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LAW (703 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 20)
Acta Juridica     Full-text available via subscription   (Followers: 9)
Acta Politica     Hybrid Journal   (Followers: 13)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 20)
Administrative Law Review     Open Access   (Followers: 39)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 6)
African Journal on Conflict Resolution     Open Access   (Followers: 15)
Afrilex     Open Access   (Followers: 4)
Air and Space Law     Full-text available via subscription   (Followers: 19)
Akron Law Review     Open Access   (Followers: 4)
Alaska Law Review     Open Access   (Followers: 10)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 15)
Alternative Law Journal     Hybrid Journal   (Followers: 3)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 16)
Amazon's Research and Environmental Law     Open Access   (Followers: 2)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 55)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 16)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 12)
American Journal of Legal History     Full-text available via subscription   (Followers: 5)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 8)
American University Law Review     Open Access   (Followers: 16)
American University National Security Law Brief     Open Access   (Followers: 9)
Amicus Curiae     Open Access   (Followers: 5)
Amsterdam Law Forum     Open Access   (Followers: 9)
Annales Canonici     Open Access  
Annual Survey of South African Law     Full-text available via subscription   (Followers: 5)
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 2)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 13)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 4)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 2)
Art + Law     Full-text available via subscription   (Followers: 11)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 10)
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 5)
Asian Pacific American Law Journal     Open Access   (Followers: 2)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 8)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 17)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 18)
Ave Maria Law Review     Free   (Followers: 3)
Badamai Law Journal     Open Access  
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 7)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 23)
Beijing Law Review     Open Access   (Followers: 7)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 11)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 10)
Boston College Law Review     Open Access   (Followers: 18)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access  
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 8)
British Journal of American Legal Studies     Open Access  
Brooklyn Law Review     Open Access   (Followers: 2)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers, Droit, Sciences et Technologies     Open Access  
California Law Review     Open Access   (Followers: 20)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 142)
Campbell Law Review     Open Access   (Followers: 5)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Časopis zdravotnického práva a bioetiky     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 16)
China-EU Law Journal     Hybrid Journal   (Followers: 4)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 3)
Chinese Law & Government     Full-text available via subscription   (Followers: 6)
Cleveland State Law Review     Free   (Followers: 2)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 9)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 15)
Columbia Law Review (Sidebar)     Open Access   (Followers: 15)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 41)
Comparative Legal History     Full-text available via subscription   (Followers: 5)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 22)
Conflict Trends     Full-text available via subscription   (Followers: 8)
Cornell Law Review     Open Access   (Followers: 7)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 2)
Cuadernos de Historia del Derecho     Open Access   (Followers: 6)
Cuestiones Juridicas     Open Access   (Followers: 1)
Current Legal Problems     Hybrid Journal   (Followers: 26)
Danube : The Journal of European Association Comenius - EACO     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription  
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 8)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 2)
DePaul Law Review     Open Access   (Followers: 2)
Der Staat     Full-text available via subscription   (Followers: 13)
Derecho PUCP     Open Access   (Followers: 3)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Droit et Cultures     Open Access   (Followers: 6)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 6)
Duke Forum for Law & Social Change     Open Access   (Followers: 8)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 15)
Duke Law & Technology Review     Open Access   (Followers: 10)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 1)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 21)
Education and the Law     Hybrid Journal   (Followers: 11)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 23)
Energy Law Journal     Full-text available via subscription   (Followers: 4)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
Environmental Policy and Law     Hybrid Journal   (Followers: 16)
ERA-Forum     Hybrid Journal   (Followers: 5)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 4)
Ethnopolitics     Hybrid Journal   (Followers: 4)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
EU agrarian Law     Open Access   (Followers: 3)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 16)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 8)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 4)
European Journal of Law and Technology     Open Access   (Followers: 15)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 5)
European Law Journal     Hybrid Journal   (Followers: 135)
European Public Law     Full-text available via subscription   (Followers: 33)
European Review of Contract Law     Hybrid Journal   (Followers: 21)
European Review of Private Law     Full-text available via subscription   (Followers: 29)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 3)
Evaluation Review     Hybrid Journal   (Followers: 12)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 9)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 1)
Federal Law Review     Full-text available via subscription   (Followers: 22)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 16)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Florida Law Review     Open Access   (Followers: 4)
Florida State University Law Review     Open Access   (Followers: 4)
Fordham Environmental Law Review     Open Access   (Followers: 4)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 18)
Fordham Law Review     Open Access   (Followers: 13)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Fundamina : A Journal of Legal History     Open Access   (Followers: 7)
Geoforum     Hybrid Journal   (Followers: 23)
George Washington Law Review     Free   (Followers: 8)
Georgia Law Review     Open Access   (Followers: 2)
Georgia State University Law Review     Open Access   (Followers: 2)
Global Journal of Comparative Law     Hybrid Journal   (Followers: 2)
Global Labour Journal     Open Access   (Followers: 7)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 3)

