Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Antitrust and Trade Regulation (2)
- Contracts (2)
- Family Law (2)
- Health Law and Policy (2)
- Land Use Law (2)
-
- Law and Politics (2)
- Law and Society (2)
- Legal Profession (2)
- Torts (2)
- Animal Law (1)
- Banking and Finance Law (1)
- Civil Rights and Discrimination (1)
- Consumer Protection Law (1)
- Courts (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Dispute Resolution and Arbitration (1)
- Environmental Law (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Legislation (1)
- Property Law and Real Estate (1)
- Public Law and Legal Theory (1)
- State and Local Government Law (1)
- Tax Law (1)
- Keyword
-
- Ethics (2)
- Small business (2)
- consent (1)
- game (1)
- Abandoned housing (1)
-
- Addiction (1)
- Alternative liability (1)
- Animals (1)
- Anti-subordination principle (1)
- Antitrust (1)
- Antitrust philosophy (1)
- Arbitration (1)
- Arbitrator sovereignty (1)
- Assisted outpatient treatment (1)
- Attorney's fees (1)
- Best interests of the child (1)
- Black Nationalists (1)
- Built environment (1)
- CSP (1)
- Cause-in-fact (1)
- Chicago School (1)
- Choices (1)
- Clean Water Act (1)
- Cognitive dissonance (1)
- Collective bargaining (1)
- Colorblind constitutionalism (1)
- Common ground (1)
- Community redevelopment (1)
- Compelled medications (1)
- Compliance (1)
Articles 1 - 26 of 26
Full-Text Articles in Law
A Plea For Permanence After Termination Of Parental Rights: Protecting The Best Interests Of The Child In Ohio, Daniel A. Starett
A Plea For Permanence After Termination Of Parental Rights: Protecting The Best Interests Of The Child In Ohio, Daniel A. Starett
Cleveland State Law Review
Ohio's R.C. 2151.313 must be amended to allow the courts to protect the best interest of the children for whom they are in place to serve, even if this means that occasionally a parent who was once adjudged to be incapable of caring for her child, and whose rights were subsequently terminated, may be the best, and often only, option to save that child from the dangers of the foster care system. Part II of this Note will explore the dangers of exposure to the foster care system, illustrate why we need to protect children from prolonged exposure to the …
The Antitrust Legacy Of Justice William O. Douglas, C. Paul Rogers Iii
The Antitrust Legacy Of Justice William O. Douglas, C. Paul Rogers Iii
Cleveland State Law Review
One cannot study the history of antitrust law without running headlong into the opinions of Associate Justice William 0. Douglas. In his thirty-six years on the Supreme Court, he authored thirty-five majority opinions and nearly as many dissenting or concurring opinions in cases involving antitrust questions or issues. It is quite probable that Justice Douglas authored more antitrust opinions, both for the majority and in dissent, than any Supreme Court justice in history. This Article will attempt to further define and refine Justice Douglas' antitrust philosophy by examining his written opinions and writings. It will then attempt to measure that …
What The Erie Surrogate Triplets Can Teach State Legislatures About The Need To Enact Article 8 Of The Uniform Parentage Act (2000) , Robert E. Rains
What The Erie Surrogate Triplets Can Teach State Legislatures About The Need To Enact Article 8 Of The Uniform Parentage Act (2000) , Robert E. Rains
Cleveland State Law Review
This Article will explain the protracted legal battles over the "surrogate triplets" and explore potential legislation designed to avoid such battles in the future. While reasonable minds could certainly differ as to the wisdom of the legislative scheme proposed in Article 8 of the UPA (2000), or as to some of its details, surely it would be a vast improvement over the current situation in which most state legislatures have failed to address surrogacy through statutes and those that have done so have failed to act in a uniform manner. As the Erie triplets case amply demonstrates, the state courts …
Motivational Law , Arnold S. Rosenberg
Motivational Law , Arnold S. Rosenberg
Cleveland State Law Review
After defining the concept of motivational law and giving several examples in Parts II.A and II.B, I discuss in Part II.C how motivational law fits into theories of law. In Part II.D, I explore the boundaries of motivational law and what it means to say that a law is "motivational." Part III.A examines motivational law as a type of intrinsic social control, and Part III.B explains how motivational law works through moral community-building, naming and shaming, cognitive dissonance and cognitive biases. Part IV.A asks why motivational law often fails, IV.B looks at the equivocal evidence of the efficacy of religious …
Immunizing Against Addiction: The Argument For Incorporating Emerging Anti-Addiction Vaccines Into Existing Compulsory Immunization Statutes, Alexis Osburn
Cleveland State Law Review
This paper discusses the legal ramifications of incorporating anti-addiction vaccines into a state's existing compulsory immunization scheme. Part II explains the neurobiological and physiological factors that make addiction a medical disease and discusses the mental and physical damage caused by illicit drug use. It also introduces the reader to anti-addiction research and explains how anti-addiction vaccines work. Part III provides the reader with a brief history of state-mandated vaccination requirements, including a discussion of the leading cases that govern compulsory vaccination requirements. Part IV advocates for the amendment of state-mandated immunization statutes to include anti-addiction vaccines. It analyzes two tests …
