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Articles 1 - 21 of 21
Full-Text Articles in Law
Punishing Women: The Promise And Perils Of Contextualized Sentencing For Aboriginal Women In Canada, Toni Williams
Punishing Women: The Promise And Perils Of Contextualized Sentencing For Aboriginal Women In Canada, Toni Williams
Cleveland State Law Review
This article examines the failure of Canadian sentencing reforms to remedy the over-incarceration of Aboriginal woman through exploration of a sentencing methodology that judges may employ to give effect to the reforms: the social contextualization of women's lawbreaking. Social context analysis developed as a critique of how the state controls and punishes women and as a way to expose failures of justice. More recently, commentators have suggested that the insertion of social context analysis into the sentencing process might allow courts to find new and more robust justifications for lowering the penalties they impose on women lawbreakers from marginalized communities. …
Transactional Law In The Required Legal Writing Curriculum: An Empirical Study Of The Forgotten Future Business Lawyer, Louis N. Schulze Jr.
Transactional Law In The Required Legal Writing Curriculum: An Empirical Study Of The Forgotten Future Business Lawyer, Louis N. Schulze Jr.
Cleveland State Law Review
This Article will examine whether the expansion of required LRW courses into the realm of transactional drafting is justifiable. Part II will assess the need for required transactional drafting instruction by showing, empirically, that many students lack a disposition towards litigation or have an affirmative inclination towards non-litigation work. This Part includes both a quantitative and qualitative analysis of the issue: It includes a survey of nearly one-thousand first-year law students nationwide and a set of questions and responses from a number of law students who self-identified as future transactional lawyers but who were members of traditional litigation-centric LRW courses. …
The Andrea Yates Case: Insanity On Trial, Phillip J. Resnick
The Andrea Yates Case: Insanity On Trial, Phillip J. Resnick
Cleveland State Law Review
On June 20, 2001, Andrea Yates drowned each of her five children in her bathtub. The nation struggled to understand how a loving mother could systematically kill her children in apparent cold blood. No crime evokes more intense feelings than a mother killing her own children. There was extraordinary media coverage of her trial in Houston, Texas in 2002. Her defense attorneys, George Parnham and Wendell Odom entered a defense of not guilty by reason of insanity (NGRI) to multiple counts of first degree murder with death penalty specifications. The 2002 trial jury verdict of guilty was overturned on appeal. …
Reason's Freedom And The Dialectic Of Ordered Liberty , Edward C. Lyons
Reason's Freedom And The Dialectic Of Ordered Liberty , Edward C. Lyons
Cleveland State Law Review
The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive …
Hedge Fund Regulation: The Amended Investment Advisers Act Does Not Protect Investors From The Problems Created By Hedge Funds, Sean M. Donahue
Hedge Fund Regulation: The Amended Investment Advisers Act Does Not Protect Investors From The Problems Created By Hedge Funds, Sean M. Donahue
Cleveland State Law Review
Hedge funds are a viable investment alternative for financially sophisticated investors. However, because traditional hedge funds and funds of funds are unsuitable for average investors, these investors should be restricted from making such investments. Regardless of who invests in hedge funds, advisers of these entities must be regulated to assure that they do not commit fraud. In addition to monitoring advisers, the SEC must limit hedge funds' use of leverage to assure that market collapse does not occur. Part II of this Note describes the history and development of hedge funds. Part III illustrates the current problems facing the hedge …
Driving Through The Dense Fog: Analysis Of And Proposed Changes To Ohio Tortious Interference Law, Eric P. Voigt
Driving Through The Dense Fog: Analysis Of And Proposed Changes To Ohio Tortious Interference Law, Eric P. Voigt
Cleveland State Law Review
