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2005 Scholars And Artists Bibliography, Stephen D. Slane Dr., Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr, Steve Slane was the guest speaker.

Supreme Court Watch, Reginald Oh

Law Faculty Articles and Essays

Discusses the March 1, 2005 U.S. Supreme Court decision regarding the constitutionality of the death penalty in Roper v. Simmons, 125 S. Ct. 1183 (2005). The Court held that the death penalty cannot be applied to individuals under the age of eighteen at the time the crime was committed without violating the Eighth Amendment's prohibition against cruel and unusual punishment.

The Globalization Era And The Conflict Of Laws: What Europe Could Learn From The United States And Vice Versa, Milena Sterio

Law Faculty Articles and Essays

Europe has been under the increasing influence of European Union (E.U.) lawmakers, who have undertaken a harmonization movement attempting to somewhat unify member states' laws. The conflict of laws area has not escaped the harmonization movement and will become increasingly subject to Brussels's regulations and directives. Thus, traditional bilateral rules will have to adapt themselves in light of the new political reality in Europe.

Second, the conflicts field in general, be it in Europe or in the U.S., has been transformed under today's globalization trend. In other words, with the rise of international commerce, traditional private law conflicts are being …

Supreme Court Watch, Reginald Oh

Law Faculty Articles and Essays

Discusses the case in the 2004-05 U.S. Supreme Court Term which decided a constitutional challenge to the State of California's practice of temporarily racially segregating its prisoners. On November 2, 2004, the Court heard oral arguments in Johnson v. California, a lawsuit brought by an African-American prison inmate in the California Department of Corrections. The petitioner contends that the state's longstanding policy of racially segregating prisoners for sixty days violates the Equal Protection Clause. On February 23, 2005, the Court issued its opinion in ]ohnson v. California, 125 S. Ct. 1141 (2005), and held that the policy of …

Petition For Writ Of Certiorari, Bellecourt, Et Al., V. City Of Cleveland, 544 U.S. 1033, 125 S. Ct. 2271 (2005), Kevin Francis O'Neill, Terry H. Gilbert

Law Faculty Briefs and Court Documents

Deciding an important question of Federal Free Speech law, the Ohio Supreme Court has recognized a fire safety justification so easy to invoke that it may be used to punish virtually every instance of flag burning and effigy burning - thereby undercutting this Court's decision in Texas v. Johnson, and creating a question of first impression that requires this Court's review and correction.

The Payroll Tax Liabilities Of Low And Middle Income Taxpayers, Deborah A. Geier

Law Faculty Articles and Essays

This 2005 article explores how using the "average" increase in wages rather than the "median" increase in wages to determine the yearly increase in the payroll tax wage bases - at a time of increasing inequality - has contributed markedly to the increased tax burden on labor income of the poor and middle classes.

Review Of Refuge Of A Scoundrel: The Patriot Act In Libraries, Glenda A. Thornton

Michael Schwartz Library Publications

Review of Refuge of a Scoundrel: The Patriot Act In Libraries

Legal Writing And Academic Support: Timing Is Everything, Dionne L. Koller

Cleveland State Law Review

Part I of this essay briefly explores the relationship between academic support and legal writing as it exists in many law schools today. Part II will outline the academic support program at Maryland to give context to the observations presented in this article. Part III will present some of the negative aspects of legal writing courses as they relate to the academic support mission of a law school. Finally, Part IV will describe how a legal writing course can avoid the negatives and be an effective vehicle to deliver more advanced academic support after the first year.

One And Done: How Ohio's One-Year, Nonrenewable Visiting Medical Faculty Certificate Is Harming The State's Economic Recovery, Austin Mcguan

Journal of Law and Health

As this hypothetical illustrates, the one-year, nonrenewable Visiting Faculty Certificate harms Ohio. Not only does it drive highly-qualified doctors from the state, but it also discourages them from coming to Ohio. In recent years, Ohio has lost thousands of jobs as major corporations and government entities have left the state, but it also discourages them from coming to Ohio. In recent years, Ohio has lost thousands of jobs as major corporations and government entities have left the state. Meanwhile, Ohio has been trying to correct this trend by taking advantage of its universities, world-class hospitals, and research centers and moving …