The Irs' Classification Settlement Program: Is It An Adequate Tool To Relieve Taxpayer Burden For Small Businesses That Have Misclassified Workers As Independent Contractors, Judson D. Stelter
Cleveland State Law Review
This Note argues that the timely filing of informational tax forms should not be a condition of an IRS Classification Settlement Program (CSP) settlement offer; the CSP should incorporate more settlement options; and the CSP should make settlement offers mandatory. Part II of this Note will discuss the legal history behind worker classification. Part III will demonstrate the unique situation of the small business owner in classifying workers. Part IV will explain § 530, a safe harbor provision for small business owners who have incorrectly classified workers. Part V will introduce the CSP in detail and explain its applications. Part …
Towards A Reformed Conception Of Multidisciplinary Practice , George C. Nnona
Towards A Reformed Conception Of Multidisciplinary Practice , George C. Nnona
Cleveland State Law Review
Drawing out the deeper questions of pragmatism, professional autonomy, argues, contrary to the dominant academic opinion in the field, that the empirical underpinnings of multidisciplinary practice (MDP) are weak as are its theoretical justifications and overall compatibility with the policy imperatives of true professionalism. The Article is in a sense a response to the observation of the eminent scholar of the legal profession, Professor Charles Wolfram that, "shockingly little has been written in opposition to MDP." The Article critically examines and refutes the arguments deployed in support of MDP, a subject that has attracted much attention in recent times as …
Mixing Oil And Water: Reconciling The Substantial Factor And Result-Within-The-Risk Approaches To Proximate Cause, Peter Zablotsky
Mixing Oil And Water: Reconciling The Substantial Factor And Result-Within-The-Risk Approaches To Proximate Cause, Peter Zablotsky
Cleveland State Law Review
Most recently, however, the courts—the entities mandated to apply proximate cause during the course of the analysis of liability for negligence—appear to have brokered a peace between the dueling conceptualizations of proximate cause. As applied, the proximate cause analysis grounded in substantial factor appears to be yielding the same results with respect to liability as the proximate cause analysis grounded in foreseeability. It is the thesis of this Article that such a peace has, in fact, been brokered; whether approached from the means of substantial factor or result-within-the-risk, the end is the finding of common ground for the purpose of …
Alternative Liability And Deprivation Of Remedy: Teaching Old Tort Law New Tricks, Adam L. Fletcher
Alternative Liability And Deprivation Of Remedy: Teaching Old Tort Law New Tricks, Adam L. Fletcher
Cleveland State Law Review
The problems presented by “tortfeasor indeterminacy” are perhaps the greatest remaining point of contention in the otherwise generally overlooked requirement of cause-in-fact. The issue is deceptively simple; several defendants have breached a duty to the plaintiff and one of their breaches is the cause-in-fact of plaintiff's injury, but it is impossible to tell which one. As a result, the plaintiff cannot meet his evidentiary burden on the element of cause-in-fact and is unable to recover. In response to the plaintiff's dilemma, courts have developed the doctrines of “alternative liability” and “market-share liability.” Yet many courts and commentators have rejected these …
Holding Nature Responsible: The Natural Conditions Exception To Water Quality Standards Of The Clean Water, Shimshon Balanson
Holding Nature Responsible: The Natural Conditions Exception To Water Quality Standards Of The Clean Water, Shimshon Balanson
Cleveland State Law Review
Part I provides a background to the Clean Water Act (“CWA”), including a brief review of its history, structure, and the development of water quality standards. The analysis in Part II.A explores the states' responsibilities in compiling a list of impaired water under CWA § 303(d), while Part II.B reviews the evolution of the “natural conditions” exception in case law, state regulation, and EPA policy and guidance. Part II.C evaluates the validity of the “natural conditions” exception from three frameworks—scientific, public policy, and legal—and raises serious questions as to whether deviatory water quality standards cohere with the principles and purposes …
Promissory Estoppel And The Protection Of Interpersonal Trust , John J. Chung
Promissory Estoppel And The Protection Of Interpersonal Trust , John J. Chung
Cleveland State Law Review
