dickerson
Cleveland State Law Review
It is the purpose of this Note to review and evaluate the benefits to making full disclosure to a terminally ill patient. It is this author's position that a patient's well-being and dignity dictate that the physician be forthright with all information regarding a patient's diagnosis and the range of treatments available, including both active and passive treatments.