Recently Published!
PROBLEMS IN THE COPYRIGHT INDUSTRY: MAKING THE CASE FOR A CORRECTED CASE ACT
By Megan Grantham
This Note argues that that certain changes should be made to the current framework of the Copyright Claims Board to make it fairer for independent creators to enforce copyright protection on their work.
Read her Note here
o-High-O: A Policy Note on Ohio’s Current push for recreational marijuana legislation and how other states have created successful recreational marijuana laws |
By Alexander M. Stewart
This Note seeks to analyze and understand other states’ legislation in an attempt to understand what successful recreational marijuana legislation looks like and includes a comprehensive proposal that contains all the essential elements of successful recreational marijuana laws to act as a guide for lawmakers and Ohio citizens alike.
Read his Note here
Cleveland State Law Review Cited Five Times by the Supreme Court of the United States
Big news! Cleveland State Law Review was recently cited by the Supreme Court of the United States in one of its biggest decisions this year.
In the dissenting opinion of New York State Rifle & Pistol Association, Inc., et al. v. Bruen, et al., 142 S. Ct. 2111 (2022), Justice Stephen Breyer cited two CSLR published articles by alumni Patrick J. Charles. Citing “The Faces of the Second Amendment Outside the Home: History Versus Ahistorical Standards of Review” four times and “The Faces of the Second Amendment Outside the Home, Take Two: How We Got Here and Why It Matters” one time, Justice Breyer utilized Charles’ articles to help illustrate how the interpretation of history restricting firearm usage was ignored by the Majority’s reliance on history and overall holding.
Congratulations to Patrick J. Charles for this incredible accomplishment! We are honored to be the vehicle that allows your research to be read and relied on by the Supreme Court of the United States.
Read the full opinion here.
Featured Article
The Dope on Marijuana Consumption and Impaired Driving
Article by Samuel D. Hodge, Jr. and Lauren Williams (November 30, 2021)
Marijuana is the most frequently used psychotropic drug in the United States, following alcohol consumption. Its use is becoming socially acceptable as more and more states legalize recreational consumption. Nevertheless, marijuana is still a drug, and individuals must understand that it has adverse health effects and potential therapeutic benefits. Marijuana can influence a user’s judgment and impair a person’s driving abilities. A significant problem with its consumption and driving is that there is no statistical link to show what level of marijuana in the blood causes impairment. Roadside tests for the appropriate blood alcohol content to show intoxication are well known. No such uniform standard exists for marijuana, however, since the test can show evidence of drug use from days before, even if the individual is not impaired at the time of the incident. Jurisdictions that permit the use of marijuana have had difficulty creating scientifically logical and criminally relevant laws about drivers who use cannabis lawfully. This dilemma has resulted in three approaches being used to determine drugged driving. They range from the need to show impairment to a per se standard where the person is found guilty of drugged driving if any trace amount of THC is discovered in the blood. This Article will provide a comprehensive guide to marijuana and its consumption. The drug’s components will be explained along with a medical explanation of how marijuana affects the body to produce a “high.” It will then focus on the relationship between marijuana and impaired driving and explain the different approaches used by the states to establish drugged driving.
Read the full Article here.
Current Issue
Volume 71, Number 1
Keynote at the Cleveland State University College of Law IP+ Conference
Article by Kathleen O’Malley (2023)
Rethinking Patent Law’s Exclusive Appellate Jurisdiction
Article by Christa Laser (2023)
Don’t Tread on My IP Rights: A Law and Economics Analysis of “March-In Rights” Under the Bayh-Dole Act
Article by Caitlin Grow (2023)
Defining Genetic Information Under GINA
Article by Shane Padilla (2023)
Overdose: The Public Health Policies that Caused the Opioid Crisis
Article by Benjamin T. Suslavich (2023)
COVID-19 Relief for Opportunity Zone Funds and Investors
Article by Adam Wallwork and Gary Hecimovich (2023)
Rolling the Dice on the Legality of Gambling Devices: Why “Purpose” has a Purpose
Note by Stevie Holbrook (2023)
Increasing Competition in Live Music: The Case for Better Enforcement of the Live Nation Entertainment Consent Decree
Note by TJ Hunt (2023)
UPCOMING PUBLICATIONS
We are excited to announce that the following Associates have been selected to have their law review notes published in Volume 72 of Cleveland State Law Review during the 2022-23 school year:
Abby Jones
Ashley Rice
Ayah Ighneim
Ernest Oleksy
Jacob Bourquin
Michael Maloof
Paige Betley
Rachel Wilson
Also, the following students will be published on our online journal, Et Cetera:
Claire Kinnear
Michael Isakoff
Molly Gillespie
Philip Shipman
Congratulations all!