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Cleveland State University

1994

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Full-Text Articles in Law

1994 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library Nov 1994

1994 Scholars And Artists Bibliography, 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


Four Remarkable Ohio Women Lawyers--The Cronise Sisters Of Tiffin, Florence Allen, And Cleveland Law School's "Hard-Boiled Mary'", Arthur R. Landever Oct 1994

Four Remarkable Ohio Women Lawyers--The Cronise Sisters Of Tiffin, Florence Allen, And Cleveland Law School's "Hard-Boiled Mary'", Arthur R. Landever

Law Faculty Articles and Essays

Four Ohio Women blazed the trail. Among the early women lawyers in our state, they overcame resistance from the male bar or the culture of the day to distinguish themselves in the profession. Nettie Cronise was the first woman admitted to the Ohio bar. Her sister Florence followed, several months later. Florence Allen, admitted in 1914, became the nation's preeminent woman judge of her time. Mary Grossman, from Jewish immigrant roots, had a memorable career on the Cleveland Municipal Court. Why did these women choose law despite society's obstacles? What do they have to tell us?


Child Abuse: Should You Report It?, David F. Forte Aug 1994

Child Abuse: Should You Report It?, David F. Forte

Law Faculty Articles and Essays

This article discusses the options under the Code of Professional Responsibility for a domestic relations attorney who acquires confidential or secret information about child abuse by a client.


Murder, Capital Punishment, And Deterrence: A Review Of The Evidence And An Examination Of Police Killings., William C. Bailey, Ruth Peterson Jul 1994

Murder, Capital Punishment, And Deterrence: A Review Of The Evidence And An Examination Of Police Killings., William C. Bailey, Ruth Peterson

Sociology & Criminology Faculty Publications

This paper reviews and assesses the empirical literature on murder, capital punishment, and deterrence. There is a large body of evidence regarding these issues, with studies yielding a rather consistent pattern of nondeterrence. However, most investigations are limited because they rely upon the general homicide rate as the criterion variable, although both legally and theoretically, different types of murder may be differentially subject to deterrence. As an example of how deterrence investigations may benefit from examining different types of homicide, we conduct a monthly time-series analysis of the possible deterrent effect of the provision for capital punishment, levels of execution ...


Method In Jewish Bioethics: An Overview, Dena S. Davis Jul 1994

Method In Jewish Bioethics: An Overview, Dena S. Davis

Law Faculty Articles and Essays

This essay introduces the reader to the processes by which Jewish ethical-legal reasoning brings old insights to bear on new problems generated by advances in science and medicine. There are at least four reasons why Jewish legal thinking in this area is important to the wider community of Western legal scholars. First, because the law often strives to consider different religious beliefs, it is important to understand these beliefs, the history of these beliefs, and how they function within their religious community.

Second, Jewish legal thinking is important because representatives of religious traditions frequently serve on policy and law-making bodies ...


John Marshall And The Moral Basis For Judicial Review, David F. Forte Jun 1994

John Marshall And The Moral Basis For Judicial Review, David F. Forte

Law Faculty Articles and Essays

During the last two decades, many observers have been disappointed in some of the appointments to the federal bench and in the judicial philosophies some judges have brought with them. But if we turn to the source of our constitutional order, we would find in the example of John Marshall the moral basis for the judicial craft.


1994 Richard Eberling Polygraph Test, Lee G. Feathers Mar 1994

1994 Richard Eberling Polygraph Test, Lee G. Feathers

Other Suspects

First page is a memo from David L. Doughten, Richard Eberling's attorney, to Bill Mason, Cuyahoga County Prosecutor. Next is a copy of a summary of a polygraph test given to Richard Eberling on March 3, 1994. The examiner concluded that there were no indications that Eberling was lying when he said he did not murder Marilyn Sheppard.


The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger Jan 1994

The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger

Journal of Law and Health

The development, publicity and availability of new and assisted methods of human reproduction raise profound ethical, legal and medical concerns. As for any new medical technology, there is a need for research and experimentation. At the same time, because human life is involved, there are calls for ethical and legal evaluations and regulations. These new technologies have been developed and applied in different countries, each with different cultures and legal traditions. It is instructive to compare how different countries respond legally to such new technologies. A comparison between the United States and United Kingdom is particularly enlightening because both share ...


Accessing Genomic Information Or Safeguarding Genetic Privacy, George P. Smith Ii Jan 1994

Accessing Genomic Information Or Safeguarding Genetic Privacy, George P. Smith Ii

Journal of Law and Health

The real-although often exaggerated-threats to genetic privacy, and the resulting forms of geneticdiscrimination, posed as a consequence of research in this field, can be contained by careful development and application of legal norms through legislative schemes at the state and federal levels of government. In partnership, law and science should seek to develop a contemporary agenda for social change that also seeks to fulfill socio-political goals.When viewed as but a tool for enhancing the health of the nation's citizens, and of engineering humanity's genetic weaknesses out of the line of inheritance, biological determinism is an absolute necessity ...


