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Full-Text Articles in Law

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 …

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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 …

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The Emerging Federal Class Actions Brand , John C. Massaro Jan 2011

The Emerging Federal Class Actions Brand , John C. Massaro

Cleveland State Law Review

Class actions raise a fundamental question about our judicial system. Is the purpose first and foremost to achieve a societally-desired level of law enforcement and deterrence, or is the primary goal to foster citizen participation in the resolution of private disputes? This Article provides the first extended analysis of this question in light of five recent Supreme Court decisions regarding class actions, the evolution of legislative initiatives in the area, and the docket activity in sixteen of the largest recent federal securities class actions. A single conclusion follows: we are witnessing the emergence of a new national “brand” of class …

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Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, Julie M. Spanbauer Jan 2011

Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, Julie M. Spanbauer

Cleveland State Law Review

The Supreme Court of Montana's, three-page opinion in Carroll v. Beardon is a treasure for those who teach first-year law students. Its deceptive simplicity is a lesson in close reading. It provides scholars and teachers endless opportunities to explore the cultural context within which courts operate and construct case narratives. Its humorous tone additionally belies a serious failure by the court to provide a fair and impartial resolution of the parties' dispute and to create useful precedent for future courts and litigants. The decision and its implications remain relevant and merit consideration by scholars exploring the intersection of contract and …

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"Brother, Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough And Improve Outcomes, David Allen Larson Jan 2011

"Brother, Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough And Improve Outcomes, David Allen Larson

Faculty Scholarship

Cost reduction is one of the desirable results frequently attributed to Alternative Dispute Resolution (ADR) processes. Although it is reasonable to assume that businesses always are interested in saving money, this goal takes on added importance when the economy is struggling. The cost savings inherent in ADR, which already are significant, can be increased substantially through the strategic adoption of technology. Although I generally do not urge caution when it comes to expanding the ways in which we use technology, we nonetheless must recognize not only technology’s potential benefits but also its possible pitfalls. It is relatively easy to identify …

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School Children And Parolees: Not So Special Anymore, Edwin Butterfoss Jan 2011

School Children And Parolees: Not So Special Anymore, Edwin Butterfoss

Faculty Scholarship

The Fourth Amendment special needs exception may be one of the Court’s most puzzling doctrines. Since its origin, the Court has struggled to define its limits and its place in the Court’s suspicionless search and seizure jurisprudence. At times the Court has suggested that the exception is the only route to upholding a search or seizure in the absence of individualized suspicion, while at other times it has stated that it is just one of a limited number of exceptions to the requirement of individualized suspicion. Historically, while the application of the special needs exception has been unpredictable, one thing …

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Legal Impediments To The Diffusion Of Telemedicine, Diane Hoffmann, Virginia Rowthorn Jan 2011

Legal Impediments To The Diffusion Of Telemedicine, Diane Hoffmann, Virginia Rowthorn

Journal of Health Care Law and Policy

No abstract provided.

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State-Based Licensure Of Telemedicine: The Need For Uniformity But Not A National Scheme, Carl F. Ameringer Jan 2011

State-Based Licensure Of Telemedicine: The Need For Uniformity But Not A National Scheme, Carl F. Ameringer

Journal of Health Care Law and Policy

No abstract provided.

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Physician Licensure And Telemedicine: Some Competitive Issues Raised By The Prospect Of Practising Globally While Regulating Locally, Daniel J. Gilman Jan 2011

Physician Licensure And Telemedicine: Some Competitive Issues Raised By The Prospect Of Practising Globally While Regulating Locally, Daniel J. Gilman

Journal of Health Care Law and Policy

No abstract provided.

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Improving Cancer Outcomes Through Strong Networks And Regulatory Frameworks: Lessons From The United States And The European Union, Louise G. Trubek, Thomas R. Oliver, Chih-Ming Liang, Matt Mokrohisky Jan 2011

Improving Cancer Outcomes Through Strong Networks And Regulatory Frameworks: Lessons From The United States And The European Union, Louise G. Trubek, Thomas R. Oliver, Chih-Ming Liang, Matt Mokrohisky

Journal of Health Care Law and Policy

No abstract provided.

