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Articles 31 - 47 of 47
Full-Text Articles in Law
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.
The Present State Of Sexual Harassment Law: Perpetuating Post Traumatic Stress Disorder In Sexually Harassed Women, Jennifer L. Vinciguerra
The Present State Of Sexual Harassment Law: Perpetuating Post Traumatic Stress Disorder In Sexually Harassed Women, Jennifer L. Vinciguerra
Cleveland State Law Review
This Note will argue that current federal legislation was developed, and has subsequently been interpreted by the courts, with little or no consideration for a victimized woman. Instead of addressing the causes and effects of sexual harassment head on, the legislature has largely ignored the realities of sexual harassment as a traumatizing experience faced by thousands of working women each year. Part H of this Note will address the development and current state of sexual harassment law, as well as the Supreme Court's ruling in Meritor Savings Bank, FSB v. Vinson. Part III will discuss Post Traumatic Stress Disorder as …
Employee Dishonesty And The After-Acquired Evidence Doctrine: Why Honesty Is The Best Policy, Georgia Stanaitis
Employee Dishonesty And The After-Acquired Evidence Doctrine: Why Honesty Is The Best Policy, Georgia Stanaitis
Cleveland State Law Review
The Eleventh Circuit has stated that application of the after-acquired evidence doctrine as a complete defense is too rigid and that it produces harsh, inequitable results. At the same time, the Eleventh Circuit has voted to rehear the case setting forth this view. Until the rehearing, the Eleventh Circuit's principles are sound.13 Specifically, the Eleventh Circuit has criticized Summers as being antithetical to the principal purposes of Title VII which are to achieve equality of employment opportunity and make whole, so far as is possible, the individual or class affected by the discrimination. The Eleventh Circuit and arbitral forums, such …
Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh
Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh
Cleveland State Law Review
What I would like to talk about today, and I will use Iran-Contra as an illustration for much of it, is what I believe to be the conflict between two protective systems: (1) the rule of law as it is enforced by courts and lawyers; and (2) political oversight as set up by our Constitution and as it is carried out by political forces in Congress, particularly in it's oversight of the President. It is my conclusion that in some ways they are like having two alarm systems on your house: A silent system that communicates with police headquarters if …
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 …
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 …
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.
Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh
Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh
Cleveland State Law Review
What I would like to talk about today, and I will use Iran-Contra as an illustration for much of it, is what I believe to be the conflict between two protective systems: (1) the rule of law as it is enforced by courts and lawyers; and (2) political oversight as set up by our Constitution and as it is carried out by political forces in Congress, particularly in it's oversight of the President. It is my conclusion that in some ways they are like having two alarm systems on your house: A silent system that communicates with police headquarters if …
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 …
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.