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

Archive for October, 2014

Top Ten Spookiest Law Reviews

It’s Halloween! Which means it’s time for the fourth installment of spookiest law reviews. We started this tradition back in 2008, and did revisions in 2011 and 2013. So we’re about due for a research update.

As always, we’ve combed the legal literature, collecting all that’s scary, spooky, or spine tingling to emerge from the law school and bar journal presses. You never know what zombies, ghosts, or monsters might turn up.

In the spirit of Halloween fun, we present the top ten spookiest law review and journal articles from fall 2013 to the present, selected by title alone —

  1. Prosecuting the Undead: Federal Criminal Law in a World of Zombies, 61 UCLA Rev. Discourse 44 (2013).
  2. Defenseless in the Zombie Infested Internet: Why Audio-Visual Works Demand Exemption under the Digital Millennium Copyright Act, 2013 B.C. Intell. Prop. & Tech. F. 1 (2013).
  3. Throwing Dirt on Doctor Frankenstein’s Grave: Access to Experimental Treatments at the End of Life, 65 Hastings L.J. 615 (2014).
  4. Creepy Cases: Halloween Often Comes with Something Really Scary—A Lawsuit, 77 Texas B.J. 772 (2014).
  5. Invading the Realm of the Dead: Exploring the (Im)Propriety of Punitive Damage Awards Against Estates, 47 U. Mich. J.L. Reform 827 (2014).
  6. Zombie PIK Instructions, 83-MAR J. Kan. B.A. 26 (2014).
  7. Constitutional Law—From Goblins to Graveyards: The Problem of Paternalism in Compelled Perception, 35 W. New Eng. L. Rev. 205 (2013).
  8. Unmasking the Ghost: Rectifying Ghostwriting and Limited-Scope Representation with the Ethical and Procedural Rules, 92 Neb. L. Rev. 655 (2014).
  9. Whistling Past the Graveyard: Why Obamacare’s New Commerce Clause Rules May Spell Trouble for Federal Criminal Laws, 41 Am. J. Crim. L. 263 (2014).
  10. Ghost in the Network, 162 U. Pa. L.Rev. 1011 (2014).
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Do You Know About Specialized Dockets in Ohio?

image of empty judge's chairAfter reading a recent article about drug courts in Cuyahoga County, I thought it might be good to point out to our readers these specialized dockets along with others in the state. The other two types of specialized dockets you may heard of are Veterans Courts and Business or Commercial Courts.

Drug courts and Veterans Courts are specialized dockets through which court and treatment personnel work collaboratively to assist defendants with treatment, instead of prison, for issues such as drugs, alcohol, and mental health. The success of specialized dockets is measured by reduced recidivism, improved treatment, and cost savings.

Commercial courts are for business-to-business disputes. The judges in these courts have expertise in commercial matters.

For more information, click on the following links: Veterans Courts Drug Courts Commercial Courts

FAA Criminalizes the Use of Drones

For the first time, the FAA (Federal Aviation Administration), has taken a stand on unmanned aircraft. In a notice posted on the FAA website on Monday, October 27, 2014, the FAA prohibits the use of drones and model planes near or over large sports stadiums and auto racetracks. Violators will be subject to certain criminal penalties under 49 USC 46307, which can include hefty fines and up to a year in prison. This prohibition applies to stadiums which seat 30,000 people or more, and includes First Energy Stadium, here in Cleveland, Ohio.

DronePicDrones have been a hot button issue. Earlier this year, in North Dakota, a U.S. Citizen was convicted and sent to prison based on a video provided by a military drone. This was the first time someone was convicted based on this type of evidence. That case tested the limits of the Fourth Amendment ot the U.S. Constitution regarding unreasonable searches and seizures.

Last month, Justice Sotomayor, spoke before a group of faculty members and students at Oklahoma City University, giving a nod to George Orwell’s book, “1984”, when she stated, “We are in that brave new world, and we are capable of being in that Orwellian world, too”.

For further reading on the topic, check out the book titled, Unmanned Aircraft Systems (Drones) and the Law (2011), by Lydia de Beer, which is available at the Law Library, and located on the Atrium level. It speaks mainly about the legal limits in the use of drones for military purposes.

The FAA has debunked many of the common misconceptions and misinformation about unmanned aircraft system (UAS), a.k.a. Drones, on their website. Check it out.

Recent Statistics on Internet Harassment

A recent report from the Pew Research Internet Project indicates that 73% of adult internet users have seen someone be harassed online and 40% have experienced online harassment themselves. Six types of online harassment were examined: being called offensive names, purposefully embarrassing someone, physical threats, harassment over a sustained period of time, sexual harassment, and stalking. Young adults, and especially young women ages 18 to 24, were most likely to experience online harassment. Young women were disproportionately the victims of the most severe forms of online harassment, with 26% of young women having been stalked, and 25% having experienced sexual harassment.

You can find research materials on cyberbullying and other forms of online crime in the library. Some recent titles include:

  • Cyber Crime and Digital Evidence: Materials and Cases [Find it]
  • Confronting Cyber-Bullying: What Schools Need to Know to Control Misconduct and Avoid Legal Consequences [Find it]
  • Placing the Suspect Behind the Keyboard: Using Digital Forensics and Investigative Techniques to Identify Cybercrime Suspects [Find it]

$$$ Scholarships Available to Students Interested in Getting a LLM in Environmental Law $$$

environmental lawThere are scholarships available for several places in Pace’s LL.M. in Environmental Law program for entry in the fall 2015 semester. For scholarship consideration, applications should be received by December 22, 2014. The graduate admissions committee will automatically consider all applications received by that date for the merit scholarships. Successful applicants will show a strong academic record as well as an interest in environmental law and policy. Directions on how to apply can be found here.

Students in Pace’s LL.M. in Environmental Law program may choose from three optional specializations: Climate and Energy Law, Land Use and Sustainable Development Law, or Global Environmental Law. Students also have the opportunity to participate in our United Nations Environmental Diplomacy Practicum and to intern at Pace’s Land Use Law Center and Energy and Climate Center. More information on Pace’s LL.M. program can be found here.