On January 30, 2013 a team of C|M|LAW students supervised by C|M|LAW Professors Jonathan Witmer-Rich and Doron Kalir filed a Petition for a Writ of Certiorari with the United States Supreme Court. The petition seeks review of State v. Emerson, a recent Ohio Supreme Court decision holding that no person has standing under the Fourth Amendment to challenge the government ‘s use of his or her DNA profile, provided the DNA material was obtained lawfully. The C|M|Law team filed the petition in collaboration with Mr. Emerson’s lawyer, Brian Moriarty (C|M|Law class of 1994), who represented Mr. Emerson before the Ohio Supreme Court and Court of Appeals. While the Supreme Court accepts less than 2% of the petitions it receives, the educational experience was extremely rewarding to all involved. The students on the team were Jamie Ganner, Brendan Heil, Jackie Staple, and Sarah Kendig.
Author Archives: CSU|LAW
Forte Cited in Urofsky’s Great Constitutional Cases and Their Impact
Melvin I. Urofsky, an eminent legal and constitutional historian at Virginia Commonwealth University, has just published Supreme Decisions: Great Constitutional Cases and Their Impact (Westview Press, 2012). The first case he discusses is “The Case of the Disappointed Office-Seeker: Marbury v. Madison (1803).”
In the notes on “Further Reading” at the end of the article, Urofsky states, “Information about the plaintiff is drawn primarily from David F. Forte, ‘Marbury’s Travail: Federalist Politics and William Marbury’s Appointment as Justice of the Peace,” 45 Catholic Law Review 349 (1996).” C|M|LAW Professor Forte is in estimable company in this endnote, as other works cited there are by William Nelson, Kent Newmyer, Charles Hobson, and Richard Ellis, all of whom have written important books on the early Supreme Court, Marshall, Jefferson, and/or Marbury.
Sex, Drugs, Rock, and Roe: Inniss Opines on the 40th Anniversary of Roe v. Wade
C|M|LAW Professor Lolita K. Buckner Inniss’ Op-Ed will appear in tomorrow’s Plain Dealer. Her piece is a commentary on the cultural influences of sex, drugs, and rock and roll on laws impacting access and rights to abortion, including Roe v. Wade. Tuesday is the 40th anniversary of the decision.
The piece is available here: http://www.cleveland.com/opinion/index.ssf/2013/01/sex_drugs_rock_and_roe_lolita.html
Inniss to Speak at Princeton re the Princeton Fugitive Slave
C|M|LAW’s Joseph C. Hostetler-Baker & Hostetler Professor of Law, Lolita K. Buckner Inniss will speak at Princeton University on February 25, 2013. Her lecture, James C. Johnson and the Princeton Fugitive Slave Case, will be presented through the History Department and will focus on Professor Inniss’ research on the history of slavery in the Princeton area.
Details about the presentation are available here: http://www.princeton.edu/history/events_archive/viewevent.xml?id=761
More information, and many photos and facts are available at the Facebook page Professor Inniss created: The Princeton Fugitive Slave: James Collins Johnson, accessible here: https://www.facebook.com/ThePrincetonFugitiveSlaveJamesCollinsJohnson
Crocker Cited by U.S. Supreme Court in Ryan v. Valencia Gonzales
C|M|LAW Professor Phyllis L. Crocker’s article Not to Decide is to Decide: The U.S. Supreme Court’s Thirty-Year Struggle with One Case About Competency to Waive Death Penalty Appeals, 49 Wayne L. Rev. 885 (2004), has been cited in a footnote in the U.S. Supreme Court’s decision in Ryan v. Valencia Gonzales, which was handed down on January 8th. In a unanimous opinion, the Court held that state court defendants on death row have no federal statutory right to an indefinite stay of execution from a federal court if they are incompetent; the proceedings may continue with the attorney alone litigating the case. The Court observed, “At some point, the State must be allowed to defend its judgment of conviction.” Slip op. at 18. The Court also noted that the Gonzales “does not implicate the prohibition against carrying out a sentence of death upon a prisoner who is insane.” Id. at n. 18.
You may view the decision here.
Becker, Snyder and Guttenberg Publish the 3rd Edition of The Law of Professional Conduct in Ohio
Lexis Nexis has published the 3rd edition of The Law of Professional Conduct in Ohio, co-authored by C|M|LAW Professor Susan Becker, C|M|LAW Professor Emeritus Lloyd Snyder and C|M|LAW faculty alum Jack Guttenberg (Capital). It is available both in hard copy and through the Lexis Nexis database. This new edition contains substantial updates and significantly expands its coverage of cutting edge issues such as inadvertent disclosure of confidential client information. It also covers professional conduct rules applicable in the federal district courts located in Ohio and other federal courts.
Sterio Heads to Azerbaijan on Fulbright
C|M|LAW Professor Milena Sterio is heading to Azerbaijan on a Fulbright grant. Read an interview with her about her upcoming adventure here: http://clevelandstate.tumblr.com/post/40179194338/q-a-csu-law-professor-milena-sterio-heads-to
Sterio Presents on the Use of Drones in the War on Terror, and also on the Post-ICC Future of Ad Hoc Tribunals
C|M|LAW Professor Milena Sterio presented her article, The United States’ Use of Drones in the War on Terror: The (Il)legality of Targeted Killings Under International Law, at the International Criminal Law Interest Group Annual Workshop, at the John Marshall Law School in Chicago on December 14, 2012. This article will be published in the Case Western Journal of International Law; it examines the legality of the United States’s use of drones in places abroad. The article raises questions about the CIA’s covert drone operations, and in particular how the US defines the battlefield (where suich drones can be used), the legality of drone targets, and the issue of the identity of drone operators and their location (in offices in the US).
In addition, Sterio submitted an article entitled The Future of Ad Hoc Tribunals: An Assessment of Their Utility Post-ICC to the ILSA Journal of International and Comparative Law. This paper, which will be published by the ILSA journal in 2013, examines the future of ad hoc tribunals in light of the presence of the International Criminal Court and raises the question of whether ad hoc tribunals will ever be useful or necessary in the future, when cases can be sent to the ICC. Professor Sterio presented a paper on this topic at the International Law Weekend conference in New York City in October 2012 (at Fordham Law School).
Boise Elected to Law Deans Executive Committee
At the 2013 Annual Meeting of the Association of American Law Schools (AALS), in New Orleans, Louisiana, C|M|LAW Dean Craig M. Boise was recently elected to the Executive Committee of the AALS Section for the Law School Dean.
Hoke Listed at Popular Author at Bepress Election Law Commons
C|M|LAW Professor Candice Hoke was included in a list of 10 Popular Authors in the Election Law Commons section of Bepress, on electronic, open-access forum for scholarship. See her work via Bepress at: http://network.bepress.com/law/election-law/
CSU Law Faculty 