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2001

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Articles 6841 - 6870 of 9191

Full-Text Articles in Law

Steps Forward And Steps Back: Uneven Progress In The Law Of Social Group And Gender-Based Claims In The United States, Karen Musalo, Stephen Knight Jan 2001

Steps Forward And Steps Back: Uneven Progress In The Law Of Social Group And Gender-Based Claims In The United States, Karen Musalo, Stephen Knight

Faculty Scholarship

No abstract provided.

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Making The Grade: A Modest Extension Of Bush V. Gore, Roger C. Park Jan 2001

Making The Grade: A Modest Extension Of Bush V. Gore, Roger C. Park

Faculty Scholarship

No abstract provided.

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Grand Perspectives On Evidence Law, Roger C. Park Jan 2001

Grand Perspectives On Evidence Law, Roger C. Park

Faculty Scholarship

No abstract provided.

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Memorial: Veronica Maclay (1948-2000), Jenni Parrish Jan 2001

Memorial: Veronica Maclay (1948-2000), Jenni Parrish

Faculty Scholarship

No abstract provided.

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How Can An Association Of Law Schools Promote Quality Legal Education?, H.G. Prince Jan 2001

How Can An Association Of Law Schools Promote Quality Legal Education?, H.G. Prince

Faculty Scholarship

No abstract provided.

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¿Cómo Puede Una Asociación De Escuelas De Derecho Promover La Enseñanza Legal De Calidad?, H.G. Prince Jan 2001

¿Cómo Puede Una Asociación De Escuelas De Derecho Promover La Enseñanza Legal De Calidad?, H.G. Prince

Faculty Scholarship

No abstract provided.

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Beyond Personhood And Autonomy: Moral Theory And The Premises Of Privacy, Aaron J. Rappaport Jan 2001

Beyond Personhood And Autonomy: Moral Theory And The Premises Of Privacy, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

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Recent Case: United States V. Hayes, 227 F.3d 578 (6th Cir. 2000), Emily Gold Waldman Jan 2001

Recent Case: United States V. Hayes, 227 F.3d 578 (6th Cir. 2000), Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

In 1996, the Supreme Court recognized the existence of a federal psychotherapist-patient privilege in Jaffee v. Redmond. The Court did not explain, however, how this evidentiary privilege should coexist with a psychotherapist's so-called Tarasoff duty to breach confidentiality when necessary to protect third parties against whom a patient has articulated serious threats. Jaffee included a footnote indicating that the privilege was not intended to invalidate this duty, but left unclear whether the privilege continues once disclosure of the patient's threats has breached confidentiality. Indeed, the two circuits that have considered this issue since Jaffee have adopted divergent approaches. The Tenth …

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The Supreme Court 2000 Term--Leading Cases, Good News Club V. Milford Central School, 121 S. Ct. 2093 (2001), Emily Gold Waldman Jan 2001

The Supreme Court 2000 Term--Leading Cases, Good News Club V. Milford Central School, 121 S. Ct. 2093 (2001), Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

After the Supreme Court held in Widmar v. Vincent that state universities could not constitutionally deny religious groups access to facilities generally available to student groups, a number of school districts authored access policies that were designed to create “limited public forums.” These policies delineated the categories of activities for which school property could be used, and indicated that religious activities were not among them. In Lamb's Chapel v. Center Moriches Union Free School District, however, the Supreme Court struck a blow to the notion that school districts could employ the limited public forum approach to exclude religious activities from …

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Compelled Medical Treatment Of Pregnant Women: The Balancing Of Maternal And Fetal Rights , Pamala Harris Jan 2001

Compelled Medical Treatment Of Pregnant Women: The Balancing Of Maternal And Fetal Rights , Pamala Harris

Cleveland State Law Review

This note explores the question: is it ever permissible for a physician or a judge to compel a pregnant woman to submit to medical treatment for the benefit of her fetus? This note begins by examining the ideology of motherhood and the legal status of the fetus. This note then examines the ethical aspects and legal issues involved in compelling a pregnant woman to undergo treatment for the benefit of her fetus. This note then explores the controls of pregnancy that result in maternal-fetal conflicts. Finally, this note examines the court's use of a balancing test in reaching decisions in …

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Bankruptcy Reform: An Orderly Development Of Public Policy , William T. Bodoh, Lawrence P. Dempsey Jan 2001

Bankruptcy Reform: An Orderly Development Of Public Policy , William T. Bodoh, Lawrence P. Dempsey

Cleveland State Law Review

In legislating the pending bankruptcy "reform," Congress has made many of the key decisions behind closed doors. In fact, the process has been characterized as a congressional effort to pass a "stealth bankruptcy bill." This secrecy brings into question the democratic nature of congressional deliberation. When the Framers designed the legislative branch, open debate was envisioned as the rule, not the exception. Unfortunately, Congress has adopted a secretive, approach to pushing through recent bankruptcy legislation. In a sharp departure from the decades-long congressional approach to bankruptcy legislation, "Congress stopped seeking expert advice and instead turned to special interest lobbyists…” Thus, …

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Personal Reflections On The Reliability Of Jury Verdicts, Sam Reese Sheppard Jan 2001