        1 2 3 4 | Last

Journal Cover Cleveland State Law Review
  [2 followers]  Follow
    
  Free journal Free journal
   ISSN (Print) 0009-8876
   Published by Cleveland State University Homepage  [2 journals]
  • Pushing the Limits: Reining in Ohio's Residency Restrictions for Sex
           Offenders
    • Authors: Taurean J. Shattuck
      Abstract: The danger to children posed by convicted sex offenders living near schools, parks, and bus stops has been greatly exaggerated by the media. In turn, many state legislatures have attempted to find solutions to this perceived problem, imposing sanctions that seem to keep the "problem" at bay. A relatively new approach prevents those convicted of sex crimes from living within a certain distance of places where children congregate. Ohio is one of the states that has adopted this approach. The problem with this approach, however, is that imposing such restrictions on all individuals convicted of certain crimes imposes barriers to treatment and arguably infringes upon their constitutional rights, while the efficacy of the sanctions is not backed by research data. Despite the lack of empirical support, legislatures have continued to enact tougher new laws on sex offenders. If the Ohio legislature really wanted to effectuate their goal of protecting children from dangerous sex offenders, it would allow the courts to decide on a case-by-case basis whether residency restrictions would be proper. This is an approach taken by a growing number of states that takes into account research findings on sex offenders and recidivism, as well as addresses some of the constitutional concerns of the offenders. This Note argues for this policy shift in Ohio by examining the current approach and how the issue is evolving throughout the country.
      PubDate: Thu, 13 Jul 2017 11:15:49 PDT
       
  • Mad Men and Dead Men: Justification for Regulation of Computer-Generated
           Images of Deceased Celebrity Endorsers
    • Authors: Kerry Barrett
      Abstract: Pursuant to the Federal Trade Commission Act, the Federal Trade Commission (FTC) is charged with consumer protection through the prohibition of unfair and deceptive trade practices. An unfair and deceptive trade practice is gaining in prominence and has not yet been subjected to FTC regulation. Computer-generated imagery (CGIs) of deceased celebrity endorsers are misleading to consumers and constitute a false advertisement. This Note evaluates how digitally resurrected endorsers pervert the consumer decision-making process through analysis of issue-relevant thinking, the match-up hypothesis, event-study analysis, social adaptation theory, and transfer theory. This Note also accounts for the macroeconomic effect of regulation of CGIs of deceased celebrity endorsers. In order to fulfill its constitutionally-mandated duty of protecting consumers, the FTC should issue an all-out ban on CGIs of deceased celebrity endorsers.
      PubDate: Thu, 13 Jul 2017 11:15:45 PDT
       
  • Restoring Independence to the Grand Jury: A Victim Advocate for the Police
           Use of Force Cases
    • Authors: Jonathan Witmer-Rich
      Abstract: This Article proposes a grand jury victim advocate to represent the interests of the complainant before the grand jury in investigations into police use of excessive force. Currently, the prosecutor has near-exclusive access to the grand jury, and as a result, grand juries have become almost entirely dependent on prosecutors. Historically, however, grand juries exhibited much greater independence. In particular, grand juries have a long history in America of providing oversight over government officials, bringing criminal charges for official misconduct even when local prosecutors proved reluctant. Permitting the alleged victim of police excessive force to be represented before the grand jury would ensure that the grand jury hears from a representative whose interests are truly aligned with the complainant rather than the police. This addition would give the grand jurors an ability to rediscover and reclaim the tradition of independence, and to provide democratic oversight over cases of alleged police misconduct.This Article addresses the role of the prosecutor and the grand jury in police use of deadly force cases with a view toward American jurisdictions generally, but with a particular focus on Ohio law and recent events in Cleveland, most notably the grand jury proceeding following the shooting of twelve-year-old Tamir Rice on November 22, 2014.
      PubDate: Thu, 13 Jul 2017 11:15:42 PDT
       
