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Cleveland State University

2010

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Articles 1 - 30 of 68

Full-Text Articles in Law

The Supreme Court And The Pledge Of Allegiance: A Hollow Victory, Charles J. Russo, Ralph D. Mawdsley Oct 2010

The Supreme Court And The Pledge Of Allegiance: A Hollow Victory, Charles J. Russo, Ralph D. Mawdsley

CASAL Faculty Publications

In Elk Grove Unified School District v Newdow (Elk Grove)

the Supreme Court, in an 8–0 judgment, with three concurrences, upheld the words ‘under God’ in the Pledge of Allegiance. In light of the uproar caused by Elk Grove, this article is divided into three parts. After reviewing the history of the Pledge the second section examines the litigation involving the pledge, including Elk Grove in this regard. The article concludes with brief reflections on the meaning of Elk Grove.


Justice John Paul Stevens - His Take On Takings, Alan C. Weinstein Oct 2010

Justice John Paul Stevens - His Take On Takings, Alan C. Weinstein

Law Faculty Articles and Essays

This commentary reviews and analyzes Justice John Paul Stevens's role in shaping the Court's views on the takings issue in land use regulation.


A Definite Claim On Claim Indefiniteness: An Empirical Study Of Definiteness Cases Of The Past Decade With A Focus On The Federal Circuit And The Insolubly Ambiguous Standard, Christa J. Laser Oct 2010

A Definite Claim On Claim Indefiniteness: An Empirical Study Of Definiteness Cases Of The Past Decade With A Focus On The Federal Circuit And The Insolubly Ambiguous Standard, Christa J. Laser

Law Faculty Articles and Essays

This empirical study of patent claim definiteness cases of the past decade makes several novel findings including: (1) slightly more than half of final Federal Circuit definiteness cases hold the asserted claims not indefinite; (2) the percentage of non-Federal Circuit definiteness cases holding claims not indefinite increased approximately 60 percentage points over the ten-year period focused on in this analysis;(3) the Federal Circuit more often held chemical claims not indefinite, but electrical claims indefinite; and (4) the Federal Circuit more often held claims with term clarity issues not indefinite, but claims with means-plus-function issues indefinite. These differences partially result ...


Cooperating Rivals: The Riparian Politics Of The Jordan River Basin, By J. Soslan, Neda A. Zawahri Sep 2010

Cooperating Rivals: The Riparian Politics Of The Jordan River Basin, By J. Soslan, Neda A. Zawahri

Political Science Faculty Publications

No abstract provided.


Redesigning The American Law School, David R. Barnhizer Jul 2010

Redesigning The American Law School, David R. Barnhizer

Law Faculty Articles and Essays

American law schools are an integral part of a vertically integrated system of production in which the end product is lawyers. Law schools are having rapidly increasing problems “selling” their “products” to potential employers/purchasers. Even if the law schools do not voluntarily cut back on the numbers of admitted students some states will decide there should be no public subsidy for educating students for employment areas such as law where there is no demand. Even though many private law schools will be affected negatively, publicly-funded law schools will also be dramatically affected due to declining state budgets and competition ...


The Somali Piracy Problem: A Global Puzzle Necessitating A Global Solution, Milena Sterio Jun 2010

The Somali Piracy Problem: A Global Puzzle Necessitating A Global Solution, Milena Sterio

Law Faculty Articles and Essays

Over the past few years, piracy has exploded off the coast of Somalia. Somali pirates congregate on a "mother ship" and then divide into smaller groups that sail out on tiny skiffs. Using potent weapons such as AK-47s and hand-propelled grenades, Somali pirates attack civilian ships carrying cargo through the Gulf of Aden, a body of water between Yemen and Somalia. Once they have overtaken the victim vessel, the pirates typically hijack the vessel's cargo and kidnap the crewmembers. The cargo is often resold to willing buyers or held for ransom. The crew are kept hostage in Somalia until ...


Book Review: For The Common Good: Principles Of American Academic Freedom, By Matthew W. Finkin And Robert C. Post, Lauren M. Collins Apr 2010

Book Review: For The Common Good: Principles Of American Academic Freedom, By Matthew W. Finkin And Robert C. Post, Lauren M. Collins

Law Faculty Articles and Essays

In For the Common Good: Principles of American Academic Freedom (2009), law professors Matthew W. Finkin (University of Illinois) and Robert C. Post (Yale) "articulate basic principles of American academic freedom" (p.6) as a means of grounding the ongoing debate over the concept. The authors succeed in providing an account that is both comprehensive and surprisingly concise. Though slow starting, their book aptly sets the scene for all who wish to participate in a continuing conversation about the state of academic freedom.


