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Articles 1 - 23 of 23
Full-Text Articles in Law
Finding Yourself In Law School, Joel Jay Finer
Finding Yourself In Law School, Joel Jay Finer
Cleveland State Law Review
Congratulations on your acceptance and your decision to enter law school. Some might say after reading this commentary that it was more appropriate for a commencement address. But stop to think. Commencement means beginning. This is your commencement, the beginning of your legal career. And if the values to which I refer are not somewhere in your thoughts during your law school education, when you can begin to see how your technical skills can be put to use in service of whatever justice goals you personally find most meaningful, it may be more difficult to make the connections later on. …
Excursions Into The Nature Of Legal Language, Mary Jane Morrison
Excursions Into The Nature Of Legal Language, Mary Jane Morrison
Cleveland State Law Review
In this article, I explore some of the truths on each side of the issue of whether the language of the law is a technical language and whether lawyers speak in a technical language when they speak with each other about the law. In Part I of this article, I examine the due process limitations on the thesis that the law is in a technical language and I draw distinctions between speaking carefully and speaking technically. In Part II, I set out the technical language views of H.L.A. Hart and Charles Caton. By taking back-bearings on the views of Hart …
Masthead, Cleveland State Law Review
The Revolution In American Law Schools, David Barnhizer
The Revolution In American Law Schools, David Barnhizer
Cleveland State Law Review
The majority of this Article has considered some of the changes that have come about in the focus of legal scholarship. Of equal importance are the shifts in curriculum and content that the schools have experienced. In some ways the shifts mirror changes in academic focus but curricular change has by and large altered much of what is actually done in the law schools while seeming, on the surface, to remain largely the same. The curriculum of the Cleveland State University College of Law provides an example of how law schools have responded innovatively to an expanded sense of professional …
Containing The Aids Virus . . . Testing . . . Reporting . . . Confidentiality . . . Quarantine . . . Constitutional Considerations, Luann A. Polito
Containing The Aids Virus . . . Testing . . . Reporting . . . Confidentiality . . . Quarantine . . . Constitutional Considerations, Luann A. Polito
Cleveland State Law Review
In addition to illness, disability, and death, AIDS has evoked fear in the hearts and minds of most Americans: fear of the AIDS virus and fear of the unknown. This fear has caused many Americans to act irrationally towards AIDS and its victims. This article will analyze the different legislative acts intended to curtail the spread of the disease and whether these enactments will aid or merely hinder the containment of the AIDS virus. It will illustrate potential conflicts this legislation poses to the AIDS victims' constitutional rights of privacy and liberty. At its conclusion, it will illustrate that with …
Masthead, Cleveland State Law Review
Ohio's Child Support Guidelines: A Springboard Or A Crutch, Lois J. Cole
Ohio's Child Support Guidelines: A Springboard Or A Crutch, Lois J. Cole
Cleveland State Law Review
The purpose of this Note is to clarify the ramifications of Ohio's Child Support Guidelines and the 1988 Amendments. An examination of Ohio's child support law will necessarily begin with the background of federal child support legislation beginning with the Social Security Act of 1935. Mandates from this legislation, and its succeeding amendments over fifty years, are followed resulting in an examination of Ohio's Child Support Guidelines. Next, this Note focuses on the importance of judicial discretion and its role in the successful implementation of the Guidelines as well as whether Ohio's Guidelines should be used as a rebuttable presumption …
Willfulness And Ignorance In Federal Criminal Law, Michael E. Tigar
Willfulness And Ignorance In Federal Criminal Law, Michael E. Tigar
Cleveland State Law Review
In confronting the system of federal crimes, no word has sown more confusion than "willfully." While the term appears in literally dozens of offenses in Titles 18 and 26 of the United States Code, its meaning may vary considerably. Moreover, willfulness may be added to a statutory offense definition by judicial decision or to the indictments' allegations by prosecutorial practice. However, the absence of a unitary judicial and legislative definition of willfulness is not a reason for throwing over well-established rules about criminal intent. Precision and differentiation, and not any single categorical imperative, are the goals. All the slogans deployed …
The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry
The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry
Cleveland State Law Review
In October of 1988, Congress enacted the Intellectual Property Bankruptcy Protection Act. The Act is intended to "promote the development and licensing of intellectual property by providing certainty to licensees in situations where the licensor files bankruptcy and seeks to reject the license as an executory contract by providing the licensee an "assurance of being able to continue to use the licensed intellectual property after rejection, while debtors/licensors will still be able to free themselves of burdensome obligations." The Act adds a new subsection to 11 U.S.C. §365 which allows the licensee of intellectual property under an executory contract to …
Man Bites Dog With Ohio's Vicious Dog Statute, Diane K. Hale
Man Bites Dog With Ohio's Vicious Dog Statute, Diane K. Hale
Cleveland State Law Review
This article discusses Ohio’s vicious dog statute, ORC 955.11, signed into law in July 1987. Section II provides background information on pit bulls and their general reputation in society. Section III explains how dogs and dog ownership were regulated under the old law, and then Section IV delves into how the new law operates to regulate dogs. Section V moves into issues of Constitutionality, and Sections VI and VII discuss alternative options and proposes changes to the new law.