Personal Reflections On The Reliability Of Jury Verdicts, Sam Reese Sheppard

Cleveland State Law Review

The symposium presentation given by Dr. Sheppard’s son discussed the impact of the trial on his entire family, as well as the idea of a failed trial. He went through the different juries encountered by his father. He also listed his hopes for the symposium: “What would I hope to come out of a conference like this? First, selfishly, I would hope that it would help us with our new legal endeavor. Second, I hope that we can contribute to serious legal work that deals on realistic and dignified grounds on the problem, both federally and statewide, of wrongful incarceration. …

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Open Courts: How Cameras In Courts Help Keep The System Honest, Clara Tuma Jan 2001

Open Courts: How Cameras In Courts Help Keep The System Honest, Clara Tuma

Cleveland State Law Review

Why is it important to televise coverage in trials? The basic answer is that our judicial system needs to be as open as possible. There is a reason we do not hold trials in private and a reason we open the courtroom doors and invite in the world. The reason is that justice shines brightest in the sunshine. In today's busy world only a few people can actually attend court proceedings. With so many people relying on television as their primary resource of information, televised coverage of trials exposes greater numbers o f citizens to our justice system. A camera …

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Scientific Evidence In The Sam Sheppard Case , Paul C. Giannelli Jan 2001

Scientific Evidence In The Sam Sheppard Case , Paul C. Giannelli

Cleveland State Law Review

My panel is discussing reliable jury verdicts, and my topic is "scientific" evidence. One way to approach this issue is to compare scientific evidence with other methods of proof. The trial lawyers that I worked with viewed cases as falling primarily into one of three categories: eyewitness cases, confession cases, and "scientific" evidence cases. In this scheme, anything that was not an eyewitness, confession, or snitch case was a "scientific evidence" case. These categories, of course, are neither exhaustive nor mutually exclusive; often two and sometimes all three are involved. Nevertheless, these categories are helpful because they present trial attorneys …

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Maintaining The Status Quo: Electricity Utility Deregulation Difficulties In Ohio , Todd A. Snitchler Jan 2001

Maintaining The Status Quo: Electricity Utility Deregulation Difficulties In Ohio , Todd A. Snitchler

Cleveland State Law Review

In this Article, I seek to review the state of affairs under the Ohio deregulation plan by identifying first the present circumstances in the Ohio electricity utility marketplace and second options that other states, which have not yet deregulated, should consider in developing their plans. In Part I, I examine the current state of electricity utilities in Ohio and the pressures on the legislature that led to calls for deregulation. In Part II, I briefly consider the existing regulatory framework on the state and federal levels. In Part III, I analyze the Ohio deregulation plan with a focus on whether …

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With God All Things Are Possible, Including Finding Ohio's State Motto Constitutional Under The Establishment Clause Of The First Amendment, Christopher Pierre Jan 2001

With God All Things Are Possible, Including Finding Ohio's State Motto Constitutional Under The Establishment Clause Of The First Amendment, Christopher Pierre

Cleveland State Law Review

The current battle over Ohio's state motto, "With God All Things Are Possible," has brought the debate over the meaning and application of the Establishment Clause to the Sixth Circuit and sparked deep feelings on both sides of the issue. Establishment Clause of the First Amendment. This brief survey will reveal the continuing disagreements over the interpretation and application of the Establishment Clause while showing that history supports generalized references to God by the federal and state government. Part III will introduce the background and procedural history of the current case American Civil Liberties Union of Ohio v. Capitol Square …

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Direct Environmental Standing For Chartered Conservation Corporations, Karl S. Coplan Jan 2001

Direct Environmental Standing For Chartered Conservation Corporations, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

This article suggests that, as an antidote to the ever-tightening restrictions on individual environmental standing, a state may charter a not-for-profit corporation organized to protect a particular environmental resource, giving the corporation a non-exclusive portion of the State's interest in enforcing applicable environmental protections. The dichotomy between not-for-profit organizations that may litigate only as the representative of individual members' interests, and business corporations that assert their own direct economic interests, may seem natural to our late-twentieth-century sensibility, but is not founded in original intent. The framers of Article III, which grants jurisdiction over “cases and controversies” to the federal courts, …

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The Politics Of Judicial Reform In Japan: The Rule Of Law At Last?, Setsuo Miyazawa Jan 2001

The Politics Of Judicial Reform In Japan: The Rule Of Law At Last?, Setsuo Miyazawa

Faculty Scholarship

The purpose of this paper is to discuss the most recent changes in Japan's political environment that could radically alter its judicial system and legal profession in the near future. Reform of the judicial system and legal profession has now been placed on the national agenda, and the cast of players involved has spread from the traditional groups of legal professionals (judges, prosecutors, and attorneys) to the major actors of the larger political process, namely the Liberal Democratic Party (Jiya Minshu T6) ("LDP"), the ruling conservative party, and the Federation of Economic Organizations (Keidanren), one of the most influential organizations …

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Rulemaking's Promise: Administrative Law And Legal Culture In The 1960s And 1970s, Reuel E. Schiller Jan 2001

Rulemaking's Promise: Administrative Law And Legal Culture In The 1960s And 1970s, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

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The Requirement Of Full-Time Faculty In American Legal Education: Responsibilities And Expectations, Mary Kay Kane Jan 2001

The Requirement Of Full-Time Faculty In American Legal Education: Responsibilities And Expectations, Mary Kay Kane

Faculty Scholarship

No abstract provided.

