Ray Writes on South African Court’s Emphasis on Procedure in Policy Decisions

C|M|LAW’s Joseph C. Hostetler – Baker & Hostetler Professor of Law Brian E. Ray recently published a blog post entitled South African Informal Traders Forum and Others v The City of Johannesburg and Others: A Promising Start by the South African Constitutional Court, on Oxford Human Rights Hub.  In that decision, the South African Constitutional Court enjoined the City of Johannesburg from evicting informal traders in the inner city.  Regarding this decision, Ray writes “Departing sharply from its normal procedures, the South African Constitutional Court recently issued what we in the States would call an “interim injunction” in a case pending before the South Gauteng High Court called South African Informal Traders Forum and Others v The City of Johannesburg and Others (“SAITF”). The order prohibits municipal authorities in Johannesburg from “interfering” with the activities of multiple street traders in the city center who are lawfully licensed to trade by the City.

Ray notes that the temporary injunction in the SAITF case is an example of this Court playing a stronger procedural role in policy decisions. Recent cases show that, “when operating in a role that it can safely characterize as procedural—especially when faced with a policy that either completely ignores or actively infringes upon social rights—the Court has been much more willing to exercise its authority to at least temporarily stop implementation of a challenged policy, and sometimes even to change it.”

To read this post, click here:  

http://ohrh.law.ox.ac.uk/?p=4546

Sterio Quoted in Mauritias Press Article on Somali Piracy

C|M|LAW’s Calfee Halter and Griswold Professor of Law Milena Sterio was quoted recently in an article that appeared in LeMauricien.com, regarding the work being done by lawyers in that country in the area of Somali piracy.  Sterio has worked with other American lawyers and law professors to support the efforts of Mauritias and other countries in prosecuting Somali pirates.  Sterio outlined the growing problem of child piracy, saying it has emerged as “one of the most difficult legal issues.” She said that most child pirates are released upon capture or immediately after trial and as a result the Somali pirate kingpins are recruiting more and more of them, telling the juveniles that they have nothing to fear if captured.

To read this article, see:

http://www.lemauricien.com/article/somali-piracy-comes-ashore-mauritius-pirates-are-detained-and-trialed-island-courts

Crocker Named Dean of University of Detroit Mercy College of Law

Professor Phyllis L. Crocker

Professor Phyllis L. Crocker

C|M|LAW Professor of Law Phyllis L. Crocker, who has served C|M as a Professor, as Associate Dean for Academic Affairs and as Interim Dean, has been named the new Dean of the University of Detroit Mercy College of Law.  Congratulations, Dean Crocker!  C|M|LAW is proud of you.

To read the announcement, click here:

http://www.law.udmercy.edu/index.php/17-news/534-phyllis-l-crocker-named-university-of-detroit-mercy-school-of-law-dean

Lewis Speaks at Michigan State about Terminally Ill Minors and Physician-Monitored Suicide

On Friday, Browne Lewis, C|M|LAW’s Leon and Gloria Plevin Professor of Law and Director of the Center for Health Law and Policy spoke at Michigan State University School of Law at a symposium entitled “Living With Terminal Illness: Should Adolescent Minors Make Decisions at the End of Their Lives?.”  The title of her talk was “Pain Matures: Terminally Ill Minors and Physician-Monitored Suicide”  and it focused upon the recent decision by the Belgium Senate to expand the availability of euthanasia to minors suffering from incurable physical and mental diseases. She discussed the ethical issues that would arise if, in the United States, we permitted terminally ill minors to select physician-assisted suicide.  In addition, she emphasized that the current legal regime contains inadequate safeguards to protect minors.  Lewis opined that if we allow doctors to prescribe lethal medication to be used by terminally ill minors to end their lives we need to ensure that the process is monitored by an independent third-party.  In addition, the law should be amended to include a mandatory reporting requirement for physicians and other health care providers who suspected that the minor was being pressured into taking the medication.

Kalir Speaks to CMBA International Law Section on U.S./Israeli Comparative Law

On February 2, 2014, C|M|LAW Clinical Professor Doron Kalir presented “The U.S. & Israeli Legal Systems: How Similar Are We?” to the International Law Section of the Cleveland Metropolitan Bar Association. (The section is Chaired by Associate Dean Mark Sundahl). The lecture examined the similar common-law backgrounds shared by the two legal systems, as well as some more current differences in constitutional and Supreme Court practice.  Kalir has argued successfully several times before the Israeli Supreme Court and is currently a member of the United States Supreme Court bar.

Steinglass Speaks on Ohio Constitutional History and Modern Revision

Steven H. Steinglass, C|M|LAW’s Dean Emeritus and Professor Emeritus, made several presentations this fall on Ohio constitutional history and revision.

On September 23, 2014, he made a presentation to Ohio teachers at the Law and Citizenship Conference sponsored by the Ohio Center for Law-Related Education.  The presentation was on What Every Ohio Teacher Should Know about the Ohio Constitution.

