C|M|LAW Professor and Associate Dean Mark Sundahl was quoted in this week’s issue of Crain’s Cleveland Business News in an article regarding the recent decision to make permanent the commercial docket at the Cuyahoga County Court of Common Pleas. A three-year pilot program in which the operation of a commercial docket was tested returned favorable results, which led to the decision by the County Court judges to make the docket permanent. The commercial docket creates, in effect, “commercial courts” that are presided over by judges appointed to handle the cases on the docket. By hearing a greater volume of commercial cases, the judges have the opportunity to gain familiarity with business issues and expertise in commercial law. In the article, Sundahl states that “[t]he quick resolution of disputes and the ability of a business to have confidence in the consistent and fair application of the law allows for businesses to operate in an environment of certainty and predictability. All of this lowers the cost of doing business and increases the profit margin.”
You may access the article here:
Category Archives: Faculty News
Plecnik Quoted in Tax Notes Today Regarding Recent Cases on the Earned Income Tax Credit
C|M|LAW Professor John Plecnik was recently quoted in Tax Notes Today. The quote was in regard to two cases in U.S. Tax Court that Professor Plecnik is supporting pro bono as co-counsel with Cleveland Legal Aid. Both cases involve the so-called Earned Income Tax Credit (EITC) ban under section 32(k) of the Internal Revenue Code.
An excerpt from the article, entitled TAXPAYER ADVOCATE CRITICIZES IRS
USE OF EITC BAN, PLANS REVIEW, follows:
Plecnik said one might be left with the impression that there is no standard at all for imposing the ban on taxpayers, adding that he thinks the IRS is using the dictionary definitions of reckless or intentional disregard. However, the legislative history for section 32(k), in which the ban can be found, shows that section 6662, which does have a clear
definition of reckless or intentional disregard, was referenced in relation to section 32(k), he said.
“I think that the correct definition is best laid out in the regulations to 6662, where disregard is reckless if the taxpayer makes little or no effort to determine whether a rule or regulation exists under circumstances which demonstrate a substantial deviation from the standard of conduct that a reasonable person would observe,” Plecnik said. “There are tons of cases dealing with when it’s appropriate to apply 6662 penalties, and they typically don’t apply where someone goes to a return preparer in good faith, essentially does their best, and says, ‘Hey, I’m paying you, get it done,’ and gives them all the information as best they can.”
Robertson Posts on Ohio DNR’s Revised Rules for Drillers in Crain’s Shale Report
C|M|LAW Associate Dean and Professor Heidi Gorovitz Robertson recently posted ODNR Revises the Rules on Unitization in Crain’s Cleveland Business’ Shale Report. The Ohio Department of Natural Resources recently revised its rules for oil and gas companies seeking to “unitize” large swaths of land for shale gas drilling. Longstanding state law — Ohio Revised Code section 1509.28, enacted some 48 years ago — allows drilling operators to request that ODNR approve a designated drilling unit, even if it means including land against some landowners’ wishes. Ohio property owners’ land can thus be “unitized” against their will. ODNR grants the unitization request if the driller’s access to that land is predicted to yield substantially more oil and gas from the pool than would be produced without access to that land, and the added value of that extra oil and gas makes the whole operation cost effective.
Under the revised rules, the agency put in place and clarified the requirements for what the applicant must provide in order for the agency to grant a unitization request. Requirements range from the mundane — a cover letter requesting unitization — to more complex factors, such as the identification of the geologic formation(s) to be developed, an estimate of the value of the recovery of oil and gas for each well proposed to be drilled in the unit area, and an estimate of the cost to drill and operate a well in the proposed unit –and much,much more.
The process seems far from trivial and can yield 100+ page applications. However, despite this major effort to clarify and intensify the unitization application procedures, ODNR’s decisionmaking process still lacks any formal or required mechanism for considering specifically any rights or wishes of the affected landowner.
