News and information useful to Cleveland-Marshall College of Law students, faculty and staff.

Archive for May, 2012


Turkey and The Cleveland Museum of Art: Art Ownership and Looting

Although not quite as problematic as the Elgin Marbles fiasco, the Cleveland Museum of Art, as well as several other art museums throughout the world, currently have a similar problem dealing with art ownership on their hands. Turkey has recently claimed that there are 22 art objects in the CMA’s collection that were looted from their country that should be returned to their native soil. Among these precious works of art is a statue of Marcus Aurelius and five pieces of Iznik ceramics. For a complete list of the items in question, click here. In the US Turkey is also attempting to repatriate additional works found in the collections of the J. Paul Getty Museum in Los Angeles, the Metropolitan Museum of Art in New York and the Dumbarton Oaks Museum in Washington, D.C. Internationally Turkey’s reclamation efforts extend to the Louvre Museum in Paris, the Pergamon Museum in Berlin, the Victoria & Albert Museum in London, and others.

Turkey’s situation is lamentable, but there are a number of issues with their claims. First, Turkey seems to lack the necessary evidence to prove that these objects are their property and that they were illegally removed from the country. For objects like the statue of Marcus Aurelius, little to no information is known about the location of its creation. No one can prove that this object actually came from Turkey, though its materials and style do point to this. Second, for the pieces that have a known origin, the only evidence indicating that these items were looted is the lack of a permit for exportation. While this does make it appear very likely that these art objects were stolen, an absence of something is not substantial evidence. Third, Turkey is not limiting its search to art objects that were illegally removed from the country while contemporary laws against looting were already in place, but is instead reaching back centuries for potentially looted art works.

For additional information on this conflict, read Steven Litt’s article in the Plain Dealer.

International Tribunal Sentences Former Liberian President to 50 Years Prison

The Special Court for Sierra Leone has sentenced former president of Liberia Charles Taylor to 50 years prison for his role in orchestrating crimes committed by rebel forces in Sierra Leone during that country’s civil war in the 1990s. Taylor was convicted of all 11 counts of crimes for which he was indicted. These include acts of terrorism, murder, rape, sexual slavery, outrages upon personal dignity, and cruel treatment. Taylor has also been convicted of acts of enlisting child soldiers. Approximately 10,000 child soldiers fought in Sierra Leone during its civil war.  Taylor is the first head of state convicted by an international tribunal since the Nuremberg trials after WWII.

The full 2,539-page judgment, press releases, and video of the sentencing are available on the Special Court for Sierra Leone website.

New & Updated CALI Lesson Roundup

May is quickly coming to a close. Here’s a list of the new and newly updated CALI lessons for this past month. There are hundreds of CALI lessons that can help you master specific legal concepts and rules. Complete registration information for C|M|LAW students is here [password required]. You can also browse a complete list of lessons.

Interference with Flight Crew

This lesson discusses 49 U.S.C. sec. 46504, providing for civil and criminal penalties for passengers who intimidate pilots or flight attendants.

Chevron Deference

In this lesson, we explore issues relating to the United States Supreme Court’s landmark decision in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). In that case, the Court suggested that courts should “defer” to an administrative agency’s interpretation of its governing statute under certain circumstances. The lesson examines the concept of deference, its consistency with other legal principles (e.g., the Court’s landmark decision in Marbury v. Madison), the meaning and limits of deference, and the various types of deference (e.g., Skidmore deference as contrasted with Chevron deference). The lesson is intended for students who have studied these issues in class and who wish to refine and expand their knowledge.

Covenants of Title and Types of Deeds

This lesson is designed to teach a student about the various types of covenants of title in deeds and the different types of deeds arising from the covenants they contain. Students who are unfamiliar with real covenants are advised to review the CALI lessons related to real covenants before trying this lesson.

Preparing for Trial

This lesson is designed to familiarize law students with legal materials that can be used when preparing for litigation. Rather than creating from scratch many of the documents needed in preparing for a trial, it is much more efficient to find sample documents that can help guide you. Students will be introduced to the various sources that attorneys turn to, including sample forms, pleadings, interrogatories, and other useful resources.

Fees

This lesson reviews an attorney’s responsibilities when setting, sharing and collecting fees. By the end of the lesson, students should be able to identify how much, by what method, and under what circumstances they can charge fees from clients, share fees with others, and take actions to collect fees.

Registration and Section 44

This lesson deals with the basics of trademark registration under Section 44 of the Lanham Act. It includes discussions of eligibility under this provision, the value of foreign registrations, issues of priority, and the necessity for use prior to and after registration. It can be used either to learn the subject or for review, but does presume general knowledge of the bases for registration under Section 1 of the Lanham Act.

Library Hours for Memorial Day Weekend

For this Memorial Day weekend, the Law Library will be open Saturday May 26th from 9 am – 5 pm, and Sunday May 27th from 12 pm – 8 pm. We will be closed on Monday May 28th for Memorial Day. Our hours page lists our complete hours through August 12th. Have a great holiday weekend!

Bootcamp for the MBE

In addition to offering you a quiet place to study for the MBE, the law library has a large collection of bar prep materials that you can check out. One good series to consider is Steve Emanuel’s Bootcamp for the MBE. First there are the subject-matter books that outline the black letter law and give examples. Some of the areas covered are:

  • Constitutional law
  • Torts
  • Criminal Law and Procedure
  • Evidence
  • Real Property
  • Contracts

The series also includes an MBE Self-Assessment Test [Find it], and Simulated MBE: Questions and Answers [Find it] and a volume called Emanuel Confidential [Find it]. This volume is a compilation of “the most useful material for you to study in the law few hours before you take the MBE.”

We’ve collected these and other bar prep books for check out right at the reference desk as you walk in the library. You can find more materials in room AO66.