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Making The Move From Law Practitioner To Law Professor, Or How Not To Simplify Your Life, Susan J. Becker Oct 1996

Making The Move From Law Practitioner To Law Professor, Or How Not To Simplify Your Life, Susan J. Becker

Law Faculty Articles and Essays

The author discusses her transition from litigation practice to teaching law. She concludes that there are three discrete yet connected components of a law professor's job which closely parallel that of a litigator: teaching, administrative service, and scholarship.


Eve Without Adam: What Genesis Can Teach America About The Natural Law, David F. Forte Aug 1996

Eve Without Adam: What Genesis Can Teach America About The Natural Law, David F. Forte

Law Faculty Articles and Essays

I wish to make but three points. First, I want to discuss something of the history of the alliance between faith and reason in Western intellectual history and their estrangement. Second, by referring to some of the elements of the Book of Genesis, I would like to affirm the basic compatibility between the principles of natural law and the values of our religious heritage. Finally, I raise a caution regarding religious doctrine and liberty that any effective and principled alliance between faith and reason must deal with.


The Illiberal Court, David F. Forte Jul 1996

The Illiberal Court, David F. Forte

Law Faculty Articles and Essays

Justice Scalia casts up a dire warning that not only has the Supreme Court in many ways removed the Constitution from the Framers, it is also removing the democratic process from the people and their representatives.


One Way To Be Born? Legislative Inaction And The Posthumous Child, Karin M. Mika Jul 1996

One Way To Be Born? Legislative Inaction And The Posthumous Child, Karin M. Mika

Law Faculty Articles and Essays

This article argues that the posthumous child and the rights and responsibilities relating to such a child are directly related to the fundamental right to procreate. It argues that legislation must necessarily incorporate that right in sorting out issues related to the posthumous child and deviate from the standard principles of contract laws which have been applied in the past. This article examines the history, case law, federal decisions, and current legislation pertaining to artificial insemination. It argues that such legislation is inadequate and that legislatures must act promptly to address the realities of the posthumous child.


Cognitive Theory And The Selling Of The Flat Tax, Deborah A. Geier Apr 1996

Cognitive Theory And The Selling Of The Flat Tax, Deborah A. Geier

Law Faculty Articles and Essays

In this article, Professor Deborah A. Geier brings to bear the insights of Professor Edward J. McCaffery, regarding the interaction of cognitive theory and the tax world, to the flat tax proposal. The article explores how the perceptual biases described by Professor McCaffery might affect both taxpayers' impressions of the contours of the proposed tax base and their behavioral reponses to the same incentive. The author warns that any errors in her application of Professor McCaffery's work to the flat tax are entirely her own.


Ancient Answers To Modern Questions: Death, Dying, And Organ Transplants - A Jewish Law Perspective, Stephen J. Werber Jan 1996

Ancient Answers To Modern Questions: Death, Dying, And Organ Transplants - A Jewish Law Perspective, Stephen J. Werber

Journal of Law and Health

To understand the application of Jewish Law to issues of death and the dying process one must first be aware of the importance of life, and saving life (pikuach nefesh), in Jewish thought. Judaism "attribut[es] . . . infinite value to human life. Infinity being indivisible, any fraction of life, however limited its expectancy or its health, remains equally infinite in value." The Mishnah teaches that creation began with a single human being to "teach you that to destroy a single human soul is equivalent to destroying an entire world; and that to sustain a single soul is equivalent to sustaining an ...


Medtronic V. Lohr: State Lawsuits May Proceed Against Medical Device Manufacturers, Robert A. Gerberry Jan 1996

Medtronic V. Lohr: State Lawsuits May Proceed Against Medical Device Manufacturers, Robert A. Gerberry

Journal of Law and Health

This comment discusses the Medical Device Amendments of the Federal Food, Drug, and Cosmetic Act and its effect on the marketing of medical products. Part II examines the statutory language of the MDA and its regulatory impact on medical devices. Part III explores the history of the preemption doctrine established by the Supreme Court Cipollone. Part IV delineates the facts and procedural history of Medtronic v. Lohr and analyzes the effect of this case on the federal preemption of state common law suits. Finally, Part V assesses the impact of this decision on the medical device industry and the expansiveness ...