Pitfalls Of Fmla And Collective Bargaining Agreements, Karin Mika Apr 2010

Pitfalls Of Fmla And Collective Bargaining Agreements, Karin Mika

Law Faculty Articles and Essays

Mika discusses union contracts and how employers must be aware of family and medical leave rights when applying contract provisions.


Acknowledging Our Roots: Setting The Stage For The Legal Writing Institute, Karin M. Mika Apr 2010

Acknowledging Our Roots: Setting The Stage For The Legal Writing Institute, Karin M. Mika

Law Faculty Articles and Essays

This article discusses the history and development of legal writing courses and the Legal Writing Institute.


Would You Say That To Your Children? Enhancing Learning Through Improved Communication, Karin M. Mika Apr 2010

Would You Say That To Your Children? Enhancing Learning Through Improved Communication, Karin M. Mika

Law Faculty Articles and Essays

This paper discusses how an aging professor must change how she teaches in relation to how her relationship with her student changes. Sometimes professors see themselves in one way and do not realize that they are not perceived the same way they were years ago. The paper sets out advice for appearing less intimidating to students as they grow younger while we grow older.


Understanding The Recurrent Crisis In Legal Romanticism: Two Criteria For Coherent Doubt, Chris Sagers Mar 2010

Understanding The Recurrent Crisis In Legal Romanticism: Two Criteria For Coherent Doubt, Chris Sagers

Law Faculty Articles and Essays

Broadly skeptical or relativistic criticisms of law and legal discourse, of the kind prevalent in the last generation in American legal scholarship, pose an inherent logic problem: they tend to impugn normativity itself just as much as they do their intended target. What seems amiss is that the act of critique is itself normative. However it is stated, and notwithstanding efforts by the critic to say otherwise, it is hard to see how the normativity implied in the very act of critique—indeed, in the very act of having purposes at all—is not at odds with the criticism itself ...


Expansion Of Private Activity In Space And Its Impact On The Development Of The International Law Of Outer Space, Mark J. Sundahl Jan 2010

Expansion Of Private Activity In Space And Its Impact On The Development Of The International Law Of Outer Space, Mark J. Sundahl

Law Faculty Contributions to Books

Private companies are playing an ever-larger role in the use of outer space and their presence in space will continue to expand in the coming years. For example, increased private activity in space will likely be encouraged by the new U.S. space policy proposed by the Obama administration which would require the U.S. government to rely on private companies for the delivery of crew, cargo, and satellites into space. This paper examines the effect that this increased private activity will have on the future development of the international law of outer space. One question that emerges from increased ...


The Illusion Of Creative Scholarship In American Universities And Law Schools, David Barnhizer Jan 2010

The Illusion Of Creative Scholarship In American Universities And Law Schools, David Barnhizer

David Barnhizer

The aim of this brief essay is to explore several of the dominant forms of scholarship in the university and in law schools. This is done by examining what are described as five sometimes incompatible ideals, those of development and pursuit of original knowledge for its own sake, preservation, refinement and transmission of the best forms of knowledge, objective social critique, individual activism and collective activism. Tenure track positions in American universities and in law schools particularly are comfortable sinecures. In far too many instances these privileged and lifetime positions serve mainly the personal interests and agendas of the purported ...


Redesigning The American Law School, David Barnhizer Jan 2010

Redesigning The American Law School, David Barnhizer

David Barnhizer

In other industries when there is a decline or severe curtailment of the demand for their product we see companies downsizing, layoffs and even bankruptcies. American law schools have to this point been able to operate largely without any required adaptation to the economic realities of demand for their product. The problem is created by the fact that law schools are part of a rigid and intractable business system in the same way that the large firms and solo practitioners are driven by their need for money. The economic downturn is not a simple cycle but a transformation. Law schools ...


China’S Response To The Global Financial Crisis: Implications For U.S. – China Economic Relations , Daniel C.K. Chow Jan 2010

China’S Response To The Global Financial Crisis: Implications For U.S. – China Economic Relations , Daniel C.K. Chow

The Global Business Law Review

The consequences of the global financial crisis for United States-China economic relations are still unfolding, and it is still unclear whether trade tensions will escalate into trade sanctions. What seems clear, however, is that there is a rising tide of protectionism in both countries based upon what hardliners on each side perceive to be unfair practices and policies implemented by the other. Historically, mutual policies of protectionism between trading partners leads to trade sanctions, which would be an unfortunate result for United States-China economic relations. It remains to be seen whether hardliners in both countries will push the two trading ...


Foreword, Mark J. Sundahl Jan 2010

Foreword, Mark J. Sundahl

The Global Business Law Review

No abstract provided.


