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Full-Text Articles in Law

Lincoln: The Constitution And The Civil War: An Exhibition, Laura E. Ray Dec 2011

Lincoln: The Constitution And The Civil War: An Exhibition, Laura E. Ray

Law Library Research Guides - Archived

January 4 - February 17, 2012, the C|M|Law Library hosts the traveling exhibition Lincoln: The Constitution and the Civil War, an examination of how President Lincoln used the Constitution to confront three intertwined crises of the Civil War - the secession of Southern states, slavery, and wartime civil liberties. The materials highlighted in this guide offer opportunities to further explore the exhibition's themes and assess how Lincoln’s struggles still resonate with constitutional issues today.

The traveling exhibition was organized by the National Constitution Center and the American Library Association (ALA) Public Programs Office, and made possible by a ...


Association Between Mental Health Disorders And Juveniles' Detention For A Personal Crime, Patricia A. Stoddard Dare, Christopher A. Mallett, Craig Boitel Nov 2011

Association Between Mental Health Disorders And Juveniles' Detention For A Personal Crime, Patricia A. Stoddard Dare, Christopher A. Mallett, Craig Boitel

Social Work Faculty Publications

Background: Youth involved with juvenile courts often suffer from mental health difficulties and disorders, and these mental health disorders have often been a factor leading to the youth’s delinquent behaviours and activities.

Method: The present study of a sample population (N= 341), randomly drawn from one urban US county’s juvenile court delinquent population, investigated which specific mental health disorders predicted detention for committing a personal crime.

Results: Youth with attention-deficit hyperactivity disorder and conduct disorder diagnoses were significantly less likely to commit personal crimes and experience subsequent detention, while youth with bipolar diagnoses were significantly more likely.

Conclusion ...


2011 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library, Mark Tebeau Oct 2011

2011 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library, Mark Tebeau

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. Mark Tebeau was the guest speaker


Research Resources For Judicial Independence And Lgbt Rights Symposium, Sue M. Altmeyer Oct 2011

Research Resources For Judicial Independence And Lgbt Rights Symposium, Sue M. Altmeyer

Law Library Research Guides - Archived

On Friday, October 21, 2011, C|M|LAW held a symposium entitled ”The Politicization of Judicial Elections and Its Effect on Judicial Independence and LGBT Rights”, featuring

  • The Hon. Marsha K. Ternus, former Chief Justice, Iowa Supreme Court, ousted after the court’s decision in Varnum v. Brien , which held unconstitutional a state statute limiting marriage rights to a union between a man and a woman.
  • Camilla Taylor, Lambda Law attorney who successfully litigated Varnum through the Iowa courts
  • Daniel Tokaji, Ohio State Law Professor and expert on election law and issues
  • C|MLAW Professor Susan Becker, introductory remarks
  • C ...


The People's Court, Kermit J. Lind Oct 2011

The People's Court, Kermit J. Lind

Law Faculty Articles and Essays

The Cleveland Housing Court adjudicates only one house and one owner at a time, while the investors and speculators in blighted properties operate in secret at high volume from a distance. However, the court's focus on housing code compliance and its (when needed) willingness to hand down strong measures is powerful. Even now, the City of Cleveland is implementing new strategic code compliance measures in partnership with neighborhood-based community development corporations, to the point where there is less profit in owning worthless houses in Cleveland, and the court is redirecting the disposal of low-value foreclosed houses to local land ...


May It Please The Court, David F. Forte Oct 2011

May It Please The Court, David F. Forte

Law Faculty Articles and Essays

As Alexander Hamilton noted, judges have no power of the purse. They have no army. Their only weapon is the reasons they proffer.


Cyberbullying Resource Guide, Laura E. Ray Sep 2011

Cyberbullying Resource Guide, Laura E. Ray

Law Library Research Guides - Archived

On Friday, September 23rd, 2011, the Cleveland-Marshall College of Law Journal of Law and Health sponsored the symposium Bullies in a Wired World: Cyberspace Victimization's Impact on Adolescent Mental Health and the Need for Cyberbullying Legislation in Ohio.

This guide provides informational resources to complement the symposium. The reader may also be interested in the Law Library's Cyber Law Research Guide.


Explicating Correlates Of Juvenile Offender Detention Length: The Impact Of Race, Mental Health Difficulties, Maltreatment, Offense Type, And Court Dispositions, Christopher A. Mallett, Patricia A. Stoddard Dare, Mamadou M. Seck Aug 2011

Explicating Correlates Of Juvenile Offender Detention Length: The Impact Of Race, Mental Health Difficulties, Maltreatment, Offense Type, And Court Dispositions, Christopher A. Mallett, Patricia A. Stoddard Dare, Mamadou M. Seck

Social Work Faculty Publications

Detention and confinement are widely acknowledged juvenile justice system problems which require further research to understand the explanations for these outcomes. Existing juvenile court, mental health, and child welfare histories were used to explicate factors which predict detention length in this random sample of 342 youth from one large, urban Midwestern county in the United States. Data from this sample revealed eight variables which predict detention length. Legitimate predictors of longer detention length such as committing a personal crime or violating a court order were nearly as likely in this sample to predict detention length as other extra-legal predictors such ...