Working It Out: A Japanese Alternative To Fighting It Out, David J. Przeracki
Working It Out: A Japanese Alternative To Fighting It Out, David J. Przeracki
Cleveland State Law Review
Since the end of World War II, Japan has soared to the summit of importance in the world economy. In recent years, the balance of trade between the United States and Japan has been tipped strongly in favor of the Japanese. Since America's hegemony in international contracting is waning, especially with the Japanese, new approaches must be considered. The purpose of this Note, therefore, is to provide the reader with an understanding of the difference between Japanese and American legal consciousness. Because the Japanese approach yields an exceptionally low rate of litigation, a secondary goal of this Note is to …
Arizona Corporation Commission V. Media Products, Inc.: Clarification Of Competing Federal And State Securities Regulation, Marianne M. Jennings
Arizona Corporation Commission V. Media Products, Inc.: Clarification Of Competing Federal And State Securities Regulation, Marianne M. Jennings
Cleveland State Law Review
While most regulators at both the state and federal levels espouse an attitude and philosophy of cooperation, the fact is that, because of conflicts in authority and unresolved constitutional issues, most nationwide offerings are becoming more difficult to execute and are burdened by so many bureaucratic loopholes that the role of the United States as a capital market in the international sense may be greatly impaired. The purpose of this Article is to explain the coexistence of federal and state securities regulation, define the resolved constitutional issues, and discuss those that remain unresolved. Finally, the Article proposes a peaceful coexistence …
Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin
Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin
Cleveland State Law Review
Punitive, or exemplary damages, have been recognized in the Anglo-American common law systems for two centuries. This Article explores the consequences of treating punitive damages as a private means of punishment. Light is shed on the controversies surrounding, first, the attempt to adopt a standard of punishment, private or public, and second, to apply such a standard. The concentration on punitive damages for this exploratory undertaking, instead of criminal sanctions, avoids the need to account for additional imputed public penal purposes, such as rehabilitation and isolation. As a preliminary matter, the emphasis of this Article should be made clear. The …
Suing A State In Federal Court Under A Private Cause Of Action: An Eleventh Amendment Primer, Donald L. Boren
Suing A State In Federal Court Under A Private Cause Of Action: An Eleventh Amendment Primer, Donald L. Boren
Cleveland State Law Review
A major obstacle facing an attorney, whose client is suing a state in federal court under a right created by a federal law, is the restraints placed on the federal court's jurisdiction by the eleventh amendment to the United States Constitution. The purpose of this article is to provide assistance through this wonderland of eleventh amendment jurisprudence. This article examines three major eleventh amendment issues, plus-and perhaps more importantly-methods of avoiding eleventh amendment litigation. Section I of the article examines the historical evidence on whether the amendment was intended to apply to cases in which a citizen of a state …
Resurrecting The Fairness Doctrine: The Quandary Of Enforcement Continues, Robert D. Richards
Resurrecting The Fairness Doctrine: The Quandary Of Enforcement Continues, Robert D. Richards
Cleveland State Law Review
Despite its repeal in 1987, the fairness doctrine remains one of the most controversial issues in broadcast regulation today. Since the doctrine's demise, Congress has tried twice unsuccessfully to revive this content-specific regulation which required broadcasters to actively search for controversial issues of importance and present a balance of viewpoints in programming exploring those issues. This article suggests a new standard of reviewing fairness complaints at renewal time which creates a strong presumption in favor of the broadcaster. Part I of the article focuses on the development of the fairness doctrine throughout its short history. In particular, it traces the …
Active Voluntary Euthanasia: The Ultimate Act Of Care For The Dying, Deborah A. Wainey
Active Voluntary Euthanasia: The Ultimate Act Of Care For The Dying, Deborah A. Wainey
Cleveland State Law Review
This Note explores whether modern society can embrace the concept of euthanasia as "death without suffering" to the full extent of the term. Section II explores the distortion of the concept of euthanasia from an historical perspective. Section III provides insight into the practice of euthanasia in the Netherlands, the only country in the world which allows people to request and receive aid-in-dying, i.e., active euthanasia. Section IV reviews the American judicial and legislative response to the active euthanasia issue, and analyzes the Death With Dignity Act, a model law which would permit a terminally ill adult to request and …
