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Cleveland State University

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2008

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Articles 1 - 26 of 26

Full-Text Articles in Law

2008 Scholars And Artists Bibliography, Rajshehkar G. Javalgi Dr., Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library Oct 2008

2008 Scholars And Artists Bibliography, Rajshehkar G. Javalgi 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. Rajshekhar Javalgi was the guest speaker.


Resolving The Unexpected In Elections: Election Officials' Options, S. Candice Hoke, Matt Bishop, Mark Graff, David Jefferson, Sean Peisert Oct 2008

Resolving The Unexpected In Elections: Election Officials' Options, S. Candice Hoke, Matt Bishop, Mark Graff, David Jefferson, Sean Peisert

Law Faculty Reports and Comments

This paper seeks to assist election officials and their lawyers in effectively handling the technical issues that can be difficult to understand and analyze, allowing them to protect themselves and the public interest from unfair accusations, inaccuracies in results, and conspiracy theories. The paper helps to empower officials to recognize which types of voting system events and indicators need a more structured analysis and what steps to take to set up the evaluations (or forensic assessments) using computer experts.


Hope For Homeowners: Too Little, Too Late, Carole O. Heyward Oct 2008

Hope For Homeowners: Too Little, Too Late, Carole O. Heyward

Law Faculty Articles and Essays

Heyward argues that the HOPE for Homeowners Act of 2008 is too little, too late for the many homeowners who faced foreclosure in 2007 and the three million homeowners who are predicted to default. Given the significant barriers to success, it is unlikely that the program will prevent a significant number of foreclosures or that it will stabilize the mortgage market. Providing help to 400,000 homeowners is simply not enough, given the magnitude of the problem. The housing market is plagued by 12 million homeowners who owe more than their homes are worth. The problem is compounded by the record …


The Likely Impact Of Mandated Paid Sick And Family-Care Leave On The Economy And Economic Development Prospects Of The State Of Ohio, Edward W. Hill, Spence Christopher, Daila Shimek, Ziona Austrian Sep 2008

The Likely Impact Of Mandated Paid Sick And Family-Care Leave On The Economy And Economic Development Prospects Of The State Of Ohio, Edward W. Hill, Spence Christopher, Daila Shimek, Ziona Austrian

All Maxine Goodman Levin School of Urban Affairs Publications

This report analyzes the potential impact of a proposed paid sick and family care leave legislation on the economy of the state of Ohio, the economic development prospects of the state and on the management of production processes that depend on highly integrate teams. The report also reviews the literature on the effect of mandated paid sick and family care leave on the industrial relations system—workplace performance and worker retention. Our analysis concludes that there would have been a net cost associated with the paid sick leave and family-care initiative proposed in Ohio with a lower bound estimate of $63.84 …


Op Ed: Loose Application Of Depreciation Doctrine, Deborah A. Geier Sep 2008

Op Ed: Loose Application Of Depreciation Doctrine, Deborah A. Geier

Law Faculty Articles and Essays

Deborah A. Geier responds to the interpretation of the capitalization doctrine by Andy A. Torosyan and Joseph M. Johnson.


Remedies And The Supreme Court's October 2007 Term, Steven H. Steinglass Sep 2008

Remedies And The Supreme Court's October 2007 Term, Steven H. Steinglass

Law Faculty Articles and Essays

For this third annual review of Supreme Court decisions, I have identified three cases from very different areas all of which involve the remedies available for violations of federal law. These cases deal with the following issues: (a) federal remedies for state violations of federal labor policy (Chamber of Commerce); (b) state remedies for violations of the federal Bill of Rights (Danforth) and (c) federal common law standards for awarding punitive damages (Exxon Shipping).


Reincarnating The “Major Questions” Exception To Chevron Deference As A Doctrine Of Non-Interference (Or Why Massachusetts V. Epa Got It Wrong), Abigail R. Moncrieff Jul 2008

Reincarnating The “Major Questions” Exception To Chevron Deference As A Doctrine Of Non-Interference (Or Why Massachusetts V. Epa Got It Wrong), Abigail R. Moncrieff

Law Faculty Articles and Essays

This Article proceeds as follows. Part I describes the birth of the major questions exception in MCI and Brown & Williamson and the death of the exception in Massachusetts. Part II identifies the three forms of the major questions rule that the Court and the literature have proposed to date and rejects all three, concluding that the rule ought not to be reincarnated if it cannot also be reformed. Part III proposes the noninterference form of the Chevron exception, demonstrating its foundations in the history of the major questions cases and demonstrating its similarities to other noninterference rules. Part IV …