Brief Of Amicus Curiae American Antitrust Institute In Support Of Appellants And Reversal Of The District Court's Decision, Federal Trade Commission And State Of Minnesota V. Lundbeck, Inc. Nos. 10-3548 And 10-3549, United States Court Of Appeals For The Eighth District (2011), Christopher L. Sagers, W. Joseph Bruckner, Richard M. Brunell Jan 2011

Brief Of Amicus Curiae American Antitrust Institute In Support Of Appellants And Reversal Of The District Court's Decision, Federal Trade Commission And State Of Minnesota V. Lundbeck, Inc. Nos. 10-3548 And 10-3549, United States Court Of Appeals For The Eighth District (2011), Christopher L. Sagers, W. Joseph Bruckner, Richard M. Brunell

Law Faculty Briefs and Court Documents

The basis for the District Court’s ruling was its view that cross-price elasticity of demand was “very low” between the two drugs acquired by Lundbeck, and therefore that they could not be in the same relevant market.2 AAI urges reversal on three grounds. First, assuming arguendo that crossprice elasticity was low – even if it were zero – the court’s approach fundamentally misapprehended the law. A lack of price competition between two functionally interchangeable products does not preclude a determination that they are in the same relevant market. Second, regardless of “low” cross-price elasticity, the acquisition removed an actual ...


Teaching Persuasion And Critical Thinking Using The State Of The Union Address, Claire May Jan 2011

Teaching Persuasion And Critical Thinking Using The State Of The Union Address, Claire May

Law Faculty Contributions to Books

No abstract provided.


International Law In Crisis: Piracy Off The Coast Of Somalia, Milena Sterio Jan 2011

International Law In Crisis: Piracy Off The Coast Of Somalia, Milena Sterio

Law Faculty Articles and Essays

The rise of piracy off the coast of Somalia over the last five years has been spectacular, amounting to a true crisis in international law. During the first six months of 2011, Somali pirates attacked 163 ships and took 361 sailors hostage. As of June 30, 2011, Somali pirates were holding 20 ships and 420 crew members, demanding millions of dollars in ransom for their release. Moreover, pirates have been attacking larger ships, such as oil tankers, and using more potent weapons, such as rocket-propelled grenades and automatic weapons. Pirates have also been attacking during monsoon season, an otherwise risky ...


Memo On Revisions To Hb 125, David Forte Jan 2011

Memo On Revisions To Hb 125, David Forte

Law Faculty Articles and Essays

Forte's suggestions for revision to HB 125 – The Heartbeat Bill (2011-2012) appears on the Catholic Conference of Ohio website.


Proceduralisation's Triumph And Engagement's Promise In Socio-Economic Rights Litigation, Brian E. Ray Jan 2011

Proceduralisation's Triumph And Engagement's Promise In Socio-Economic Rights Litigation, Brian E. Ray

Law Faculty Articles and Essays

Three of the Constitutional Court's socio-economic rights decisions of the 2009 term are the culmination of a strong trend towards the proceduralisation of socio-economic rights that many commentators have argued fails to fulfill their original promise. This triumph of proceduralisation undeniably restricts the direct transformative potential of these rights. But there is another aspect to this trend - an aspect reflected in the Court's emphasis on participatory democracy and the ability of procedural remedies to democratise the rights-enforcement process. This article considers what the triumph of proceduralisation means for future social and economic rights litigation and argues that properly ...


Abolish The Inflation Tax On The Poor And Middle Class, John Plecnik Jan 2011

Abolish The Inflation Tax On The Poor And Middle Class, John Plecnik

Law Faculty Articles and Essays

Inflation erodes the purchasing power of money and distorts some income tax liabilities upward, which in turn discourages savings and investment. When inflation is caused by the central bank “printing” money to fund deficit spending, it results in a transfer of real wealth from the holders of dollars or assets denominated in dollars to the government and, in normative terms, may be conceptualized as a tax. The effect of the so-called inflation tax is regressive, because low-income taxpayers often lack the sophistication or liquidity to invest in hedges against inflation. Following the double-digit inflation of the late 1970s and early ...


