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

Archive for May, 2018

This Just In: Eisenhower vs. Warren

Dwight Eisenhower and Earl Warren are two titans of 20th century American history. Eisenhower was a five-star Army general who commanded Allied Forces in the west during World War II and two-term United States President. Warren was a three-term Governor of California, California Attorney General, candidate for Vice President in 1948, and then Chief Justice of the United States Supreme Court, appointed by Eisenhower.

The Warren Court, as the Supreme Court came to be known during his tenure, was known for progressive decisions including the landmark Brown vs. Board of Education decision. Eisenhower was known for a middle of the road policy toward race and segregation and favored building consensus to eventually overturn segregation via legislation rather than court decisions. Thus, the Brown decision was unpopular in Eisenhower’s White House because it deviated from the President’s strategy. The tensions between the two titans were so bad that Eisenhower said his greatest mistake as President was appointing Warren.

This book is a fascinating look at Supreme Court and American history in the mid 20th century. Eisenhower vs. Warren is available in our New Releases section on the first floor near the circulation desk.

Ohio’s Application for PPACA State Innovation Waiver Denied

CCIIO logoOhio’s application for a State Innovation Waiver under section 1332 of the Patient Protection and Affordable Care Act (PPACA) was recently denied. Ohio was specifically seeking to waive the “individual mandate.”* Per federal guidelines (see 45 C.F.R. 155.1308(c)), the application was reviewed by the U.S. Department of Health and Human Services and the U.S. Department of the Treasury (hereinafter “the Departments”). The Departments found the application to be incomplete, as communicated to the Ohio Department of Insurance in a 5/17/18 letter from Randy Pate, Director of the Center for Consumer Information & Insurance Oversight (CCIIO) and Deputy Administrator of the Centers for Medicare & Medicaid Services. Specifically, the Ohio application did “not include a description of any program implementing a waiver plan for providing coverage that meets section 1332 requirements,” and did not include a description of the reason Ohio was seeking to waive the “individual mandate.” [See requirements detailed at 42 U.S.C. 18052 and 45 C.F.R. 155.1308(f)(3)(iii).] The CCIIO oversees the implementation of PPACA provisions related to private health insurance, including Section 1332 State Innovation Waivers, which permit a state to “pursue innovative strategies for providing their residents with access to high quality, affordable health insurance while retaining the basic protections of the ACA.” After the Departments make a preliminary determination that a State Innovation Waiver application is complete, they provide for a public notice and comment period, and make a final decision on the application within 180 days.

*The “individual mandate” was originally codified at 26 U.S.C. §5000A and 26 C.F.R. 1.5000A-2. The Tax Cuts and Jobs Act (Pub. L. No. 115-97, 131 Stat. 2054, 12/22/17; text not yet available – see Section 11081 of H.R. 1, 115th Cong., 2017) repealed §5000A and eliminated the penalty associated with the individual mandate, beginning in 2019. However, no changes were made to the statutory language that established the mandate. For more information, see The Individual Mandate for Health Insurance Coverage: In Brief, by the Congressional Research Service.

Library Closed This Weekend, Summer Hours Begin Monday

The law library is closed this weekend for the end of the intersession period.  Below are our hours starting Monday, May 21.

Summer Semester (Starts May 21)

Monday-Thursday 7am-10pm
Friday 7am-8pm
Saturday 9am-5pm
Sunday 9am-8pm
*Monday, May 28 Closed
*Wednesday, July 4 Closed

Even in the Summer…Your Law Library is Here for You

If you are taking classes or even if you have a summer assignment that you need assistance with, we are here for you!

Contact our reference staff at:

(216) 687-6877

Also, be sure to check our hours page because our summer hours differ from Fall and Spring semesters.

New Research Guide: Mental Health and Well-Being – Resources for Law Students

This month is mental health awareness month. In recognition, we have rolled out our newest research guide: Mental Health and Well-Being – Resources for Law Students.

Law school is difficult—there is a lot of reading, long in-depth papers, and grueling exams. These pressures on top of financial and family concerns can be overwhelming. Luckily, there are lots of resources available for law students. The guide Mental Health and Well-Being – Resources for Law Students assists you in getting through the difficult times. Included in the guide are books on lawyer and law student well-being, places to go for help, links to the substance abuse and mental health tool kits, and research and articles on mental health and well-being.