This paper examines the role of trust in promissory estoppel and the extent to which the law should protect trust when a promise is made. Part II of this Article summarizes some of the scholarship discussing the nature and role of trust. In particular, it discusses the role of trust in a market economy, and the related role of trust in Contracts law. Part III examines whether there is a difference between trust and reliance, and whether it matters. Part III further asserts that a separate discussion of trust is beneficial because it has the potential to guide and inform …
On The Ramifications Of Leegin Creative Leather Products, Inc. Psks, Inc.: Art Tie-Ins Next Essay , Alan Devlin
On The Ramifications Of Leegin Creative Leather Products, Inc. Psks, Inc.: Art Tie-Ins Next Essay , Alan Devlin
Cleveland State Law Review
This Essay considers whether the Roberts Court would now overrule the last bastion of the Harvard School-the rule against product tying-if given the opportunity. The economic arguments against per se treatment of tie-ins apply a fortiori to those against resale price maintenance. In addition, applying the line of thought followed by the majority in Leegin leads inexorably to the conclusion that the per se rule proscribing tying arrangements should be similarly overruled. Part II explains the business practice of resale price maintenance and the law's formerly mistaken understanding of its consequences. The Leegin case will then be introduced and compendiously …
Catching The Unique Rabbit: Why Pets Should Be Reclassified As Inimitable Property Under The Law, Kelly Wilson
Catching The Unique Rabbit: Why Pets Should Be Reclassified As Inimitable Property Under The Law, Kelly Wilson
Cleveland State Law Review
This Note introduces a new approach for resolving the issue of inadequate compensation for pet loss by arguing for the adoption of a new classification of personal property called inimitable property. The new categorization takes into consideration the live, conscious, and unique qualities of pets that distinguish them from other sorts of inanimate property.
Reclaiming Abandoned Properties: Using Public Nuisance Suits And Land Banks To Pursue Economic Redevelopment, Mathew J. Samsa
Reclaiming Abandoned Properties: Using Public Nuisance Suits And Land Banks To Pursue Economic Redevelopment, Mathew J. Samsa
Cleveland State Law Review
The dangers posed by abandoned and vacant properties present a matter of primary concern for municipalities, especially in older, industrial cities. Addressing these issues requires innovative methods and long-term planning. This Note examines the methods of attacking abandonment. Part II, describes the problems presented by abandoned and vacant housing. Part III examines the effectiveness of code enforcement and traditional tax foreclosure. Part IV analyzes privatized nuisance abatement suits and receiverships. Part V discusses land banks. Part VI argues that using broadly empowered privatized nuisance abatement suits for individual parcels and land banks for mass acquisitions is the most effective means …
Does Congress Find Facts Or Construct Them - The Ascendance Of Politics Over Reliability, Perfected In Gonzales V. Carhart, Elizabeth De Coux
Does Congress Find Facts Or Construct Them - The Ascendance Of Politics Over Reliability, Perfected In Gonzales V. Carhart, Elizabeth De Coux
Cleveland State Law Review
The disparity between the rules of courts and the rules of Congress gives rise to this question: is the rigor-or lack of it-with which Congress evaluates the reliability of evidence an appropriate factor for courts to consider in deciding whether to defer to a congressional finding? In this Article, I consider whether Congress should adopt rules to fill the void. In Part I, I give a brief summary of the development and use of Congressional Committees. In Part II, I analyze several modern-day congressional hearings in an effort to examine the degree to which Congress and its committees require that …
Capital In Chaos: The Subprime Mortgage Crisis And The Social Capital Response , Raymond H. Brescia
Capital In Chaos: The Subprime Mortgage Crisis And The Social Capital Response , Raymond H. Brescia
Cleveland State Law Review
Can law create trust? Can law make people more trustworthy? These are some of the questions posed by scholars across the political spectrum interested in the impact of law on society. There is no shortage of arguments on both sides of these questions: that law can be a tool for promoting trust, or destroying it. This Article is an attempt to address these questions through an analysis of a single market, to explore the interplay between law and trust in a situation of abject market failure: the subprime mortgage crisis in the United States. Initially, I will introduce the concept …
Natural Is Not In It: Disaster, Race, And The Built Environment, Thomas W. Joo
Natural Is Not In It: Disaster, Race, And The Built Environment, Thomas W. Joo
Cleveland State Law Review
Reviewing After the Storm: Black Intellectuals Explore the Meaning of Hurricane Katrina edited by David Dante Troutt. New York: New Press. 2006. Editor David Troutt has assembled a fascinating and wide-ranging collection of essays on the Katrina disaster. The contributing authors, primarily (though not exclusively) law professors, put the disaster into a larger context of American law and politics. While the authors' concerns and opinions are diverse, the interaction between human choice and the "natural" is a consistent theme running through the background of the book.