This Article summarizes and analyzes each element of a claim for tortious interference with a contract or a business relationship under Ohio law. It argues that certain conduct should constitute tortious interference and that other conduct should not. Although my Article focuses on Ohio law, it has a national application. The Article argues that the law of tortious interference should be developed to further competition, to protect the contractual rights of parties, and to encourage freedom of action for the alleged interferer. This Article (1) discusses when businesses and competitors may lawfully interfere with the contracts or business relationships of …
Excuse Me, Sir; You're Sitting In A No Cell Phone Pornography Section, You'll Have To Put That Away: May The Fcc Regulate The Content Of Wireless Broadband Transmissions, H. William Beseth Iii
Excuse Me, Sir; You're Sitting In A No Cell Phone Pornography Section, You'll Have To Put That Away: May The Fcc Regulate The Content Of Wireless Broadband Transmissions, H. William Beseth Iii
Cleveland State Law Review
This Note will argue that the scope of the FCC's authority to regulate traditional broadcast content does not extend to the content transmitted to wireless devices via broadband transmission. Part II of this Note provides a study of the key cases that characterize the scope of the FCC's statutory authority to regulate traditional broadcast content. Additionally, Part II presents a discussion of the First Amendment and the limits it imposes on the FCC's regulation of broadcast content. Part III evaluates whether content transmitted by new technologies fits into the regulatory scope of the FCC's authority according to the tests set …
The Only Americans Legally Prohibited From Knowing Who Their Birth Parents Are: A Rejection Of Privacy Rights As A Bar To Adult Adoptees' Access To Original Birth And Adoption Records, Susan Whittaker Hughes
The Only Americans Legally Prohibited From Knowing Who Their Birth Parents Are: A Rejection Of Privacy Rights As A Bar To Adult Adoptees' Access To Original Birth And Adoption Records, Susan Whittaker Hughes
Cleveland State Law Review
Sadly, adult adoptees in America must confront the reality that, in most states, their right to access their original birth and adoption records is a very narrow right statutorily granted only to those who can show good cause. Part II of this paper will explore the reasons why adult adoptees search for information regarding their biological origins and the history of adult adoptees' access to original birth and adoption records. Part III will give a brief overview of the concept of constitutional privacy and discuss the several categories of privacy currently recognized in American law and the relationship between privacy …
Personal Insights And Experiences Regarding The Passage Of Title Ix , Birch Bayh
Personal Insights And Experiences Regarding The Passage Of Title Ix , Birch Bayh
Cleveland State Law Review
My purpose here today is to look at some of the legislative history of Title IX, and perhaps some of the details that never made it into the Congressional Record, and also to include my personal involvement in it. I do that with some fear and trepidation because it sounds like one is puffing himself up.It is fair to ask, “How can a kid who grew up on a corn and soybean farm, raising pigs and hogs and cattle and calves, chickens, how in the world could he ever get to be a United States Senator, let alone become involved …
Worth Fighting For: Thirty-Five Years Of Title Ix Advocacy In The Courts, Congress And The Federal Agencies, Marcia D. Greenberger, Neena K. Chaudhry
Worth Fighting For: Thirty-Five Years Of Title Ix Advocacy In The Courts, Congress And The Federal Agencies, Marcia D. Greenberger, Neena K. Chaudhry
Cleveland State Law Review
This article focuses on Title IX and women's continuing struggle to secure equal opportunity on the playing fields. But athletics is not unique. Indeed, the lessons of Title IX in athletics, its importance to women and girls, and how the law has been shaped over the years by advocacy in each branch of government, apply to all the fields of endeavor that still remain only partially available to the young women of this nation. Women and girls continue to lag behind in the STEM (science, technology, engineering and math) fields, remain clustered in “traditionally female” programs such as cosmetology that …
Too Long Neglected: Expanding Curricular Support For Public Interest Lawyering, Louis S. Rulli
Too Long Neglected: Expanding Curricular Support For Public Interest Lawyering, Louis S. Rulli
Cleveland State Law Review