Mistake And Disclosure In A Model Of Two-Sided Informational Inputs, Michael J. Borden Jul 2008

Mistake And Disclosure In A Model Of Two-Sided Informational Inputs, Michael J. Borden

Law Faculty Articles and Essays

This paper will examine some theoretical aspects of contractual non-disclosure and the related doctrine of unilateral mistake. These two legal rubrics are conceptually similar; each is concerned with the degree to which parties must communicate their understandings about the nature of the contract into which they are about to enter. If one party fails to reveal enough information, the other party may enter into the agreement under a misunderstanding and consequently may attempt to avoid contractual liability on the basis of mistake or on a theory of nondisclosure. The law of contracts clearly attaches a great deal of importance to …


Before You Log-On: Incorporating The Free Web In Your Legal Research Strategy, Lauren M. Collins Jul 2008

Before You Log-On: Incorporating The Free Web In Your Legal Research Strategy, Lauren M. Collins

Law Faculty Articles and Essays

In 2006, the American Bar Association (ABA) published its Legal Technology Survey Report, which included a volume on Online Research. In the report, attorneys responded that 91% are conducting at least some of their research online. Though 39% report that they start their research using a fee-based service like Westlaw or Lexis, the report shows that even those who start their research with a fee-based resource eventually get it right-87% of attorneys report using some free online resources at some point over the course of a research project.


Responding To Foreclosures In Cuyahoga County: A Pilot Initiative, Interim Report, Alan C. Weinstein, Kathryn W. Hexter, Molly Schnoke May 2008

Responding To Foreclosures In Cuyahoga County: A Pilot Initiative, Interim Report, Alan C. Weinstein, Kathryn W. Hexter, Molly Schnoke

Law Faculty Reports and Comments

The Center for Civic Education and the Cleveland-Marshall College of Law released their report, on May 12, 2008. The report, prepared for the Cuyahoga County Board of Commissioners, is an assessment of the County's comprehensive approach to addressing foreclosures on two levels: 1) Making foreclosure proceedings faster and fairer and 2) Creating an early intervention program to help residents prevent foreclosure.


What's In A Name? A Gen Xer And Gen Yer Explore What It Means To Be Members Of Their Generations In The Workplace, Lauren M. Collins, Elizabeth A. Yates May 2008

What's In A Name? A Gen Xer And Gen Yer Explore What It Means To Be Members Of Their Generations In The Workplace, Lauren M. Collins, Elizabeth A. Yates

Law Faculty Articles and Essays

In the NextGen Librarian's Survival Guide by Rachel Singer Gordon, the author cites several reasons this time is different than times before in librarianship. Those that are most relevant to law librarianship include:

• Flattening workplace hierarchies and participative management increase the input of newer librarians in workplace decision making

• New technologies require changing skills that affect attitudes toward the integration of those technologies into our daily work

• Outside pressures, such as the prevalence of the Internet, impose a need for librarians to continually prove our relevance and improve relations with younger patrons

• The much talked about …


The Evolution Of International Law, Milena Sterio Apr 2008

The Evolution Of International Law, Milena Sterio

Law Faculty Articles and Essays

Globalization, characterized by the inter-connectivity of persons, states, and non-state actors on a global plane, has led to the development of binding international law across several legal fields, namely, international human rights, international criminal law, and private international law. This Article explores the proliferation of actors, norms, and organizations, as well as the expansion of international jurisdiction that has underscored the development of international law over the last half century. The Article focuses on the impact of globalized international law on state actors, as well as on individuals, by reshaping their behavior in the international realm. In particular, this Article …


Review: Voices Of American Law: Us Supreme Court Cases Meet The 21st Century, Lauren M. Collins Apr 2008

Review: Voices Of American Law: Us Supreme Court Cases Meet The 21st Century, Lauren M. Collins

Law Faculty Articles and Essays

Review of documentary series Voices of American Law (Thomas B. Metzloff & Sarah Wood, producers)


The Lt. Governor Encourages Lawyers To Take Advantage Of State Resources To Aid Ohio's Economic Development, Lee Fisher Mar 2008

The Lt. Governor Encourages Lawyers To Take Advantage Of State Resources To Aid Ohio's Economic Development, Lee Fisher

Law Faculty Articles and Essays

For the last several months, my colleagues and I at the Ohio Department of Development have been focused on the formation of a statewide economic development strategy that will establish our priorities and guide our future decisions. Ultimately this strategy will serve as an economic development plan for Ohio that will be led primarily by the Ohio Department of Development, along with the Governor's office and other state agencies and departments. With full implementation, our strategic plan will not only guide Ohio's long-term investments, but will also help guide our daily decisions.


