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Articles 1 - 21 of 21
Full-Text Articles in Law
2004 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library
2004 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library
Scholars and Artists Bibliographies
This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti
Implications Of The Altmann Decision On Former Yugoslav States, Milena Sterio
Implications Of The Altmann Decision On Former Yugoslav States, Milena Sterio
Law Faculty Articles and Essays
The law of state succession is one of the most complicated areas of law. Scholars and politicians have seldom reached a consensus on the exact public international law rules in this area. The recent breakup of former Yugoslavia exemplifies some of the difficulties relating to, inter alia, the distinction between dissolution and secession, the allocation of debt and assets among successor states, and more particularly, the resolution of individual disputes among citizens of former Yugoslav republics. The latter issue has been particularly important, as numerous individuals have lost their life savings and immovable property during the internal war that ravaged …
It's A Small World After All: Making The Case For The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis
It's A Small World After All: Making The Case For The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis
Law Faculty Articles and Essays
The purpose of this article is to illustrate why NEPA should be applied extraterritorially. For purposes of this article, extraterritorially means "beyond the territorial jurisdiction of the United States." Section One discusses the mandates of NEPA and its importance to the protection of the environment. In the second section, the article addresses the historic treatment of the issue of NEPA' s extraterritorial application by the legislative, executive and judicial branches. The third section analyzes the possible future treatment of the issue by those branches. The fourth section consists of a discussion of the reasons why NEPA should be applied extraterritorially. …
Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action,, Reginald Oh
Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action,, Reginald Oh
Law Faculty Articles and Essays
Oh argues that when the United States Supreme Court decided Richmond v. Croson in 1989 and imposed strict scrutiny on state and local government affirmative action programs, it marked a critical moment and turning point in the evolution and development of public and legal discourse on race, racism, and race relations in America. Although many scholars have critically examined the Croson opinion, curiously, scholars have yet to recognize its full ramifications and implications. Aside from the technical doctrinal changes made to equal protection law, the Croson decision is also important because of the way the Court produced and mapped a …
Supreme Court Watch, Reginald Oh
Supreme Court Watch, Reginald Oh
Law Faculty Articles and Essays
Oh discusses how the U.S. Supreme Court, in General Dynamics Land Systems, Inc. v. Cline, 124 S. Ct. 1236 (2004), settled a circuit court conflict over the viability of "reverse age discriminations" claim under the Age Discrimination in Employment Act (ADEA). The Court, in a 6-3 decision, held that statutorily protected workers over the age of forty may not bring an ADEA claim alleging that their employer discriminated against them in favor of older employees.
Brown'S Legacy Then And Now: Race And Law School Admissions Debates Continue After Nearly 70 Years, Lauren M. Collins
Brown'S Legacy Then And Now: Race And Law School Admissions Debates Continue After Nearly 70 Years, Lauren M. Collins
Law Faculty Articles and Essays
Next month marks the 50th anniversary of the landmark desegregation case Brown v. Board of Education. Although this case represents a major victory in the battle for civil rights, the struggle against racism in education began some 20 years prior to Brown. During the 1930s and 1940s, at least seven African-American law school candidates aggressively challenged the unequal treatment of minority applicants in state courts, some eventually reaching the U.S. Supreme Court. Early successes in these cases lead to the more sweeping Brown decision, which then contributed to further law school admission policy reform. Discussion about the role of …
A Critical Linguistic Analysis Of Equal Protection Doctrine: Are Whites A Suspect Class, Reginald Oh
A Critical Linguistic Analysis Of Equal Protection Doctrine: Are Whites A Suspect Class, Reginald Oh
Law Faculty Articles and Essays
This Article contends that the linguistic structure of equal protection doctrine has played a major role in shaping and influencing its evolution and development. To show how linguistic structure shapes substantive legal discourse, this Article will examine a fundamental question that deals with equal protection law: when should the Court subject a law to heightened judicial scrutiny? Typically, when dealing with equal protection challenges to governmental action, the Court will generally defer to legislative judgment, presume the constitutionality of the legislation, and uphold the statute. However, under some circumstances, the Court will remove the presumption of constitutionality and subject certain …
Supreme Court Watch, Reginald Oh
Supreme Court Watch, Reginald Oh
Law Faculty Articles and Essays
Professor Oh briefly describes Locke v. Davey in which the U.S. Supreme Court, in its 2003-04 term, attempted to clarify its First Amendment jurisprudence on the religion clauses. In a 7-2 decision, the Court held that the State of Washington did not violate the First Amendment Free Exercise Clause by denying government financial aid to college students seeking to pursue a course of study in religious devotional studies.
