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Articles 1 - 30 of 39
Full-Text Articles in Law
Tailoring The Narrow Tailoring Requirement In The Supreme Court's Affirmative Action Cases, Luiz Antonio Salazar Arroyo
Tailoring The Narrow Tailoring Requirement In The Supreme Court's Affirmative Action Cases, Luiz Antonio Salazar Arroyo
Cleveland State Law Review
In his first and only affirmative action decision since becoming the controlling member of the Supreme Court, Justice Kennedy, in Parents Involved in Community Schools v. Seattle School District No. 1, showed a possible willingness to go back to the looser, more contextualist view of the narrow tailoring requirement that the Court embraced when Justice Powell was the swing vote. This Article argues that regardless of whether Justice Kennedy actually was moving back toward a more contextualist approach to narrow tailoring, a shift away from the highly formalistic inquiry adopted by Justice O'Connor back to the looser contextual standard used …
What's All The Headache: Reform Needed To Cope With The Effects Of Concussions In Football, Erika A. Diehl
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 …
Pleading In Ohio After Bell Atlantic V. Twombly And Ashcroft V. Iqbal: Why Ohio Shouldn't Notice A Change, Alana C. Jochum
Pleading In Ohio After Bell Atlantic V. Twombly And Ashcroft V. Iqbal: Why Ohio Shouldn't Notice A Change, Alana C. Jochum
Cleveland State Law Review
Ohio has only briefly addressed the entrance of Bell Atlantic onto the pleading stage, and, thus far, Ohio state courts have mostly retained the Conley standard for determining pleadings. However, multiple pleading standards are emerging, making the issue ripe for a determination by the Supreme Court of Ohio as to what the true pleading standard is for Ohio. This Note will explain why Ohio should preserve Conley, even if doing so diverges from the original intent of federal-state uniformity embodied by the Federal Rules of Civil Procedure.
Foreword, Mark J. Sundahl
Recurring Storms: Weathering The Future By Understanding The Past , Robert L. Brown Ph.D.
Recurring Storms: Weathering The Future By Understanding The Past , Robert L. Brown Ph.D.
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 …
China’S Response To The Global Financial Crisis: Implications For U.S. – China Economic Relations , Daniel C.K. Chow
China’S Response To The Global Financial Crisis: Implications For U.S. – China Economic Relations , Daniel C.K. Chow
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 …
The Response To The Financial Meltdown In The U.K., Bruce J.L. Lowe
The Response To The Financial Meltdown In The U.K., Bruce J.L. Lowe
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 other over …
Book Review, Laura Ray
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.
Not Of Woman Born: How Ectogenesis Will Change The Way We View Viability, Birth, And The Status Of The Unborn, Eric Steiger
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 outside of …
Whom Would Jesus Cover - A Biblical, Ethical Lens For The Contemporary American Health Care Debate, Jeffrey R. Baker
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
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.
Pushing Back: Protecting Maternal Autonomy From The Living Room To The Delivery Room, Benjamin Grant Chojnacki
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 …
Form & Reform: The Economic Realities Of The United States Healthcare System, Mark Votruba
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 quite as full of bipartisan …
Avoiding Misuse Of Donor Advised Funds, Michael J. Hussey
Avoiding Misuse Of Donor Advised Funds, Michael J. Hussey
Cleveland State Law Review
This Article presents a proposal for further modifying donor advised funds to retain most of their hallmark flexibility and ease of use while drawing them into line with other charitable giving vehicles that put contributed funds to use for active charitable purposes. This Article argues that using individual retirement accounts as an underlying legal model for donor advised funds will address Congress's concerns regarding the appropriateness of the income tax deductions for contributions to donor advised funds while allowing donor advised funds to retain much of their hallmark flexibility and ease of operation.
Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst
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
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.
Originalism, John Marshall, And The Necessary And Proper Clause: Resurrecting The Jurisprudence Of Alexander Addison, Patrick J. Charles
Originalism, John Marshall, And The Necessary And Proper Clause: Resurrecting The Jurisprudence Of Alexander Addison, Patrick J. Charles
Cleveland State Law Review
However, to give Marshall full credit for the “choice of means” doctrine is unfair, he was not the first to lay claim to the doctrine when interpreting the Necessary and Proper Clause. Indeed, the philosophical and legal influences of John Marshall have been the speculation of scholarly discourse for some time. For instance, many legal commentators and historians have attributed the influence of Marshall's opinions to being a strong Federalist because many of his opinions echo the Federalist interpretation of the Constitution. However, Marshall's opinions were also influenced by factors that sometimes conflicted with Federalist thought. This Article does not …
Abridging Constitutional Rights: Sexting Legislation In Ohio, Weronika Kowalczyk
Abridging Constitutional Rights: Sexting Legislation In Ohio, Weronika Kowalczyk
Cleveland State Law Review
What happens when you combine technology, raging adolescent hormones, and rash decisions? As we have seen these past few years, one outcome is “sexting” the trend of teenagers transmitting sexually suggestive text messages or photographs through cell phones and similar communication devices. In 2009, the media was saturated with stories pertaining to sexting, from discussing the ramifications of engaging in it including cyber bullying, slashed reputations, and serious criminal charges to providing guidelines for what parents and educators could do to control or prevent it. Though sexting includes the transmission of messages as well as photographs, the majority of media …
The Police-Prosecutor Relationship And The No-Contact Rule: Conflicting Incentives After Montejo V. Louisiana And Maryland V. Shatzer, Caleb Mason
Cleveland State Law Review
In this paper, I examine the consequences of the divergence of ethical and constitutional rules, with particular attention to the institutional dynamics of criminal investigation and specifically the relationship between police and prosecutors. This relationship is of crucial importance because Montejo and Shatzer create a legal regime in which non-lawyer agents and officers may initiate investigative contact with represented defendants in circumstances in which prosecutors are absolutely forbidden to do so. This situation undermines the ability of prosecutors to effectively supervise the investigation of their cases and puts them in an untenable position when advising agents on the law.
