Author Archives: CSU|LAW

Professor Lewis Presents at Health Law Conference at UC Hastings

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Leon and Gloria Plevin Professor of Law and Director of the Center for Health Law and Policy, Browne Lewis, participated in a panel discussion at the 37th Annual Health Law Professors Conference at the University of California Hastings College of Law in San Francisco, California, on June 6, 2014. Professor Lewis participated on the panel with three other Robert Wood Johnson Foundation Scholars in Residence.  She described her experience as a Scholar in Residence working with the Cleveland Public Health Department (CPHD) to address the public health issue of small cigar smoking among minors. 
 
According to Professor Lewis, the number of young people smoking cigarettes has declined.  However, the number of middle school and high school students smoking small cigars has increased by 124%.  Professor Lewis’ project at the CPHD focused upon the laws that could be put in place to discourage young people from smoking small cigars.  Her recommendations included passing resolutions that ban the sale of small cigars containing flavored tobacco, prohibit the sale of small cigars in packs of less than twenty, and require point-of-sale warnings about the dangers of tobacco use.  Professor Lewis also proposed that the CPHD take steps to education parents and children about the negative health consequences of smoking small cigars.

Sterio Participates in Radio Show “Talking Foreign Policy”

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The Charles R. Emrick Jr. – Calfee Halter & Griswold Professor of Law and Associate Dean for Faculty Enrichment, Milena Sterio, participated in the “Talking Foreign Policy” radio show on WCPN 90.3 on June 5. Professor Sterio has been a regular participant in this quarterly radio show, hosted by Interim Dean and Professor Michael Scharf of Case Western Reserve University School of Law, and dedicated to the discussion of current foreign policy issues.  This episode, entitled “Russian Roulette: Ripples from Ukraine,” focused on the crisis in Ukraine and the American-Russian relations as this crisis unfolds.  Other participants included Professor Paul Williams of American University Washington College of Law, and Dr. Shannon French, Director of Case Western’s Inamori Center for Ethics and Excellence.  This episode will be broadcast on WCPN 90.3 on Tuesday, June 10, at 9:00 p.m.

Professor Kalir Presents at the Association of American Law Schools’ Midyear Meeting

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Clinical Professor of Law Doron Kalir presented on Friday, June 6, at the AALS Workshop on Sexual Orientation and Gender Issues, part of the 2014 Midyear Meeting in Washington, D.C. Professor Kalir presented his work-in-progress article, “Same-Sex Marriage & Jewish Law: Time for a New Paradigm?” Audience members included colleague Professor Matthew Green, as well as professors from Columbia, NYU, and Indiana Law Schools.   

Professor Ray Presents at Law and Society Annual Meeting

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Joseph C. Hostetler-Baker & Hostetler Professor of Law Brian Ray presented several draft chapters from his forthcoming book, Social Rights, South Africa and the Promise of Engagement (forthcoming with Cambridge University Press) at the June 2014 Law & Society Association meeting in Minneapolis, Minnesota.  Professor Ray also chaired a panel on differing approaches to judicial interpretation at the same conference.

Professor Lewis Publishes New Article

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Leon and Gloria Plevin Professor of Law Browne Lewis published a new article, Due Date: Enforcing Surrogacy Promises in the Best Interest of the Child, 87 St. John’s L. Rev. 899.  In the article, Professor Lewis argues that the courts should apply contract principles and not family law principles to resolve surrogacy disputes.  Since children are unique, Professor Lewis argues, courts should presume that the contract should be specifically enforced.  As a result, the intended mother should be adjudicated the legal mother.  However, Professor Lewis further argues that the surrogate should be able to present evidence of changed circumstances to rebut the presumption of specific performance and permit the court to determine maternity based upon the best interests of the child.  Congratulations to Professor Lewis on this new publication.

Sterio Speaks on Syria at Law and Society Annual Meeting

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Professor Milena Sterio spoke on the legality of unilateral humanitarian intervention in the context of Syria, at the Law and Society Annual Meeting in Minneapolis, Minnesota, on May 29.  The title of Professor Sterio’s remarks was: “The (Il)legality of Unilateral Humanitarian Intervention in Syria.”  Professor Sterio’s argument was that unilateral humanitarian intervention in internal conflicts, such as the one in Syria, should be “legalized” under a carefully developed normative framework.  Professor Sterio will be publishing a version of this paper with the Brooklyn Journal of International Law later this year.  