What You Can't Have Won't Hurt You - The Real Safety Objective Of The Firearms Safety And Consumer Protection Act, Dennis B. Wilson

Cleveland State Law Review

This article examines an aspect of the debate described above. It begins by describing the federal firearms safety regulation that does exist and explaining the reason that there is relatively little federal firearms safety regulation. It will then examine one legislative proposal to subject firearms to federal safety regulation, the Firearms Safety and Consumer Protection Act of 2003 (Firearms Safety Act) and compare it with the law that has been applied to seek to ensure the safety of other consumer products for over thirty years, the Consumer Product Safety Act (CPSA). That comparison will demonstrate that the genuine objective of …

Disguising Empire: Racialized Masculinity And The Civilizing Of Iraq, Nancy Ehrenreich

Cleveland State Law Review

I will argue here that the rhetoric used by the Bush administration (and the media) to sell U.S. military aggression to the American public has played upon the gender insecurities and racial biases of the population. To be more specific, it has reinforced a racialized national sense of masculinity by playing on the association of maleness with violent domination of people of color - domination seen as laudable because it is undertaken "for their own good." In so doing, it has also reinforced the message that the way for people of color in this country to become true "Americans" is …

Raza Womyn Engaged In Love And Revolution: Chicana/Latina Student Activists Creating Safe Spaces Within The University, Anita Tuerina Revilla

Cleveland State Law Review

My own and other research shows that Queer/Chicana/Latina college students who come from disadvantaged backgrounds or marginalized communities to the university often engage in a process of resistance to oppressive practices and environments within those institutions, even while continuing their education. While a higher education can be a form of liberation for many of these women, it can simultaneously be oppressive to some. As women learn how to negotiate both privilege and oppression in the college setting, they develop tools for understanding their conditions. One of these tools is political and social consciousness, which is often internalized and acted upon …

Law, Ethics, And Complexity: Complexity Theory & (And) The Normative Reconstruction Of Law, Julian Webb

Cleveland State Law Review

My intention in this paper is a modest one, and a preliminary to more detailed analysis of the relevance of complexity theory to law. Accordingly, this paper presents an argument in three phases: it looks first at the nature of complexity and the philosophical grounds which, I suggest, inform a social theory of complexity; second, it ascribes characteristics which can be seen as constitutive of complexity, and applies those to the field of law, before looking (third) at how an acknowledgment of complexity can assist us in the process of normative reconstruction.

Outsider Citizenships And Multidimensional Borders: The Power And Danger Of Not Belonging, Pedro A. Malavet

Cleveland State Law Review

In this closing for the LatCrit VIII symposium, I adopt a collective view of the articles, and attempt to develop how the themes discussed in them fit within LatCrit scholarship. I will then interrogate the future of our enterprise by discussing the danger of succumbing to the seduction of the real or perceived need "to reinvent the wheel," or at least to clothe ideas in overly-developed language. Last, the Conclusion discusses how LatCrit scholarship is both promoted and challenged by the articles published here. I further include some suggested institutional responses to the opportunities for mentoring and nurturing that I …

Truth Or Consequences In Legal Scholarship?, David R. Barnhizer

Law Faculty Articles and Essays

There has been an erosion of the ideal of truth as a guiding force for what we do. This includes a dishonoring of the tradition of the truth-seeking function of scholars. For the university-based intellectual, including legal scholars, the problem with commitments to ends other than truth-seeking is that once we accept a mission distinct from the pursuit of truth and honest discourse, most of the remaining options are suspect - including falseness, hypocrisy, self-deception, subordination of self to a collective, profit, dogmatism, devotion to tradition, and propaganda.

Although what we intend by the idea of truth - legal, scientific, …

What You Don't Know Can Hurt You: The Importance Of Information In The Battle Against Environmental Class And Racial Discrimination, Browne C. Lewis

Law Faculty Articles and Essays

People across the country have witnessed the quality of their local environment decline in the name of progress but Lewis argues that tow-income and minority persons have observed the disproportionate placement of environmental hazards in their communities. That disparity has partially resulted from environmental discrimination based upon class and race. Acknowledging unequal treatment of low-income and minority persons has led to the development of the concept of "environmental justice. "

The premise of this Article is that, in order to effectively combat environmental discrimination, people must have access to quality information. Information may be used as a remedial measure. This …

Latcrit Introduction: Methods, Reginald Oh

Law Faculty Articles and Essays

Introduction to a cluster of articles discussing the Latcrit Method.

