Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1991

Cleveland State University

Discipline
Keyword
Publication
Publication Type

Articles 1 - 30 of 51

Full-Text Articles in Law

1991 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library Oct 1991

1991 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


Felony Murder And Capital Punishment: An Examination Of The Deterrence Question, Ruth Peterson, William C. Bailey Aug 1991

Felony Murder And Capital Punishment: An Examination Of The Deterrence Question, Ruth Peterson, William C. Bailey

Sociology & Criminology Faculty Publications

A proper test of the deterrent effect of the death penalty must consider capital homicides. However, the criterion variable in most investigations has been total homicides—most of which bear no legal or theoretical relationship to capital punishment. To address this fundamental data problem, this investigation used Federal Bureau of Investigation data for 1976–1987 to examine the relationship between capital punishment and felony murder, the most common type of capital homicide. We conducted time series analyses of monthly felony murder rates, the frequency of executions, and the amount and type of television coverage of executions over the period. The ...


The Gamut: A Journal Of Ideas And Information, No. 33, Summer 1991, Cleveland State University Jul 1991

The Gamut: A Journal Of Ideas And Information, No. 33, Summer 1991, Cleveland State University

The Gamut Archives

CONTENTS OF ISSUE NO. 33, SUMMER, 1991

Louis T. Milic: Educational Catechism, 3

Ron Haybron: Once Upon an Island, 5

Shifting sands and a vanishing culture

Mary Grimm: Margaret Atwood in fiction, 22

The autobiography of our lives

Peter Baker: Rarae Aves, 28

Pen-and-ink drawings

Eleanor F. Trawick: New Directions in Music, 32

A young composer surveys concert music since 1950

Adam Starchild: An Inside View, 43

Four essays from a prison inmate critical of our justice system

Peggy S. Ratcheson: Eating the unthinkable, 50

An anthropologist looks at food preferences

Hannelore B. Rader: The Academic Library, 76

Costs and ...


"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon Jul 1991

"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon

Law Faculty Articles and Essays

The authors provide varying opinions on the Second Amendment.


Brief Amicus Curiae Of The Taxpayers Asset Project Of The Center For Study Of Responsive Law In Support Of Petitioners, Genetics Institute, Inc., Et. Al. V. Amgen Inc., 502 U.S. 856 (1991), Michael H. Davis Jan 1991

Brief Amicus Curiae Of The Taxpayers Asset Project Of The Center For Study Of Responsive Law In Support Of Petitioners, Genetics Institute, Inc., Et. Al. V. Amgen Inc., 502 U.S. 856 (1991), Michael H. Davis

Law Faculty Briefs and Court Documents

Although a patent appears to be a private right, that private right is only "secondary," as this Court has stated, to the public bargain of which it is but a part. The focus must always be whether the public has received full information about the nature of the invention so that future inventors may reuse and improve it. The decision below reflects a failure to recognize the patent's monopoly nature and as a result abandons the "best mode" rule forbidding the inventor form concealing the best way of replicating the invention. By turning the subjective test of "best mode ...


I Shot The Sheriff, But Only My Analyst Knows: Shrinking The Psychotherapist-Patient Privilege, Brian Domb Jan 1991

I Shot The Sheriff, But Only My Analyst Knows: Shrinking The Psychotherapist-Patient Privilege, Brian Domb

Journal of Law and Health

This Note will discuss the psychotherapist-patient privileges as it relates to past crimes and will use the Menendez facts to analyze different problems associated with the privilege. First, privileges law in general will be described with an emphasis on the public policy rationales supporting the specific privileges; ample space will then be devoted exclusively to the psychotherapist -patient privilege, especially the unique problems associated with having any exceptions which allow testimony of psychotherapeutic communications. The Note will then discuss the recognized exceptions to the psychotherapist privilege to see if a case can be made for an exception relating to past ...


The Bill Chill: Safe Harbors In The Medicare And Medicaid Fraud And Abuse Statutes, Pamela L. Gorski Jan 1991

The Bill Chill: Safe Harbors In The Medicare And Medicaid Fraud And Abuse Statutes, Pamela L. Gorski

Journal of Law and Health

This Note will determine whether the safe harbor regulations, intended to advise hospitals of permissible conduct, have instead created a chilling effect on the competitive market place. Have governmental regulations, in the form of safe harbors, failed to produce clear answers and guidance to hospitals? It would appear that instead of clarifying the issues, these new proposed safe harbor regulations have, in fact, prevented hospitals from offering patients and the federal government cost savings in the form of discounts and rebates.