The Politics Of Reducing Tobacco Use Among Children And Adolescents: Why The Food And Drug Administration Cannot Regulate Tobacco And A Proposed Policy For States And Local Communities, Timothy J. Degeeter Jan 1996

The Politics Of Reducing Tobacco Use Among Children And Adolescents: Why The Food And Drug Administration Cannot Regulate Tobacco And A Proposed Policy For States And Local Communities, Timothy J. Degeeter

Journal of Law and Health

This paper will reveal that although the FDA has a compelling argument from a public health point of view to regulate tobacco products, the proposed federal rule is beyond the scope of the FDA's authority. The FDA cannot unilaterally assert jurisdiction over tobacco products in order to implement restrictions for children and adolescents without specific Congressional action. Instead, Congress has specifically delegated such regulatory authority to the states. Moreover, the proposed rule lacks necessary enforcement mechanisms to adequately keep tobacco products out of the hands of children and adolescents.


Joining A Cult: Religious Choice Or Psychological Aberration, Dena S. Davis Jan 1996

Joining A Cult: Religious Choice Or Psychological Aberration, Dena S. Davis

Journal of Law and Health

In this article, I will analyze the different theories about "cult" membership and conversion, specifically focusing upon whether or not conversions to cults ought to be respected by the law in the same way that the law respects conversion to be respected by the law in the same way that the law respects conversion to and membership in, mainstream religions. In section II, I attempt (unsuccessfully) to define a "cult". In section III, I discuss the civil liberties issues surrounding "cults" and the public furor they have engendered. In section IV, I discuss the different and competing theories about why ...


Intercountry Adoption: A Need For Mandatory Medical Screening, Darya P. Jeffreys Jan 1996

Intercountry Adoption: A Need For Mandatory Medical Screening, Darya P. Jeffreys

Journal of Law and Health

Despite the numerous benefits of intercountry adoption, most families do not consider the possible health ramifications. Since adoptive parents are unsuspecting of ailments associated with foreign countries, a complete pediatric examination is a must after receiving the foreign adoptee. Such a pediatric examination will be effective when it is uniform and thorough, but without such an examination both parents and physicians remain in the dark about the child's health. Congress ought to amend the Immigration and Nationality Act (INA) to require a standard pediatric examination for all foreign adoptees, regardless of the country of origin, as a condition to ...


The Violence Against Women Act After United States V. Lopez: Will Domestic Violence Jurisdiction Be Returned To The States, Stacey L. Mckinley Jan 1996

The Violence Against Women Act After United States V. Lopez: Will Domestic Violence Jurisdiction Be Returned To The States, Stacey L. Mckinley

Cleveland State Law Review

Recent judiciary and media events have put a national focus on the overlooked problem of domestic violence. Federal lawmakers admirably responded to this attention in an aggressive manner when Congress passed the Violence Against Women Act (VAWA). Although little doubt exists that this country needs to reduce domestic violence, this sweeping federal legislation may not be the most effective means. The hasty response by federal lawmakers is unconstitutional in consideration of the Supreme Court's recent holding in Lopez. Although initial court challenges to the VAWA on Lopez grounds have resulted in split decisions, this Note argues that portions of ...


Pharmaceuticals: The Battle For Control In The 21st Century, Rachel F. Ochs Jan 1996

Pharmaceuticals: The Battle For Control In The 21st Century, Rachel F. Ochs

Journal of Law and Health

To explore these concepts, this paper focuses on the Japanese motivation for taking control in the pharmaceutical industry and efforts that the US can take to ensure its role as a leader in the pharmaceutical industry. First, the paper discusses how Japan is poised to invade the US pharmaceutical market, reasons for Japanese entry into the market, the Japanese focus on research, recent examples of Japanese expansion and how US policy may affect Japanese expansion into the pharmaceutical market. The next section describes the need for the FDA to protect consumer interests in the US since market forces and / or ...


