C|M|LAW Professor David Forte was recently re-appointed to a third two-year term to he Ohio Advisory Committee to the United States Commission on Civil Rights.
In addition, the Ohio State Law Journal has accepted Professor Fore’s article entitled, Life, Heartbeat, Birth: A Medical Basis for Reform. It is due out this spring.
C|M|LAW Professor and Associate Dean Heidi Gorovitz Robertson appears as a Guest Blogger in this week’s Crain’s Cleveland Business. Her post, Lessons from the Gulf: The Value of Emergency Planning suggests that emergency planning and preparedness for disaster was woefully inadequate in the Gulf of Mexico. The shortcomings there have been well documented. Robertson suggests that as Ohio rushes to develop its potentially lucrative shale oil and gas resources, it learn from the Gulf and make appropriate site specific plans for emergency response.
The post appears as part of Crain’s Ohio Energy Report. See the post here:
http://www.crainscleveland.com/article/20130208/BLOGS05/130209796/1241/newsletter04
C|M|LAW Professor Patricia J. Falk’s article, Rape by Fraud and Rape by Coercion, 64 Brook.L.Rev. 39, (1998), was cited by the California Court of Appeals in The People v. Morales. The court is discussing whether fraudulent impersonation in the inducement of intercourse constitutes fraud in fact, and vitiates consent.
The court first references Falk’s article at page 9. See the opinion here: http://www.courts.ca.gov/opinions/documents/B233796.PDF
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.
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
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.
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.
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