How Much Of You Do You Really Own - A Property Right In Identity, Kathleen Birkel Dangelo
How Much Of You Do You Really Own - A Property Right In Identity, Kathleen Birkel Dangelo
Cleveland State Law Review
An individual's identity is comprised of many different characteristics. The law has historically recognized the existence of a property right in certain characteristics of an individual, such as name and likeness. This recognition was premised on the idea that these characteristics comprise the essence of a person's identity and therefore, should be protected against appropriation by others. A problem in this area, however, has been the confusion among property, privacy, and publicity rights. Each of these rights touches the area of personal characteristics; however, the focus of each right is on a distinct area. The confusion between these rights has …
Foreign Corrupt Practices Act Amendments: The Omnibus Trade And Competitiveness Acts Focus On Improving Investment Opportunities, Beverley H. Earle
Foreign Corrupt Practices Act Amendments: The Omnibus Trade And Competitiveness Acts Focus On Improving Investment Opportunities, Beverley H. Earle
Cleveland State Law Review
President Reagan signed into law the Omnibus Trade and Competitiveness Act of 1988 (OTCA) on August 23, 1988. Included within this law were provisions addressing authority for trade agreements, section 301 remedies, section 201 escape clause, antidumping, and countervailing duties as well as amendments to the Foreign Corrupt Practices Act (FCPA). Additionally, export control provisions were included in this law as part of the Export Enhancement Act of 1988. This comprehensive law was the culmination of a lengthy process over several years which included hearings; debates; negotiation among House and Senate leaders and the President; and one Presidential veto. The …
Antitrust Standing And The Rule Against Resale Price Maintenance, Donald J. Polden
Antitrust Standing And The Rule Against Resale Price Maintenance, Donald J. Polden
Cleveland State Law Review
This Article examines the textual and prudential foundations of the antitrust standing and antitrust injury doctrines. This examination is conducted through a textual analysis of section 4 of the Clayton Act, which provides a private right of action for persons injured by violations of the antitrust laws, and a developmental review of the principal Supreme Court cases articulating and applying those doctrines. This examination concludes that the Court has crafted antitrust standing and injury doctrines which in part either contradict the textual requirements of section 4 or which are not rooted in any perceptible notion of legitimate statutory objectives. The …
Reading, Writing, But No Biting: Isolating School Children With Aids, Carolyn J. Kasler
Reading, Writing, But No Biting: Isolating School Children With Aids, Carolyn J. Kasler
Cleveland State Law Review
AIDS is a unique disease with unknown, unproven risks and undetermined potential for affecting our society's well-being. Due to the age and uncertainty of the disease, it must be addressed differently from any other diseases with which we have been faced in the past. The problems are severe, and barriers facing both victims and non-victims in the school setting are phenomenal. We must not be without compassion for the victims, children innocently contaminated by this devastating disease, for the victims in this country may soon outweigh the unaffected citizens. Presently, we have a duty to prevent the spread of this …
The Reign Of The Queen Of Hearts: The Declining Significance Of The Presumption Of Innocence - A Brief Commentary, Leroy Pernell
The Reign Of The Queen Of Hearts: The Declining Significance Of The Presumption Of Innocence - A Brief Commentary, Leroy Pernell
Cleveland State Law Review
The cherished concept of the presumption of innocence and the need for adjudication before sentence has eroded over the years. Taking its place is a growing belief that the safety of society depends on massive deprivation of liberty and property without predetermination of guilt. The notion of innocence has now become an inconvenient technicality as opposed to a valued principle. This article will examine the origin, history, and decline of the presumption of innocence in three contexts: (1) pretrial detention, (2) property forfeiture, and (3) trial stage -courtroom settings and jury instructions.
Masthead, Cleveland State Law Review
Administrative Res Judicata In Ohio: A Suggestion For The Future, Randy J. Hart
Administrative Res Judicata In Ohio: A Suggestion For The Future, Randy J. Hart
Cleveland State Law Review
This note will focus on the law of res judicata as applied by the state courts of Ohio regarding decisions handed down by Ohio's administrative agencies. While there exists a body of law on the federal level pertaining to administrative res judicata, which appears to be well settled, the Ohio Supreme Court has not yet ruled on whether the decision of an administrative body will have res judicata effect in a subsequent action in an Ohio state court. This note will suggest that Ohio courts should reject administrative res judicata where its effect would be to bind the state courts …