  • The Role of the Prosecutor and the Grand Jury in Police Use of Deadly
           Force Cases: Restoring the Grand Jury to Its Original Purpose
    • Authors: Ric Simmons
      Abstract: In deciding whether and what to charge in a criminal case, the prosecutor looks to three different factors. The first is legal: is there probable cause that the defendant committed this crime' The second is practical: if the case goes to trial, will there be sufficient evidence to convict the defendant beyond a reasonable doubt of this crime' And the third is equitable: should the defendant be charged with this crime' The prosecutor is uniquely qualified to answer the first and second question, but the third is a bit trickier. If it is used properly, the grand jury could provide valuable guidance to the prosecutor in answering this third question. This role could be especially useful in police use of deadly force cases.To see how this would work, this Article examines three prominent police use of force cases and analyzes how the prosecutor used the grand jury in each case. In the case of the shooting of Freddie Gray in Baltimore, the prosecutor treated the grand jury the way most prosecutors treat grand juries—as a rubber stamp for her pre-existing decision to indict. The result was disastrous, as the prosecutor was unable to obtain a conviction against any of the police officers. In the case of the shooting of Tamir Rice in Cleveland, the prosecutor used the grand jury as political cover: the prosecutor had already decided not to indict the case and presented a weak case to the grand jury to ensure that the grand jury would not return an indictment. The subsequent reaction by the community led to the prosecutor losing his job in the next election. Finally, in the case of the shooting of Michael Brown in Ferguson, the prosecutor decided to use the grand jury for its original purpose by allowing it to exercise its independent judgment as to whether an indictment was appropriate in the case. In doing so, he was able to reach a more just result than we saw in either of the other two case studies.This Article then discusses how to encourage police officers to follow the example of the Ferguson prosecutor and allow grand juries to exercise their own independent judgment. One of the easiest ways to accomplish this goal would be to relax the grand jury secrecy rules, most of which are outdated and all of which decrease the legitimacy of the grand jury.
      PubDate: Thu, 13 Jul 2017 11:15:38 PDT
       
  • The Duty to Charge in Police Use of Excessive Force Cases
    • Authors: Rebecca Roiphe
      Abstract: Responding to the problems of mass incarceration, racial disparities in justice, and wrongful convictions, scholars have focused on prosecutorial overcharging. They have, however, neglected to address undercharging—the failure to charge in entire classes of cases. Undercharging can similarly undermine the efficacy and legitimacy of the criminal justice system. While few have focused on this question in the domestic criminal law context, international law scholars have long recognized the social and structural cost for nascent democratic states when they fail to charge those responsible for the prior regime’s human rights abuses. This sort of impunity threatens the rule of law and misses the opportunity to reinforce important democratic values. This Article draws on international law scholarship to argue that there is a duty to investigate and a limited duty to charge crimes that implicate core democratic principles of equality and fairness. Police use of excessive force against unarmed African-American suspects is just this sort of crime.
      PubDate: Thu, 13 Jul 2017 11:15:35 PDT
       