Antitrust Immunity And Standard Setting Organizations: A Case Study In The Public-Private Distinction, Chris Sagers
Antitrust Immunity And Standard Setting Organizations: A Case Study In The Public-Private Distinction, Chris Sagers
Law Faculty Articles and Essays
This paper uses an ongoing issue of local legal doctrine as a case study to provide insights into a problem of larger political philosophy: the problem whether the difference between "public" and "private" should be made to matter and, indeed, whether there is a difference at all. The case study is as follows: In our system, state governments are free to fashion their own trade policies in virtually any manner they choose. During the past century there has evolved a complex range of relationships between government and the businesses regulated by those policies, the result often being that businesses themselves …
Foreword: The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin F. O'Neill
Foreword: The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin F. O'Neill
Law Faculty Articles and Essays
This symposium issue of the Cleveland State Law Review publishes the papers that were presented at a conference marking the bicentennial of the Ohio Constitution. That conference, held here at Cleveland-Marshall College of Law in April 2003, examined the history and assessed the vitality of our state constitution. The conference was conceived and its planning was supervised by our Dean, Steven H. Steinglass, who has devoted significant scholarly attention to the Ohio Constitution. In light of my own endeavors in state constitutional law, both as a lawyer and as a scholar, I gladly assisted Dean Steinglass in organizing the conference. …
Pslra, Slusa, And Defrauded Retirement Investors: Overlooked Side Effects Of A Potent Legislative Medicine, Michael J. Borden
Pslra, Slusa, And Defrauded Retirement Investors: Overlooked Side Effects Of A Potent Legislative Medicine, Michael J. Borden
Law Faculty Articles and Essays
This Article highlights a harmful and far-reaching unintended consequence of two major pieces of securities litigation reform legislation that were passed as part of the Republican party's Contract with America in the mid-1990s. These reforms were justified, in part, on the grounds that they would benefit investors by improving disclosure of financial information by corporations. However, for many aggrieved investors, the effect of the legislation was just the opposite. Because of inadequate and misleading disclosures made by life insurance companies and their registered representatives, consumers were induced to purchase inappropriate investments carrying excessive fees that reduced the value of their …
Supreme Court Watch, Reginald Oh
Supreme Court Watch, Reginald Oh
Law Faculty Articles and Essays
Discusses the Supreme Court decision Lawrence v. Texas, 123 S. Ct. 24 72 (2003). Writing for the majority, Justice Anthony Kennedy held that the Texas anti-sodomy statute, by criminalizing adult consensual sexual conduct, violated the petitioners' vital interests in liberty and privacy as protected by the substantive due process doctrine under the Fourteenth Amendment.
Appointed But (Nearly) Prevented From Serving: My Experience As A Grand Jury Foreperson, Phyllis L. Crocker
Appointed But (Nearly) Prevented From Serving: My Experience As A Grand Jury Foreperson, Phyllis L. Crocker
Law Faculty Articles and Essays
In summer 2003, I was a grand jury foreperson for the Cuyahoga County Court of Common Pleas in Cleveland, Ohio. The service of this grand jury, and my tenure as foreperson, were unique in the annals of grand juries. We were selected and sworn in the same manner as any grand jury, but heard cases for only one day of our four-month term-the last day. In the interim, the prosecutor filed cases in two courts, seeking to discharge us, as being “tainted” by our supervising judge's initial instructions about our duties and the law. I begin this essay with basic …
The International Legacy Of Brown V. Board Of Education, Brian E. Ray
The International Legacy Of Brown V. Board Of Education, Brian E. Ray
Law Faculty Articles and Essays
The authors describe the international legacy of Brown v. Board of Education in two discrete but related parts. First, they survey the international and domestic political contexts of the decision, which other commentators have convincingly demonstrated played a prominent role in the debates surrounding legalized segregation and in the arguments before the Supreme Court in the case itself. Important in this section is the intense and widespread international attention that was paid both to the problem of race relations in the U.S. and the decision in Brown. This background sets up the conclusions the authors draw from their survey …
Roe's Legacy: The Nonconsensual Medical Treatment Of Pregnant Women And Implications For Female Citizenship, April L. Cherry
Roe's Legacy: The Nonconsensual Medical Treatment Of Pregnant Women And Implications For Female Citizenship, April L. Cherry
Law Faculty Articles and Essays
