C|M|LAW’s Steinglass Appointed Senior Policy Advisor to the Ohio Constitutional Modernization Commission

Dean Emeritus Steven H. Steinglass

Dean Emeritus Steven H. Steinglass

C|M|LAW’s Dean Emeritus Steven H. Steinglass has been appointed Senior Policy Advisor to the Ohio Constitutional Modernization Commission.  The Commission is charged with reviewing the Ohio Constitution and, by a two-thirds vote, recommending proposed constitutional amendments to the Ohio General Assembly (which may submit them to the voters for ultimate approval).  Modeled after a successful Commission that operated in the 1970s, the bi-partisan Commission has 12 legislative and 20 public members. 

Dean Steinglass, who had been assisting the Commission in its initial organizational and educational activities, is now working on a part-time basis with the Commission’s six subject-matter committees as they begin their study of the state constitution.  Noting that Ohio’s current constitution, which was adopted in 1851, is the sixth oldest in the country and the second oldest outside New England, Dean Steinglass points out that Ohio has not had a constitutional convention since 1912, Nonetheless, Ohio has had significant piecemeal constitutional revision, having adopted 120 amendments since 1912.

Additional information about the Commission be found at the Commission website:

http://www.ocmc.ohio.gov/ocmc/about?0

And a website with additional information on the Ohio Constitution can be found on the CSU server at Ohio Constitution–Law and History:            https://www.law.csuohio.edu/lawlibrary/ohioconstitution

From Cleveland, Ohio, to Frascati, Italy, Forte Lectures on Life, Legal Education, Religion, the Constitution, and More

Professor David Forte

Professor David Forte

C|M|LAW Professor David Forte has had a busy summer and fall!

The Ohio State Law Journal published his article, Life, Heartbeat, Birth: A Medical Basis for Reform, 74 Oh. St. L. J. 121 (2013). In this article, Professor Forte argued that recent medical research demonstrates that the onset of cardiac activity is a better marker for fetal survival to birth (and hence for the state interest in “potential life”) than the uncertain “point of viability.”

On May 28, Professor Forte presented “The Deja-vu Future of Legal Education,” to the Harvard College 50th Reunion, in Cambridge, Massachusetts.  He noted how modern reforms in legal education were cycling back to the example of the Tapping Reeve school in the early 19th century, which had been supplanted by formal university based law training.

On June 19, he gave an address entitled, “What’s the Pro-Life Strategy Now?” to the Catholic Lawyers’ Guild at the City Club of Cleveland.  At the City Club event, Professor Forte discussed the advances made on behalf of the unborn by pro-life advocates in state legislatures over the past four years, and the prognosis for the future.

On July 16, Professor Forte gave a talk entitled, “Religious Liberty through Time,” to the Bastiat Society, here in Cleveland and discussed how the cultures of Judeo-Christianity, Greece, Rome, Scholasticism, the Reformation, and the Enlightenment merged to produce the notion of religious liberty as we understand it today.

On August 30, he presented a paper entitled “The Natural Law Bridge between Religion and the Constitutional State,” to the International Conference of Catholic Jurists in Frascati, Italy, followed by an audience with Pope Francis.  The paper, which discusses the role of natural law rationality linking Christianity and the modern state has been accepted for publication in The Jurist, a refereed journal, published by the Catholic University of America.

On September 18, he gave a lecture “Why is Freedom of Religion under Attack across the World?” at the University of Toledo Law School.  His thesis was that religion is always a threat to positivist legal regimes, whether they be ideological (e.g. Marxist), politico-religious (e.g. Islamism) or intolerantly secularist.

On Saturday, September 28, he addressed the We the People Convention in Columbus, Ohio, on the topic, “Religion in the Public Square.”  He noted that religious presence as a social force for human betterment was being pushed aside by governmental programs.

On Sunday, September 29, Professor Forte was featured as a commentator in Brazil’s largest circulation daily news paper, CORREIO BRAZILIENSE, regarding home grown terrorism in the United States.  In his comments, Forte suggested that the American education system should replicate the kind of welcoming assimilation that was present in the early twentieth century when a large group of immigrants with “alien” traditions came to our shores.

On October 15, Professor Forte gave a lecture at Southern Illinois University Law School entitled, “Isn’t it Time We Stopped Trusting Judges?”  There followed commentary by Professors William Schroeder and Mark Brittingham.  The theme of the lecture is that Originalism offers a solution to the recent politicization of the judiciary.

On October 23, he debated Professor Mitch Pickerell at Northern Illinois University Law School on the question, “Whether the Roberts Court is expanding State Sovereign Rights.”  He asserted the affirmative, citing dormant commerce clause cases and Shelby County v. Holder.  Professor Pickerell argued that preemption cases have gone strongly against the states under the Roberts Court.

Boise Appointed to Standards Review Committee of ABA Section on Legal Education and Admission to the Bar

C|M|LAW Dean Craig M. Boise has been appointed to serve on the Standards Review Committee of the ABA Section on Legal Education and Admission to the Bar.  The Standards Review Committee is charged with reviewing proposed changes in, and additions to, all Standards, Interpretations, Rules, Policies, Procedures, and Criteria for the accreditation of law schools.  Proposed changes are referred to the Standards Review Committee by the Section’s Council for its review and recommendations.  Dean Boise was appointed to the Committee by Section Council chair, Judge Solomon Oliver, Jr., Chief Judge of the U.S. District Court for the Northern District of Ohio.