Meeting The Objectives Of The Mda: Implied Preemption Of State Tort Claims By The Medical Device Amendments, Theresa J. Pulley Radwan Jan 1996

Meeting The Objectives Of The Mda: Implied Preemption Of State Tort Claims By The Medical Device Amendments, Theresa J. Pulley Radwan

Journal of Law and Health

This article attempts to reconcile the competing purposes of the MDA, and to offer one alternative to effectuate Congress' purposes without preempting some claims and permitting others. First, this article will describe the arrangement of the MDA, including the classification provisions for medical devices and the preemption provision of the MDA. Next, this article will interpret the caselaw regarding preemption in general, and specifically preemption of state tort claims by the MDA. Finally, this article seeks to reconcile two competing purposes of Congress in enacting the MDA through implied preemption of state tort claims, with exceptions for devices which have ...


Tuberculosis Quarantine: A Review Of Legal Issues In Ohio And Other States, Paula Mindes Jan 1996

Tuberculosis Quarantine: A Review Of Legal Issues In Ohio And Other States, Paula Mindes

Journal of Law and Health

The increase in tuberculosis cases in the United States in recent years has led to a major reconsideration of long-dormant public health strategies. Isolation of contagious persons, whether at home or in treatment facilities is one of the measures receiving renewed attention. Public health and legal authorities must reassess these measures from the point of view of their necessity, utility and constitutionality. The law currently in force in Ohio originated before expanded protection of civil liberties. If Ohio public health officials find it necessary to use existing quarantine procedures with tuberculosis patients they will be on shaky constitutional ground. As ...


Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin Mika, Denise Wimbiscus Jan 1996

Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin Mika, Denise Wimbiscus

Journal of Law and Health

This article will discuss the standards of the ADA with respect to accommodating mental illness in the workplace. It will argue the ADA definitions are not precise enough to apprising employers of what are their obligations regarding mentally ill persons in the workplace. It will additionally make suggestions for revising the statute and regulations to achieve this goal. In reaching its conclusion, this article will discuss popular conceptions about mental illness, and the current statutory framework of the ADA. Representative case law will be considered within the context of these topics. The article will ultimately suggest that fairness to both ...


Noam Chomsky And Judicial Review, James G. Wilson Jan 1996

Noam Chomsky And Judicial Review, James G. Wilson

Cleveland State Law Review

This Commentary will consider four authorities who are hardly considered standard-bearers of the Left: Aristotle, Edmund Burke, James Madison, and Justice Oliver Wendell Holmes. Insights from Aristotle, Burke, Madison, Holmes, and Chomsky will be combined into following set of propositions: (1) the Supreme Court has a constitutional and historical obligation to resist tyranny and other forms of constitutional perversion and factionalism; (2) the Supreme Court has a unique duty and capacity to combat abuses of private power; (3) private corporations and the well-to-do have gained so much power that they have become a dangerous faction that is turning our government ...


Ohio's Employment Intentional Tort: A Workers' Compensation Exception, Or The Creation Of An Entirely New Cause Of Action, Marc A. Claybon Jan 1996

Ohio's Employment Intentional Tort: A Workers' Compensation Exception, Or The Creation Of An Entirely New Cause Of Action, Marc A. Claybon

Cleveland State Law Review

This note will begin with a review of the history of workers' compensation in Ohio, including the development of the exclusive remedy provision. Next, this note will discuss the types of injuries normally compensated by the Ohio Workers' Compensation Act, followed by an analysis of the Ohio Supreme Court cases and legislation creating an intentional tort exception in Ohio. Finally, this note will critique newly enacted Revised Code section 2745.01, discuss the severe problems associated with an expansive interpretation of the statute, and suggest that continuing legislative reform is needed in this area of law.


Consent Without Consent: Reflections On The Theory And Practice Of Democracy, Noam Chomsky Jan 1996

Consent Without Consent: Reflections On The Theory And Practice Of Democracy, Noam Chomsky

Cleveland State Law Review

This lecture reflects on core issues of American democracy in light of the upcoming 1996 Presidential election. The piece focuses primarily on the economy and the market throughout its discussion.


Hazardous Jurisdiction/Chatham Steel Corporation V. Brown: A Note On Personal Jurisdiction And Cercla, Martin A. Mccrory Jan 1996

Hazardous Jurisdiction/Chatham Steel Corporation V. Brown: A Note On Personal Jurisdiction And Cercla, Martin A. Mccrory

Cleveland State Law Review

In 1986, the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) was amended to include, among other things, a provision for nationwide service of process. This provision greatly increased the choice of federal forums in which to sue defendants in CERCLA cases. In Chatham v. Brown, the court broke from this line of thinking and analyzed the case using a traditional constitutional Due Process analysis. Although the Chatham court ultimately held that it had personal jurisdiction over the defendants, the analysis it used may be a harbinger of things to come. That is to say, the constitutional analysis in Chatham ...