Why Copperweld Was Actually Kind Of Dumb: Sound, Fury, And The Once And Still Missing Antitrust Theory Of The Firm?, Chris Sagers Jan 2011

Why Copperweld Was Actually Kind Of Dumb: Sound, Fury, And The Once And Still Missing Antitrust Theory Of The Firm?, Chris Sagers

Law Faculty Articles and Essays

Since even before Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752 (1984), it has been thought that antitrust needs some "theory of the firm" to inform its application of a "single-entity" defense in Sherman Act section 1 litigation. Not only is that sense mistaken, it is emblematic of the deep misdirection of contemporary antitrust. It shows just how far antitrust has forgotten that it is a law, a practical tool to implement policy choices made through our system of government. Much too much of the time, it seems to fancy itself rather an abstract policy seminar to be ...


Demosprudence In Comparative Perspective, Brian E. Ray Jan 2011

Demosprudence In Comparative Perspective, Brian E. Ray

Law Faculty Articles and Essays

This article critically examines the debate over demosprudence. It adopts a comparative - specifically South African - perspective to consider what it means for a court to act demosprudentially and why the practice may have particular value in developing democracies like South Africa. Guinier connects demosprudence to the broader concept of democratic constitutionalism developed by Reva Siegel and Robert Post. Democratic constitutionalism in turn is part of what Jack Balkin describes as "a renaissance of liberal constitutional thought that has emerged in the last five years." This renaissance is characterized by three major themes: constitutional fidelity, democratic constitutionalism, and redemptive constitutionalism. All ...


Interrogation And The Roberts Court, Jonathan Witmer-Rich Jan 2011

Interrogation And The Roberts Court, Jonathan Witmer-Rich

Law Faculty Articles and Essays

Through 2010, the Roberts Court decided five cases involving the rules for police interrogation under the Fifth and Sixth Amendments: Kansas v. Ventris; Montejo v. Louisiana; Florida v. Powell; Maryland v. Shatzer; and Berghuis v. Thompkins. This Article argues that these decisions show the Roberts Court reshaping constitutional interrogation rules according to a new (as-yet unarticulated) principle: “fair play” in interrogations. The Warren Court believed that suspects in police interrogation were vulnerable to inherent compelling pressures; the Court correspondingly created procedural interrogation rules under the Fifth and Sixth Amendments (Miranda and Massiah) to protect suspects. The Roberts Court does not ...


It's Good To Be Autonomous: Prospective Consent, Retrospective Consent, And The Foundation Of Consent In The Criminal Law, Jonathan Witmer-Rich Jan 2011

It's Good To Be Autonomous: Prospective Consent, Retrospective Consent, And The Foundation Of Consent In The Criminal Law, Jonathan Witmer-Rich

Law Faculty Articles and Essays

What is the foundation of consent in the criminal law? Classically liberal commentators have offered at least three distinct theories. J.S. Mill contends we value consent because individuals are the best judges of their own interests. Joel Feinberg argues an individual’s consent matters because she has a right to autonomy based on her intrinsic sovereignty over her own life. Joseph Raz also focuses on autonomy, but argues that society values autonomy as a constituent element of individual well-being, which it is the state’s duty to promote.The criminal law’s approach to the problem of non-contemporaneous consent ...


Ppaca And Public Health: Creating A Framework To Focus On Prevention And Wellness And Improve The Public's Health, Gwendolyn R. Majette Jan 2011

Ppaca And Public Health: Creating A Framework To Focus On Prevention And Wellness And Improve The Public's Health, Gwendolyn R. Majette

Law Faculty Articles and Essays

On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (PPACA), a major piece of health care reform legislation.This comprehensive legislation includes provisions that focus on prevention, wellness, and public health. Some, including authors in this symposium, question whether Congress considered public health, prevention, and wellness issues as mere afterthoughts in the creation of PPACA. As this article amply demonstrates, they did not.This article documents the extent of congressional consideration on public health issues based on personal experience working on the framework for health care reform--specifically, my experience as a Fellow for a member ...


Simulations In Clinics, Contract Drafting, And Upper-Level Courses, Carole O. Heyward, David M. Epstein, Helen S. Scott, Daniel B. Bogart Jan 2011

Simulations In Clinics, Contract Drafting, And Upper-Level Courses, Carole O. Heyward, David M. Epstein, Helen S. Scott, Daniel B. Bogart

Law Faculty Articles and Essays

I teach in a transactional clinic called the Urban Development Law Clinic. In my Clinic, we represent non-profit tax-exempt organizations that engage in real estate, economic, and community development. Some of our clients include Greater Cleveland Habitat for Humanity and Karamu House, which is a theater and community arts center. We serve as general counsel for some clients and provide legal advice on an as needed basis for others. The Clinic provides legal advice on real estate matters, corporate governance, transactions, and tax issues. The complexity of matters that we handle ranges from drafting a code of regulations to representing ...


Taking Stare Decisis Seriously: A Cautionary Tale For A Progressive Supreme Court, James G. Wilson Jan 2011

Taking Stare Decisis Seriously: A Cautionary Tale For A Progressive Supreme Court, James G. Wilson

Law Faculty Articles and Essays

To better understand stare decisis and to normatively explore our constitutional future, this article assumes that President Obama's election signifies a constitutional shift similar to the one occurring after President Nixon won in 1968. From that contentious, self-righteous era to the present day, all American Presidents selected Supreme Court nominees who were more conservative than the members of the Warren Court majority, much less that aggressively liberal duo, Justices Brennan and Marshall. Justice Stevens, appointed by the moderate Republican President Gerald Ford, is arguably the most liberal member on the Court. It is impossible to predict how far the ...


Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley Jan 2011

Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley

Law Faculty Articles and Essays

The life blood of religious educational institutions is their doctrinal statements and codes of conduct that set standards for employee and student life. The purpose of this paper is to examine the freedom of religious educational institutions to make employment decisions related to three homosexuality related areas: sexual orientation, same-sex sexual activity outside marriage, and same-sex marriage. At the core of the discussion is the basic question whether religious educational institutions have a protected right to enforce doctrinal statements or codes of conduct addressing one or more of these areas.

This paper will examine legal issues related to the ability ...


Three Lies And A Truth: Adjudicating Maternity In Surrogacy Disputes, Browne C. Lewis Jan 2011

Three Lies And A Truth: Adjudicating Maternity In Surrogacy Disputes, Browne C. Lewis

Law Faculty Articles and Essays

Historically, courts were called on to answer the following question: What makes a man a legal father? Courts applied different presumptions to arrive at the answer. For example, if the case involved a married couple, the woman's husband was presumed to be the legal father.1 In situations involving an unmarried woman, the man who helped to conceive the child was the legal father. While paternity was being litigated, maternity was resolved-the woman who gave birth to the child was the child's legal mother. The phrase “momma's baby, papa's maybe” reflected society's attitude towards maternity ...


Public Access To Private Land For Walking: Environmental And Individual Responsibility As Rationale For Limiting The Right To Exclude, Heidi Gorovitz Robertson Jan 2011

Public Access To Private Land For Walking: Environmental And Individual Responsibility As Rationale For Limiting The Right To Exclude, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

Whether people have an independent right of access to walk on land they do not own is a question answered differently throughout the world, largely due to cultural, historical, and political variations amongst regions. In this decade, English citizens gained a legislated right to roam on privately owned land designated by the government for public access. The British government now designates land as access land by evaluating the nature of the land itself, not its ownership status. In Sweden, the right to roam on land owned by another has long been a deeply rooted cultural tradition, though not codified in ...


A Grotian Moment: Changes In The Legal Theory Of Statehood, Milena Sterio Jan 2011

A Grotian Moment: Changes In The Legal Theory Of Statehood, Milena Sterio

Law Faculty Articles and Essays

This article examines the Grotian Moment theory and its practical application toward the legal theory of statehood. To that effect, this article describes, in Part II, the notion of a Grotian Moment. In Part III, it examines the legal theory of statehood in its traditional form. Part IV describes changes in the legal theory of statehood brought about by the forces of globalization in a Grotian Moment manner. These changes include a new notion of state sovereignty and the accompanying right to intervention, the emergence of human and minority rights that sometimes affect state territorial integrity, the existence of de ...


Can Public Nuisance Law Protect Your Neighborhood From Big Banks?, Kermit J. Lind Jan 2011

Can Public Nuisance Law Protect Your Neighborhood From Big Banks?, Kermit J. Lind

Law Faculty Articles and Essays

This article considers how the law of public nuisance might be applied to protect neighborhoods from the destructive forces of the mortgage crisis. For more than thirty years I have been a close observer and a participant in community development at the neighborhood level in Cleveland, Ohio. I now supervise a law school clinical practice that provides legal counsel to an array of nonprofit community development corporations that, for more than thirty-five years, have been renewing housing and neighborhood sustainability in a city going through major social and economic change.


Standardization And Markets: Just Exactly Who Is The Government, And Why Should Antitrust Care?, Christopher L. Sagers Jan 2011

Standardization And Markets: Just Exactly Who Is The Government, And Why Should Antitrust Care?, Christopher L. Sagers

Law Faculty Articles and Essays

We take for granted that the basic choice in public policy is between allocation of resources by government bureaucracy, on the one hand, or allocation by markets, on the other. But that dichotomy is false, and at least under contemporary circumstances it is more accurate to describe the choice as between allocation by one kind of bureaucracy and allocation by a different kind of bureaucracy. This poses a problem for our antitrust policy, because it lacks any coherent guidance as to how to address those entities and transactions that are not governmental but are also not simply market-governed. This paper ...