Professors O’Neill and Weinstein Write Book Chapters for Forthcoming ABA Treatise on First Amendment Law

A new book — Local Government, Land Use, and the First Amendment — will be published later this year or early in 2017 and will feature two chapters by Cleveland-Marshall College of Law Faculty, Professors Kevin O’Neill and Alan Weinstein. The book is a First Amendment law treatise by the American Bar Association.
Professor O’Neill’s chapter is entitled: The Regulation of Public Protest: Mass Demonstrations, Marches, and Parades. Professor Weinstein’s chapter is entitled Land Use Regulation Under the Religious Land Use & Institutionalized Persons Act.  

 

Professor Browne Lewis Presents at Wills, Trust and Estates Meets Gender, Race and Class Conference

Leon M. and Gloria Plevin Professor of Law Browne Lewis presented at the Second Wills, Trust and Estates Meets Gender, Race, and Class Conference.  Professor Lewis’ presentation was entitled Beyond Sex: The Inheritance Rights of Children Conceived Using Assisted Reproductive Technology.  The intestacy system was created when families were primarily formed by procreation in a marriage. Therefore, marital children have often been give preferential treatment when it comes to inheriting under the intestacy system.  As a consequence of the availability and use of assisted reproductive technology, families are being created in a variety of ways.  For example, some mothers have been permitted to have sperm extracted from the bodies of their dead sons, so they can conceive their own grandchildren. In addition, some gay men have purchased donor eggs and hired surrogates in order to achieve fatherhood.  The intestacy succession laws have not kept up with the technology.  Consequently, children conceived using assisted reproductive technology may not be afforded the opportunity to inherit under the intestacy system.   As a result, those children may be disadvantaged because of the manner in which they were conceived. State intestacy laws need to be modified to reflect the fact that there is no longer a default “traditional” family. Children are given preferential treatment under the intestacy system because legislators assume that parents want their property to go to their children after they die.  That assumption should not be negated by the fact that a child is not conceived through sexual intercourse.  Persons using assisted reproductive technology are often desperate to have children. Therefore, it is reasonable to conclude that those persons would want their children to inherit if they die intestate.

Professor Sterio to Publish Articles in Emory Journal of International Law and German Yearbook of International Law

Professor and Associate Dean Milena Sterio will publish her article, “The Karadzic Genocide Conviction: Inferences, Intent, and the Necessity to Redefine Genocide,” in the Emory Journal of International Law.  Professor Sterio’s article analyzes the recent Yugoslavia Tribunal’s conviction of the former Bosnian Serb leader, Radovan Karadzic, on genocide charges, and argues in favor of a broader interpretation of the definition of genocide under the Genocide Convention.  Professor Sterio’s article has been accepted, after a blind peer-reviewed paper competition process, for the American Society of International Law Research Forum, which will take place in Seattle on November 10-12 and where Professor Sterio will present this article.

Professor Sterio will also publish an article entitled “‘Frozen Conflicts’ and Secession: The Nagorno-Karabakh Region” in the German Yearbook of International Law (GYIL).  The GYIL is edited by the Walther Schücking Institute for International Law at the University of Kiel, the oldest university institute for public international law, founded in 1914. Professor Sterio’s article will appear in Volume 59 (2016).

 

Civil Litigation Students Earn Important Victories

Students enrolled in the Civil Litigation Clinic during spring 2016 participated in several important cases and were successful in various litigation efforts, including in the areas of unemployment compensation, consumer law/debt collection, cause lawyering, immigration appeals and alternative dispute resolution.  Student were supervised by professors Ken Kowalski, Doron Kalir, and Joseph Mead.  For a more detailed account, please visit the following link.

Professor Lewis Publishes “The Law of Wills” with eLangdell Press

Leon M. and Gloria Plevin Professor of Law Browne Lewis published, The Law of Wills, her second electronic book with eLangdell Press.  The book is meant to be used in conjunction with Professor Lewis’ previous electronic book, The Law of Trusts.  The purpose of the casebook is to train law students to think and act like estate planning attorneys. The book’s focus is problem-solving and legal application; the book includes numerous problems, so law students can learn to apply the law they learn from reading the cases. It also contains collaborative learning exercises to encourage students to engage in group problem-solving. The book is divided into three parts to reflect the main types of issues that students will encounter if they practice estate planning law. The book’s organization mirrors the manner in which estate planning law is practiced in the real world. The book is available to law students at no cost and can be downloaded here.

Professor John Plecnik Quoted in August 11th Issue of Tax Notes

Professor John Plecnik was quoted in the August 11 issue of Tax Notes, in an article entitled “Efficacy of Treasury’s Data-Driven EITC Projects Questioned.”
John T. Plecnik of Cleveland State University’s Cleveland-Marshall College of Law pointed to the potential flaw in the two studies examining how mailings can influence taxpayer behavior. “Well, we’ve already seen that correspondence is the least effective way to communicate with low-income taxpayers,” he said. “From my perspective it’s somewhat troubling that there’s still this mail correspondence model as opposed to opening up more opportunities for low-income taxpayers to talk to another human being.”
 
The IRS should at least run a pilot program to see what difference it would make to “grant more access to a person,” said Plecnik.
 