The Effect Of The Financial Crisis On The Middle East, Isam Salah Jan 2010

The Effect Of The Financial Crisis On The Middle East, Isam Salah

The Global Business Law Review

The impact of the world economic crisis on the Middle East, and in particular on the countries of the GCC, was similar to the impact elsewhere in the West − collapse of the real estate sector, credit constraints, and economic contraction. The reaction of governments of the GCC was similar to the reaction of governments in the West − support of financial institutions and provisions of liquidity to the financial markets. Islamic finance has established itself as an important component of the commercial and financial sectors in these countries, so it is interesting to examine whether this segment of the market performed ...


Recurring Storms: Weathering The Future By Understanding The Past , Robert L. Brown Ph.D. Jan 2010

Recurring Storms: Weathering The Future By Understanding The Past , Robert L. Brown Ph.D.

The Global Business Law Review

In this article, I describe the major financial crises that evolved into economic crises during the past four hundred years in Europe, the United States, and Asia, before turning to the 2007-10 global financial and economic crisis. My focus will be Tulipmania of 1637, Mississippi Scheme of 1720, South Sea Bubble of 1720, Great Crash of 1929, Crash of 1987, Asian Financial Crisis of 1997, Dot-com Bubble of 2000, and Financial Crisis of 2007-10. I identify commonalities as well as distinguishing characteristics among the events. In the discussion and description that follows, I note that the tendency is for more ...


Whom Would Jesus Cover - A Biblical, Ethical Lens For The Contemporary American Health Care Debate, Jeffrey R. Baker Jan 2010

Whom Would Jesus Cover - A Biblical, Ethical Lens For The Contemporary American Health Care Debate, Jeffrey R. Baker

Journal of Law and Health

This paper attempts a view of the contemporary health care debate in America through the prism of Biblical scripture and proposes that people of faith should recognize the current state of the American health care system as a moral crisis of justice and charity. First, I provide a survey of the current state of American health care for the uninsured, describing the demographic and economic circumstances of the uninsured and the resources available to them when they need medical care. Second, I ask whether, in light of scripture, this state of affairs presents a moral question that should drive our ...


Lines Of Communication: Advances In Stem Cell Policy, Dena Davis, Debra Grega Jan 2010

Lines Of Communication: Advances In Stem Cell Policy, Dena Davis, Debra Grega

Journal of Law and Health

This is a transcription of the Journal of Law and Health's Speaker Series event held on November 17, 2009 at the Joseph W. Bartunek III Moot Court Room, Cleveland-Marshall College of Law. The speakers discussed stem cell policy, ethics, oversight, funding restrictions and research restrictions.


What's All The Headache: Reform Needed To Cope With The Effects Of Concussions In Football, Erika A. Diehl Jan 2010

What's All The Headache: Reform Needed To Cope With The Effects Of Concussions In Football, Erika A. Diehl

Journal of Law and Health

In order to effectively manage this public health concern, it is imperative to gain an understanding of the issues surrounding head injuries in sporting events. This Note will discuss the increasing frequency and dangers of concussions in amateur and professional football. It will suggest that athletes, schools, coaches, and doctors must become more educated on the causes and dangers of concussions in order to ensure the safety of participants. In order to do so, this Note introduces a medical overview of concussions, while briefly outlining the diagnosis, long-term effects, and management of concussions. Part III discusses the legal theories athletes ...


Form & Reform: The Economic Realities Of The United States Healthcare System, Mark Votruba Jan 2010

Form & Reform: The Economic Realities Of The United States Healthcare System, Mark Votruba

Journal of Law and Health

Good afternoon, everybody. My name is Eric Steiger, I'm one of the editors-in-chief from the Journal of Law and Health. And I'm happy to welcome all of you to the second speaker event in the 2009/2010 Journal of Law and Health Speaker Series. Thank you all for coming. Now, I know that the news last week was dominated by the story of Sandra Bullock's breakup; however, some of you might have noticed that a small piece of minor legislation also got passed through Congress last week. And you also might have noticed that it wasn't ...


Not Of Woman Born: How Ectogenesis Will Change The Way We View Viability, Birth, And The Status Of The Unborn, Eric Steiger Jan 2010

Not Of Woman Born: How Ectogenesis Will Change The Way We View Viability, Birth, And The Status Of The Unborn, Eric Steiger

Journal of Law and Health

Over seventy-five years ago, Aldous Huxley envisioned a future in which the creation of human individuals is not left to chance and sweaty biology, but is a feat of engineering individuals to established specifications. Huxley described a process by which human ova are fertilized in-vitro, then "budded" through an imaginary technique into multiple copies, and finally into identical twins in incubators, entirely absent of a mother's womb. While many of Huxley's predictions about the future have come to pass, such as helicopters, the assembly line, and indeed, in-vitro fertilization, the prospect of ectogenesis, of gestating a child completely ...


