Plecnik’s Article on Abolishing the Inflation Tax on the Poor and Middle Class Hits SSRN’s Top-10 Download Lists

Professor John Plecnik’s article, Abolish the Inflation Tax on the Poor and Middle Class, was recently included on SSRN’s Top Ten download list for Auditing, Litigation & Tax eJournal, Macroeconomics: Prices, Business Fluctuations, & Cycles eJournal and Political Economy: Taxation, Subsidies, & Revenue eJournal.  The article is forthcoming at 29 Quinnipiac L. Rev. 925 (2011).

You may view the abstract and download statistics at

C|M|LAW Hosts Innovative Conference on E-Discovery

On Thursday, November 10, C|M|LAW hosted an innovative half-day conference on E-Discovery, Current E-Discovery Issues from a Practitioner and Judicial Perspective.   C|M|LAW presented and organized the conference in conjunction with the Cleveland-based e-discovery firm JurInnov and the Jones Day law firm.  The conference brought together judges, litigators, corporate counsel and industry experts to discuss the many pressing issues that have emerged in e-discovery practice.  Professor Brian Ray was the driving force behind the conference at C|M, working closely with Mr. Timothy Opsitnick of JurInnov, and Mr. Ted Hiser of Jones Day.

The conference began by convening a practitioner’s roundtable to discuss current and emerging e-discovery issues, then brought in several judges to present the judicial perspective.  Judicial participants included, The Honorable Dan Polster, Judge, U.S. District Court, Northern District of Ohio, The Honorable James R. Knepp, II, Magistrate Judge, U.S. District Court, Northern District of Ohio, and The Honorable Nancy Vecchiarelli, Magistrate Judge, U.S. District Court, Northern District of Ohio.  In addition to co-sponsor JurInnov, industry participants included, representatives from the Cleveland Clinic, Lubrizol, Cooper Tire & Rubber, Squire Sanders & Dempsey, Jones Day, Thorman & Hardin-Levine.  Conference attendees received a tour of C|M|LAW’s new state-of-the-art electronic trial courtroom, complete with demonstrations of the court room’s advanced technology.  Participants were invited to join a new Northern Ohio E-Discovery Roundtable that will convene periodically to continue discussing current trends and best practices in e-discovery.

Wilson and Sterio Speak at Central States Law Schools Conference; Sterio Elected President

Professors Milena Sterio and James Wilson spoke at last week’s Central States Law Schools Association Conference at the University of Toledo College of Law.  Sterio spoke on her work on piracy in Somalia.  Wilson presented his work on three chapters of his upcoming book, The Structure of Class War.

The chapters Wilson discussed are titled, respectively, “The One,” “The Few,” and “The Many.”   The book’s primary technique consists of using the wisdom of the ancient Greeks and The Buddha to demonstrate that most modern conservatives are not very conservative, most liberals not very compassionate, most Republicans not very republican, and most Democrats not very democratic.

Wilson’s three chapters apply the ancient Greeks’ distinction between governments ruled by the one, the few, and the many, to the United States and the global economy.   The chapter on the “One” first compares the symbiotic relationship between the President and the CEOs of major corporations, who are, to use Max Weber’s term, “monocrats.”   The rest of the chapter uses Plato’s political morality to help criticize Professor Posner and Vermeule’s proposal that the President should not be constrained by either “the rule of law” or “separation of powers.”  For example, Plato believed that the best practicable form of government consisted of a wise king who was limited by “the rule of law” created by a public assembly.

The chapter on the “Few” contrasts Plato’s defense of an aristocratic conception of “justice” in The Republic with competing conceptions of “injustice.”   The Republic contains much of continuing value and much to fear.   The next part of the chapter considers Aristotle’s responses, which simultaneously clarifies lingering analytical problems surrounding the “one, the few, and the many” and provides justifications for a republican form of government instead of an aristocratic one.   The final part employs and extends the economic distinction between “predatory” and “productive” modes of wealth accumulation to argue that the political economy of the United States has become increasingly predatory, a precursor to imperial decline.

