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Full-Text Articles in Law

Entrapment, Paul C. Giannelli Feb 1997

Entrapment, Paul C. Giannelli

Faculty Publications

No abstract provided.


Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli Feb 1997

Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli

Faculty Publications

No abstract provided.


Police Interrogations And Confessions, Paul C. Giannelli Feb 1997

Police Interrogations And Confessions, Paul C. Giannelli

Faculty Publications

No abstract provided.


Rape Trauma Syndrome, Paul C. Giannelli Feb 1997

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 Feb 1997

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 Feb 1997

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 Feb 1997

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 Feb 1997

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 Feb 1997

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 Feb 1997

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 Feb 1997

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 Feb 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

Skunk Works Bill Contains Some Stinky Provisions, Erik M. Jensen

Faculty Publications

No abstract provided.


How Will We Regulate Genetic Enhancement, Maxwell J. Mehlman Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 …