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

Archive for the ‘National’

July Is National Minority Mental Health Awareness Month

July is National Minority Mental Health Awareness Month and organizations around the country are promoting mental health and wellness in diverse communities. The Office of Minority Health, a division of the U.S. Department of Health and Human Services (HHS), provides statistics, information on mental health disparities, projects and partnerships and health resources and publications. The Substance Abuse and Mental Health Services Administration (SAMHSA), also an HHS division, is another source for information on health disparities, and mental health and substance abuse information for specific racial and ethnic populations.

Some ideas for celebrating National Minority Mental Health Awareness Month at C|M|Law –

  • Check out our Mental Health and Well-Being resource guide
  • Browse our Mental Health and Wellness collection of books available for check out in the Ohio Room
  • Use the hashtags #MinorityMentalHealth or #MyHealthMyWay! or #NotACharacterFlaw
  • Treat yourself to a massage on campus
  • Tell a friend about the Counseling Center on campus
  • Keep an eye out for the Quiet Room, which is coming Fall 2018 in the Learning Commons – – it will be a space where all C|M|Law students can take a moment to quietly refocus
  • Be open and supportive with yourself and others in pursuing mental wellness at the law school and in the legal profession

U.S. Suicide Rates Significantly Rise

CDC Preventing Suicide CoverBehavioral scientists at the U.S. Centers for Disease Control and Prevention (CDC), National Center for Injury Prevention and Control (NCIPC), Division of Violence Prevention recently examined 1999-2016 suicide rates in the United States. “Suicide rates increased significantly in 44 states, with 25 states experiencing increases >30%.  Rates increased significantly among males and females in 34 and 43 states, respectively. … Among decedents with available information, several circumstances were significantly more likely among those without known mental health conditions than among those with mental health conditions, including relationship problems/loss (45.1% versus 39.6%), life stressors (50.5% versus 47.2%), and recent/impending crises (32.9% versus 26.0%)…” The full report, Trends in State Suicide Rates – United States, 1999-2016 and Circumstances Contributing to Suicide – 27 States, 2015, is published in 67 Morbidity and Mortality Weekly Report 617-624 (June 8, 2018). For additional data and information, see the CDC National Violent Death Reporting System website and the Division of Violence Prevention Suicide Prevention page.

Am Jur and Friends – Practical Help for Working a Case

You’re probably familiar with American Jurisprudence 2d (and its counterpart CJS), the national legal encyclopedia that can quickly get you up to speed on a legal issue and direct you towards primary law and practice materials. What’s less well known, is that AmJur is part of a suite of resources called the Total Client-Service Library (TCSL). Before being bought by Westlaw, AmJur was published by Lawyers Cooperative Publishing Company, which came up with the idea of the TCSL, which Westlaw has since continued. An addition to AmJur, the TCSL includes four additional titles, all of which are available on Westlaw –

Am Jur Proof of Facts Say you have a case involving medical malpractice related to organ or tissue transplant. AmJur Proof of Facts gives you an overview of the topic, what claims and defenses are available, the elements of proof, motions and forms, interrogatories, and more. Basically everything you need for the preparation and proving of facts at trial.

Am Jur Trials  — In a litigation about malpractice involving burns in a surgical procedure, for example, Am Jur Trials gives you trial tactics and strategies, including tips on discovery, admissibility of evidence, summary judgment, damages, and direct and cross examination. Things like checklists, forms, opening statements, and litigation aids and charts are also included in Am Jur Trials.

Am Jur Pleading and Practice Forms – Here you’ll find over 43,000 forms on all aspects of state and federal litigation, arranged by topic. For example, in the context of insolvency, you’ll see forms for the appointment of receivers, petitions, orders, notice to creditors, complaints in federal court, and more.

Am Jur Legal Forms – Unlike Am Jur Pleading and Practice Forms, this set is not litigation oriented. So you’ll find forms covering all sort of topics like patents, product liability, real estate sales, trusts, and the UCC. Besides the forms themselves, you’ll see checklists, tips, and advice for completing the forms. Sometimes you’ll find alternative clauses to aid in drafting.

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.

Prestatehood Legal Materials Available on HeinOnline

Prestatehood Legal Materials is now part of the U.S. State package on HeinOnline.

This new database is derived from AALL’s (American Association of Law Libraries) Joseph L. Andrews Literature Award-winning 2005 sourcebook, Prestatehood Legal Materials, which is edited by Michael Chiorazzi and Marguerite Most. It provides brief overviews of state histories from colonization to statehood and identifies a wide range of both readily available and hard-to-find materials from each state, linking to more than 1,500 full-text documents. This database is an invaluable and comprehensive tool for researchers. Unprecedented in its coverage of territorial government, this database holds resources that reveal the underlying legal principles that helped shape the United States. Research how foreign countries controlled the laws of these territories and how the states eventually broke away to govern themselves. Examine the legal issues of Native Americans, inter-state and the Mexican and Canadian borders, and the development of the executive, legislative, and judicial branches of state government.

This database contains bibliographies, references, and discussions on a varied list of source materials, including:

  • State codes drafted by Congress
  • County, state, and national archives
  • Journals and digests
  • State and federal reports, citations, surveys, and studies
  • Books, manuscripts, papers, speeches, and theses
  • Town and city records and documents
  • And more!