Confidence In The Nonprofit Sector Through Sarbanes-Oxley-Style Reforms, Joseph Mead Mar 2008

Confidence In The Nonprofit Sector Through Sarbanes-Oxley-Style Reforms, Joseph Mead

Law Faculty Articles and Essays

Over the past several years, the nonprofit sector suffered a series of highly visible scandals that shook the public's confidence in charitable organizations. Concerned politicians and nonprofit leaders responded with a variety of reforms inspired by the Sarbanes-Oxley Act. The Note focuses on three such reforms: requiring nonprofit officers certify financial statements, mandating audits of nonprofits' financial statements, and imposing independent audit committees on nonprofit boards of directors. This Note argues that, contrary to the conclusions of many commentators, these reforms will provide a net benefit to the nonprofit sector by increasing donor confidence while imposing minimal costs.


Rescuing Space Tourists: A Humanitarian Duty And Business Need, Mark J. Sundahl Jan 2008

Rescuing Space Tourists: A Humanitarian Duty And Business Need, Mark J. Sundahl

Law Faculty Contributions to Books

This paper explores the controversial topic of the duty to rescue under existing space law treaties and makes the case for an expansive interpretation of the treaties that would require states to rescue space tourists. This being said, space companies are advised not to rely on state action to rescue tourists in distress, but are instead urged to make their own arrangements to help ensure the safety of their customers and, in turn, limit their exposure to liability. To assist companies in this task, this paper sets forth the essential components of a rescue policy that should be adopted by …


Alternatives For Youth’S Advocacy Program:Reducing Minority Youth Incarceration Placements In Cleveland, Ohio, Christopher A. Mallett, Linda Julian Jan 2008

Alternatives For Youth’S Advocacy Program:Reducing Minority Youth Incarceration Placements In Cleveland, Ohio, Christopher A. Mallett, Linda Julian

Social Work Faculty Publications

Detaining and incarcerating juvenile delinquents is ineffective and costly juvenile justice policy. These placements, indicative of the “tough on crime” approach, become problematic for many of these youths who do not have the advantage of legal counsel because they waive this right. In addition, a majority of these youths have a mental health or special education disability that does not get addressed in correctional facilities. Alternatives for Youth's Advocacy Program (AFY) in Cleveland, Ohio (Cuyahoga County) is addressing these issues using a holistic approach that includes the provision of civil legal representation to assist youths in accessing disability services and …


Developing Internal Consistency In Writing Assignments By Involving Students In Problem Drafting, Karin M. Mika Jan 2008

Developing Internal Consistency In Writing Assignments By Involving Students In Problem Drafting, Karin M. Mika

Law Faculty Articles and Essays

This article addresses a legal writing teaching strategy that helps students develop internal consistency in their legal documents with respect to issue, facts, and law. The teacher recounts the effect of her classroom experience by splitting her students into groups, assigning various legal issues, and then having the students draft their own fact situations.


Raising The Price Of Pork In Texas: A Few Thoughts On Ghosh, Bush, And The Future Of Antitrust Immunity, Christopher L. Sagers Jan 2008

Raising The Price Of Pork In Texas: A Few Thoughts On Ghosh, Bush, And The Future Of Antitrust Immunity, Christopher L. Sagers

Law Faculty Articles and Essays

Shubha Ghosh and Darren Bush were personally involved in real-world opposition to the Love Field airline terminal deal, organizing petitioning efforts in Congress and otherwise trying to get it stopped.My comments here basically ride two horses, because Ghosh and Bush raise two important and intriguing problems. First, I think the problem in the Love Field case and other case law they discuss is really just the problem with all of federal antitrust. Antitrust is in a dire state across the board. Lately, we seem near the completion of its euthanasia, which happened pretty much as Adams and Brock predicted, although …


Occupiers Of 51 Olivia Road V. City Of Johannesburg: Enforcing The Right To Adequate Housing Through Engagement, Brian E. Ray Jan 2008

Occupiers Of 51 Olivia Road V. City Of Johannesburg: Enforcing The Right To Adequate Housing Through Engagement, Brian E. Ray