In this Essay, I demonstrate how I have come to the conclusion that the "compelling state interest" language used by the Court in Roe has been used to constrain and derogate women's citizenship. In Part I, I detail Roe's holding and describe some of the arguments, which use Roe as precedent, that seek to justify limits on health care decision making by pregnant women. I argue that because Roe does not address situations outside of the abortion context, it leaves intact women's common law and constitutional liberty rights to direct their medical care. Therefore, the state cannot constitutionally compel medical …
Rluipa: Where Are We Now? Where Are We Heading?, Alan C. Weinstein
Rluipa: Where Are We Now? Where Are We Heading?, Alan C. Weinstein
Law Faculty Articles and Essays
Over the past three years, hardly a week has gone by without at least one news-story announcing that a church, synagogue, or religious school-I'll use the term “church” from here on as a shorthand for all houses of worship or other religious institutions—is claiming that its right to religious freedom is being infringed by local government land use regulations in violation of the Religious Land Use and Institutionalized Persons Act. RLUIPA, a federal statute signed into law in September 2000, was enacted to restore to full vigor legal protection for religious freedoms that the Act's proponents argue had been seriously …
Not To Decide Is To Decide: The U.S. Supreme Court's Thirty-Year Struggle With One Case About Competency To Waive Death Penalty Appeals, Phyllis L. Crocker
Not To Decide Is To Decide: The U.S. Supreme Court's Thirty-Year Struggle With One Case About Competency To Waive Death Penalty Appeals, Phyllis L. Crocker
Law Faculty Articles and Essays
In 1995, the U.S. Supreme Court dismissed Rees v. Peyton, a case that had been on its docket since 1965. Rees was a death penalty case in which the petitioner sought to withdraw his petition for writ of certiorari so that he could be executed. The Court stayed the proceedings after Rees was found incompetent to waive his appeal, but the Court did not dismiss the case until after Rees died of natural causes. Rees pended in the Court during the terms of three Chief Justices. Even though the Court underwent major changes in personnel and philosophy during those years, …
How Many Times Do I Have To Tell You?! Epa's Ongoing Struggle With Data From Third-Party Pesticide Toxicity Studies Using Human Subjects, Heidi Gorovitz Robertson
How Many Times Do I Have To Tell You?! Epa's Ongoing Struggle With Data From Third-Party Pesticide Toxicity Studies Using Human Subjects, Heidi Gorovitz Robertson
Law Faculty Articles and Essays
This article addresses EPA's current and historic policy struggle regarding the position the Agency should take with respect to pesticide toxicity studies done by third parties in their attempts to register pesticides. Chemical companies often conduct these studies, or seek third-parties to do so, and submit the results to EPA in support of applications for pesticide registration. Although EPA had a high level joint Science Advisory Board/FIFRA Science Advisory Panel make recommendations to it on this subject in 1999, last year EPA asked the National Academy of Sciences to conduct additional, almost certainly duplicative review. Specifically, EPA has asked the …
Access To Public School Facilities For Religious Expression By Students, Student Groups And Community Organizations: Extending The Reach Of The Free Speech Clause, Ralph Mawdsley
Law Faculty Articles and Essays
The purpose of this article is to examine how courts, in their more recent decisions, have addressed the religious speech claims of individual students, student groups, and community organizations.
School Board Control Over Education And A Teacher's Right To Privacy, Ralph Mawdsley
School Board Control Over Education And A Teacher's Right To Privacy, Ralph Mawdsley
Law Faculty Articles and Essays
Privacy as a protected right for employees in the United States is grounded in several constitutional provisions. Most generally, the notion of privacy is associated with confidentiality of information , which is protected under both the Liberty Clause of the Constitution's Fourteenth Amendment and the Fourth Amendment's protection from unreasonable searches and seizures. However, an expanded understanding of privacy can find protection under the concepts of the right of association protected under the Liberty Clause and the First Amendment, expression of ideas under the Free Speech Clause of the First Amendment, and practice of one's religious beliefs under the Free …
Patent Politics, Michael Henry Davis
Patent Politics, Michael Henry Davis
Law Faculty Articles and Essays
To observe that so-called intellectual property (IP) flowered in the late twentieth century, even supplanting, to a large extent, the place of real and tangible personal property in terms of corporate, if not individual, wealth, is almost trite. Since IP has become the bedrock of most commercial wealth, especially in international trade, and since international trade is, or is about to become, the center of most commercially valuable trade, a comprehensive understanding of IP has become essential. Instead of being the reserve of technicians, the field demands a full examination by jurists and the larger society.Although IP literature has blossomed, …