The Unbearable Lightness Of Title Under The Uniform Commercial Code, William Tabac Jan 1991

The Unbearable Lightness Of Title Under The Uniform Commercial Code, William Tabac

Law Faculty Articles and Essays

This Article will offer the heresy that the transactions in goods that the Code regulates are still firmly grounded on ownership principles and that these principles must be reckoned with to fulfill the Code's design. It is therefore important first to identify the various property interests in goods that one can obtain under the Code and determine how the Code ties these interests to title.


Antitrust Damages For Consumer Welfare Loss, David C. Hjelmfelt, Channing D. Strother Jr. Jan 1991

Antitrust Damages For Consumer Welfare Loss, David C. Hjelmfelt, Channing D. Strother Jr.

Cleveland State Law Review

Section 4 of the Clayton Act provides that any person who is injured in his business or property by reason of anything forbidden in the antitrust laws "shall recover threefold the damages by him sustained." The current private enforcement model usually permits plaintiffs to recover damages based upon the excessive prices charged to consumers. However, economists see the real loss to society from an antitrust violation to be the consumer welfare loss which results from reduced output. The authors have been unable to locate any antitrust case which has permitted recovery of damages for this consumer welfare loss. Therefore, this ...


The Boarder Baby And Foster Care Crises In New York City: Problems Of Policy And Poverty, James S. Bowen, Madeline Morris, Jose M. Rivera Jan 1991

The Boarder Baby And Foster Care Crises In New York City: Problems Of Policy And Poverty, James S. Bowen, Madeline Morris, Jose M. Rivera

Journal of Law and Health

In this article, we will examine the conditions which have created the boarder baby epidemic and the attendant problem of lack of availability of foster care. We will briefly examine the social, cultural, psychological and political parameters which have determined the dynamics of this problem. Finally, we will review some earlier attempts toward the resolution of the problem and provide an overview evaluating the bona fides of those approaches. Our analysis will also draw upon relevant events which have occurred in other American cities that help us to understand this problem.


The Discovery Of Medical Records Maintained By Health Care Facilities: Inconsistent Law In Need Of Legislative Correction, Susan O. Scheutzow, Anthea R. Daniels Jan 1991

The Discovery Of Medical Records Maintained By Health Care Facilities: Inconsistent Law In Need Of Legislative Correction, Susan O. Scheutzow, Anthea R. Daniels

Journal of Law and Health

This article will review current law in Ohio regarding the protection of medical records maintained by Ohio health care facilities. The Ohio law of privileged communications between health care professionals and patients also will be traced to show how only communications between patients and their physicians, dentists, psychologists, and social workers are currently protected. Since similar public policy reasons may apply to the protection of communications between a wider range of health care professionals and their patients as those communications with physicians, dentists, psychologists, and social workers, this article will discuss why the public policy reasons supporting the initial adoption ...


Rights Within The Therapeutic Relationship, Patricia King Jan 1991

Rights Within The Therapeutic Relationship, Patricia King

Journal of Law and Health

My thesis is that the failure of these rights to be implemented in any meaningful way for persons with mental illness is the result of a narrow image of rights which emphasizes the individual, valuing autonomy independent of care, and sacrifices relationship and the connection to the community. By conceiving of rights in such a way, we strengthen the individual but do not address the reality of the context or relationship within which persons with mental illness will actualize these rights. This failure to recognize and account for the disequilibrium within therapeutic relationships and the necessity of caring within such ...


The Health And Welfare Of The Palestinians Under Israeli Occupation, Neal Atway Jan 1991

The Health And Welfare Of The Palestinians Under Israeli Occupation, Neal Atway

Journal of Law and Health

This note will attempt to give a brief background on how the West Bank and Gaza Strip became the "occupied territories", analyze the treatment of Palestinians under Israeli occupation, and interpret the international law that relates to those territories, specifically the Fourth Geneva Convention and the United Nations Resolutions which address the protection of the health and well-being of the Palestinians under Israeli occupation.


Workers' Compensation And Company Sponsored Events: The High Cost Of Employee Morale, Christine L. Sommer Jan 1991

Workers' Compensation And Company Sponsored Events: The High Cost Of Employee Morale, Christine L. Sommer

Cleveland State Law Review

This note explores an employer's potential liability when a worker is injured at a company sponsored event. Part two briefly outlines the history of workers' compensation law placing particular emphasis on the public policies that gave rise to implementation of the workers' compensation system. Part three analyzes workers' compensation statutes, examines the tests used to determine compensability and discusses the effect of exclusive remedy provisions on a worker's tort recovery. The last section discusses the methods used to determine whether injury sustained at a company sponsored event falls within workers' compensation statutes. It asks whether workers' compensation statutes ...