“What we haven’t studied is what if there was a help line that was well staffed, easily accessible, where low-income taxpayers could call someone who knows enough about the earned income tax credit to deal with their hypothetical and give them a real answer as to what their obligations are,” he said. “I don’t think the IRS has ever attempted that.”
 
The IRS has expressed its intention of moving much of its interaction with taxpayers to an online format, which has drawn criticism from Olson. (Prior coverage (Doc 2016-13918).)
 
And a hotline would only solve voluntary compliance issues, Plecnik said.
 
“We’re always dealing with half measures when we’re paying before we fully verify a taxpayer’s information,” he said. “If we’re really serious about dealing with refundable credit tax fraud, we should have verification before payment in all cases.”

Professor Karin Mika Presents at McGeorge Law School, at the LWI Conference, and at Rocky Mountain Regional LW Conference

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Professor Karin Mika

Professor Karin Mika presented at the following conferences over the summer and spring 2016:

 

Cultivating Professional Identity Through Personal Connection at the Earliest States of Law School: The Evening Student, presented at the Western Regional Legal Writing Conference, August 5-6, 2016 (University of the Pacific, McGeorge Law School, Sacramento, California).

Amphibious Pitchers, Slaves in Ireland, and Issues with Public Education—The Modern Trend Regarding Carelessness in Communication and How it Affects What We Do in the Classroom, presented at the LWI Biennial Conference, July 10-13, 2016 (Portland, Oregon).

What Brain Games Taught me about Teaching, presented at the Rocky Mountain Regional Legal Writing Conference, March 18-19, 2016 (University of Arizona Law School, Tucson, Arizona).

 

Professor Ray Travels to South Africa to Promote New Book and Conduct Research under CSU FSI Grant

Professor Brian Ray traveled to South Africa from August 9-20 to promote his recently published book Engaging with Social Rights: Procedure, Participation and Democracy in South Africa’s Second Wave and to conduct research on evictions and housing rights as part of a CSU Faculty Scholarship Initiative grant.
The University of Johannesburg’s South African Institute for Advanced Constitutional, Public, Human Rights and International Law is hosted the Johannesburg launch of the book on August 10 sponsored by the Konrad-Adenauer Siftung Foundation and featuring an introduction by Justice Richard J. Goldstone (ret.).  Stellenbosch University’s Socio-Economic Rights and Administrative Justice Project hosted the Western Cape launch on August 16 with Professor Sandra J. Liebenberg who was recently elected the African States representative to the United Nations Committee on Economic, Social and Cultural Rights.
During the trip Professor Ray taught a graduate seminar on participatory remedies in social rights litigation at Stellenbosch and also was the keynote speaker at a Roundtable on Meaningful Engagement at the University of the Western Cape and presented a paper on his recent research on housing rights at the University of Cape Town.

 

C-M Law and College of Urban Affairs Host Students from Kenyon College Summer Legal Scholars Program

On June 8, the College of Law and College of Urban Affairs hosted a group of students from the Kenyon College Summer Legal Scholars Program. Accompanied by Professor Ken Kowalski, the Kenyon students first observed criminal proceedings (housing code violations) at the Cleveland Housing Court and then met with Housing Court Judge Raymond Pianka, a C|M alumnus, in his chambers. The Judge talked about the special jurisdiction of the Housing Court and what the students had just seen. The students then observed eviction court proceedings, after which the Magistrate explained the process and answered questions.
 
After their morning at the Housing Court, the students then came to the law school for a lunchtime seminar that featured a discussion about research on the legal issues of the poor being done by Urban College Professors Joe Mead and Rosie Tighe. Professor Tighe discussed her research on NIMBYism (Not In My Back Yard) while MPA Student Tanesha Hunter discussed the ways in which Fair Housing laws protect, and fail to protect, low-income recipients of housing vouchers.  Professor Mead then discussed his work on the criminalization of homelessness.  The Kenyon students finished their day with a visit to the Rock and Roll Hall of Fame and Museum.

Professor Geier Quoted in Article Published in Crain’s Cleveland Business Regarding C-M Law’s 3 + 3 Agreements

Professor Deborah Geier was quoted in an article published in Crain’s Cleveland Business regarding C-M’s 3+3 agreements, which permit eligible students from Lake Erie College, Ursuline College, and the University of Findlay to complete both their undergraduate and law degrees in 6 years (rather than 7). The article, “A Bachelor’s and Law Degree in Six Years? Maybe,” can be found here: http://www.crainscleveland.com/article/20160723/NEWS/160729929/a-bachelors-and-law-degree-in-six-years-maybe.

The article describes the 2014 rule change made by the Ohio Supreme Court that permits Ohio law schools to enter into these agreements for the first time. Professor Geier, who chairs the Admissions Committee, is quoted as saying that C-M was interested immediately in pursuing this option “because the school strives to keep costs low for students.” The program is a “win-win” because “students are able to save a year of undergraduate tuition, while the law schools are able to draw the kind of efficient and organized students attracted to this kind of program…. While employment in the legal field has has taken a hit, she said the students who succeed in an accelerated program are likely to be the kind of students who will do well in the industry…. ” The article closed by saying, “While Geier doesn’t expect these 3+3 programs to produce a large number of law school graduates, she does think it will be a trend going forward. Schools can’t continue to do things the way they’ve always done them, she said. They have to be flexible and open to change so that they can best serve students. ‘Students really are the center of our universe,’ Geier said.”