To read this blog post, see:
http://www.crainscleveland.com/article/20130701/SHALEBLOGS/307019960
Robertson is a regular to contributor to Crain’s Shale Report. To read her other posts, see:
Sagers Quoted Again on Apple Case Following the Trial Court’s Verdict
Professor Chris Sagers
Chris Sagers, C|M|LAWs James A. Thomas Distinguished Professor of Law, was widely quoted in press coverage of the historic verdict in the Justice Department’s antitrust suit against computer maker Apple. The government showed, to the trial court’s satisfaction, that Apple orchestrated a price-fixing conspiracy among five major publishers of eBooks for sale in its iBookstore. Sagers was quoted in the Wall Street Journal’s online technology blog Digits [http://blogs.wsj.com/digits/2013/07/10/how-apple-ruling-could-affect-itunes-group/], in two stories in Publisher’s Weekly (one here [http://www.publishersweekly.com/pw/by-topic/digital/content-and-e-books/article/58166-apple-loses-judge-finds-price-fixing-in-e-book-case.html] and one here [http://www.publishersweekly.com/pw/by-topic/digital/retailing/article/58240-with-the-verdict-in-what-s-next-for-apple.html]), a Bloomberg News story [http://www.bloomberg.com/news/2013-07-11/amazon-seen-gaining-advantage-with-apple-s-e-book-defeat.html] that was also carried in the Kansas City Star [http://www.kansascity.com/2013/07/11/4340821/other-retailers-could-gain-an.html], a story in the Global Competition Review [http://globalcompetitionreview.com/news/article/33793/apple-e-books-agreements-violated-us-antitrust-law/], and a featured interview in Competition Policy International [http://archive.constantcontact.com/fs193/1111629548505/archive/1114105687648.html].
Some of his comments were also picked up in stories in Crain’s Cleveland Business [http://www.crainscleveland.com/article/20130715/BLOGS03/130719888], Cleveland radio station FM 107.9 [http://zhiphopcleveland.com/4057322/cleveland-state-law-prof-hits-wall-street-in-i-tunes-debate-inventingthefuture/], and in several industry and financial blogs (see, e.g., here [http://kindleworld.blogspot.com/2013/07/doj-apple-lawsuit-clues-on-last-day-of.html], here [http://wallstcheatsheet.com/stocks/apples-e-book-loss-is-making-amazon-very-happy.html/?a=viewall], and here [http://wraltechwire.com/advantage-amazon-after-apple-s-e-book-court-defeat/12655021/]).
Becker Speaks on Marriage Equality Before and After Windsor and Perry
C|M|LAW Professor Susan J. Becker gave a presentation titled “Marriage Equality in the U.S. Before and After Windsor and Perry” at the Cleveland ACLU on July 11 and at the Columbus Urban League on July 16. She will give a similar presentation at the Clifton Cultural Art Center in Cincinnati on Aug. 8th.
A webcast of her Cleveland presentation is available here:
Brian Ray, C|M|Law Fulbright Scholar in South Africa, is Named the Joseph C. Hostetler-Baker & Hostetler Professor of Law
Professor Brian E. Ray
Congratulations to Brian Ray, currently serving as a Fulbright Scholar in South Africa, who was recently named by C|M|LAW Dean Craig M. Boise to serve as the Joseph C. Hostetler-Baker & Hostetler Professor of Law.
Ray has recently published a book review of Sandra Liebenberg’s Socio-Economic Rights. Adjudication under a Transformative Constitution in the European Journal of International Law 2013 24: 739-744. It’s available here: http://ejil.oxfordjournals.org/content/24/2.toc
Ray also recently helped organize a half-day conference “Meaningful Engagement as a Political Process: Understanding the Roles of Government, Communities, Civil Society and Courts.” The Community Law Centre’s Socio-Economic Rights Project hosted the event on May 30 at the University of the Western Cape and Stellenbosch University’s Socio-Economic Rights and Administrative Justice Project co-sponsored. The roundtable discussion brought together government officials, civil society groups active in socio-economic rights and citizen leaders to discuss ways to implement the constitutional requirement that government “meaningfully engage” with people and civil society when developing social welfare policies.