The Mccarran-Ferguson Act's Intersection With Foreign Insurance Companies, Angela D. Krupar
The Mccarran-Ferguson Act's Intersection With Foreign Insurance Companies, Angela D. Krupar
Cleveland State Law Review
This Note is designed to answer a simple question: must insurance companies incorporated in foreign countries follow the same rules as their competitors incorporated in this country? More specifically, it addresses whether the McCarran-Ferguson Act should reach foreign insurance companies and foreign commerce.
The Effect Of The Financial Crisis On The Middle East, Isam Salah
The Effect Of The Financial Crisis On The Middle East, Isam Salah
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 …
Piigs, Itraxx Soyx, Neoliberalism, And Unshackled Finance Capital, Tayyab Mahmud Ph.D.
Piigs, Itraxx Soyx, Neoliberalism, And Unshackled Finance Capital, Tayyab Mahmud Ph.D.
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 …
Spirit Food And Sovereignty: Pathways For Protecting Indigenous Peoples' Subsistence Rights , Allison M. Dussias
Spirit Food And Sovereignty: Pathways For Protecting Indigenous Peoples' Subsistence Rights , Allison M. Dussias
Cleveland State Law Review
The Article examines three pathways recently followed by tribes and Native communities in seeking protection of their rights to valued subsistence resources focusing on the legal principles and theories on which they have relied, including treaty rights, environmental law, tribal sovereignty, and international human rights law, as they have followed their different pathways.
The Wholesale Decommissioning Of Vacant Urban Neighborhoods: Smart Decline, Public-Purpose Takings, And The Legality Of Shrinking Cities, Ben Beckman
Cleveland State Law Review
This Note is principally concerned with those takings that arise from the State's exercise of eminent domain, either directly or through the State's designee. To put a finer point on it, this Note addresses the distinction that property-rights advocates have developed to delegitimize certain types of takings. This distinction divides condemnations into disfavored-yet-legitimate takings-the direct-government-use and common-carrier takings-and ostensibly illegitimate public-purpose takings. The property-rights movement unequivocally places economic-development takings in the illegitimate category. The status of blight-remediation takings is ambiguous but tends toward legitimacy.
Neither Reasonable Nor Remedial: The Hopeless Contradictions Of The Legal Ethics Measures To Prevent Perjury , Susan E. Thrower
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 their conflicting goals, the ABA's rules drafters should …
Masthead, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message, Emily White Kirsch
First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message, Emily White Kirsch
Cleveland State Law Review
The emergence of political activism in the 2008 presidential election extended throughout the country and even to where partisan politics have no place: the public school classroom. In 2004, the New York City Board of Education enacted a regulation that prohibited teachers from wearing any material supporting political candidates or organizations. During the 2008 election, teachers who wanted to wear partisan political buttons in the classroom while teaching claimed that the regulation violated their First Amendment rights. Although the Southern District of New York ultimately held that the teachers had no First Amendment claim, the court's decision, which involved sorting …
Question Of Purpose: Early Retirement Payments To Tenured Professors Constitute Wages Subject To Fica Taxation, Stephen Scott Wick
Question Of Purpose: Early Retirement Payments To Tenured Professors Constitute Wages Subject To Fica Taxation, Stephen Scott Wick
Cleveland State Law Review
Currently, there is a circuit split on the issue of whether early retirement payments (ERPs) made to tenured faculty constitute wages subject to Federal Insurance Contribution Act (FICA) taxation. In North Dakota State University v. United States, the Eighth Circuit held that ERPs made to tenured faculty do not constitute FICA wages because such payments are made to purchase the constitutionally protected property interest that tenured faculty hold in their tenure rights. However, the Sixth and Third Circuits, in Appoloni v. United States and University of Pittsburgh v. United States respectively, held that such payments do constitute FICA wages because …
Automotive Bankruptcy Panel Discussion - November 16, 2009, David G. Heiman, Stephen Kerotkin, Stephen D. Lerner, Thomas Moers Mayer
Automotive Bankruptcy Panel Discussion - November 16, 2009, David G. Heiman, Stephen Kerotkin, Stephen D. Lerner, Thomas Moers Mayer
Cleveland State Law Review
This panel discussion concerning bankruptcy and the automobile industry took place in the Joseph W. Bartunek III Moot Court Room on the campus of the Cleveland-Marshall College of Law on November 16, 2009.