The Application And Misapplication Of Ohio Rule Of Civil Procedure 54(B), Diane S. Leung Jan 1991

The Application And Misapplication Of Ohio Rule Of Civil Procedure 54(B), Diane S. Leung

Cleveland State Law Review

The rules of civil procedure, seemingly straightforward, can be misinterpreted due to attorney inattentiveness. One rule which has suffered and still is suffering from misinterpretation and misapplication is Ohio Rule of Civil Procedure 54(B), judgment upon multiple claims or involving multiple parties, the subject of this note. The following discussion, an analysis of Rule 54(B), will attempt to accomplish several tasks. First, the note will briefly describe the history, nature, and purpose of the rule. Secondly, it will analyze the major aspects and requirements of Rule 54(B). The analysis will emphasize the facets of the rule which ...


Educational Malpractice: A Tort Is Born, Johnny C. Parker Jan 1991

Educational Malpractice: A Tort Is Born, Johnny C. Parker

Cleveland State Law Review

This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching ...


Educational Malpractice: A Tort En Ventre, Frank D. Aquila Jan 1991

Educational Malpractice: A Tort En Ventre, Frank D. Aquila

Cleveland State Law Review

This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New ...


The 1988 Revision Of 28 U.S.C. 1391(C): Corporate Venue Is Now Equivalent To In Personam Jurisdiction Effects On Civil Actions For Patent Infringement, Thomas W. Adams Jan 1991

The 1988 Revision Of 28 U.S.C. 1391(C): Corporate Venue Is Now Equivalent To In Personam Jurisdiction Effects On Civil Actions For Patent Infringement, Thomas W. Adams

Cleveland State Law Review

Venue in federal cases is controlled by the general venue statute unless there exists an applicable special venue statute that attaches to the particular cause of action under consideration. This note is concerned with the section of the general venue statute applicable to corporate defendants and its interaction with the special venue statute for civil actions in patent infringement cases ("patent venue statute"). As a first step in the discussion of venue, it is necessary to go back in history over 200 years. This note reviews the history of venue, both generally and in cases of patent infringement, the historical ...


Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re Jan 1991

Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re

Cleveland State Law Review

As a federal judge I fully appreciate the role of the judiciary in reviewing the actions of administrative agencies. Hence, I am pleased to discuss the concepts of due process, judicial review, and the rights of the individual. Since it cannot be questioned that public officers and administrative agencies vitally affect the lives and interests of all persons, it is important to know the legal controls and remedies that are available to assure that public officials act lawfully. This, of course, implies that all administrators and officers of government must act within the bounds of their delegated authority and comply ...


The Implementation Of Bankruptcy Code Section 707(B): The Law And The Reality, Wayne R. Wells, Janell M. Kurtz, Robert J. Calhoun Jan 1991

The Implementation Of Bankruptcy Code Section 707(B): The Law And The Reality, Wayne R. Wells, Janell M. Kurtz, Robert J. Calhoun

Cleveland State Law Review

The introduction of section 707(b) to the bankruptcy code has raised many difficult interpretational issues. This article focuses on those issues concerning the implementation of section 707(b). Under the law, only the courts and the U.S. Trustees are permitted to raise the issue of substantial abuse. Therefore, to determine how section 707(b) is actually being administered, a survey was distributed to the U.S. Bankruptcy Courts and the U.S. Trustees. The results of the survey are integrated into a discussion of the current status of the law and presented in this article. This analysis identifies ...


Unknown Effects Of Wood V. Shepard On Uninsured And Underinsured Motorist Coverage In Ohio, Gary D. Plunkett Jan 1991

Unknown Effects Of Wood V. Shepard On Uninsured And Underinsured Motorist Coverage In Ohio, Gary D. Plunkett

Cleveland State Law Review

The Ohio Supreme Court in Wood v. Shepard had occasion to interpret Ohio's wrongful death statute in conjunction with Ohio's uninsured and underinsured motorist statute (UUM). The court held that the wrongful death of an insured creates separate claims that are not subject to a single person limit of liability in the deceased insured's UUM coverage. Wood is a nebulous decision. It overcompensates the deceased insured's surviving family members and turns the deceased insured's UUM coverage into a bottomless well from which the surviving family members may draw compensation. The full effect of Wood is ...


Superfund Liability Alternatives For The Innocent Purchaser, David W. Marczely Jan 1991

Superfund Liability Alternatives For The Innocent Purchaser, David W. Marczely

Cleveland State Law Review

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) imposes liability for cleanup costs where there has been a release to the environment of a hazardous substance. Liability has been construed by the courts as strict, even though Congress rejected an explicit provision of strict liability. Moreover, CERCLA liability permits no defenses except those found in the Act. CERCLA provides an affirmative defense to liability actions where a third party has solely caused the release of the hazardous substance. Congress attempted to clarify the land contract issue as part of the Superfund Amendments and Reauthorization Act of 1986 ...


