The Cleveland State Law Review最新文献_第3页

Allocating Risks and Suffering: Some Hidden Traps 分配风险和痛苦:一些隐藏的陷阱

The Cleveland State Law Review Pub Date : 1990-12-31 DOI: 10.1093/acprof:oso/9780199580088.003.0017

J. Finnis

引用次数: 5

Selling Sex: Analyzing the Improper Use Defense to Contract Enforcement Through the Lens of Carroll versus Beardon 性买卖:从卡罗尔诉比尔登案分析合同执行中的不当使用抗辩

The Cleveland State Law Review Pub Date : 1900-01-01 DOI: 10.2139/SSRN.1859600

J. Spanbauer

{"title":"Selling Sex: Analyzing the Improper Use Defense to Contract Enforcement Through the Lens of Carroll versus Beardon","authors":"J. Spanbauer","doi":"10.2139/SSRN.1859600","DOIUrl":"https://doi.org/10.2139/SSRN.1859600","url":null,"abstract":"The 1963 decision of the Supreme Court of Montana in Carroll v. Beardon, occupies less than three full pages in the Pacific Reporter and involves a simple real estate transaction in which a “madam” sold a house used for prostitution to another “madam.” The opinion is the last in a long line of cases to speak specifically to the issue of enforcement of facially legitimate contracts that in some manner arguably involve or are related to prostitution and is commonly cited in treatises and hornbooks as representative of the movement by courts toward enforcement of such contracts under the law of improper use - scenarios in which the transaction itself is not illegal, but the underlying purpose or conduct of one or more parties to the transaction involves using the subject matter in an illegal manner. It is unfortunate that this opinion appears in only a handful of casebooks and its subject matter has received so little scholarly attention because it provides both scholars and educators endless opportunities for exploration of the cultural context within which courts operate and construct case narratives. Its humorous tone and deceptive simplicity also belie a serious failure by the Court to provide a fair and impartial resolution of the parties’ dispute, to identify and balance the competing policy interests, and to create useful precedent for future courts and litigants. Most importantly, this 1963 decision and its implications remain relevant and merit consideration by scholars exploring the intersection of contract and criminal laws related to intimate sexual relationships.","PeriodicalId":258683,"journal":{"name":"The Cleveland State Law Review","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114848881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Second-Parent Adoption 第二父母收养

The Cleveland State Law Review Pub Date : 1900-01-01 DOI: 10.4135/9781483371283.n353

Patricia J. Falk

引用次数: 10

Punitive Damages Revisited: A Statistical Analysis of How Federal Circuit Courts Decide the Constitutionality of Such Awards 重新审视惩罚性损害赔偿:联邦巡回法院如何决定此类裁决的合宪性的统计分析

The Cleveland State Law Review Pub Date : 1900-01-01 DOI: 10.2139/ssrn.2856796

Hironari Momioka

引用次数: 0

Non-Profit Hospital Service Plans 非营利性医院服务计划

The Cleveland State Law Review Pub Date : 1900-01-01 DOI: 10.1097/00000446-194005000-00038

L. A. Simpson

引用次数: 0

Attorney's Liens 律师的留置权

The Cleveland State Law Review Pub Date : 1900-01-01 DOI: 10.2307/1110200

Arthur F. Lustig

引用次数: 0

Death Taxes: A Critique from the Margin 《死亡税:来自边缘的批判

The Cleveland State Law Review Pub Date : 1900-01-01 DOI: 10.1017/CBO9780511609800.036

Patricia A. Cain

引用次数: 3

The Marriage of State Law and Individual Rights and a New Limit on the Federal Death Penalty 州法律与个人权利的结合及对联邦死刑的新限制

The Cleveland State Law Review Pub Date : 1900-01-01 DOI: 10.2139/ssrn.2378621

Jonathan Ross

{"title":"The Marriage of State Law and Individual Rights and a New Limit on the Federal Death Penalty","authors":"Jonathan Ross","doi":"10.2139/ssrn.2378621","DOIUrl":"https://doi.org/10.2139/ssrn.2378621","url":null,"abstract":"Since the 1990s, federal prosecutors have, with increasing frequency, sought the death penalty for federal offenses committed in and also punishable under the laws of non-death penalty states. This phenomenon has troubled federalism proponents, who have pointed out that federal prosecutors can use the federal death penalty to circumvent a state's decision to abolish capital punishment. Drawing on these scholars' works, defendants have argued that state law shields them from federal punishment. Courts have almost unanimously rejected such arguments, holding that state law cannot preclude the administration of federal punishment for federal offenses. This article proposes a novel basis for a challenge to the federal death penalty's use in a non-death penalty state - the Supreme Court's reasoning in United States v. Windsor. In Windsor, the Court held that federal interference with a state law right arising in an area traditionally regulated by states is subject to heightened scrutiny under the Due Process Clause. This article argues that, in some instances, Windsor precludes federal capital prosecutions. This article considers a Windsor-based motion to dismiss a notice of intent to seek the federal death penalty. The federal capital prosecution in a non-death penalty state interferes with a state law right to not be executed. As states have traditionally prosecuted violent murders, this right arises in an area traditionally regulated by states. Applying due process scrutiny, a court should ask whether a prosecutor's animus towards the state's lack of capital punishment motivated the prosecution in the first place, or whether there is an independent federal interest. If animus alone motivated the prosecution, then Windsor demands that the court reject the attempt to seek capital punishment.","PeriodicalId":258683,"journal":{"name":"The Cleveland State Law Review","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131064025","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Conspiracy of Silence 沉默的阴谋

The Cleveland State Law Review Pub Date : 1900-01-01 DOI: 10.4135/9781452218595.n50

R. Markus

{"title":"Conspiracy of Silence","authors":"R. Markus","doi":"10.4135/9781452218595.n50","DOIUrl":"https://doi.org/10.4135/9781452218595.n50","url":null,"abstract":"Medicine is of all the arts the most noble; but, owing to the ignorance of those who practice it, and of those who, inconsiderately, form a judgment of them, it is at present far behind all the other arts. Their mistake appears to me to arise principally from this, that in the cities there is no punishment connected with the malpractice of medicine (and with it alone) except disgrace, and that does not hurt those who are familiar with it. T HESE RATHER STRONG WORDS of criticism are those of the most distinguished physician of history-Hippocrates.' The revered Hippocratic Oath calls upon every physician to proclaim: 2 Into whatever houses I enter, I will go into them for the benefit of the sick, and will abstain from every voluntary act of mischief and corruption. Hippocrates' concern for discipline of the medical profession by itself and by society found its cognate in the Code of Hammurabi of 1750 B. C., which provided that if a physician caused a man's death or the loss of his eye by an operation, the physician's fingers were to be cut off. If he caused the death of a slave, he was obliged to restore a slave of equal value. 3 The later Justinian Code of the Romans made a similar provision, that if a surgeon operates on one's slave, and then neglects altogether to attend to his cure, or operates unskillfully, so that the slave dies in consequence, he is liable for the highest value of that slave within the preceding year. 4 In this country our own legal history includes the very early malpractice case of Cross v. Guthrie 5 in 1794 when a jury awarded $120.00 for the wrongful death of the plaintiff's wife as a result of the de","PeriodicalId":258683,"journal":{"name":"The Cleveland State Law Review","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126598608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 85

The Right to Kill in Cold Blood: Does the Death Penalty Violate Human Rights 冷血杀人的权利:死刑是否侵犯人权

The Cleveland State Law Review Pub Date : 1900-01-01 DOI: 10.1515/9781400841950.139

A. Ryan

引用次数: 1