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Second Circuit 2000-2001 Personal Jurisdiction Developments, Jay C. Carlisle Jan 2001

Second Circuit 2000-2001 Personal Jurisdiction Developments, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

This Survey Article will review some of the district and circuit courts' significant decisions, and comment on future trends for application of the law of personal jurisdiction in the Second Circuit. The Article concludes with a recommendation that district court judges should not grant or deny personal jurisdiction defenses until at least limited jurisdictional discovery has been granted and is completed.

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Criminal Prosecution For Hmo Treatment Denial, John A. Humbach Jan 2001

Criminal Prosecution For Hmo Treatment Denial, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

This article will first provide a brief examination of the economic pressures that market forces bring to bear on HMOs and their decision-making personnel. The objective is to show how the natural effect of normal market forces is to exert a constant pressure towards treatment delays and denials, particularly in the cases of elderly and chronically ill patients. Part III will provide an overview of the existing criminal law as it applies to situations in which death results because someone has violated a legal duty to provide medical treatment. In Part IV, the question of the requisite mental culpability will …

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Child Witnesses And Procedural Fairness, Bennett L. Gershman Jan 2001

Child Witnesses And Procedural Fairness, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Professor Gershman's Article notes that courts and lawmakers have changed procedural and evidentiary rules to protect child witnesses in child sexual abuse cases. Gershman discusses how courts apply the changed rules with careful scrutiny in an effort to ensure that the interests of the child witness and the accused defendant are appropriately balanced.

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The Prosecutor's Duty To Truth, Bennett L. Gershman Jan 2001

The Prosecutor's Duty To Truth, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Article discusses the prosecutor's duty to refrain from conduct that impedes the search for truth. A prosecutor may impede the truth-finding process in several ways: (1) distorting the truth by attacking the defendant's character, misleading and misrepresenting facts, and engaging in inflammatory conduct; (2) subverting the truth by making false statements and presenting false evidence; (3) suppressing the truth by failing to disclose potentially truth-enhancing evidence or obstructing defense access to potentially truth-enhancing evidence; and (4) other truth-disserving conduct that exploits defense counsel's misconduct and mistakes and prevents introduction of potentially truth-serving defenses. Part I also …

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The South Won't Rise Again But It's Time To Study The Defunct Confederacy's Constitution, Ralph Michael Stein Jan 2001

The South Won't Rise Again But It's Time To Study The Defunct Confederacy's Constitution, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

The premise of this essay is not to espouse that the Southern ideological and constitutional theorists were correct. I propose, however, that an understanding of the historical basis of constitutional law, and a recognition of evolving doctrinal issues of Federalism, will enhance law school curriculum. Presentation of these topics dictates the introduction of the Confederate Constitution into the curriculum of required courses and electives. This effort, I propose, would be a prudent step, to be amply repaid in terms of higher understanding and scholarly benefit.

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Regulating The Administration Of Mood-Altering Drugs To Juveniles: Are We Legally Drugging Our Children?, Leticia M. Diaz Jan 2001

Regulating The Administration Of Mood-Altering Drugs To Juveniles: Are We Legally Drugging Our Children?, Leticia M. Diaz

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

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Due Process - Any Factor That Increases The Penalty For A Crime Beyond The Statutory Prescribed Maximum Must Be Submitted To A Jury Beyond A Reasonable Doubt - Apprendi V. New Jersey, 120 S.Ct. 2348 (2000)., Cherylyn Waibel Jan 2001

Due Process - Any Factor That Increases The Penalty For A Crime Beyond The Statutory Prescribed Maximum Must Be Submitted To A Jury Beyond A Reasonable Doubt - Apprendi V. New Jersey, 120 S.Ct. 2348 (2000)., Cherylyn Waibel

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

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Seton Hall Legislative Bureau - Vol. 25, No. 1 2001 Jan 2001

Seton Hall Legislative Bureau - Vol. 25, No. 1 2001

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

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Bringing Hope To New Jersey Undergraduates: The Georgia Scholarship In The Garden State, Robert H. Benacchio Jan 2001

Bringing Hope To New Jersey Undergraduates: The Georgia Scholarship In The Garden State, Robert H. Benacchio

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

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Don't Train Your Employees And Cancel Your 1-800 Harassment Hotline: An Empirical Examination And Correction Of The Flaws In The Affirmative Defense To Sexual Harassment Charges, David Sherwyn, Michael Heise, Zev J. Eigen Jan 2001

Don't Train Your Employees And Cancel Your 1-800 Harassment Hotline: An Empirical Examination And Correction Of The Flaws In The Affirmative Defense To Sexual Harassment Charges, David Sherwyn, Michael Heise, Zev J. Eigen

Fordham Law Review

No abstract provided.

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