Supreme Court Watch, Reginald Oh, Reginald Oh

Law Faculty Articles and Essays

Discusses one of the more controversial U.S. Supreme Court's cases in the 2003-04 Term.The case dealt with the constitutionality of Pledge of Allegiance recitations in public schools. Specifically, the issue in Elk Grove Unified Sch. Dist. v. Newdow, 124 S. Ct. 2301 (2004), was whether the inclusion of the phrase "under God" in the Pledge of Allegiance created a First Amendment Establishment Clause violation.

When Literature Becomes Law: An Example From Ancient Greece, Mark J. Sundahl

Law Faculty Articles and Essays

The subject of this paper is the peculiar Athenian law, generally referred to as the Testamentary Law, which permitted a will to be invalidated if a jury determined that the testator composed the will while "under the influence of a woman" (in the original Greek, gunaiki peithomenos). While scholars have long argued that the progressive ideas of the archaic poets of ancient Greece inspired political change - such as the emergence of democracy in Athens - this paper makes an even stronger claim regarding the connection between law and literature in ancient Greece. This paper proposes that Solon, the famous …

Race, Nation-Building And Legal Transculturation During The Haitian Unification Period (1822-1844): Towards A Dominican Perspective, Charles R. Venator Santiago

Cleveland State Law Review

This paper offers some preliminary reflections on the relationship between law, race, and nation building during the Haitian unification period. My contention is that, while the Haitian occupation can be described as a domination of Santo Domingo, it is also possible to discern some important ways in which Dominicans benefited from this relationship. More importantly, I suggest that there are some important moments where Dominicans participate in the Haitian nation building process. This paper also draws on a critical reading of Fernando Ortiz's notion of legal transculturation as articulated in his book, Cuban Counterpoint, to reflect on the multiple clashes …

Love And Architecture: Race, Nation, And Gender Performances Inside And Outside The State, Angela P. Harris

Cleveland State Law Review

In this essay, I will use the metaphor of "performance" to describe the complicated interplay of power and identity. Each of the essays in this Cluster, I suggest, is concerned with some facet of identity performance within the power fields of gender, race, and nation. Perry calls our attention to how skin color, though typically subsumed by "race" in legal discourse, is a resource for performing identity that in fact complicates our understanding of racial subordination. Nancy Ehrenreich and Nicholas Espiritu are concerned with how states mobilize individual and collective race and gender performances as a way of inciting and …

Changes In Gender Ideology Among Professional Women And Men In Cuba Today, Marta Nunez Sarmiento

Cleveland State Law Review

This presentation summarizes the reflections of what it means to be women and men in Cuba today, among a group of Havana professionals. I asked them to emphasize the influence in this process of women's employment and decision making among women, two citizen rights which have been strongly promoted in Cuba in the last forty years. I also asked them to think about the socialization processes, which took place in Cuba and which contributed to these changes. Therefore, this paper is divided into two main topics: First, changes in gender ideology among Cuban professional men and women under the influence …

(E)Racing Youth: The Racialized Construction Of California's Proposition 21 And The Development Of Alternate Contestations, Nicholas Espiritu

Cleveland State Law Review

Illustrating the way in which conceptions of race and crime shape and are shaped by law is California's Proposition 21. Enacted in 2000, Proposition 21, also known as the Gang Violence and Juvenile Crime Prevention Act," was the product of California's direct democratic process through which voters are able to change the California Constitution through a simple majority vote. Part II address the ideological foundations of direct democracy and examines critically its ability to serve a democratic function. I examine the founders' rationale behind the decision not to employ a representative form of government, and look at direct democracy in …

How Parents And Children Disappear In Our Courts - And Why It Need Not Ever Happen Again, James A. Cosby

