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Articles 1 - 30 of 50
Full-Text Articles in Law
Entrapment, Paul C. Giannelli
Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli
Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli
Faculty Publications
No abstract provided.
Police Interrogations And Confessions, Paul C. Giannelli
Police Interrogations And Confessions, Paul C. Giannelli
Faculty Publications
No abstract provided.
Rape Trauma Syndrome, Paul C. Giannelli
Rape Trauma Syndrome, Paul C. Giannelli
Faculty Publications
Article discusses use of rape trauma syndrom in litigation.
The Prosecutor V. Dusko Tadic: An Appraisal Of The First International War Crimes Trial Since Nüremberg, Michael P. Scharf
The Prosecutor V. Dusko Tadic: An Appraisal Of The First International War Crimes Trial Since Nüremberg, Michael P. Scharf
Faculty Publications
No abstract provided.
Have We Really Learned The Lessons Of Nüremberg?, Michael P. Scharf
Have We Really Learned The Lessons Of Nüremberg?, Michael P. Scharf
Faculty Publications
No abstract provided.
Getting Serious About An International Criminal Court, Michael P. Scharf
Getting Serious About An International Criminal Court, Michael P. Scharf
Faculty Publications
No abstract provided.
Introduction: The Law-Medicine Center 50th Anniversary Symposium: The Field Of Health Law: It’S Past And Future, Maxwell J. Mehlman
Introduction: The Law-Medicine Center 50th Anniversary Symposium: The Field Of Health Law: It’S Past And Future, Maxwell J. Mehlman
Faculty Publications
Introduction to The Law-Medicine Center 50th Anniversary Symposium: The Field of Health Law: Its Past and Future, Cleveland, Ohio 2004.
The Law Of Above Averages: Leveling The New Genetic Enhancement Playing Field, Maxwell J. Mehlman
The Law Of Above Averages: Leveling The New Genetic Enhancement Playing Field, Maxwell J. Mehlman
Faculty Publications
In this article, I will explore some of the legal implications of this emerging technology-the technology of genetic enhancement. Specifically, I will discuss how the law might respond to two related consequences: an increase in social inequality, and the
Introduction - Kyl Amendment Symposium, Maxwell J. Mehlman
Introduction - Kyl Amendment Symposium, Maxwell J. Mehlman
Faculty Publications
Introduction to the Symposium: Medicare Private Contracting (The KYL Amendment), Cleveland, Ohio, 2000.
Introduction, Symposium National Health Care Reform: The Legal Issues, Maxwell J. Mehlman
Introduction, Symposium National Health Care Reform: The Legal Issues, Maxwell J. Mehlman
Faculty Publications
Introducation to the Symposium: National Health Care Reform: The Legal Issues, Cleveland, Ohio, 1995.
The Human Genome Project And The Courts: Gene Therapy And Beyond, Maxwell J. Mehlman
The Human Genome Project And The Courts: Gene Therapy And Beyond, Maxwell J. Mehlman
Faculty Publications
No abstract provided.
Symposium: Workshop On Inherited Breast Cancer In Jewish Women: Ethical, Legal, And Social Implications, Maxwell J. Mehlman
Symposium: Workshop On Inherited Breast Cancer In Jewish Women: Ethical, Legal, And Social Implications, Maxwell J. Mehlman
Faculty Publications
Introducation to Symposium: Workshop on the BRCA1 Breast Cancer Gene in the Jewish Population, Cleveland, Ohio, 1997.
Response To David Nimmer, ‘Copyright In The Dead Sea Scrolls: Authorship And Originality’, Martha Woodmansee
Response To David Nimmer, ‘Copyright In The Dead Sea Scrolls: Authorship And Originality’, Martha Woodmansee
Faculty Publications
Response to David Nimmer's article "Authorship and Originality."
On The Author Effect: Recovering Collectivity, Martha Woodmansee
On The Author Effect: Recovering Collectivity, Martha Woodmansee
Faculty Publications
No abstract provided.
Introduction: Prosecutorial Ethics And The Right To A Fair Trial: The Role Of The Brady Rule In The Modern Criminal Justice System, Lewis R. Katz
Introduction: Prosecutorial Ethics And The Right To A Fair Trial: The Role Of The Brady Rule In The Modern Criminal Justice System, Lewis R. Katz
Faculty Publications
Introduction to the Introduction Symposium: Prosecutorial Ethics and the Right to a Fair Trial: The Role of the Brady Rule in the Modern Criminal Justice System, Cleveland, Ohio, 2007.
Symposium On The Fortieth Anniversary Of Mapp V. Ohio - Forward, Lewis R. Katz
Symposium On The Fortieth Anniversary Of Mapp V. Ohio - Forward, Lewis R. Katz
Faculty Publications
Foreword to the Symposium on the Fortieth Anniversary of Mapp v. Ohio, Cleveland, Ohio, 2001.
Mapp After Forty Years: Its Impact On Race In America, Lewis R. Katz
Mapp After Forty Years: Its Impact On Race In America, Lewis R. Katz
Faculty Publications
No abstract provided.
