Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (12)
- Comparative and Foreign Law (6)
- Banking and Finance Law (4)
- Bankruptcy Law (3)
- Fourteenth Amendment (3)
-
- Labor and Employment Law (3)
- First Amendment (2)
- Health Law and Policy (2)
- Judges (2)
- Juvenile Law (2)
- Legal Profession (2)
- Medical Jurisprudence (2)
- President/Executive Department (2)
- Civil Rights and Discrimination (1)
- Constitutional Law (1)
- Evidence (1)
- Immigration Law (1)
- Law and Gender (1)
- Litigation (1)
- Other Law (1)
- Property Law and Real Estate (1)
- Sexuality and the Law (1)
- Keyword
-
- Russia (6)
- Russian law (6)
- Labor legislation (4)
- Regulation (4)
- Bankruptcy (3)
-
- Fourteenth Amendment (3)
- Reform (3)
- Banking (2)
- Banking regulation (2)
- Banks (2)
- Bias (2)
- Bill of Rights (2)
- Book review (2)
- Bosnia (2)
- Business regulation (2)
- Child (2)
- Child's rights (2)
- Civil law (2)
- Comprehensive Omnibus Budget Reconciliation Act (COBRA) (2)
- Convention on the Rights of the Child (2)
- Crimes against humanity (2)
- Deposits (2)
- Emergency Medical Treatment and Active Labor Act (EMTALA) (2)
- Federal Deposit Insurance Corporation (FDIC) (2)
- Finance (2)
- First Amendment (2)
- Foreign investment (2)
- Free speech (2)
- Habeas corpus (2)
- Immunity (2)
Articles 1 - 30 of 39
Full-Text Articles in Law
The Proposed Securities Private Enforcement Reform Act: The Introduction Of Proportionate Liability Into Rule 10b-5 Litigation, Alan S. Ritchie
The Proposed Securities Private Enforcement Reform Act: The Introduction Of Proportionate Liability Into Rule 10b-5 Litigation, Alan S. Ritchie
Cleveland State Law Review
The purpose of this note is to evaluate the ramifications of this particular proposed amendment to the 1934 Act. Part II will summarize the current status of the proposed bill and its provisions. Part I will briefly survey the history and requirements of the private cause of action under Rule 10b-5, particularly the scienter requirement because of its impact on the understanding of the proposed reform. Finally, Part l will address the justifications for the proposed reform, and the effects the reform will have on 10b-5 litigation.
Continuity Of Business Requirements For N.O.L.S. In Bankruptcy: The Economic Effects Of 1.269-3(D), Terrence R. Chorvat
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.
Book Review: The Right To Justice: The Political Economy Of Legal Services In The United States, Jane M. Picker
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.
Regulatory Theory And Deposit Insurance Reform, R. Mark Williamson
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.
The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky
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.
Desegregation As A Two-Way Street: The Aftermath Of United States V. Fordice, Chaka M. Patterson
Desegregation As A Two-Way Street: The Aftermath Of United States V. Fordice, Chaka M. Patterson
Cleveland State Law Review
As a result of the problems encountered by these various proposals, I propose a plan of my own that preserves HBUs to the extent that they are desegregated along with the white institutions rather than just eliminated. In this way, the burdens of integration are shared in both communities by both sets of institutions. More specifically, with respect to higher education in Mississippi, I propose the following solution to address the current situation: first, Mississippi should close or merge some of the HWUs but not the HBUs for the reasons previously articulated and then adopt a two tier system of …
Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi
Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi
Cleveland State Law Review
This article investigates the legal methods used to regulate professional training under Soviet labor law. It will examine relevant norms of labor legislation, the views of Soviet labor law specialists, and existing practice.
The Genesis Of Russian Secured Transaction Law Before 1917, Konstantin Osipov
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 prior to …
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
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 UNCRC. This …
Book Review: The Right To Justice: The Political Economy Of Legal Services In The United States, Jane M. Picker
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.