Professor Sterio spoke on her work on piracy in Somalia.  According to her abstract, the rise of piracy off the coast of Somalia over the last five years has been spectacular, amounting to a true crisis in international law.  During the first six months of 2011, Somali pirates attacked 163 ships and took 361 sailors hostage.  As of June 30, 2011, Somali pirates were holding 20 ships and 420 crew members, demanding millions of dollars in ransom for their release.  Moreover, pirates have been attacking larger ships, such as oil tankers, and using more potent weapons, such as rocket-propelled grenades and automatic weapons.  Pirates have also been attacking during monsoon season, an otherwise risky endeavor.  According to the International Maritime Bureau Director, Pottengal Mukundan, “[i]n the last six months, Somali pirates attacked more vessels than ever before and they’re taking higher risks.”

Sterio concludes that piracy has increased shipping expenses, costing an estimated $10 billion per year in global trade.  She poses and responds to the following questions:  What has sparked this international law crisis off the coast of Somalia?  What can the international community do in order to alleviate the crisis and prevent piracy from spreading to other regions of the world? What should be the way forward?

Professor Sterio, currently Vice President of the CSLSA, was elected President for the upcoming year.  The Central States Law Schools’ Association, is a regional consortium of law schools which has attracted member schools such as Toledo, Akron, Albany Law School, Michigan State, Louisiana State, University of Arkansas-Fayetteville, Texas Tech, Northern Kentucky, SMU, etc.   With Sterio as President, it is likely that C|M|LAW will be the host of next year’s CSLSA annual conference.

For more information about the Central States Law Schools Association, click here:

Plecnik and Sundahl Discuss Choosing the Right Business Entity at Shaker LaunchHouse

Professor John Plecnik and Associate Dean Mark Sundahl gave a joint presentation on October 28, 2012, at the Shaker|LaunchHouse, the new business accelerator in Shaker Heights.  The presentation, “C Corps, S Corps and LLCs…Oh, My!  Choosing the right business entity for your start-up“, was part of the Global Gateway Lecture Series jointly organized by CSU’s Monte Ahuja College of Business Administration and C|M|LAW.  The Shaker|LaunchHouse is a new public-private partnership that fosters entrepreneurial success and job creation through seed capital, education and innovation.

For more information about the Shaker LaunchHouse, see:

For more information about the Global Gateway Lecture Series click here:

Sagers’ Article Selected for the NYU Next Generation of Antitrust Scholarship Conference

Professor Chris Sagers’ paper, Legal Boundaries as Political Economy:  The Scope of Antitrust and a General Theory of the Competition-Regulation Dichotomy, was selected for the NYU Next Generation of Antitrust Scholarship Conference, to be held in January 20, 2012 at NYU.  The event is co-sponsored by NYU, the AALS, and the ABA Antitrust Section.  The paper was selected through a competitive process by a panel senior scholars in antitrust.

Crocker Named to Ohio Death Penalty Task Force

On Monday, October 31, Professor Phyllis Crocker was named by Ohio Chief Justice Maureen O’Connor to a joint task force of the Ohio Supreme Court and the Ohio State Bar Association on the death penalty.  The 21-member task force includes seven judges, four legislators, two prosecutors, two law professors, a sheriff and several others.  Its first meeting will be in Columbus this Thursday.  “The task force will not decide whether Ohio should or should not have the death penalty,” Chief Justice Maureen O’Connor said in a statement. “It will not be on the table for discussion.”  Instead, the task force is charged with determining whether Ohio’s death penalty is being administered fairly.

To see the announcement in the Columbus Dispatch, click here:

Lind Comments on Mortgage Foreclosure Servicers’ Surge in Business

Professor Kermit Lind

Clinical Professor Emeritus Kermit Lind was interviewed for the Washington Post article Good business for bad times:  Mortgage field services, by Brady Dennis, Friday, October 28.  The article addresses the surge in businesses that service the mortgage foreclosure industry.  In particular, the article focuses on a Cleveland-area business, Safeguard Enterprises, that cares for foreclosed upon properties.  Safeguard fixes broken windows, mows lawns, repairs pipes, etc.  Business is booming and critics contend that Safeguard’s founder is “a shill for the banks whose mortgage abuses helped create and exacerbate the crisis.” Lind was asked about the paradoxical situation of Safeguard’s founder — as a businessman making a fortune out of the foreclosure crisis, or as a businessman serving the needs of his clients by caring for their properties. “He’s an apologist of the first order” for mortgage servicers, says Kermit Lind, a housing expert and former Cleveland State University professor. . . “[a]nd why not? They are the ones who are making him rich.” But, Lind adds, “To his credit, he’s tried to position himself as a mediator between the banks and the public. Sometimes it works, sometimes it doesn’t.”

To read the full article, click here: