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2011

Cleveland State University

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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 ...


2011 Vol.20, Cleveland-Marshall College Of Law Apr 2011

2011 Vol.20, Cleveland-Marshall College Of Law

Law Notes

No abstract provided.


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 ...


The Constitutional Status Of Speech About Oneself, R. George Wright Jan 2011

The Constitutional Status Of Speech About Oneself, R. George Wright

Cleveland State Law Review

We have accepted above the well-established idea that speech about oneself that is also intended to convey some sort of political idea or to address some matter of public concern can typically be distinguished from speech about oneself with no such further intent. On this basis, we have argued, contrary to recent contentions, that the latter sort of speech-speech that is "merely" about the self, or about one's merely personal or private concerns-should not generally qualify for any sort of elevated free speech protection. Fundamentally, this is because such speech does not systematically promote any of the consensually recognized ...


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.


The Mystery Of Life In The Laboratory Of Democracy: Personal Autonomy In State Law, Adam J. Macleod Jan 2011

The Mystery Of Life In The Laboratory Of Democracy: Personal Autonomy In State Law, Adam J. Macleod

Cleveland State Law Review

This article attempts to carve a path between the two sides in this autonomy war. It begins by bringing into dialogue with each other four of the most influential legal philosophers of our day: Joseph Raz, Ronald Dworkin, John Finnis, and Robert George. Each of these four scholars makes bold and instructive claims about the value and limits of personal autonomy. The article then examines several different areas of state law where one might expect a principle of autonomy to be implicated, and articulates six important lessons that one can glean from state law about the relationship between personal autonomy ...


Turnabout Is Fair Play: The U.S. Response To Mexico’S Request For Bank Account Information, Kevin Presian Jan 2011

Turnabout Is Fair Play: The U.S. Response To Mexico’S Request For Bank Account Information, Kevin Presian

The Global Business Law Review

This Note argues that the United States needs to come to a compromise with Mexico over Mexico’s request for information concerning interest paid by U.S. banks to residents of Mexico. The United States could ignore Mexico’s request, but that may create animosity between the two nations. Alternatively, the United States could fully comply with Mexico’s request; however, that may lead to strong opposition from the banking sector. It is in the best interest of the United States to model its compromise on the recent compromise between the United States and Switzerland. While there are issues with ...


Piercing The Corporate Veil In International Arbitration, Yaraslau Kryvoi Ph.D. Jan 2011

Piercing The Corporate Veil In International Arbitration, Yaraslau Kryvoi Ph.D.

The Global Business Law Review

This article examines the application of the piercing the corporate veil concept in international arbitration. Interpretation of this concept is inconsistent even within one domestic legal system, and it is even less predictable in international arbitration when several legal systems come into play. Piercing the corporate veil may help to give a concrete practical meaning to the purpose of an arbitration agreement or a bilateral investment treaty. However, there are downsides of such piercing because it negates many of the benefits which the corporate form offers. Domestic courts are likely not to recognize and enforce an arbitration award piercing the ...


Transnational Securities Fraud And The Extraterritorial Application Of U.S. Securities Laws: Challenges And Opportunities, Genevieve Beyea Jan 2011

Transnational Securities Fraud And The Extraterritorial Application Of U.S. Securities Laws: Challenges And Opportunities, Genevieve Beyea

The Global Business Law Review

With globalization, securities markets have become increasingly interconnected, and securities fraud has frequently crossed borders, creating problems for national regulators seeking to deter and punish fraud. The United States’ well-developed private enforcement mechanism for securities fraud is very attractive to investors around the world who are harmed by transnational securities fraud, particularly those from countries where private enforcement mechanisms do not exist or fraud is under-regulated. The application of U.S. securities law to foreign investors, however, presents a number of challenges, creating the potential for both under and overregulation as well as possible conflict with the regulatory systems of ...


Overview Of International Arbitration In The Intellectual Property Context, Kenneth R. Adamo Jan 2011

Overview Of International Arbitration In The Intellectual Property Context, Kenneth R. Adamo

The Global Business Law Review

Resolving intellectual property rights (“IPR”) issues through alternative dispute resolution (“ADR”) proceedings was a technique long-developing in many major countries. Despite the earlier presence of the Arbitration Act in United States law, the subject of use of arbitration in IPR situations, especially regarding U.S. patents, remained an open and contested issue, until the original addition of 35 U.S.C. § 294 to the U.S. Patent Act in 1982. U.S. law is now resolved in the availability of IPR arbitration as an ADR tool, either through a “pre-problem” contract, such as a license, or as a “post-problem” mechanism ...