Single-Employer Profit Sharing Plans: Should A Break In Service That Occurs Because Of A Natural Disaster Result In The Forfeiture Of A Plan Participant's Nonvested Profit Sharing Benefit, Marie Ellen Haynes
Cleveland State Law Review
Most profit sharing plans provide that the nonvested portion of an employee's profit sharing benefit can be forfeited when the employee incurs a break in service. A break in service often results in termination. Employees can also break their service with an employer by quitting, retiring, dying, becoming disabled, getting laid-off, or being discharged for cause. Some of these methods of incurring a break from service are voluntary while others are involuntary. Whether an employee's profit sharing benefit can be forfeited may depend on whether his break in service was voluntary or involuntary. The issue that will be addressed here …
The Genesis Of Russian Secured Transaction Law Before 1917, Konstantin Osipov
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 prior to …
From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman
From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman
Cleveland State Law Review
This note argues that international law, properly informed by the Nuremberg principles, deserves consistent application by the ad hoc International Tribunal (hereinafter Yugoslav Tribunal) in "prosecute[ing] persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia [since] 1991 . .. ." At the request of the Security Council of the United Nations (hereinafter UN), the UN Secretary-General submitted a proposal to create the Yugoslav Tribunal to prosecute responsible persons in the former Yugoslavia. The Security Council approved that report and, acting under Chapter VII of the United Nations Charter, adopted the Statute of …
The Fifty-Seventh Cleveland-Marshall Lecture: The Bill Of Rights And Our Posterity, Akhil Reed Amar
The Fifty-Seventh Cleveland-Marshall Lecture: The Bill Of Rights And Our Posterity, Akhil Reed Amar
Cleveland State Law Review
Inspired by our constitutional forebears, and conscious of my responsibilities to our constitutional posterity, I took pen in hand two summers ago to write a series of short essays on our Bill of Rights and the Fourteenth Amendment. These essays were written for public high school students, as part of an interactive multimedia project on the Bill of Rights, designed by IBM and various consultants. My task was a daunting one: to make our Bill of Rights and Fourteenth Amendment alive and real for youngsters-to teach the "Blessings of Liberty" to "our posterity," and to invite them into the ongoing …
The Legal Regulation Of Foreign Investment In Russia, Vladimir F. Popondopulo
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 …
From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman
From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman
Cleveland State Law Review
This note argues that international law, properly informed by the Nuremberg principles, deserves consistent application by the ad hoc International Tribunal (hereinafter Yugoslav Tribunal) in "prosecute[ing] persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia [since] 1991 . .. ." At the request of the Security Council of the United Nations (hereinafter UN), the UN Secretary-General submitted a proposal to create the Yugoslav Tribunal to prosecute responsible persons in the former Yugoslavia. The Security Council approved that report and, acting under Chapter VII of the United Nations Charter, adopted the Statute of …
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
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 Rehnquist Court, Strict Statutory Construction And The Bankruptcy Code, Carlos J. Cuevas
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 judges …
Essay: Some Thoughts On The Relationship Between Property Rights And Immigration Policy, Robert W. Mcgee
Essay: Some Thoughts On The Relationship Between Property Rights And Immigration Policy, Robert W. Mcgee
Cleveland State Law Review
Most articles and books that have been written on immigration policy start from a utilitarian position. They discuss issues such as whether immigration, on balance, is more harmful than beneficial, and whether allowing immigrants into the country results in job losses, increases in welfare costs, aids in economic growth, and so forth. This article is distinctly different in focus. Although utilitarian themes are discussed, this article places the main emphasis on the relationship between property rights and immigration policy.
Summary Judgment And Problems In Applying The Celotex Trilogy Standard, Gregory A. Gordillo
Summary Judgment And Problems In Applying The Celotex Trilogy Standard, Gregory A. Gordillo
Cleveland State Law Review
In this Note, the difficulties judges encounter in applying the Celotex standards are illustrated through an examination of summary judgment decisions in the United States Supreme Court and in Ohio courts. Ohio's judges often look to the Supreme Court's interpretations of the Federal Rules of Civil Procedure for guidance in applying Ohio's summary judgment rule, and summary judgment decisions of this state therefore exemplify the pitfalls that the Supreme Court has created.
The Fifty-Seventh Cleveland-Marshall Lecture: The Bill Of Rights And Our Posterity, Akhil Reed Amar
The Fifty-Seventh Cleveland-Marshall Lecture: The Bill Of Rights And Our Posterity, Akhil Reed Amar
Cleveland State Law Review
Inspired by our constitutional forebears, and conscious of my responsibilities to our constitutional posterity, I took pen in hand two summers ago to write a series of short essays on our Bill of Rights and the Fourteenth Amendment. These essays were written for public high school students, as part of an interactive multimedia project on the Bill of Rights, designed by IBM and various consultants. My task was a daunting one: to make our Bill of Rights and Fourteenth Amendment alive and real for youngsters-to teach the "Blessings of Liberty" to "our posterity," and to invite them into the ongoing …
The Sixth Circuit's Unprecedented Reopening Of Demjanjuk V. Petrovsky, Deborah Roy
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.
Regulatory Theory And Deposit Insurance Reform, R. Mark Williamson
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.
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
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 from the thrift's …
Judicial Bias, Donald C. Nugent
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
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.
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
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 from the thrift's …
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
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.
Free Speech By The Light Of A Burning Cross, Jerome O'Callaghan
Free Speech By The Light Of A Burning Cross, Jerome O'Callaghan
Cleveland State Law Review
For scholars of the First Amendment this case is an excellent example of the dilemmas posed by many of the doctrines created by the Court. While Justice Scalia proposes an elaborate and novel understanding of the limits of free speech regulation, Justice White responds with an assertion that Scalia's reasoning is "transparently wrong," and that his opinion is a "radical revision of First Amendment law." According to Justice Stevens, the majority opinion is no more than "an adventure in a doctrinal wonderland." Part II of this paper examines the attacks made by Justices White and Stevens against the majority opinion. …
State Constitutional Protection Of Children With Aids And The Right To A Public Education, Jeffrey M. Croasdell
State Constitutional Protection Of Children With Aids And The Right To A Public Education, Jeffrey M. Croasdell
Cleveland State Law Review
The purpose of this article is to examine the problem that the American public school system is facing with respect to children with AIDS. In addition, this paper will examine how the courts are analyzing this issue and show why the current trend of analysis is weaker than it should be. Finally, this paper will look at how state constitutions are more frequently being used to protect individual rights and how the state constitutions could be used to protect the right of children with AIDS to free public education.