Book Review, Laura Ray Jan 2010

Book Review, Laura Ray

Journal of Law and Health

Reviewing Real Collaboration: What it Takes for Global Health to Succeed, Mark L. Rosenberg, Elisabeth S. Hayes, Margaret H. McIntyre, and Nancy Neill, California/ Milbank Books on Health and the Public; no. 20. Berkeley: University of California Press; New York: Milbank Memorial Fund, c2010.


Pushing Back: Protecting Maternal Autonomy From The Living Room To The Delivery Room, Benjamin Grant Chojnacki Jan 2010

Pushing Back: Protecting Maternal Autonomy From The Living Room To The Delivery Room, Benjamin Grant Chojnacki

Journal of Law and Health

As mothers are given more freedom to make their delivery choices, problems with the current maternity care system and the legal protections afforded fetus have the potential to diminish maternal independence. At one end of the spectrum, the home birth movement and reactions against "medicalized" birth have the potential to create physician distrust and a greater resistance to medical treatment. This resistance, when coupled with an expansive view of fetal rights may result in compelled medical treatment, injury, or the loss of parental rights. At the other end of the spectrum, elective C-sections and inductions will diminish the likelihood that ...


The Response To The Financial Meltdown In The U.K., Bruce J.L. Lowe Jan 2010

The Response To The Financial Meltdown In The U.K., Bruce J.L. Lowe

The Global Business Law Review

It is now over two years since the September 15, 2008 bankruptcy filing by Lehman Brothers sent shockwaves through an already tremulous and jittery financial and political world. In the dark days of the ensuing months, in the United States (U.S.), in Britain and Europe, and in many other parts of the world, markets crashed or severely slumped, commercial and investment banks failed, credit froze, trade and commerce slowed dramatically, profits evaporated, businesses tightened belts, and unemployment figures skyrocketed. In most major economic zones, including the U.S. and Europe, governments and central banks, often in consultation with each ...


Piigs, Itraxx Soyx, Neoliberalism, And Unshackled Finance Capital, Tayyab Mahmud Ph.D. Jan 2010

Piigs, Itraxx Soyx, Neoliberalism, And Unshackled Finance Capital, Tayyab Mahmud Ph.D.

The Global Business Law Review

Banking and finance play a critical role in the economy by channeling savings towards productive investments. By the early twentieth century the lessons were learned that, left to its own devices, finance capital tends towards unbridled speculation and ends up playing havoc with the economy. The collective response was a Keynesian compromise whereby finance capital was regulated both nationally and internationally to put a check on speculation and to channel it to support the productive economy. The result was an extended period of economic growth and stability. Over the last thirty years, the neoliberal counter revolution reversed these regimes and ...


Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst Jan 2010

Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst

Cleveland State Law Review

The author contends that the doctrine of forfeiture of the right to assistance of counsel as a sanction for misconduct by a defendant towards the court or his counsel has no constitutional support in the principles that have defined the Sixth Amendment, is arbitrary in its application within the judicial system, and has become a refuge for courts, which have inadequately complied with established principles to protect fundamental rights.


Intended And Unintended Consequences: The 2006 Fair Minimum Wage Amendment Of The Ohio Constitution , Jason R. Bristol, Ashley A. Weaver, Thomas A. Downie Jan 2010

Intended And Unintended Consequences: The 2006 Fair Minimum Wage Amendment Of The Ohio Constitution , Jason R. Bristol, Ashley A. Weaver, Thomas A. Downie

Cleveland State Law Review

This Article first provides a brief overview of federal and Ohio minimum wage law. The Article then examines the text of the 2006 Amendment. The third section delves into the provisions of HB 690 and the differences between HB 690 and the Amendment. The final section explores litigation issues arising from these differences.


Neither Reasonable Nor Remedial: The Hopeless Contradictions Of The Legal Ethics Measures To Prevent Perjury , Susan E. Thrower Jan 2010

Neither Reasonable Nor Remedial: The Hopeless Contradictions Of The Legal Ethics Measures To Prevent Perjury , Susan E. Thrower

Cleveland State Law Review

Analyzing the inherent conflict posed by the use of an undefined mandate-“reasonable remedial measures”-leads to analysis of the even deeper, unresolvable conflicts in the primary steps prescribed by commentary: the client's narration of his own story, the lawyer's withdrawal from representation, and the lawyer's disclosure of the client's false evidence. Not all of the reasonable remedial measures protect both the client's confidentiality and the court's insistence on honesty, and none of them protects the lawyer from charges of impropriety. In the face of the utter failure of the Model Rules to accomplish ...