Prescription Drugs And The Duty To Warn: An Argument For Patient Package Inserts, Alan R. Styles Jan 1991

Prescription Drugs And The Duty To Warn: An Argument For Patient Package Inserts, Alan R. Styles

Cleveland State Law Review

It has been more than ten years since the Food and Drug Administration proposed regulations which would have required detailed patient information for all prescription drugs. The proposed regulations, intended to promote the safe and effective use of prescription drugs, would have required a manufacturer to supply non-technical, non-promotional information, referred to as patient package inserts, directly to the patient. This note will analyze the need for patient information in satisfying the tort objectives of informed consent and public safety. The note will then analyze the practical effect of the learned intermediary and informed consent doctrines upon the manufacturer's ...


The Matrix Of The Common Law, George L. Haskins Jan 1991

The Matrix Of The Common Law, George L. Haskins

Cleveland State Law Review

Great men have admonished us never to forget the continuing relevance of history in the Anglo-American legal system. We are cautioned to remember that the highly individualistic character of much of our law is explained by its Germanic rather than its Roman roots and, further, that the Anglo-American system has built upon countervailing concepts of relationships which are feudal in origin, and to which rights and duties attach without regard to the will of individuals, which is the underlying principle of classical Roman law. Thus, in our law, powers, rights, and duties stem from relationships such as principal-agent, vendor-purchaser, landlord-tenant ...


The Indeterminate Defendant In Products Liability Litigation And A Suggested Approach For Ohio, Rebecca J. Greenberg Jan 1991

The Indeterminate Defendant In Products Liability Litigation And A Suggested Approach For Ohio, Rebecca J. Greenberg

Cleveland State Law Review

The problems created by mass marketing, unequal bargaining power, and hidden product hazards have necessitated major changes in products liability law during the past thirty years. Correspondingly, considerations of cost reduction, injury avoidance, and fair risk distribution are generally advanced as the policies behind the widespread acceptance gained by strict liability in the 1960's. A decade later, these considerations were applied to the problem of proof of causation faced by plaintiffs who could not identify the specific defendant who caused their injuries. A limited version of this problem had been considered earlier in the seminal case of Summers v ...


From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow Jan 1991

From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow

Cleveland State Law Review

The representation debates over casting "Miss Saigon" and law school faculties reflect the prevalence of contemporary assumptions about group differences. They reflect arguments made on behalf of historically excluded groups that group membership serves as a proxy for shared experiences and especially common experiences as victims of societal prejudice. Opponents, styled as defenders of neutrality, resist such arguments because they undermine the commitment to treating individuals as individuals. Maybe we can understand the debates better by seeing connections to deeper confusions about the concept of representation throughout our society, made especially vivid in legal and political contexts. If treated as ...


Educational Malpractice: A Tort Is Born, Johnny C. Parker Jan 1991

Educational Malpractice: A Tort Is Born, Johnny C. Parker

Cleveland State Law Review

This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching ...


Educational Malpractice: A Tort En Ventre, Frank D. Aquila Jan 1991

Educational Malpractice: A Tort En Ventre, Frank D. Aquila

Cleveland State Law Review

This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New ...


The 1988 Revision Of 28 U.S.C. 1391(C): Corporate Venue Is Now Equivalent To In Personam Jurisdiction Effects On Civil Actions For Patent Infringement, Thomas W. Adams Jan 1991

The 1988 Revision Of 28 U.S.C. 1391(C): Corporate Venue Is Now Equivalent To In Personam Jurisdiction Effects On Civil Actions For Patent Infringement, Thomas W. Adams

Cleveland State Law Review

Venue in federal cases is controlled by the general venue statute unless there exists an applicable special venue statute that attaches to the particular cause of action under consideration. This note is concerned with the section of the general venue statute applicable to corporate defendants and its interaction with the special venue statute for civil actions in patent infringement cases ("patent venue statute"). As a first step in the discussion of venue, it is necessary to go back in history over 200 years. This note reviews the history of venue, both generally and in cases of patent infringement, the historical ...


The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell Jan 1991

The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell

Cleveland State Law Review

The purpose of this article is to offer guidance to courts and attorneys faced with the issue of determining the point in time that the non-statutory labor exemption terminates in the context of NFL labor relations and to propose a system of free agency which might ease this conflict between the League and players. To that end, this article begins by exploring the history of player relations in the NFL, the development of the Union and the subsequent collective bargaining agreements between the Players Association and the League. This is followed by an in-depth analysis of Powell v. NFL and ...