On October 11, 2014, he presented Constitutional Revision–Ohio Style at a Symposium at Wayne State University Law School Celebrating the 50th Anniversary of the Michigan Constitution and the Evolution of State Constitutionalism.

On October 18, 2014, he delivered comments at a program at the National Constitution Center in Philadelphia recognizing the 25th anniversary of the Rutgers University Center on State Constitutional Law.  The principal lecture was delivered by Professor Sanford Levinson of the University of Texas Law School, whose book Framed addresses issues of constitutional structure and constitutional change in the US Constitution and the constitutions of the states.  Dean Steinglass’s comments were in reaction to Professor Levinson’s lecture.

Mika Advocates for Including Drafting and Transactional Classes in Legal Writing Programs

C|M|LAW Legal Writing Professor Karin Mika has published, in the Fall/Winter Edition of The Second Draft (a newsletter published by the Legal Writing Institute): A Third Semester of LRW: Why Teaching Transactional Skills and  Problems is Now Essential to the Legal Writing Curriculum.  The article advocates including drafting and transactional courses in Legal Writing programs to better prepare students for practice.  The article also advocates teaching various upper level skills courses so that students learn “soft skills,” such as dealing with clients and understanding their personal legal needs.

Sterio to Edit Cambridge Piracy Volume and Piracy Blog

Professor Milena Sterio

Professor Milena Sterio

Cambridge University Press has agreed to publish an edited piracy volume, for which C|M|LAW’s Charles R. Emrick Jr. – Calfee Halter & Griswold Professor of Law Milena Sterioshe will serve as one of three main editors. The other two editors are Professor Michael Scharf  (Case) and Professor Michael Newton (Vanderbilt).  Sterio will also write two chapters for the volume.  

In addition, Sterio and Scharf have become editors-in-chief of www.piracy-law.com, a blog dedicated to maritime piracy.  

Finally, Sterio was elected Secretary of the International Human Rights section of the AALS, as well as a member of the Executive Committee of the International Law section of the AALS.

Lewis Writes about the Certainty of Death and Taxes

C|M|LAW’s Leon and Gloria Plevin Professor Law and Director of the Center for Health Law and Policy Browne Lewis published Linking the Certainty of Death and Taxes in the Trusts and Estates edition of Jotwell on January 13, 2014.  In this article commentary, Lewis reviews Reid Kress Weisbord’s article, Wills For Everyone: Helping Individuals Opt Out of Intestacy, which was published earlier this year in the Boston College Law Review (53 B.C.L. Rev. 877 (2012)).  Lewis praises Weisbord’s attempt to simplify the testamentary process.  She agrees with his assertion that in failing to execute a will, most people are not fearing their own mortality and instead are just not willing or able to navigate a complicated testamentary process.  She supports his suggestion to make executing a will more like filing a simple tax return, when possible.  In sum, she praises his efforts to reduce the rate of intestacy by simplifying the testamentary process.

To see Lewis’ article, click here: http://trustest.jotwell.com/

O’Neill Comments on California Decision Upholding the State’s Ban on Psychiatric Counseling to Dissuade Homosexual Conduct

Professor Kevin F. O'Neill

Professor Kevin F. O’Neill

C|M|LAW Professor Kevin O’Neill was quoted at length in an article,1st Amendment at issue in ban on gay-conversion therapy for minors, by David L. Hudson Jr., in
the January 2014 issue of the ABA Journal, on page 18.   The article deals with a recent Ninth Circuit decision upholding a California statute that bans a type of psychiatric therapy designed to dissuade gay and lesbian minors from homosexual conduct.  Professor O’Neill was asked to comment on the court’s First Amendment analysis.

According to O’Neill, “[p]laying the old ‘conduct-not-speech’ card is something that judges do when faced with particularly thorny speech issues . . .” He adds, “I don’t find it persuasive here, but it gave the 9th Circuit a convenient basis for applying rational-basis review.”

O’Neill says “[t]he statute singles out a particularly ludicrous treatment—a ‘medical’ treatment that is grounded upon ignorance and hostility toward gays and lesbians—and simply bans it. but the ugliness of the treatment doesn’t provide a constitutional basis for banning it.”

O’Neill notes that the Supreme Court invalidated “efforts to ban some of the ugliest speech ever” in the prohibition of images of animal cruelty in U.S. v. Stevens (2010) and violent video games in Brown v. Entertainment Merchants Association (2011).

“If you’re going to uphold this statute, you have to focus on the government’s legitimate power to protect children from medical quackery,” O’Neill says. “But that doesn’t fit too easily into any of the unprotected categories of speech, such as obscenity, child porn, true threats or advocacy of imminent lawless action. The absence of clear guidance in First Amendment law may be a strong reason for granting cert in this case.”

Here is a link to the article:

http://www.abajournal.com/magazine/article/1st_amendment_at_issue_in_ban_on_gay-conversion_therapy_for_minors/

Professor O’Neill’s comments appear toward the end of the article, in a section entitled, “Beyond Ugliness.”