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Altered Standards Of Care: Needed Reform For When The Next Disaster Strikes, Rebecca Mansbach Jan 2011

Altered Standards Of Care: Needed Reform For When The Next Disaster Strikes, Rebecca Mansbach

Journal of Health Care Law and Policy

No abstract provided.

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Adolescent Decision Making: Reduced Culpability In The Criminal Justice System And Recognition Of Capability In Other Legal Contexts, Samantha Schad Jan 2011

Adolescent Decision Making: Reduced Culpability In The Criminal Justice System And Recognition Of Capability In Other Legal Contexts, Samantha Schad

Journal of Health Care Law and Policy

No abstract provided.

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Biobanking Newborn Bloodspots For Genetic Research Without Consent, Sandra J. Carnahan Jan 2011

Biobanking Newborn Bloodspots For Genetic Research Without Consent, Sandra J. Carnahan

Journal of Health Care Law and Policy

No abstract provided.

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Lessons From U.S. Trade With China: How To Use The World Trade Organization To Promote Public Health In Trade Relations With India, Lindsey Mccurdy Jan 2011

Lessons From U.S. Trade With China: How To Use The World Trade Organization To Promote Public Health In Trade Relations With India, Lindsey Mccurdy

Journal of Health Care Law and Policy

No abstract provided.

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Peacekeepers: Will They Advance Any Prospective Arab-Israeli Peace Agreement?, Justus Reid Weiner, Avinoam Sharon, Michelle Morrison Jan 2011

Peacekeepers: Will They Advance Any Prospective Arab-Israeli Peace Agreement?, Justus Reid Weiner, Avinoam Sharon, Michelle Morrison

Fordham International Law Journal

The establishment of a peacekeeping force is widely accepted to be an essential part of any future Israeli-Palestinian peace accord. The final status settlement proposed by the Clinton Administration specified "[s]security arrangements that would be built around an international presence." However, while the need for a peacekeeping force appears to enjoy broad support, it should be noted that the "Road Map" proposed by the European Union, Russia, the United Nations, and the United States (together "the Quartet") in 2003 does not suggest the inclusion of peacekeeping forces, although it does envisage a monitoring mechanism for its interim phases. The authors …

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In Honor Of Roger J. Goebel, Joseph C. Sweeney Jan 2011

In Honor Of Roger J. Goebel, Joseph C. Sweeney

Fordham International Law Journal

International Law Journal are proud to dedicate the second issue of the Journal’s thirty-fourth volume to one of the school’s most distinguished and productive teachers and scholars, Roger J. Goebel, the Alpin J. Cameron Professor of Law and Director of the Center on European Union Law, on the occasion of his seventy-fifth birthday. A native of Indianapolis, Professor Goebel received his undergraduate education at Manhattan College, where he was awarded an A.B. degree in June 1957. (It is significant to note that on March 25, 1957 the Treaty of Rome was concluded, establishing the European Common Market and that it …

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Accountability In International Project Finance: The Equator Principles And The Creation Of Third-Party-Beneficiary Status For Project-Affected Communities, Marissa Marco Jan 2011

Accountability In International Project Finance: The Equator Principles And The Creation Of Third-Party-Beneficiary Status For Project-Affected Communities, Marissa Marco

Fordham International Law Journal

The creation of a third-party-beneficiary interest is a method to police the actions of entities doing business abroad. This Note discusses the viability of gleaning from the Principles a third-party-beneficiary right for project-affected communities to ensure compliance with the Industry's social and environmental standards. Part I defines project finance, discusses the emergence of social and environmental standards, such as the Principles, and describes the requirements of each of the ten individual Principles. Part II provides real world examples of the lack of effectiveness of the Principles in practice and explains some of the forces contributing to this practical failure. Part …

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Uk V. Eu: A Continuous Test Match, Julian J.E. Schutte Jan 2011