Jurisdiction Issues In International Arbitration, Mitchell L. Lathrop Jan 2011

Jurisdiction Issues In International Arbitration, Mitchell L. Lathrop

The Global Business Law Review

Arbitration, and particularly international arbitration, involves jurisdictional issues beyond those normally encountered in traditional judicial proceedings. This article will describe prominent jurisdictional issues in international arbitration based on recent pronouncements of judicial and arbitral authorities. From effecting notice of the arbitration proceedings to the improper composition of the arbitral authority, this article will discuss jurisdictional issues that can arise at any time during an arbitration proceeding, and how they can affect the enforcement of an award.


Freedom And Governance In U.S. Arbitration Law, Thomas E. Carbonneau Jan 2011

Freedom And Governance In U.S. Arbitration Law, Thomas E. Carbonneau

The Global Business Law Review

Professor Carbonneau will discuss the possible impact of recent United States Supreme Court decisions on international arbitration. The opinions he will refer to could indicate a reversal of the Court’s position on arbitration that would undermine arbitration’s prominence as a means of resolving international commercial disputes. He will then discuss the negative effects international commerce could experience as a consequence.


Internet Contracting And E-Commerce Disputes: International And U. S. Personal Jurisdiction , Anne Mccafferty Jan 2011

Internet Contracting And E-Commerce Disputes: International And U. S. Personal Jurisdiction , Anne Mccafferty

The Global Business Law Review

In cases involving international defendants, a variety of bases have been deemed appropriate for a U.S. court to assert personal jurisdiction, including nationality, domicile, “purposeful availment,” and a number of federal statutes. With the explosion of the Internet and the resulting expansion of international business transactions via the Web, courts have struggled to adapt traditional modes of adjudication consistent with established common, statutory and international law. Internet transactions—now known as e-commerce—involve the “practice of buying and selling goods and services through online consumer services on the Internet.” In a sphere of commerce apparently limitless in its reach ...


Is International Arbitration Becoming Too American?, George M. Von Mehrem, Alana C. Jochum Jan 2011

Is International Arbitration Becoming Too American?, George M. Von Mehrem, Alana C. Jochum

The Global Business Law Review

This article will discuss the emerging trend of Americanization of international arbitration. As American companies and law firms become more involved in international arbitration, the process has developed to include some of the procedural techniques common to the American courtroom. But other aspects of American litigation are not part of the process. Has this made international arbitration a more effective means of resolving disputes? What should American companies and their lawyers know about the process in order to participate successfully?


The Inappropriate Imposition Of Court-Ordered Mediation In Will Contests , Victoria J. Haneman Jan 2011

The Inappropriate Imposition Of Court-Ordered Mediation In Will Contests , Victoria J. Haneman

Cleveland State Law Review

Mediation settlements that are shaped or driven by non-legal considerations are not problematic, unless and until the process of mediation is designed and imposed upon the parties through state action (namely, the judicial system). Because the approach taken in mediation ineradicably strains against the legal rules applied by the courts adjudicating those same cases, a legitimate question arises as to whether or not instituting court-ordered mediation programs that mandate mediation in will contest cases is appropriate. The contention of this Article is not that mediation is inappropriately used by the parties to a will contest case, but instead that court-ordered ...


The Skeleton Key: Will The Federal Health Care Reform Legislation Unlock The Solutions To Diverse Dilemmas Arising From The State Health Care Reform Laboratories , Christopher R. Smith Jan 2011

The Skeleton Key: Will The Federal Health Care Reform Legislation Unlock The Solutions To Diverse Dilemmas Arising From The State Health Care Reform Laboratories , Christopher R. Smith

Journal of Law and Health

Given that the Reform Law is not operating on a blank slate, this article examines its impact on the health care reform efforts of three states: Hawaii, Maine, and Vermont. More specifically, this article examines each state’s health care reform plan, the outcomes of each plan in terms of achieving universal coverage or near universal coverage, and the likely impact of the federal health care reform legislation on these plans, with a particular focus on how the federal legislation and state laws will or will not work together to achieve near-universal coverage. The article aims to determine whether the ...


Nursing The Primary Care Shortage Back To Health: How Expanding Nurse Practitioner Autonomy Can Safely And Economically Meet The Growing Demand For Basic Health Care , Michael B. Zand Jan 2011

Nursing The Primary Care Shortage Back To Health: How Expanding Nurse Practitioner Autonomy Can Safely And Economically Meet The Growing Demand For Basic Health Care , Michael B. Zand

Journal of Law and Health

This article first discusses the history and educational requirements of the Nurse Practitioner profession. It then discusses the policy reasons why Nurse Practitioners should, and do, play an important role in the country's health care delivery system. The core of the article deals with the legal issues surrounding the NP's scope of practice including the need for collaborative agreements with physicians, authority to prescribe drugs, and identification. Finally the article discusses how NPs fit into the health insurance scheme and their liability for malpractice.