What The High Court Giveth The Lower Courts Taketh Away: How To Prevent Undue Scrutiny Of Police Officer Motivations Without Eroding Randolph's Heightened Fourth Amendment Protections, Marc Mcallister
Cleveland State Law Review
Beginning in 1969 with Frazier v. Cupp and extending through early 2006, the Supreme Court followed a trend of expanding the scope of lawful warrantless consent searches and correspondingly limiting privacy rights under the Fourth Amendment. Most likely, Georgia v. Randolph will be remembered as a bump along the road toward an ever-expanding consent doctrine. Despite Chief Justice Roberts' concerns, post-Randolph case law reveals that Randolph is not the watershed case its dissenters feared. Part II of this article summarizes the Randolph decision with emphasis on the Court's express limitations of its rule. Part III describes various post-Randolph cases that …
Ohio's Ban On Municipal Residency Requirements: Can The Employee Welfare Provisions Of The Ohio Constitution Protect The Ban From Home Rule Challenges, Brenda A. Sweet
Ohio's Ban On Municipal Residency Requirements: Can The Employee Welfare Provisions Of The Ohio Constitution Protect The Ban From Home Rule Challenges, Brenda A. Sweet
Cleveland State Law Review
This Note argues that the Ohio Revised Code prohibition of residency requirements does not qualify as legislation for the "comfort, health, safety and welfare of all employees" since the law improperly attempts to control conditions for employment, rather than conditions of employment, and that the Supreme Court of Ohio has previously, improperly interpreted the employee welfare provision and should more narrowly construe, if not reverse, its holding in Rocky River IV. Part II addresses residency requirements in the city of Cleveland and describes the current litigation in which the city is involved. Part III provides a background of the four …
Possibility Of Plain Meaning: Wittgenstein And The Contract Precedents, Val D. Ricks
Possibility Of Plain Meaning: Wittgenstein And The Contract Precedents, Val D. Ricks
Cleveland State Law Review
Pacific Gas & Electric Co. v. G.W. Thomas Drayage & Rigging Co and In re Soper's Estate claim that plain meaning in contract law is impossible. This claim is left irrefuted in the casebooks and contract law literature, Part I notes, and in most teaching of contract law. The consequence is that students are taught that plain meaning is impossible. A startling implication of this conclusion, as Part I explains, is that the majority of U.S. courts, which hold to the plain meaning rule, are relying on a fiction. But the claim that plain meaning is impossible is false, as …
Rhetorical Neutrality: Colorblindness, Frederick Douglass, And Inverted Critical Race Theory, Cedric Merlin Powell
Rhetorical Neutrality: Colorblindness, Frederick Douglass, And Inverted Critical Race Theory, Cedric Merlin Powell
Cleveland State Law Review
Rhetorical Neutrality refers to the middle ground approach adopted by the Supreme Court in its race jurisprudence. This Article examines rhetorical neutrality as evinced in the narratives espoused in the opinions of Justices O'Connor and Thomas. In Grutter, both Justices employ neutral approaches, rooted in colorblindness. However, the underlying rhetoric, or how their reasoning is expressed in their respective opinions, is strikingly distinct. Neither Justice advances a remedial approach; both Justices start with the premise that race is inherently suspect, but their approaches diverge because they view colorblind neutrality in fundamentally distinct ways.