  • Nearsighted and Colorblind: The Perspective Problems of Police Deadly
           Force Cases
    • Authors: Jelani Jefferson Exum
      Abstract: In dealing with the recently publicized instances of police officers’ use of deadly force, some reform efforts have been focused on the entities that are central to the successful prosecutions of police—the prosecutor and the grand jury. Some have suggested special, independent prosecutors for these cases so that the process of deciding whether to seek charges against police officers remains untainted by the necessary cooperative relationship between the police department and the prosecutor’s office. Others have urged more transparency in the grand jury process so that the public can scrutinize a prosecutor’s efforts in presenting evidence for an indictment. Still others would like to change the grand jury process entirely—by allowing defense attorneys to participate or giving individual grand jurors more control over the proceedings. While there is merit to all of these approaches, this Article maintains that so long as the legal standard only allows for the prosecution of police when the officers are "unreasonable" in using force, which focuses on a moment of the suspect-victim’s "dangerousness," there will not be much change in the success of prosecuting police for the use of deadly force.The persistent problem at the core of prosecuting police for the use of deadly force is that society has not developed norms of acceptable police conduct, and to the extent that any norms do exist in societal views of appropriate law enforcement, they are built upon a foundation of racial biases that all in society unfortunately share. The answer to this dilemma, then, cannot solely focus on removing the conflicted prosecutor or granting more autonomy to the grand jury. To truly curb police misconduct, at least part of the solution must require a shift in perspective. It requires correcting the nearsighted view of reasonable police behavior so that the focus includes norms of conduct taken before an officer gets to the point of making a decision to kill. Further, the solution also requires correcting the colorblind view of deadly force cases by confronting the existence and persistence of racial bias in views on dangerousness and criminality. Prosecutors and grand jurors have roles to play in properly bringing charges against officers that have acted outside of their appropriate roles. But, until those appropriate police roles are normalized and racial bias is confronted, even the most well meaning prosecutor and the most searching grand jury may have difficulty reaching a just result in police deadly force cases.
      PubDate: Thu, 13 Jul 2017 11:15:31 PDT
       
  • Copyright Statement
    • Authors: Cleveland State Law Review
      PubDate: Thu, 13 Jul 2017 11:15:24 PDT
       
  • In the "Best Interests" of the Disabled: Legislating Morality and the
           Power to Initiate Support Orders for Disabled Adults in Ohio
    • Authors: Kalynne Proctor
      Abstract: Today’s reality is that many families have children who are faced with disabling conditions that prevent them from relinquishing their dependency on others. Often, the need for specialized treatment and care does not terminate once a severely disabled child reaches adulthood. While typically parents are relieved of their legal parental obligations to their adult-aged children, this is not the same case for parents with severely disabled children. In some respects, Ohio has recognized the financial difficulties divorced parents face when they are the sole caregivers of disabled adult children. Although Ohio law requires that the noncustodial parent in a divorce pay child support for their disabled adult children if the disability arose prior to the child reaching eighteen, ambiguity in the law gives Ohio courts discretion to circumvent their jurisdiction in these particular situations. Currently, Ohio courts differ in how they interpret whether they retain jurisdiction to initiate support orders for disabled children after the disabled child has reached the age of majority. This discretion is problematic, and this type of arbitrary power punishes disabled adults for something beyond their control—namely, the timing of their caregivers’ divorce. This Note attempts to resolve the current ambiguity in Ohio law by arguing that Ohio law should be interpreted to reflect the inevitable overlap between a parent’s moral and legal duties and recognize the courts’ powers to initiate support orders for disabled adults.
      PubDate: Wed, 12 Jul 2017 10:08:12 PDT
       
  • Toiling in Factory and on Farm: An Employer-Friendly Approach to the
           Compensability of Donning and Doffing Activities Under the "FLSA"
    • Authors: Jacob A. Bruner
      Abstract: No realm of employment litigation has been more active in recent years than class action lawsuits under the Fair Labor Standards Act (FLSA). Although the FLSA was originally enacted to help those who toiled in factories and on farms obtain a fair day’s pay for a fair day’s work, it continues to haunt unwary employers nearly seventy years later. This Note attempts to resolve those problems through the proposition of a single, uniform, and employer-friendly standard for donning and doffing claims arising under the FLSA. Specifically, this Note argues that courts should construe the “integral and indispensable” test narrowly to protect employers from compensation claims for relatively effortless activities while also exposing them to litigation for work that is essential to completion of the principal activity, as contemplated by early labor standard advocates. This ensures that legitimate claims for uncompensated work time are fully covered by the FLSA and that frivolous suits fall by the wayside.
      PubDate: Wed, 12 Jul 2017 10:08:09 PDT
       
