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Articles 31 - 40 of 40
Full-Text Articles in Law
Book Review, Stephen J. Werber
Book Review, Stephen J. Werber
Law Faculty Articles and Essays
This is a review of The Essence of Talmudic Law and Thought by Samuel N. Hoenig. The reviewer concludes that though this text is sometimes overly concise, it provides an excellent introduction to the essence of Talmudic thought. That Dr. Hoenig may overstate the importance of the Talmud as a factor in the ability of the Jewish people and Judaism to survive (ch. 11) does not detract from his book's contribution as a text that presents a comprehensive, understandable and readable introduction to one of the most complex and long-living sources of law ever created. When the person seeking to …
Rape By Drugs: A Statutory Overview And Proposals For Reform, Patricia J. Falk
Rape By Drugs: A Statutory Overview And Proposals For Reform, Patricia J. Falk
Law Faculty Articles and Essays
The methods by which human beings accomplish nonconsensual sexual activity with fellow humans are almost limitless. They use physical force; they beat, choke, and knock their victims unconscious. They kidnap and restrain them. They use weapons and threats of immediate force to subdue their quarry. They come in groups with the superior strength of their number. They exploit the element of surprise. They coerce, extort, and blackmail others into sexual submission. They lie, pretend, impersonate, and defraud, trapping the unwary in webs of deceit. They victimize mentally ill, mentally disabled, physically weak, and physically incapacitated persons. They abuse their positions …
Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke
Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke
Law Faculty Articles and Essays
The main charge to me is to show you alternatives other than, for instance, federal legislation that could be deployed to rectify genetic discrimination.You may have noticed that in our conference materials, and in a number of the presentations, there has been either an explicit or an implicit call along the lines of “there ought to be a law that ...” Professor Hoffman and I agree: there ought to be some laws, but I want to talk to you a little bit about two possible, two real goals here.One is to ask you to critically evaluate whether a federal statute …
Constitutional Classifications And The "Gay Gene", Susan J. Becker
Constitutional Classifications And The "Gay Gene", Susan J. Becker
Law Faculty Articles and Essays
In this essay the author discusses the use of genetic information to classify individuals for purposes of the law, and more specifically, the impact of the so-called “gay gene” on legal classifications.
The Free Exercise Rights Of Pregnant Women Who Refuse Medical Treatment, April L. Cherry
The Free Exercise Rights Of Pregnant Women Who Refuse Medical Treatment, April L. Cherry
Law Faculty Articles and Essays
In Part II, I outline the values protected by the free exercise clause. I also analyze modern free exercise jurisprudence, ending with the status of religious exemptions from laws of general applicability since the Supreme Court's decision in Employment Division v. Smith, which severely limits the situations in which strict scrutiny will be applied to analyze government actions that compels a religious believer to act contrary to her beliefs. In Part III, I first discuss the law regarding the right to refuse medical treatment. I then explore the states' rationales for using the force of law on pregnant women who …
Lincoln, Marshall And The Judicial Role, David F. Forte
Lincoln, Marshall And The Judicial Role, David F. Forte
Law Faculty Articles and Essays
Abraham Lincoln understood judicial activism. For Lincoln, the paradigm of the unrestrained Supreme Court was the decision in Dred Scott v. Sandford. Lincoln saw the "illegitimacy" of Dred Scott not in that the Supreme Court had overturned an act of Congress. It was, rather, that the Supreme Court, in the guise of making a legal decision, instead made a political decision. Even worse, it was a political decision that sought to redefine the polity in fundamental, constitutional terms. Lincoln's position echoed the most eloquent articulation of judicial review ever made by the Court: in Marbury vs. Madison, Chief Justice Marshall …
Why The Ohio Bureau Of Workers' Compensation Must Refund Fifty Million Dollars In Subrogation Payments: A Detailed Look Into The State Of Subrogation In Ohio After Holeton V. Crouse Cartage Company, Anthony Alan Baucco
Cleveland State Law Review
This Note begins by examining the complex history behind workers' compensation subrogation rights in the state of Ohio. This historical timeline flows from the period when statutory subrogation was non-existent in Ohio, to the first version of a subrogation statute in 1993, and finally to the broadened and revised statute in 1995. A detailed examination of the Supreme Court of Ohio's decision in Holeton v. Crouse Cartage Company follows the historical overview and focuses on the unconstitutionality of Ohio Revised Code section 4123.931. Additionally, the popular competing views gleaned from both the dissent in Holeton and the Bureau of Workers' …
To Exhaust Or Not To Exhaust: The Prisoner Litigation Reform Act Requires Prisoners To Exhaust All Administrative Remedies Before Filing Excessive Force Claims In Federal Court, Danielle M. Mcgill
To Exhaust Or Not To Exhaust: The Prisoner Litigation Reform Act Requires Prisoners To Exhaust All Administrative Remedies Before Filing Excessive Force Claims In Federal Court, Danielle M. Mcgill
Cleveland State Law Review
This Note addresses this issue and recommends that excessive force claims be subject to the PLRA's exhaustion requirement, thereby requiring an inmate to exhaust administrative remedies before filing an excessive force suit in federal court. Requiring exhaustion for excessive force claims will help solve the problems associated with the overabundance of frivolous prisoner litigation and the federal judiciary's unnecessary interference into the nation's prison administrations. Moreover, the excessive force issue is in the forefront because the Supreme Court granted certiorari in Porter v. Nussle, a case dealing exclusively with this issue. The lower court, in Nussle v. Willette, allowed an …
Zelman V. Simmons-Harris And The Private Choice Doctrine, Laura T. Rahe
Zelman V. Simmons-Harris And The Private Choice Doctrine, Laura T. Rahe
Cleveland State Law Review
In Zelman, the Court examined the constitutionality of an Ohio pilot program that took effect in the Cleveland City School District. One of the program's provisions permitted parents to use a tuition voucher for their children to attend public or private schools, including religious schools. The statute authorizing the program ensured that participating private schools remained affordable for the most disadvantaged children, and required that the schools refrain from "advocat[ing] or foster[ing] unlawful behavior or teach[ing] hatred of any person or group on the basis of race, ethnicity, national origin or religion." The Cleveland program exemplifies one attempt, informed by …
Money From Heaven: Should Qualified Air Rights Donations Be Characterized As Interests In Land Or Buildings - Why Does It Matter , Daniel Markey
Money From Heaven: Should Qualified Air Rights Donations Be Characterized As Interests In Land Or Buildings - Why Does It Matter , Daniel Markey
Cleveland State Law Review
Currently, the Internal Revenue Service (hereinafter I.R.S.) and the federal courts do not offer specific positive authority as to whether large amounts of easement value from donated air rights can be allocated against the capital account of "land" as opposed to a "building" on a given tract of real estate. A lack of authority in this area creates uncertainty in the real estate market. This uncertainty is not only with the payment of federal income, estate, and gift taxes, but it also has a ripple effect with the assessment of local property taxes. Most importantly, if a deal is on …