Libertarianism, Natural Rights And The Constitution: A Commentary On Recent Libertarian Literature, David Bergland Jan 1996

Libertarianism, Natural Rights And The Constitution: A Commentary On Recent Libertarian Literature, David Bergland

Cleveland State Law Review

This commentary takes a look at recent Libertarian literature, specifically: Harry Browne's Why Government Doesn't Work, Charles Murray's What It Means To Be a Libertarian, and David Boaz' Libertarianism: A Primer. These books critique federal government programs and specific policy proposals, and in the process they raise several questions that are fundamental to the American experiment with human liberty within the constitutional framework bequeathed to us by Jefferson, Madison, Hamilton, the other founders, and the People who ratified the Constitution. Section II seeks to figure out how to describe Libertarians. Section III discusses the fallacy of legislative ...


Application Of U.S. Supreme Court Doctrine To Anonymity In The Networld, George H. Carr Jan 1996

Application Of U.S. Supreme Court Doctrine To Anonymity In The Networld, George H. Carr

Cleveland State Law Review

There are still many issues to be resolved about the Internet's unique status as a media technology and its legal status under current law. Debate over the propriety, necessity, and legality of anonymous speech has been protracted and pervasive. Indeed, this debate has extended to all corners of the Internet. The main source material for this Note is the recent case of McIntyre v. Ohio Elections Comm'n, in which the Supreme Court confirmed its continuing commitment to preservation of the right to free speech, and interpreted the First Amendment to protect much anonymous speech. This Note will quantify ...


States' Repeal: A Proposed Constitutional Amendment To Reinvigorate Federalism, Aaron J. O'Brien Jan 1996

States' Repeal: A Proposed Constitutional Amendment To Reinvigorate Federalism, Aaron J. O'Brien

Cleveland State Law Review

The lack of both legislative and judicial integrity led to a governmental system which is federalist in name but centrally planned in reality. Congress regularly passes laws which stretch the conceivable bounds of its powers. By failing to overturn such legislation, the Supreme Court ignores the benefits of federalism and the significance of dual sovereignty. These changes render the individual citizen's opinion rather meaningless while attacking the roots of democracy and threatening the liberties early Americans so earnestly tried to preserve. The People are left without a mechanism through which to speak on a national level. Because of this ...


Altruism In The International Environment, Lea Brilmayer Jan 1996

Altruism In The International Environment, Lea Brilmayer

Cleveland State Law Review

My topic is foreign aid, certain of the attitudes that we have towards foreign aid, and what if any moral grounding those attitudes might have. While it is likely that the most drastic proposals to slash the foreign aid budget will be defeated, there is no denying that some fairly drastic measures are on the table and are being taken rather seriously. Regardless of what happens in Congress this year, and regardless of what our president decides to do about any measures that Congress does adopt, the issue is likely to crop up as important during the next presidential election ...


On The Abolition Of Man: A Discussion Of The Moral And Legal Issues Surrounding The Death Penalty, Thomas J. Walsh Jan 1996

On The Abolition Of Man: A Discussion Of The Moral And Legal Issues Surrounding The Death Penalty, Thomas J. Walsh

Cleveland State Law Review

This article examines the moral and practical arguments supporting the death penalty in an effort to show why the United States should join other Western nations in the abolition of the death penalty. First, this article explores the historical context of the death penalty in the United States and examines the current status of constitutional doctrine on the death penalty. Next, because an analysis of the arguments for and against the death penalty are invariably charged with moral issues, an effort will be made to examine the moral aspects of the death penalty. The arguments offered in support of the ...


