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

Archive for January 25th, 2013

Cleveland State Law Review Article by Alumnus Patrick Charles cited in 7th Circuit Gun Law Case

2ndamendmentThe dissenting opinion in a recent gun law case cited to Patrick J. Charles, The Faces of the Second Amendment Outside the Home: Historical Versus Ahistorical Standards of Review, 60 Clev. St. L. Rev. 1, 31-32 (2012).   See Moore v. Madigan, Nos. 12-1269, 12-1788, at 24  (7th Cir. Dec. 11, 2012).  The case concerned the constitutionality of an Illinois statute banning the carrying of a “gun ready to use”, with some exceptions, such as for police,   hunters and carrying a gun on your own property.   The majority in Moore held this statute was unconstitutional.   Finding that  it must accept the historical conclusions of District of Columbia v. Heller, 554 U.S. 570 (2008), the majority held that the Second Amendment right of armed self-defense must extend outside the home in some form or fashion.

The dissent asserts that Heller’s historical analysis did not address whether there existed a historical right to carry ready-to-use arms outside the home.  Instead, Heller focused on the historical right to possess ready-to-use firearms in the home for self defense.  The dissent cites to Charles’ historical research to show that it is unclear whether, at the time of the founding, there was a widely understood right to carry ready-to-use arms in public for potential self-defense.

Patrick J. Charles is a 2009 alumnus of Cleveland-Marshall College of Law.


Fall 2012 Exams Now Up

I know all the law students love finals week.  Get an extreme head start on your finals preparation by taking a look at some of the past exams from the fall 2012 semester.  Please note that only exams which professor’s have given permission to post online are available.  The recently added fall 2012 exams along with all other previous exams can be found at the past exams page.  Enjoy, I guess.

Marathon Money Madness: NYC & Canton

NYCMarathonAll of us have probably heard a snippet or two about the New York Marathon debacle that took place this past November in the wake of Hurricane Sandy. The race was cancelled and tens of thousands of runners were left without answers as to how they would be compensated for their losses for approximately two months. Although the runners’ losses were miniscule compared to those whose homes and families were devastated by the hurricane, they were a notable legal issue that needed to be resolved eventually. Luckily the New York Road Runners were able to offer a number of reparation options to the runners, including a refund of $200+ for the race entry fee.

Nearby in Canton we currently have another money fiasco brewing over marathon funds, except for this time the trouble involves a feud between the race directors. Last year Julia Dick and Stephen Mears organized the inaugural Canton Marathon together, but they didn’t quite cover all of their bases. A substantial number of fees still remain to be paid off from last year’s race. It appears that the debt the marathon has incurred was also directly exacerbated by the race co-director Stephen Mears. Mears borrowed $100,000 from Canton Marathon, LLC to fund projects for his own company StrategyONE.

It does not look like the problems in Canton will be fixed as neatly as those faced by the New York Marathon and Canton does not have a major natural disaster to blame for its shortcomings. Currently Dick and Mears are both organizing separate marathons in Canton to take place during the same weekend this June, yet they have neither the permits nor the funds required to hold their events. Last year’s marathon was a welcome addition to the Northeast Ohio racing calendar and it will be a shame if it does not continue this year. For more information on the story, check out the Stark County docket and read this Runner’s World article. Thanks to the Moritz Legal Information Blog for mentioning this story.