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Articles 1 - 11 of 11
Full-Text Articles in Law
Brief Of Antitrust Scholars As Amici Curiae In Support Of Appellees, Supporting Affirmance, Chris Sagers, K. Craig Wildfang, Ryan W. Marth, David Martinez
Brief Of Antitrust Scholars As Amici Curiae In Support Of Appellees, Supporting Affirmance, Chris Sagers, K. Craig Wildfang, Ryan W. Marth, David Martinez
Law Faculty Briefs and Court Documents
Amici urge affirmance for three principal reasons. First, we elaborate a point to dispel Appellant's suggestion that antitrust somehow does not belong here. Second, we show that ordinary rule of reason treatment was appropriate. Relying rather daringly on a case that it overwhelmingly lost, Appellant asks this Court to find within NCAA v. Board of Regents of Univ. of Okla., 468 U. S. 85 (1984), a rule that its "amateurism" or "eligibility" restraints are "valid...as a matter of law." NCAA Br. at 14, 22. Board of Regents did not say that, and even Appellant's own amici admit it. See Wilson …
Ohio Charter Schools And Educational Privatization: Undermining The Legacy Of The State Constitution's Common School Approach, Nathaniel J. Mcdonald
Ohio Charter Schools And Educational Privatization: Undermining The Legacy Of The State Constitution's Common School Approach, Nathaniel J. Mcdonald
Cleveland State Law Review
Part II of this Note briefly discusses the current state of public education in Ohio and outlines the DeRolph litigation and its implications. Part III focuses on the “thorough and efficient” education clause in the Ohio Constitution and analyzes its meaning from an historical perspective. Part IV addresses the theory behind the privatization of education in general, briefly discusses the history of privatization, and introduces different types of educational privatization in Ohio. Part V compares the ideology behind the education clause in the Ohio Constitution with privatization ideology and concludes that the two ideologies are in conflict. Part VI discusses …
The Use Of Genetic Information For Nonmedical Purposes, Mark A. Rothstein
The Use Of Genetic Information For Nonmedical Purposes, Mark A. Rothstein
Journal of Law and Health
When one thinks about the use of genetic information by third parties for nonmedical purposes, one of the first things that comes to mind is the question of how the third party can gain access to the information. There are three main ways. First, and most importantly, the third party may obtain records developed in the clinical setting. In other words, if someone wants a job or insurance, that person may be required to sign a release authorizing the third party to access those records. Second, the genetic records might be obtained through a genetic data bank. Third, the third …
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.
Student Conduct Regulations, Arthur J. Marinelli Jr.
Student Conduct Regulations, Arthur J. Marinelli Jr.
Cleveland State Law Review
The law relating to university students in their relationships with their schools has been undergoing rapid change as students have sought judicial relief when subjected to disciplinary action by universities. The courts have, in recent years, applied constitutional standards in reviewing the action of university officials with respect to the form of student conduct regulations, student expression, and disciplinary proceedings in the tax-supported university. Judicial abstention was once the rule, historically based upon a number of varying theories. Attendance at a university was once regarded as a "privilege," and regulation of student action has been upheld on this theory as …
Tort Liability Of Teachers And Administrators For Negligent Conduct Toward Pupils, Reynolds C. Seitz
Tort Liability Of Teachers And Administrators For Negligent Conduct Toward Pupils, Reynolds C. Seitz
Cleveland State Law Review
The real reason for this article is found in the recognition that good law is generally a guide to good conduct. School people ought to know as much about what the law dictates in respect to conduct toward children under their supervision as they know about the teachings of psychology. Before getting directly into the discussion, it seems appropriate to stress that there is nothing in tort law which makes teachers or admin- istrators the insurers of the safety of children. Accidents will continue to happen which cause injury to children in school. If, however, the teacher or administrator has …
Corporal Punishment In Schools: An Infringement On Constitutional Freedoms, Thomas J. Baechle
Corporal Punishment In Schools: An Infringement On Constitutional Freedoms, Thomas J. Baechle
Cleveland State Law Review
The doctrine of in loco parentis and the right of the teacher to inflict corporal punishment has a long history of acceptance. The doctrine itself has survived for centuries with no serious challenges to its validity or acceptability. The doctrine states that a teacher stands in the place of the parent and has the right to discipline his students, including the right to inflict corporal punishment for reasonable cause and in a reasonable manner. The basis of the doctrine is an assumption of the delegation of parental authority and an assumption of the correctness of the teacher's actions. A direct …
Evolution And Development Of College Law, Thomas E. Blackwell
Evolution And Development Of College Law, Thomas E. Blackwell
Cleveland State Law Review
The history of the development of higher education has received adequate and comprehensive treatment in many texts. However, a brief review of those facets of its evolution which relate to the subject of corporate structure is in order.
School Boards - A Mandate For Enlightenment Unfulfilled, Edgar L. Lindley
School Boards - A Mandate For Enlightenment Unfulfilled, Edgar L. Lindley
Cleveland State Law Review
Boards of education, whose members are elected to their public office; whose members are, collectively, the employers of educators; and whose members are, collectively, the governing authority responsible for the educational policies in their school district, have a duty far greater than merely serving as a vehicle for the purpose of carrying out the affairs of state. Because school activity constitutes the first sustained contact of governmental authority with our youthful citizens, school boards have the highest degree of responsibility to represent the sov- ereign and majestic power of government in the most enlightened manner possible.
Congressional Control Of U. S. Supreme Court Jurisdiction, George H. Faust
Congressional Control Of U. S. Supreme Court Jurisdiction, George H. Faust
Cleveland State Law Review
Senate Bill No. 2646 proposed in the Congress is unprecedented in scope. If it is enacted the Supreme Court will be reduced to a virtual nullity. Displeasure with recent decisions of the Court has engendered an attack upon its status which strikes at its vitals. This article is an analysis of the bill and the types of cases over which the Supreme Court would no longer have appellate jurisdiction.
Two Views On The Federal Narcotics Law Problem: Ii - Need For An Effective Treatment And Education Program In The Federal Narcotics Law, Howard W. Jordan
Two Views On The Federal Narcotics Law Problem: Ii - Need For An Effective Treatment And Education Program In The Federal Narcotics Law, Howard W. Jordan
Cleveland State Law Review
Our interest in the extent and nature of the narcotics problem stems from our experience as a social worker and probation officer over a number of years in trying to supervise narcotic users on probation. However, our interest was crystallized in 1951 at the increased number of such cases appearing in our court since 1950, and we became genuinely alarmed. As a result of staff discussion and interest, we were authorized by the chief probation officer, Richard J. McManus, to study this problem and to conduct a preliminary survey of the problem in the State of Ohio. The study pointed …