Davis Speaks to Travel Writers on Copyright and Fair Use

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On May 3, 2014, C|M|LAW Professor Michael Davis spoke at the Society of American Travel Writers annual conference at the Cleveland Convention Center. The title of his presentation was “Copyright and Fair Use.” The discussion centered on the internet. Writers and editors who participated in the discussion expressed confusion regarding whether posted pictures or text are free when taking them from the internet, or whether aggregators have a right to aggregate material found there. In addition, the question was raised whether editors could freely take from the internet as well. Professor Davis explained that the answer to almost all the questions was no: legally, all those copies are copyrighted.  With very few exceptions, and depending upon how much material they took, the context of the taking, the nature of the work, and effect on the original author’s potential market, material might or might not be available for fair use.

Becker and Green Speak on LGBT Rights in Ohio

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On May 16, 2014, C|M|LAW Professors Susan Becker and Matthew Green spoke at a free CLE program entitled “A Legal Overview of LGBT Rights in Ohio.”  This program was presented in conjunction with a free legal clinic set up to assist members of the lesbian, gay, bi-sexual or transgendered (“LGBT”) community with issues such as discrimination, name changes, family law, and immigration. It was sponsored by the Cleveland Metropolitan Bar Association, Equality Ohio, the Spanish-American Committee, the Legal Aid Society of Cleveland, and Nueva Luz Urban Resource Center.

Professor Susan J. Becker

Professor Susan J. Becker

Professor Becker spoke on the status of same-sex marriage, gave a brief overview of the history of the issue from the 1971 Baker v. Nelson case in Minnesota through the Windsor v. U.S. case decided by the U.S. Supreme Court last summer. Most of her talk focused on the significant changes to federal law (Social Security, taxes, Medicare, Family Leave Act, etc.) since Windsor which extend benefits to same-sex marriage couples.  She also focused on the status of the 49 cases now pending in federal courts that will likely lead to a U.S. Supreme Court decision on the constitutionality of states denying marriage to same sex couples. Finally, she spoke about the status of the law in Ohio for LGBT families.

 

Professor Matthew Green

Professor Matthew Green

Professor Green explained that despite decades of repeated attempts, Congress has yet to enact federal legislation to ensure equality in employment for LGBT employees. Although protections under some state and local laws exist, a significant number of LGBT workers are without legal protection.  Despite these truths, the legal landscape is complex and warrants study, considering LGBT workers face stubbornly persistent and widespread workplace discrimination.  To that end, it is imperative that LGBT workers, allies and advocates understand the current legal landscape as well as potential hurdles to protection.  Despite the dearth of legislation directly protecting LGBT workers, courts have used stereotyping theory and changing understandings of the concept of “gender” to protect LGBT workers under extant discrimination law.  Moreover, the U.S. Supreme Court’s recent, plaintiff-friendly retaliation decisions may further serve as a vehicle in some instances to protect LGBT workers from discrimination, albeit indirectly.  In addition to this complex legal landscape, emerging issues with respect to religion and the workplace may well present new challenges for LGBT workers in their quest for equality in employment.

Weinstein Presents on Content-Neutrality in Sign Regulation at Planning Conference

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Professor Alan Weinstein

Professor Alan Weinstein

C|M|LAW and Levin College of Urban Affairs Professor Alan Weinstein organized and served as a participant on a panel entitled “The Content-Neutrality Issue in Sign Regulation” at the 2014 American Planning Association (APA) national conference in Atlanta, Georgia, on April 30, 2014. Other panelists included Brian Connolly, a planner/attorney in Denver, Colorado, and Randall Morrison, an attorney in San Diego, California. The session focused on the conflicting views of content-neutrality among the U.S. Circuit Courts of Appeals, with the speakers favoring the more liberal approach taken in the Third, Fourth, Sixth and Ninth Circuits as opposed to the stricter approach in the Eighth and Eleventh Circuits.

Plecnik Quoted in Tax Notes Today on Reducing the Error Rate for the Earned Income Tax Credit

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Professor John Plecnik

Professor John Plecnik

C|M|LAW Professor John Plecnik was quoted in Tax Notes Today, this morning, on reducing the error rate for the earned income tax credit.

The following quote appeared in EITC ERROR RATE GROWS; IMPROPER PAYMENTS TOP $ 13 BILLION, 2014 TNT 93-3:

“John T. Plecnik of Cleveland State University’s Cleveland-Marshall College of Law told Tax Analysts that increasing the IRS’s budget is one way to address EITC errors. Every increase in the IRS budget results in more tax revenues collected or fewer dollars inappropriately granted as credits, he said.

“I think solution number one is the IRS is underfunded, and they frankly need to have a larger enforcement budget if we expect them to have a more accurate administration of the earned income tax credit or any other program,” Plecnik said.

Another solution is for the IRS to wait to confirm the information on a return before issuing a refund, Plecnik said. “We shouldn’t be pushing the IRS to issue refunds preemptively,” he said. “Maybe that means people don’t get their refund until April or May as opposed to February, but I think that’s a small price to pay to avoid putting out billions of dollars in inappropriate credits.”