  • The Trial Lawyer and the Reptilian Brain: A Critique
    • Authors: Louis J. Sirico; Jr.
      Abstract: This Article brings together neuroscience, cultural symbolism, and the strategies of practicing lawyers to critique the reptile strategy, now popular among trial lawyers. The strategy directs the lawyer to trigger the reptilian brains of jurors so that they react instinctively to threats to themselves and their communities. When humans feel threatened, the reptilian brain, the most primitive part of the brain, takes charge and instinctively controls human conduct. Therefore, if a lawyer can make a juror feel threatened, the lawyer makes an appeal to the juror’s reptilian brain and virtually assures a victory. Thus, a lawyer’s argument should intensify the juror’s fear that his or her physical survival is at stake as well as that of the juror’s family and community. The reptile strategy seeks to make jurors act instinctively and not reflectively. This Article challenges the validity and desirability of this strategy.
      PubDate: Wed, 12 Jul 2017 10:08:06 PDT
       
  • Punitive Damages Revisited: A Statistical Analysis of How Federal Circuit
           Courts Decide the Constitutionality of Such Awards
    • Authors: Hironari Momioka
      Abstract: Using data from punitive damages decisions of U.S. federal circuit courts from 2004 to 2012, this paper attempts to establish empirically the following: (1) there is no apparent statistical difference between the levels of jury and judge awards; (2) U.S. Supreme Court decisions such as Philip Morris (2007) or Exxon (2008) do not actually or substantially affect the level of punitive damage awards; (3) with regard to the cases involving remittitur, or reduction of awards, the Exxon decision did not radically affect the decreasing ratio of punitive to compensatory damage awards; (4) as the levels of compensatory awards go up, the ratio becomes strikingly low and stable; (5) finally, the proportionality between punitive and compensatory awards is not the key factor that influences upper court judges when they consider the constitutionality of punitive damages. Unexplained portions of the relationship between the amount of punitive damages and the wealth of a defendant remain to be examined further.
      PubDate: Wed, 12 Jul 2017 10:08:02 PDT
       
  • Chief Justice William Howard Taft's Conception of Judicial Integrity:
           The Legal History of Tumey v. Ohio
    • Authors: Joshua Kastenberg
      Abstract: In 1927, Chief Justice William Howard Taft led a unanimous Court to determine that, at minimum, the right to an impartial and independent judiciary meant that the judge had to lack a personal interest in the outcome of the trial. While the decision, Tumey v. Ohio, was based on a judge’s pecuniary interest, it was also part of Taft’s efforts to ensure that the nation’s judges, from the municipal courts to the Supreme Court had the public’s confidence in their integrity. Tumey, therefore, is not simply a decision on pecuniary interests. It can, and should, be applied to judicial elections, including the financing of elections and limits on election speech, as well as a judge’s association or relationships with the litigants.
      PubDate: Wed, 12 Jul 2017 10:07:58 PDT
       
  • A Whole Lot of Shakin' Going On: Movement Disorders Caused by Brain
           Trauma
    • Authors: Jack E. Hubbard et al.
      Abstract: There has been a lot of publicity directed to the consequence of brain trauma, such as headaches forgetfulness, irritability, and depression. That is only part of the sequelae. A little-known but challenging result of brain trauma is the development of or aggravation of a movement disorder such as a tremor, dystonia, a tic, or Parkinson’s Disease.A movement disorder is an all-encompassing term that refers to a constellation of neurological issues that cause involuntary or voluntary movements or abnormal positioning of a body part. Various regions of the brain interact with each other to control movements of the body. If an injury occurs to a part of the brain that affects movement, it can trigger mobility problems and change the established line of communications. This can result in a host of unwarranted issues from a simple tic to a progressive neurological disorder that can lead to significant motor impairment over the years.Very little has been written about the medical-legal aspects of movement disorders and brain trauma. This article attempts to fill that void. It discusses the medical aspects of post-traumatic movement disorders with a focus on the physiology of the brain and how the resultant movement maladies develop. The second section examines the legal cases where this neurological problem has become an issue.
      PubDate: Wed, 12 Jul 2017 10:07:56 PDT
       
  • Copyright Statement
    • Authors: Cleveland State Law Review
      PubDate: Wed, 12 Jul 2017 10:07:46 PDT
       
 
 
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