Milena Sterio, C|M|LAW Fulbright Scholar in Azerbaijan, is Named The Charles R. Emrick Jr. – Calfee Halter & Griswold Professor of Law
Professor Milena Sterio
Congratulations to Milena Sterio, named recently by C|M|LAW Dean Craig M. Boise to serve as The Charles R. Emrick Jr. – Calfee Halter & Griswold Professor of Law. Professor Sterio is currently serving as a Fulbright Scholar in Baku, Azerbaijan. You can read her first-hand account of her experience here:
https://www.law.csuohio.edu/newsevents/news/milena-sterio-cmlaw-fulbright-scholar
Lewis Busy this Summer as Visiting Scholar, Speaker, Author on Various Issues in Bioethics
Professor Browne Lewis
C|M|LAW’s Leon and Gloria Plevin Professor of Law and Director of the Center for Health Law and Policy was a visiting scholar this summer at The Hastings Center. The Hastings Center, located in Garrison, New York, is a nonpartisan research institution dedicated to bioethics and the public interest. Professor Lewis is conducting research on human oocyte cryopreservation for a chapter to be included in a book that is being published by Oxford University Press in 2015. On June 26, 2013, at the Hastings Center, she presented Bioethics and Reproductive Technology. Her presentation focused on the legal and ethical issues that arise because of the law’s failure to regulate adequately the use of reproductive technology.
As one of six public health law scholars in residence with the Robert Wood Johnson Foundation , Professor Lewis will work for six months with the Cleveland Public Health Department to develop a plan to reduce the use of small cigars by young adults in the city. On June 20, 2013, Professor Lewis presented Where There is Smoke: Regulating Small Cigars to Protect Children at the Robert Wood Johnson Foundation, Public Health Scholar in Residence Program in Austin, Texas, Her presentation focused on the manner in which tobacco companies are targeting young adults. Even though cigarette smoking is down, the use of small cigars has increased by almost 123%.
Professor Lewis also served as a visiting scholar at the Institute for Medical Humanities of the University of Texas Medical Branch. While at the Institute, she researched the ethics of patient dumping. Her presentation on June 13, 2013, Graceful Exit: Addressing the Ethics of Physician-Assisted Suicide focused upon the ethics of physician-assistant suicide and the physician’s ability to declare medical futility. In Texas, there is a procedure in place for the physician to declare a patient medically futile and to remove that patient from life support over the objections of the patient’s next-of-kin.
On June 1, 2013, at the Law & Society Annual Meeting in Boston, Massachusetts, Professor Lewis presented Arrogance, Avarice and Anguish: Addressing the Ethical and Legal Consequences of Posthumous Reproduction. Also at the Law and Society meeting, a group of professors discussed her book Papa’s Baby: Paternity and Artificial Insemination in an author-meets-reader session.
Witmer-Rich Guest Blogs on PrawfsBlawg Regarding Sneak and Peek Searches
C|M|LAW Professor Jonathan Witmer-Rich is guest blogging in July at PrawfsBlawg regarding sneak and peek searches. His posts will draw from his scholarship on delayed notice search warrants, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2226977.
His first post on PrawfsBlawg is here: http://prawfsblawg.blogs.com/prawfsblawg/2013/07/sneak-and-peek.html.
Plecnik Participates in Young Cleveland Running Panel Presentation
On Thursday, June 13th, at the Nighttown restaurant in Cleveland Heights, C|M|LAW Professor John Plecnik participated in a panel discussion hosted by Young Cleveland Running. Along with other young political candidates, Plecnik answered questions from the mediator, and then the attendees, about the importance of getting more young people involved in local politics. The panelists included Professor Plecnik, who is running for Willoughby Hills City Council, Cuyahoga County Councilman Julian Rogers, Euclid City Councilman Scott Lynch (a current C|M|LAW student), and Cleveland City Council candidates Jonathan Simon and Basheer Jones.
CSU Law Faculty 