Cleveland State Law Review

Part One of this Article further examines those moral, factual and legal dynamics in the family that make these cases so difficult. Part Two summarizes the present state of the law, and demonstrates precisely where and why the current legal approach is falling short. I will show how the law specifically fails to adequately define the rights of parents, substantively as well as procedurally and, I will furthermore demonstrate how, in their current forms, the doctrines of parental autonomy and the best interests of the child are far too broad and too rigid for many cases involving the parent-child relationship. …

Prenuptial Agreements: A New Reason To Revive An Old Rule, Jeffrey G. Sherman

Cleveland State Law Review

This article is divided into five parts. The first part discusses the justification for our society's continued promotion of the institution of marriage. The second discusses why prenuptial agreements have become so widespread. The third gives an account of American courts' shift from rejecting prenuptial agreements to routinely enforcing them. The fourth presents my argument for treating as inequitable per se the enforcement of prenuptial agreements. And the fifth explores how the adoption of my view of prenuptial agreements might affect the popularity of marriage.

Rethinking America's Approach To Workplace Safety: A Model For Advancing Safety Issues In The Chemical Industry, Gwen Forte

Cleveland State Law Review

In Part II of this note, I analyze the impact of tort litigation, workers' compensation, collective bargaining, and the Occupational Safety and Health Act on workplace safety. I begin by describing how each of these vehicles operated historically and then I provide a contemporary perspective. In this section, I also consider the advantages and disadvantages of using these approaches to prevent and compensate for injuries. In Part III, I propose an alternative approach to workplace safety: employee board representation. In this section, I analyze and critique various methods of employee board representation and ultimately recommend a form of representation in …

Equal Protection For Homosexuals: Why The Immutability Argument Is Necessary And How It Is Met, Kari Balog

Cleveland State Law Review

The immutability factor is possibly the most disputed of the four factors of the Frontiero test, a test laid out by the Supreme Court to identify suspect classifications. Doctors and scientists have spent years studying sexual orientation, attempting to find the cause of homosexuality in order to determine whether or not sexual orientation may be changed. Unfortunately, the many studies have not provided a definitive answer to the question of immutability. This Note considers many of the psychological, hormonal, and more recent genetic studies and determines what the medical and scientific evidence means for homosexuals in their pursuit for equal …

Neurocops: The Politics Of Prohibition And The Future Of Enforcing Social Policy From Inside The Body , Richard Glen Boire

Journal of Law and Health

Over the next decade an increasing number of new "pharmacotherapy" medications will become available with the potential to tremendously impact the use and abuse of illegal drugs and the overall direction of national and international drug policy. These pharmacotherapy medications are designed to block or significantly reduce the "highs" elicited by illegal drugs. Used as part of a drug treatment program, pharmacotherapy medications may provide valuable assistance for people voluntarily seeking a chemical aid in limiting or eliminating the problem drug use. However, the tremendously politicized nature of the "drug war" raises substantial concerns that, in addition to those who …

Pregnant Women Inmates: Evaluating Their Rights And Identifying Opportunities For Improvements In Their Treatment, Kelly Parker

Journal of Law and Health

Pregnant women incarcerated at the time of our nation's founding faced the prospect of giving birth in their cells alone and a considerable likelihood that their infants would die. This is somewhat unsurprising. At this time infant mortality rates were high. Given the pace of advances in the treatment of pregnant women since that time, one might expect that the experience of pregnant women incarcerated in today's correctional facilities would have improved as it has for their peers on the outside. That, however, would be an unrealistic assumption. In addition to facing decidedly substandard environments in some facilities - inappropriate …

Too Much Religious Freedom - Infants Infected With Herpes After Jewish Mohel Applies Oral Suction To Circumcised Penises, Jamie Cole Kerlee

Journal of Law and Health

Does the Constitution absolutely protect the free exercise of oral-genital suction when it threatens the health and safety of human beings, particularly infants? And does the Constitution bar parents from having any remedy for the lifelong physical, emotional, and financial damage that may potentially result from the negligent HSV transmission through metzizah be'peh? This article focuses on the controversial issue of state interference with the Orthodox Jewish practice, a topic recently at the forefront in New York City. Until the government recognizes its duty to provide affirmative regulation of metzitzah be'peh to protect the compelling health interest of infants, thousands …