United States V. Ross: Evolving Standards For Warrantless Searches, Lewis R. Katz
United States V. Ross: Evolving Standards For Warrantless Searches, Lewis R. Katz
Faculty Publications
The purpose of this Article is to examine the Ross decision and its implications for related fourth amendment areas. It will also discuss the automobile exception, the broad scope of warrantless searches, and the possible emergence of a public place-proba
Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz
Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz
Faculty Publications
No abstract provided.
Gideon's Trumpet: Mournful And Muffled, Lewis R. Katz
Gideon's Trumpet: Mournful And Muffled, Lewis R. Katz
Faculty Publications
The scope of this article is four-fold: (1) a description of the principal methods used to provide legal assistance to persons charged with criminal offenses; (2) a discussion of when legal assistance is constitutionally required and actually needed; (3)
Municipal Courts--Another Urban Ill, Lewis R. Katz
Municipal Courts--Another Urban Ill, Lewis R. Katz
Faculty Publications
No abstract provided.
The Municipal Bond Interst Exemption: Comments On A Running Battle, Leon Gabinet
The Municipal Bond Interst Exemption: Comments On A Running Battle, Leon Gabinet
Faculty Publications
Ever since the enactment of the Revenue Act of 1913 there has been continued debate surrounding the exemption given to municipal bond interest. More recently a variety of alternatives to the interest exemption have been suggested in an effort to correct t
Economic Performance And Progressive Jackpots: A Better Analysis, Erik M. Jensen
Economic Performance And Progressive Jackpots: A Better Analysis, Erik M. Jensen
Faculty Publications
No abstract provided.
Skunk Works Bill Contains Some Stinky Provisions, Erik M. Jensen
Skunk Works Bill Contains Some Stinky Provisions, Erik M. Jensen
Faculty Publications
No abstract provided.
How Will We Regulate Genetic Enhancement, Maxwell J. Mehlman
How Will We Regulate Genetic Enhancement, Maxwell J. Mehlman
Faculty Publications
Genetic enhancement technologies present difficult and novel regulatory issues, including the problem of measuring and comparing risks and benefits and dealing with the impact of these technologies on social values. This Article describes and evaluates the potential approaches that may be taken to regulate these technologies. The author concludes that a variety of approaches will be necessary, involving self-regulation, government restrictions on access and use, licensing, and a national lottery.
Rationing Expensive Lifesaving Medical Resources, Maxwell J. Mehlman
Rationing Expensive Lifesaving Medical Resources, Maxwell J. Mehlman
Faculty Publications
In this Article, Professor Mehlman examines the possible systems for rationing expensive lifesaving medical technologies. First, he concludes that the costs of any rationing system probably exceed its benefits. Consequently, he rejects the rationing of expensive but available lifesaving medical technologies. Second, he argues that the increased availability of the technologies and the recent expansion of patient rights to sue will result in a substantial number of judicial challenges to rationing. Finally, he suggests detailed criteria to aid the courts in deciding whether a resource has been improperly rationed.
Health Care Cost Containment And Medical Technology: A Critique Of Waste Theory, Maxwell J. Mehlman
Health Care Cost Containment And Medical Technology: A Critique Of Waste Theory, Maxwell J. Mehlman
Faculty Publications
The high cost of health care has led to proposals to reduce wasteful medical technology under Medicare and other payment systems. Professor Mehlman warns that achieving this objective, while laudable in theory, is problematic because of the difficulties of defining, detecting and eliminating technology waste. A particular danger is that, in an effort to reduce waste, patients will be denied not only technologies that are wasteful from the patient's own perspective but technologies that yield net patient benefit. This risk is exacerbated by the Medicare prospective payment system, which rewards hospitals financially in inverse proportion to the amount of care …
Presumed Consent To Organ Donation: A Reevaluation, Maxwell J. Mehlman
Presumed Consent To Organ Donation: A Reevaluation, Maxwell J. Mehlman
Faculty Publications
his paper examines the presumed consent approach from a practical, legal and ethical perspective. It concludes that presumed consent for harvesting cadaveric organs a may be a viable policy alternative, but that research in a number of specific areas is needed before the policy can be endorsed.
Liability For Prescribing Intravenous Injection Equipment To Iv Drug Users, Maxwell J. Mehlman
Liability For Prescribing Intravenous Injection Equipment To Iv Drug Users, Maxwell J. Mehlman
Faculty Publications
In the absence of widespread publicly sponsored needle exchange programs, the proposal has been made that physicians prescribe syringes and needles to intravenous (IV) drug users in order to reduce the risk of infection from HIV and other diseases that could result from needle sharing. One question is whether physicians who engage in this behavior, as well as pharmacists who fill the prescriptions, face a significant threat of malpractice liability if the IV drug user or someone else, perhaps an innocent bystander, is harmed as a result of the prescribed equipment. No such cases have been reported, per- haps because …