Revolution In Law Through Arbitration, The Eighty-Fourth Cleveland-Marshall Fund Visiting Scholar Lecture , Thomas E. Carbonneau
Revolution In Law Through Arbitration, The Eighty-Fourth Cleveland-Marshall Fund Visiting Scholar Lecture , Thomas E. Carbonneau
Cleveland State Law Review
My subject is arbitration. I explore how its re-emergence during the last forty years has revolutionized the thinking about, and the practice of, law. The development of a "strong federal policy favoring arbitration" cast aside traditional acceptations about law and adjudication. The rule of law-the human civilization associated with law and the legal process-has been profoundly, perhaps irretrievably, altered by the rise of arbitration. The landmark cases in labor and employment arbitration-Alexander v. Gardner-Denver Company (the "old time religion") and Gilmer v. Interstate/Johnson Lane Corporation (the "new age"thinking)-attest to the enormous distance that separates past and present concepts of legal …
Does Fraud Pay - An Empirical Analysis Of Attorney's Fees Provisions In Consumer Fraud Statutes , Debra Pogrund Stark, Jessica M. Choplin
Does Fraud Pay - An Empirical Analysis Of Attorney's Fees Provisions In Consumer Fraud Statutes , Debra Pogrund Stark, Jessica M. Choplin
Cleveland State Law Review
The discretionary language in some consumer fraud statutes may cause consumers and lawyers to be less likely to decide to bring even a strong meritorious consumer fraud case, impeding the articulated legislative policy to promote the bringing of such cases. These statutes should be modified to eliminate such discretion by the courts. Part II of the Article sets out the economic dilemma a typical consumer faces in deciding whether to bring an action under the common law to be compensated for her losses when she has been defrauded (the "economic feasibility" issue). It then discusses the legislative response to the …
Slavery, Federalism, And The Constitution: Ableman V. Booth And The Struggle Over Fugitive Slaves , Earl M. Maltz
Slavery, Federalism, And The Constitution: Ableman V. Booth And The Struggle Over Fugitive Slaves , Earl M. Maltz
Cleveland State Law Review
The Article will discuss and analyze the forces that shaped Ableman v. Booth, one of the most dramatic confrontations in the long-running dispute over fugitive slaves, the Supreme Court's disposition of the case, and the aftermath of the decision. The Article will begin by describing the state of the dispute over fugitive slaves in the mid-1850s. The Article will then recount the events that brought Ableman to the Supreme Court and analyze the Court's opinion. Finally, the Article will discuss the aftermath and significance of the dispute.
Violence, Fear, And Jason's Law: The Needless Expansion Of Social Control Over The Non-Dangerous Mentally Ill In Ohio, Jessica L. Mackeigan
Violence, Fear, And Jason's Law: The Needless Expansion Of Social Control Over The Non-Dangerous Mentally Ill In Ohio, Jessica L. Mackeigan
Cleveland State Law Review
Ohio House Bill 299, known as Jason's Law in memory of Officer Jason West, proposes involuntary outpatient care for treatment resistant mentally ill individuals. Jason's Law should not be enacted as written because it will compel respondents to adhere to outpatient treatment based upon predictions of future danger to self or others rather than findings of imminent danger or incompetence, it will remove treatment flexibility currently guaranteed by Ohio law by extending the duration of treatment and limiting a treatment provider's discretion, it will compel the use of unproven medication over the objections of a presumably competent individual without requiring …
Models And Games: The Difference Between Explanation And Understanding For Lawyers And Ethicists , Jeffrey M. Lipshaw
Models And Games: The Difference Between Explanation And Understanding For Lawyers And Ethicists , Jeffrey M. Lipshaw
Cleveland State Law Review
There is value for lawyers in thinking about constructs of rules as games on one hand, or models on the other. Games are real in a way models are not. Games have "thingness"--an independent reality-and they can be played. Models have "aboutness"-they map onto something else that is real for the sake of simplification and explanation. But models and games are not dichotomous as the preceding claim makes them out to be. Sometimes models look just like games, and sometimes games can serve as models. Because models look like games, we may come to believe they are real-that the models …