Law Faculty Articles and Essays

On 19 February 2008, the South African Constitutional Court handed down an important new socioeconomic rights decision, Occupiers of 51 Olivia Road v City of Johannesburg ('City of Johannesburg'). City of Johannesburg approved a landmark settlement between the City of Johannesburg and residents of several informal communities in Johannesburg who had sought to prevent the City from evicting them as part of an inner-city regeneration project. Rather than imposing a direct remedy, the Court instead constitutionalised a novel 'engagement' requirement in housing-rights cases. Engagement, which requires government entities to consult with residents affected by policy decisions that may involve eviction …


Seeking A Seat At The Table: Has Law Left Environmental Ethics Behind, As It Embraces Bioethics?,, Heidi Gorovitz Robertson Jan 2008

Seeking A Seat At The Table: Has Law Left Environmental Ethics Behind, As It Embraces Bioethics?,, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

Bioethics evolved from theoretical philosophy into an applied field. Decision makers in health and medical sciences involve bioethicists in decisions and policy making. Although people study environmental ethics, mainly in philosophy programs, environmental ethicists are not involved in decision making. I explore the development of bioethics and environmental ethics, primarily considering the role of law in their development. I ask whether laws and legal opinions encouraging the use of bioethicists in decision making promoted the development of applied bioethics, and correspondingly, whether the absence of laws and opinions promoting environmental ethicists retarded the development of applied environmental ethics. Finally, I …


How To Avoid A "Holy War" -- Dealing With Potential Rluipa Claims, Alan C. Weinstein Jan 2008

How To Avoid A "Holy War" -- Dealing With Potential Rluipa Claims, Alan C. Weinstein

Law Faculty Articles and Essays

This article discusses how local government can seek to avoid a claim being brought against it under the Religious Land Use & Institutionalized Persons Act (RLUIPA). Thus, the focus is not on what steps a local government should take when a RLUIPA claim is brought - or threatened to be brought - against it, but focuses instead on what steps local governments should take to seek to avoid a RLUIPA claim in the first place. After reviewing both the changing context of religious observance in the United States, and RLUIPA decisions to date, the article concludes that we are clearly …


The Subprime Mortgage Crisis And Local Government: Immediate And Future Challenges, Alan C. Weinstein Jan 2008

The Subprime Mortgage Crisis And Local Government: Immediate And Future Challenges, Alan C. Weinstein

Law Faculty Articles and Essays

No abstract provided.


Bearing False Witness: Perjured Affidavits And The Fourth Amendment, Stephen W. Gard Jan 2008

Bearing False Witness: Perjured Affidavits And The Fourth Amendment, Stephen W. Gard

Law Faculty Articles and Essays

The purpose of this Article is to articulate appropriate legal doctrine to govern the problem of false statements of fact by law enforcement officers in warrant affidavits. This Article addresses the issue in the context of actions brought pursuant to 42 U.S.C. § 1983 to redress such Fourth Amendment violations. This perspective promises to be interesting and unique for two reasons. First, the fact that the guilty are ordinarily the direct beneficiaries of the Fourth Amendment has long been a matter of grave concern. In contrast, rarely, if ever, will anyone except an innocent victim of a search based on …


What Teenagers Can Teach Us About Good Teaching, Karin M. Mika Jan 2008

What Teenagers Can Teach Us About Good Teaching, Karin M. Mika

Law Faculty Articles and Essays

The author relates some of the things she has learned from her teenager about what the upcoming generation of students believe makes for a good teacher.


The Duty To Report Violations Of The Rules Of Professional Conduct: Alternative Views, Lloyd B. Snyder, Harry D. Cornett Jr. Jan 2008

The Duty To Report Violations Of The Rules Of Professional Conduct: Alternative Views, Lloyd B. Snyder, Harry D. Cornett Jr.

Law Faculty Articles and Essays

Thomas Horwitz wrote a thoughtful, provocative article in the November edition of this Journal critizicing Ohio Advisory Opinion 2007-1. That opinion offers the view of the Board of Commissioners on Grievances and Discipline on several features of Rule 8.3 of the Ohio Rules of Professional Conduct. Rule 8.3 requires lawyers to report certain violations of the Rules. Failure to report is itself a violation of the Rules. Horwitz not only criticized the advisory opinion, he also disapproved the procedures followed by the Board in formulating its advisory opinion. The authors of this article disagree with Howitz and offer their views …