Lewis Speaks to Female Judges about Intestacy and Nontraditional Families

Professor Browne Lewis

Professor Browne Lewis

C|M|LAW Professor Browne Lewis recently spoke at the annual meeting of the National Association of Female Judges in New Orleans.  The audience consisted of female judges from the United States and several other countries.  Her talk focused upon the need for legislatures to change the intestacy system to accommodate nontraditional families.  She argued that judges should be given the flexibility to consider the best interests of the children when designating the heirs of the estate of a person who dies without executing a will.  For example, the current intestacy system negatively impacts children who are born into same-sex families.   In order to accomplish that judges should be able to expand the definition of legal parent to include adults who have parental-type relationships with children.

After her presentation, Professor Lewis signed and sold copies of her book, Papa’s Baby: Paternity and Artificial Insemination.

Information about the event is at:

http://www.nawj.org/annual_2013.asp.

Sundahl Quoted in SpaceNews Regarding Proposed Safety Guidelines for Human Spaceflight

C|M|LAW Associate Dean Mark Sundahl was quoted in a September 27, 2013, article in SpaceNews, regarding new proposed safety practices for commercial orbital and suborbital human spaceflight companies.  The safety practices have been proposed in response to the recent growth of private companies, such as SpaceX and Virgin Galactic, that will soon be providing human spacelflight services to NASA and the public.  The article quotes Sundahl during a recent FAA teleconference where he commented that “if the intention of the document is to prevent Congress from stepping in to guide the process, I think we need to continue to consider whether the contents of the document are sufficient to do that.”  The entire article can be found here:

http://www.spacenews.com/article/civil-space/37428industry-faa-look-to-stay-one-step-ahead-of-congress-with-draft-safety

Borden Publishes on the the Role of Journalists in Caremark Litigation

Michael Borden

Professor Michael J. Borden

Congratulations to C|M|LAW Professor Michael J. Borden, whose article Of Outside Monitors and Inside Monitors: The Role of Journalists in Caremark Litigation, in the University of Pennsylvania Journal of Business Law.  In this article, Borden argues for a change in Delaware corporate law that would allow for competitive forces to improve the quality of corporate compliance programs, thus reducing hard to society from corporate illegality and improving shareholder welfare.  Specifically, he argues that courts should remove some obstacles that prevent plaintiffs in shareholder derivative actions from forcing defendant directors to demonstrate the efficacy of their compliance cases where outside monitoring by journalists appears to have detected illegal corporate actions before those actions have been detected by the internal monitoring of the compliance department.

To read the article abstract, click here:

http://works.bepress.com/michael_borden/3/

Kalir Speaks on Same-Sex Marriage and Jewish Law at Michigan State Law School

Clinical Professor Doron Kalir

Clinical Professor Doron Kalir

On October 8, 2013, C|M|LAW Clinical Professor Doron Kalir presented his work in progress on Same-Sex Marriage and Jewish Law: A Contemporary Perspective to faculty and students at Michigan State Law School. Professor Kalir’s presentation was a part of Michigan State’s LGBT History Month events. In his remarks, Kalir argued that the notion that the Jewish Bible supports only a one-man and one-woman marriage model is intellectually indefensible, and that contemporary reflection on the text must lead us to recognize a much more tolerant approach.  In addition, Professor Kalir reviewed recent developments in Israeli Law on the subject, which let the Israeli Supreme Court to de-facto recognition of same-sex marriage conducted outside Israel.

Kerber Serves on Editorial Board for The Redbook: A Manual on Legal Style, and Interviews for Judge4Yourself

C|M|LAW Legal Writing Professor Sandra Kerber served as one of the Board of Editorial Advisers for Bryan Garner’s The RedbookA Manual on Legal Style, Third Edition which was recently published by West Academic Publishing.  See:  http://www.amazon.com/The-Redbook-Manual-Legal-Style/dp/0314168915

In addition, she participated in the fall Judge4Yourself judicial interviews. The recent interviews were of candidates for Municipal Court. She will also participate in the next series of interviews for Common Pleas Judicial candidates. Judge4Yourself arranges for dozens of experienced lawyers to interview judicial candidates and evaluate their qualifications for the best. Ratings for the interviewed candidates are generated by four cooperating bar associations.   See:  http://www.judge4yourself.com/index.html

Weinstein Publishes 2013 Edition of Federal Land Use Law & Litigation

C|M|LAW and Levin College of Urban Affairs Professor Alan C. Weinstein has published the 2013 edition of Federal Land Use Law & Litigation (Thomson Reuters,) a one-volume treatise that he co-authors annually with Brain Blaesser, Esq. The book examines all federal, constitutional, and statutory limitations on local land use controls, discussing cases, regulations, defense strategies, doctrines, and antitrust restrictions. It reviews Supreme Court and lower federal court decisions that consider the constitutionality of land use regulations and discusses complicated free speech issues affected by federal land use law and municipalities exercising home-rule powers.

For more information about this new edition, see:

http://legalsolutions.thomsonreuters.com/law-products/Treatises/Federal-Land-Use-Law-and-Litigation-2013-ed/p/100207203

Sundahl Publishes Book on Satellite Finance

C|M|LAW Associate Dean Mark J. Sundahl has just published The Cape Town Convention: Its Application to Space Assets and Relation to the Law of Outer Space.   In the book, Dean Sundahl examines the recently adopted UNIDROIT Convention on International Interests in Mobile Equipment and its Space Assets Protocol which together create a new international regime of secured finance applicable to satellites, launch vehicles, and other types of space equipment.  In addition to explaining the operation of the convention and protocol, the book explores the relationship between these new instruments and the existing body of space law founded on the five UN treaties that were adopted in the 1960s and 1970s.

Further information can be found on the Brill website:

http://www.brill.com/cape-town-convention