Uk V. Eu: A Continuous Test Match, Julian J.E. Schutte

Fordham International Law Journal

This Essay seeks to expose the complexity of the relationship between the United Kingdom (and Ireland, but the main focus will be the UK) and the European Union that resulted from the concessions made to the UK when the treaties of Amsterdam and Lisbon were negotiated: a right not to participate in the adoption and application of EU legislative measures in the field of Justice and Home Affairs ("JHA"), and the right to decide on a case-by-case basis to opt into such measures, following procedures reminiscent of the sophisticated rules of cricket. These concessions were made to allow the UK …

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Masthead, Volume 43 Issue 3 (2011) Jan 2011

Masthead, Volume 43 Issue 3 (2011)

Case Western Reserve Journal of International Law

No abstract provided.

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International Law In Crisis: Foreword, Michael P. Scharf, Adam Centner, Kara Mcclain Jan 2011

International Law In Crisis: Foreword, Michael P. Scharf, Adam Centner, Kara Mcclain

Case Western Reserve Journal of International Law

No abstract provided.

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Volume 44 Issue 1 (2011), Cwru Journal Of International Law Jan 2011

Volume 44 Issue 1 (2011), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

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Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin Jan 2011

Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

In this article, the author proposes that the prosecution’s obligation to disclose exculpatory information to the defense be formalized by statute, court rule, or internal protocol in ways that would reflect the current state of our knowledge of and experience with both Brady and wrongful convictions. This would improve on the current ineffective constitutional protection—and any existing statutory or rule-based regimes—in several ways. First, such a formalized regime would require disclosure of all materials that are reasonably helpful to the defense. Second, unlike the constitutional doctrine, which provides no reliable mechanism for monitoring police disclosure to the prosecution, an accompanying …

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Preface To The Paperback Edition Of United States, International Law, And The Struggle Against Terrorism, Thomas Michael Mcdonnell Jan 2011

Preface To The Paperback Edition Of United States, International Law, And The Struggle Against Terrorism, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

It is remarkable that in less than two years so many significant developments have taken place that concern the United States and the struggle against transnational terrorism. Perhaps the three most significant are as follows: (1) the Obama administration’s failure to reject wholesale the Bush-Cheney administration’s counterterrorism policies and practices; (2) the popular revolts sweeping the Arab world, often referred to as the “Arab spring”; and (3) the US Navy Seals killing Osama bin Laden in Abbottabad, Pakistan.

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Vol. 14, No. 2: Front Matter, Water Law Review Jan 2011

Vol. 14, No. 2: Front Matter, Water Law Review

Water Law Review

No abstract provided.

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Vol. 14, No. 2: Editor's Note, Ryan Mclane Jan 2011

Vol. 14, No. 2: Editor's Note, Ryan Mclane

Water Law Review

No abstract provided.

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Pre-Statutory Water Right Claims In Utah: Uncertainty In The Administration Of Water Rights, Jamie Carpenter Jan 2011

Pre-Statutory Water Right Claims In Utah: Uncertainty In The Administration Of Water Rights, Jamie Carpenter

Water Law Review

No abstract provided.

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Executive Authority, Adaptive Treaty Interpretation, And The International Boundary And Water Commission, U.S. - Mexico, Robert J. Mccarthy Jan 2011

Executive Authority, Adaptive Treaty Interpretation, And The International Boundary And Water Commission, U.S. - Mexico, Robert J. Mccarthy

Water Law Review

No abstract provided.

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Justice Greg Hobbs, Living The Four Corners: Colorado, Centennial State At The Headwaters, Tom I. Romero Jan 2011

Justice Greg Hobbs, Living The Four Corners: Colorado, Centennial State At The Headwaters, Tom I. Romero

Water Law Review

No abstract provided.

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Exactly The Right Amount: Municipal Water Efficiency, Population Growth, And Climate Change, Matthew Brodahl, William A. Shutkin Jan 2011

Exactly The Right Amount: Municipal Water Efficiency, Population Growth, And Climate Change, Matthew Brodahl, William A. Shutkin

Water Law Review

No abstract provided.

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Poetry, Gregory J. Hobbs Jan 2011

Poetry, Gregory J. Hobbs

Water Law Review

No abstract provided.

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