The Rehnquist Court, Strict Statutory Construction And The Bankruptcy Code, Carlos J. Cuevas Jan 1994

The Rehnquist Court, Strict Statutory Construction And The Bankruptcy Code, Carlos J. Cuevas

Cleveland State Law Review

This article analyzes the Rehnquist Court's use of strict statutory construction. It will argue that strict statutory construction can be justified under public choice and agency theories of statutory interpretation, and that strict construction promotes the implementation of bankruptcy policy. Strict statutory construction, moreover, is beneficial because it produces reliability and predictability, which is essential to our dynamic economy. The use of strict statutory construction precludes a court from relying on legislative history to manufacture the result that the court thinks is the best solution to the problem. Another justification for strict statutory construction is that it prevents bankruptcy ...


The Legal Regulation Of Foreign Investment In Russia, Vladimir F. Popondopulo Jan 1994

The Legal Regulation Of Foreign Investment In Russia, Vladimir F. Popondopulo

Cleveland State Law Review

The legal regulation of foreign investment in Russia is carried out in accordance with the Statute of the Russian Federation dated July 4, 1991, entitled, "Concerning Foreign Investment in the Russia Federation and in accordance with several other basic laws. The statute prescribes the concept of foreign investment and the forms in which it may take effect, the procedure for the creation, operation and liquidation of foreign investment business enterprises, the procedure for the acquisition by foreign investors of ownership shares in the enterprise, its stock or other securities, the procedure for the acquisition by the foreign investor of the ...


Tax Exemption To Health Maintenance Organizations: What's The Issue And Who Should Decide It, Arthur M. Reginelli Jan 1994

Tax Exemption To Health Maintenance Organizations: What's The Issue And Who Should Decide It, Arthur M. Reginelli

Journal of Law and Health

In light of the expected role HMOs will play in this country's health care reform, the continued debate over the Service's position regarding tax exemption for HMOs, the recent judicial confirmation of the Service's position regarding tax exemption for HMOs, the recent judicial confirmation of the Service's position, and proposals to codify the requirements a tax-exempt HMO must meet, a closer look at HMOs and the questions involving their tax exemption is warranted. Specifically, this note will examine the criteria that hospitals must meet to attain tax-exempt status and will consider the appropriateness of these criteria ...


Drug-Induced Alteration Of Psychotic Behavior: Who Benefits?, Gerald J. Schaefer Jan 1994

Drug-Induced Alteration Of Psychotic Behavior: Who Benefits?, Gerald J. Schaefer

Journal of Law and Health

Given the debilitating nature of psychosis, those affected are often unable to give informed consent about taking the medication. A crucial question is whether civil or criminal authorities can force the individual to take antipsychotic medication and under what circumstances this should be permitted. This review will focus on the current legal status of involuntary treatment with antipsychotics in various patient populations. The constitutional issues involved will be considered in light of both the patient's and the civil or criminal institution's rights and duties. A review of the literature suggests there is a critical need for a balanced ...


The Qui Tam Provision Of The Federal False Claims Act: The Statute In Current Form, Its History And Its Unique Position To Influence The Health Care Industry, Carolyn J. Pashke Jan 1994

The Qui Tam Provision Of The Federal False Claims Act: The Statute In Current Form, Its History And Its Unique Position To Influence The Health Care Industry, Carolyn J. Pashke

Journal of Law and Health

Unlike the defense industry (which has relatively little contact with the general public), the health care industry, as a service industry, is largely reliant on the general public. A lawsuit involving fraud in health care threatens to harm the public's opinion of the health care industry. For this reason, the qui tam provisions of the FCA (False Claims Act) are in a unique position to generate action and changes and have a substantial impact on the health care industry. This note will discuss the history of the qui tam element of the FCA; a breakdown of the statute;areas ...


A New Predicament For Physicians: The Concept Of Medical Futility, The Physician's Obligation To Render Inappropriate Treatment, And The Interplay Of The Medical Standard Of Care, Eric M. Levine Jan 1994

A New Predicament For Physicians: The Concept Of Medical Futility, The Physician's Obligation To Render Inappropriate Treatment, And The Interplay Of The Medical Standard Of Care, Eric M. Levine

Journal of Law and Health

Part II of this article discusses the concept of futility and reviews various proposed approaches to defining "futility". This article then shows how personal value judgments play an integral part in determining futility under virtually all of these approaches. Part II concludes that a decision that treatment is futile should not be based on the individual values of only the patient or physician under the shared decisionmaking model of the physician-patient relationship. Part III tackles the issue whether a physician must offer or continue treatment deemed "medically and ethically inappropriate." Part III first reviews common law doctrines governing the physician-patient ...