Judicial Reform Of Habeas Corpus: The Advocates' Lament, Christopher E. Smith Jan 1996

Judicial Reform Of Habeas Corpus: The Advocates' Lament, Christopher E. Smith

Cleveland State Law Review

The U. S. Supreme Court has engineered significant changes in habeas corpus procedures. Any change in law or public policy has consequences for the human beings whose lives come into contact with the changed law or policy. Critics have accused the Rehnquist Court of "dismantling access to federal habeas corpus review guaranteed by statute since 1867." As a result, concerns have emerged regarding the consequences for potential petitioners whose claims can no longer be reviewed by federal judges. While the fate of death row inmates is the most important consequence of habeas corpus reform, anecdotal reports on these controversial cases ...


What Is Experimental Medical Treatment: A Legislative Definition Is Needed, Melody L. Harness Jan 1996

What Is Experimental Medical Treatment: A Legislative Definition Is Needed, Melody L. Harness

Cleveland State Law Review

This note focuses on the highly publicized coverage disputes involving HDCr/ABMT for the treatment of breast cancer to illustrate the problems inherent in courts judging medical technology and legislatures politicizing medical technology. The problems exist, however, with respect to every developing medical technology for which there is no consensus on its safety and effectiveness. Part II of this note depicts the typical scenario involving a patient with metastatic breast cancer. Part III outlines the drug approval process and off-label drug use. Part IV describes HDCT/ABMT treatment and discusses the lack of consensus regarding its efficacy for the treatment ...


The Communications Assistance For Law Enforcement Act And Protection Of Cordless Telephone Communications: The Use Of Technology As A Guide To Privacy, Basil W. Mangano Jan 1996

The Communications Assistance For Law Enforcement Act And Protection Of Cordless Telephone Communications: The Use Of Technology As A Guide To Privacy, Basil W. Mangano

Cleveland State Law Review

While it is now illegal to intentionally intercept cordless telephone conversations, cordless telephone users have not always been protected. Prior to October 1994 the Federal Wiretap Act did not protect cordless telephone users from private persons or law enforcement agencies who intentionally intercepted their conversations. In fact, the Electronic Communications Privacy Act of 1986 (ECPA) amended Title III of the of the Omnibus Crime Control and Safe Streets Act of 1968 to expressly exclude cordless telephone transmissions from the definition of "wire" and "electronic" communications. With the advent of new cordless technology and the ubiquitousness of the cordless telephone, Congress ...


The Struggle Over The Past, Robert W. Gordon Jan 1996

The Struggle Over The Past, Robert W. Gordon

Cleveland State Law Review

History supplies a set of basic ground rules; the "traditional principles of the common law," from which much modem law, both judge-made and statutory law, is seen as having improperly deviated. As the New Right ideology spreads among elite decision-makers and intellectuals, it poses a serious challenge to the Progressive-liberal consensus about the legal meanings of history that had previously dominated American legal thought for a very long time. The historical claims of New Right ideology in particular have touched off a number of fierce debates among Old (Progressive) Liberal, New Right, and radical legal intellectuals. In Section II, the ...


Challenges In Judging: Some Insights From The Writings Of Moses, Gordon J. Beggs Jan 1996

Challenges In Judging: Some Insights From The Writings Of Moses, Gordon J. Beggs

Cleveland State Law Review

Starting with the idea that Judeo-Christian principles played a significant role in the development of American legal ethics, the author uses the writings of Moses as a lens to examine some challenges in judging. Moses authored the first five books of the Old Testament known as the Pentateuch or books of the law-Genesis, Exodus, Leviticus, Numbers, and Deuteronomy. The author begins by suggesting a caveat and an approach to interpretation. When examining the writings of Moses, we are not necessarily seeking a literal application. He suggests instead, that when looking at the writings of Moses, three questions should be answered ...


Branding The Sexual Predator: Constitutional Ramifications Of Federal Rules Of Evidence 413 Through 415, Margaret C. Livnah Jan 1996

Branding The Sexual Predator: Constitutional Ramifications Of Federal Rules Of Evidence 413 Through 415, Margaret C. Livnah

Cleveland State Law Review

This Note seeks to address both the potential constitutional consequences of the newly passed Federal Rules of Evidence 413 and 414 and the problems that these revisions were designed to remedy. Section II will introduce the history of the passage of these controversial revisions as primarily a political process and one which bypassed the standard rules of practice. Section III will address the procedural violations and the troubling inconsistency of the new rules with the federal courts' interpretation of the other Federal Rules of Evidence. Section IV of this Note will address the substantive constitutional issues presented by these amendments ...