In short, as the academy sends more students than ever to corporate law firms, law schools need to do more to cultivate, nourish, and prepare the next generation of public interest lawyers. By making public interest lawyering more prominent in the curriculum, and offering students greater opportunity to work with faculty and students of similar interest on public interest issues, the academy can take an important step forward toward helping students overcome feelings of isolation and survive the formidable obstacles that discourage public interest careers. This article describes one such course, Lawyering in the Public Interest, which is offered as …
Speeding Towards Disaster: How Cleveland's Traffic Cameras Violate The Ohio Constitution, Kevin P. Shannon
Speeding Towards Disaster: How Cleveland's Traffic Cameras Violate The Ohio Constitution, Kevin P. Shannon
Cleveland State Law Review
Part II of this paper describes the history and development of traffic cameras. It includes a discussion of how the two systems used by Cleveland (red-light and speeding cameras) operate. It also gives a general background of the relationship between cities and camera vendors. Part III provides the legal background of traffic cameras. It begins by examining the various arguments that have been leveled against cameras and then examines the litigation to date challenging traffic cameras. Next, this Note discusses the scholarly literature on the subject and explains how this argument situates itself in the debate. Part IV gives traffic …
Overcoming A Hostile Work Environment: Recognizing School District Liability For Student-On-Teacher Sexual Harassment Under Title Vii And Title Ix, Heather Shana Banchek
Overcoming A Hostile Work Environment: Recognizing School District Liability For Student-On-Teacher Sexual Harassment Under Title Vii And Title Ix, Heather Shana Banchek
Cleveland State Law Review
This Note urges all school districts to take proactive measures to end sexual harassment of teachers by students. Additionally, it urges state legislatures to pass legislation mandating school adoption of anti-harassment policies that include provisions prohibiting all forms of student-on-teacher harassment, including sexual harassment. Following this introduction, Part II of this Note provides a background on the current climate in the public schools in the United States, identifies the statutory protections available to victims of sexual harassment, and discusses the definitions of sexual harassment used by the Equal Employment Opportunity Commission (“EEOC”) and the courts. Part III examines relevant sexual …
Title Ix: How We Got It And What A Difference It Made, Bernice Resnick Sandler
Title Ix: How We Got It And What A Difference It Made, Bernice Resnick Sandler
Cleveland State Law Review
This article is a longer version of two speeches, one given at Women Rock: Title IX Academic and Legal Conference held at Cleveland State University on March 30, 2007 sponsored by McDonald Hopkins LLC, and one given in San Francisco at an Equal Rights Advocates fundraiser on June 8, 2007. In this article, the author takes the reader through her personal journey to reach Women's Equality in a world before Title IX. Through these experiences, she has become an integral part in the creation of Title IX legislation.
Equal Access To Post-Secondary Education: The Sisyphean Impact Of Flagging Test Scores Of Persons With Disabilities , Helia Garrido Hull
Equal Access To Post-Secondary Education: The Sisyphean Impact Of Flagging Test Scores Of Persons With Disabilities , Helia Garrido Hull
Cleveland State Law Review
In view of the social stigma associated with disabilities, and the inherent costs of providing accommodations to disabled students, the opportunity for bias within the admissions selection process is clear. As a result, the practice of flagging standardized tests has come under increasing scrutiny. The practice of distinguishing test takers having a disability from those who do not runs counter to the social policy of inclusion, and prevents disabled individuals from enjoying the benefits of equal citizenship. Part II of this paper provides a brief overview of the prejudice disabled individuals have endured throughout history, and discusses some early movements …
Legal Change, The Eighty-Third Cleveland-Marshall Fund Visiting Scholar Lecture , Gerald Torres
Legal Change, The Eighty-Third Cleveland-Marshall Fund Visiting Scholar Lecture , Gerald Torres
Cleveland State Law Review