The Legal Regulation Of Foreign Investment In Russia, Vladimir F. Popondopulo Jan 1994

The Legal Regulation Of Foreign Investment In Russia, Vladimir F. Popondopulo

Cleveland State Law Review

The legal regulation of foreign investment in Russia is carried out in accordance with the Statute of the Russian Federation dated July 4, 1991, entitled, "Concerning Foreign Investment in the Russia Federation and in accordance with several other basic laws. The statute prescribes the concept of foreign investment and the forms in which it may take effect, the procedure for the creation, operation and liquidation of foreign investment business enterprises, the procedure for the acquisition by foreign investors of ownership shares in the enterprise, its stock or other securities, the procedure for the acquisition by the foreign investor of the ...


The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky Jan 1994

The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky

Cleveland State Law Review

Thus, I focus my attention on the problem of the First Amendment when the government must make content-based choices. I want to divide my remarks into four parts. I begin by reviewing the traditional bedrock rule of the First Amendment: The government cannot regulate speech based on its content. Second, I identify a broad range of cases where this rule cannot apply because the government must make content-based choices. Third, I suggest that the usual First Amendment principles are not helpful in analyzing these cases. Finally, I offer some initial thoughts about directions for dealing with this problem.


The Effect Of State Medical Malpractice Caps On Damages Awarded Under The Emergency Medical Treatment And Active Labor Act (42 U.S.C. 1395dd), Amy J. Mckitrick Jan 1994

The Effect Of State Medical Malpractice Caps On Damages Awarded Under The Emergency Medical Treatment And Active Labor Act (42 U.S.C. 1395dd), Amy J. Mckitrick

Cleveland State Law Review

Although EMTALA was passed in 1986, there have been relatively few cases reported which aid in establishing the scope and boundaries of the Act. The legislature itself has attempted to clarify EMTALA's provisions, and has amended the Act nearly every year since its enactment, the most recentamendments in 1990 and the most extensive amendments taking place in 1989. These amendments, however, have not changed the Act significantly from its original purpose and objectives7 and thus, much of the case law remains pertinent to a current analysis of the application of state medical malpracticecaps to claims under EMTALA.


The Genesis Of Russian Secured Transaction Law Before 1917, Konstantin Osipov Jan 1994

The Genesis Of Russian Secured Transaction Law Before 1917, Konstantin Osipov

Cleveland State Law Review

This article will begin by briefly explaining the characteristics of methods of securing performance of obligations in Russia. Then the article will focus on one method of securing the performance of obligations, namely the mortgage/pledge being used in Russian law under one common term-zalog. The article will trace the development of the mortgage/pledge from Roman law, and then will examine the role of the zalog in Russian law prior to 1917. A historical examination of the methods of securing the performance of obligations is especially relevant today since the developing Russian law is utilizing concepts as they existed ...


The Sixth Circuit's Unprecedented Reopening Of Demjanjuk V. Petrovsky, Deborah Roy Jan 1994

The Sixth Circuit's Unprecedented Reopening Of Demjanjuk V. Petrovsky, Deborah Roy

Cleveland State Law Review

In light of the criticism that the Sixth Circuit has received, this note will examine the authority of the court to reopen the Demjanjuk case in June, 1992.


Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck Jan 1994

Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck

Cleveland State Law Review

This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the ...


Judicial Bias, Donald C. Nugent Jan 1994

Judicial Bias, Donald C. Nugent

Cleveland State Law Review

This article examines how bias and prejudice may impact the decision making process of our judiciary. It begins in Part II from the premise that all judges, as a part of basic human functioning, bring to each decision a package of personal biases and beliefs that may unconsciously and unintentionally affect the decision making process. To the extent that we, as judges, recognize the potential for bias to enter into our deliberations, we combat the potential harm and unfairness that bias can produce if unchecked. Moreover, attorneys and other participants in the justice system should also be conscious of the ...


Continuity Of Business Requirements For N.O.L.S. In Bankruptcy: The Economic Effects Of 1.269-3(D), Terrence R. Chorvat Jan 1994

Continuity Of Business Requirements For N.O.L.S. In Bankruptcy: The Economic Effects Of 1.269-3(D), Terrence R. Chorvat

Cleveland State Law Review

This paper focuses on the use of carryforwards in a bankruptcy situation. In particular it examines the economic implications of Treasury Regulation § 1.269-3(d), which was finalized on January 6, 1992. This regulation creates a presumption that if the acquirer of a loss corporation does not continue the corporation's business, the transaction was consummated for tax avoidance purposes. Therefore under § 269, which limits use of NOLs after an acquisition, the loss corporation's NOLs cannot be used by the acquirer. This presumption, however, can be overcome by strong evidence that other motives controlled the decision.