Post-Traumatic Stress Disorder In The Military: The Need For Legislative Improvement Of Mental Health Care For Veterans Of Operation Iraqi Freedom And Operation Enduring Freedom, Madeline Mcgrane Jan 2011

Post-Traumatic Stress Disorder In The Military: The Need For Legislative Improvement Of Mental Health Care For Veterans Of Operation Iraqi Freedom And Operation Enduring Freedom, Madeline Mcgrane

Journal of Law and Health

This Note argues that legislation requiring improved mental health treatment for veterans of OIF (Operation Iraqi Freedom) and OEF (Operation Enduring Freedom) is necessary to protect American service members from the dangers of mental illness. In order to prevent crimes and suicides committed by veterans of OIF and OEF as a result of undiagnosed PTSD (post-traumatic stress disorder), the United States Congress should enact legislation imposing requirements on all branches of the military that: 1) mandates screening of all veterans at risk for PTSD upon their return from deployment; 2) ensures veterans are provided with adequate and timely mental healthcare ...


Political Factors And Enforcement Of The Nursing Home Regulatory Regime, Philip C. Aka, Lucinda M. Deason, Augustine Hammond Jan 2011

Political Factors And Enforcement Of The Nursing Home Regulatory Regime, Philip C. Aka, Lucinda M. Deason, Augustine Hammond

Journal of Law and Health

This study analyzes the influence of political factors, oversight, and nursing home affiliation or ownership status on the enforcement of the nursing home regulatory regime, signified by the Nursing Home Reform Act ("NHRA") and its progeny. Specifically speaking, it measures, using the statistical technique of regression analysis, factors that account for variations across states in the number of deficiencies (or violations of quality standards) cited by nursing home inspectors across the states. This work is a first of its kind, an analysis not government-related, by a set of public administration scholars that systematically studies the influence of political forces on ...


Ohio's Aggressive Attack On Medical Identity Theft, Stanley C. Ball Jan 2011

Ohio's Aggressive Attack On Medical Identity Theft, Stanley C. Ball

Journal of Law and Health

This note explains the severity of medical identity theft and the state and federal legislative reactions to the problem. Specifically, the note discusses data breach notification statutes that require healthcare providers to notify consumers when the systems holding customer personal information are breached. The note concludes that Ohio’s data breach notification statute, which does not expressly cover healthcare providers, should be amended to protect residents from medical identity theft and provide redress when healthcare providers violate state law.


Food-Borne Ultimatum: Proposing Federal Legislation To Create Humane Living Conditions For Animals Raised For Food In Order To Improve Human Health, The, Lynn M. Boris Jan 2011

Food-Borne Ultimatum: Proposing Federal Legislation To Create Humane Living Conditions For Animals Raised For Food In Order To Improve Human Health, The, Lynn M. Boris

Journal of Law and Health

In order to reduce the large number of human health risks associated with reckless farming practices, Congress must enact federal legislation that requires humane living conditions for farm animals and declares a moratorium on the routine use of unnecessary antibiotics. Part II of this Note will briefly review traditional farming and animal husbandry practices and examine the shift to the modern practices used by producers of animal products today. Part II will also present several farming practices utilized today that are particularly dangerous to human health. Part III of this Note will explore the immense human suffering that is occurring ...


Capital Punishment, Psychiatrists And The Potential Bottleneck Of Competence , Jacob M. Appel Jan 2011

Capital Punishment, Psychiatrists And The Potential Bottleneck Of Competence , Jacob M. Appel

Journal of Law and Health

The purpose of this paper is to merge two largely separate bodies of writing on the subject of psychiatric participation in capital punishment. Much has already been written from the perspective of legal academics regarding the rights of prisoners to be free from unwanted medical care if the purpose of providing such care is to render them fit for execution. Medical ethicists have also written much on the degree to which physicians, and specifically psychiatrists, may participate in facilitating the death penalty before they become so complicit as to violate accepted standards of professional ethics. Surprisingly, these two fields of ...


Off The Roads & Out Of The Courts: Enter A Technology Fix For Drunk Driving, Nora J. Pasman-Green Jan 2011

Off The Roads & Out Of The Courts: Enter A Technology Fix For Drunk Driving, Nora J. Pasman-Green

Journal of Law and Health

For years, scholars, scientists, policymakers, and public advocacy groups have been exploring and debating whether AIIDs (alcohol ignition interlock devices) would effectively prevent someone from driving drunk. AIIDs measure blood alcohol content (BAC), which is the underlying scientific evidence of driving impairment. Indeed, the technology supporting AIIDs has steadily improved. Progress toward a consensus that identifies and ranks the potential goals that can be achieved with the AIID technology is slowly crystallizing. AIIDs have their found into way into legislation, both nationally and internationally, particularly legislation aimed at repeat offenders. And, installing AIIDs as standard equipment on vehicles has, indeed ...