This Essay will proceed in the following steps. First, I want to propose a preliminary definition of legal change. As I hope to make clear, there are technical and non-technical dimensions to the definition. Second, I want to offer a preliminary definition of social change and social movements. Third, I want to build on the analysis of the late Professor Thomas Stoddard in which he sketched out a relationship between what he calls "rule shifting" and "culture shifting."' Finally, I want to describe what Professor Lani Guinier and I have come to call "demosprudence." I appreciate that it is not …
Law As Symbol: Appearances In The Regulation Of Investment Advisers And Attorneys , Larry D. Barnett
Law As Symbol: Appearances In The Regulation Of Investment Advisers And Attorneys , Larry D. Barnett
Cleveland State Law Review
From a macrosociological perspective, law is an institution of society, is shaped by conditions in society, and facilitates social life by interalia producing symbols. Law accordingly adopts concepts and principles that focus on the appearance to society of certain phenomena and that are symbols when the phenomena are socially significant. To illustrate symbols in law, the article examines (i) the "hold oneself out" standard in defining an investment adviser under the federal Investment Advisers Act and (ii) the standard for ethical conduct that requires attorneys to avoid appearances of impropriety. If symbolic concepts and principles are tied to the properties …
Title Ix - Two For One: A Starter Kit Of The Law And A Snapshot Of Title Ix's Impact, Linda Jean Carpenter, R. Vivian Acosta
Title Ix - Two For One: A Starter Kit Of The Law And A Snapshot Of Title Ix's Impact, Linda Jean Carpenter, R. Vivian Acosta
Cleveland State Law Review
This article first examines the creation of Title IX legislation. Then the article argues that " Title IX has had a massive impact on America's sport programs. But the debate continues, and perhaps will always continue, as long as there is inadequate funding to make the achievement of equity easy; as long as powerful members of one sex view exclusive access to sport as their chromosomal birth right; as long as administrators favor one sport over providing the benefits of athletics participation to a broader proportion of the student body; as long as the cake is not cut evenly."
Public Sector Employee Bargaining: Contract Negotiations And Case Law, Andrew Douglas
Public Sector Employee Bargaining: Contract Negotiations And Case Law, Andrew Douglas
Cleveland State Law Review
Between 1973 and 1980, across Ohio there were 428 public employee labor actions. In the face of such labor unrest, coupled with changing times and changing attitudes, the lawmakers of Ohio began to recognize the desperate need of the state's public employees to be granted the right to bargain collectively with their employers. It is my hope that after reading this Article, based upon an academically defensible presentation, you will draw the conclusion that collective bargaining for employees in the public sector is a good thing and should be protected at all costs in and by the law.
Kelo V. City Of New London: A Reduction Of Property Rights But A Tool To Combat Urban Sprawl, Gregory V. Jolivette Jr.
Kelo V. City Of New London: A Reduction Of Property Rights But A Tool To Combat Urban Sprawl, Gregory V. Jolivette Jr.
Cleveland State Law Review
This Note will analyze the two opposing interests of property owners and of cities in the context of the Supreme Court's Public Use Clause jurisprudence and show that while the Court's decision in Kelo may have diminished property rights, the decision could render an overriding positive impact on combating urban sprawl. Part II defines urban sprawl and identifies some of its associated costs. Part III briefly describes Public Use Clause jurisprudence prior to the Supreme Court's ruling in Kelo. Part IV discusses the Court's opinion in Kelo and Justice Kennedy's concurrence. Part V examines the substantial criticism of Kelo and …
Title Ix As Pragmatic Feminism, Deborah L. Brake
Title Ix As Pragmatic Feminism, Deborah L. Brake
Cleveland State Law Review
This article examines Title IX as an example of a pragmatic approach to theory, and argues that pragmatic feminism is an approach that holds promise for feminists grappling with the complexity of gender oppression. Part II briefly examines pragmatism as an alternative to foundational theory and considers pragmatism's relationship to feminist legal theory. Part III explores the many forms and iterations of gender subordination in sports. Calls for a consistent, unifying theory of Title IX cannot account for the shifting nature and multiplicity of social and institutional practices that subordinate women in sports. These varied forms of subordination necessitate a …