Regulatory Theory And Deposit Insurance Reform, R. Mark Williamson Jan 1994

Regulatory Theory And Deposit Insurance Reform, R. Mark Williamson

Cleveland State Law Review

The purpose of this article, however, is not to summarize the maze of federal and state banking regulation. Instead, recognizing that deposit insurance is a centerpiece of the overall regulatory scheme to which any financial institution in the United States is subject, this article is primarily concerned with subjecting this form of bank regulation to analysis based upon general principles of regulatory theory. This article is less concerned with the details of banking law than it is with using regulatory to shape policy guidelines for the coming process of deposit insurance reform.


Book Review: The Right To Justice: The Political Economy Of Legal Services In The United States, Jane M. Picker Jan 1994

Book Review: The Right To Justice: The Political Economy Of Legal Services In The United States, Jane M. Picker

Cleveland State Law Review

No abstract provided.


Judicial Construction In The Wake Of The Nation's S & (And) L Crisis: Build A Better Status And The Fdic Will Beat A Path To Your Courtroom, Alison L. Drake Jan 1994

Judicial Construction In The Wake Of The Nation's S & (And) L Crisis: Build A Better Status And The Fdic Will Beat A Path To Your Courtroom, Alison L. Drake

Cleveland State Law Review

This note proposes that the Fifth Circuit's opinion in handling these claims provides a better rationale than the Ninth Circuit's opinion. The first factor examined is the degree of control exercised by the corporate officer(s) who had been aware of the financial woes that the outside professionals allegedly overlooked. The second factor discussed is whether the insiders' misconduct was for or against the institution. Finally, policy considerations will be evaluated to determine whether the FDIC should be accorded the special status that immunizes it from defenses which could have been asserted against the failed thrift through imputation ...


The Effect Of State Medical Malpractice Caps On Damages Awarded Under The Emergency Medical Treatment And Active Labor Act (42 U.S.C. 1395dd), Amy J. Mckitrick Jan 1994

The Effect Of State Medical Malpractice Caps On Damages Awarded Under The Emergency Medical Treatment And Active Labor Act (42 U.S.C. 1395dd), Amy J. Mckitrick

Cleveland State Law Review

Although EMTALA was passed in 1986, there have been relatively few cases reported which aid in establishing the scope and boundaries of the Act. The legislature itself has attempted to clarify EMTALA's provisions, and has amended the Act nearly every year since its enactment, the most recentamendments in 1990 and the most extensive amendments taking place in 1989. These amendments, however, have not changed the Act significantly from its original purpose and objectives7 and thus, much of the case law remains pertinent to a current analysis of the application of state medical malpracticecaps to claims under EMTALA.


Judicial Bias, Donald C. Nugent Jan 1994

Judicial Bias, Donald C. Nugent

Cleveland State Law Review

This article examines how bias and prejudice may impact the decision making process of our judiciary. It begins in Part II from the premise that all judges, as a part of basic human functioning, bring to each decision a package of personal biases and beliefs that may unconsciously and unintentionally affect the decision making process. To the extent that we, as judges, recognize the potential for bias to enter into our deliberations, we combat the potential harm and unfairness that bias can produce if unchecked. Moreover, attorneys and other participants in the justice system should also be conscious of the ...


Continuity Of Business Requirements For N.O.L.S. In Bankruptcy: The Economic Effects Of 1.269-3(D), Terrence R. Chorvat Jan 1994

Continuity Of Business Requirements For N.O.L.S. In Bankruptcy: The Economic Effects Of 1.269-3(D), Terrence R. Chorvat

Cleveland State Law Review

This paper focuses on the use of carryforwards in a bankruptcy situation. In particular it examines the economic implications of Treasury Regulation § 1.269-3(d), which was finalized on January 6, 1992. This regulation creates a presumption that if the acquirer of a loss corporation does not continue the corporation's business, the transaction was consummated for tax avoidance purposes. Therefore under § 269, which limits use of NOLs after an acquisition, the loss corporation's NOLs cannot be used by the acquirer. This presumption, however, can be overcome by strong evidence that other motives controlled the decision.


Regulatory Theory And Deposit Insurance Reform, R. Mark Williamson Jan 1994

Regulatory Theory And Deposit Insurance Reform, R. Mark Williamson

Cleveland State Law Review

The purpose of this article, however, is not to summarize the maze of federal and state banking regulation. Instead, recognizing that deposit insurance is a centerpiece of the overall regulatory scheme to which any financial institution in the United States is subject, this article is primarily concerned with subjecting this form of bank regulation to analysis based upon general principles of regulatory theory. This article is less concerned with the details of banking law than it is with using regulatory to shape policy guidelines for the coming process of deposit insurance reform.