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Cleveland State Law Review

The Cleveland State Law Review is the flagship legal scholarly journal of the Cleveland-Marshall College of Law.
*Please note this is the official page.

05/19/2023

2022-2023 Banquet was a great success! Congrats to our graduating members.

02/03/2023

The second Note that we published in Volume 71, Issue 1 is “Increasing Competition in Live Music: The Case for Better Enforcement of the Live Nation Entertainment Consent Decree” by our own TJ Hunt.

This Note discusses the Live Nation and Ticketmaster Entertainment merger to become Live Nation Entertainment in 2010. Specifically, this Note lays out the major players in the live music industry, presents the antitrust concerns that came with a potential merger, and critiques the DOJ’s agreement to and enforcement of a consent decree which was a result of the merger. This Note provides potential solutions to help increase competition in live music and reduce the anticompetitive effects of the Live Nation Entertainment merger. The potential solutions discussed are breakup, targeted legislation, and much stronger enforcement of the updated consent decree. Ultimately, rather than a breakup, this Note lays out the goals of any potential targeted legislation, and concludes that the best way forward is better enforcement of a 2019 extension of the consent decree.

Not only that, but TJ’s Note also won the
Best Note award within Cleveland State Law Review. Check it out here: https://engagedscholarship.csuohio.edu/clevstlrev/vol71/iss1/12/!

02/02/2023

The first Note that we published in Volume 71, Issue 1 is “Rolling the Dice on the Legality of Gambling Devices: Why 'Purpose' has a Purpose” by our own Stevie Holbrook.

This Note discusses the intersection of the federal gambling law, section 1955 of the United States Code, with Ohio’s state gambling law, section 2915.02(A) of the Ohio Revised Code, and their interpretation in terms of specific versus general intent. Although section 1955 is currently interpreted as general intent in nature where a defendant cannot argue that they did not intend to violate state law, section 2915.02(A) is interpreted to be a specific intent statute. Thus, section 1955, a statute giving deference to state law, should be interpreted as a specific intent statute when the allegedly illegal gambling business and defendants are subject to section 2915.02(A). Furthermore, as a specific intent statute, an Ohio defendant should be able to present a defense based on lack of intent to violate the statute.

Take a moment to learn more about Ohio’s gambling laws by checking out Stevie’s Note here: https://engagedscholarship.csuohio.edu/clevstlrev/vol71/iss1/11/!

02/01/2023

The sixth Article within Volume 71, Issue 1 is “COVID-19 Relief for Opportunity Zone Funds and Investors” by Adam Wallwork and Gary Hecimovich.

This Article describes how temporary changes to the qualified opportunity zone (QOZ) tax incentive, combined with new reliance regulations that clarify the requirements for qualified opportunity zone businesses (QOZBs) to modify their written plans to expend working capital in response to the ongoing coronavirus emergency, will make more individuals and entities eligible for federal tax stimulus by increasing flexibility for the qualified opportunity funds (QOFs) and QOZBs in which they invest to redeploy their capital into qualifying business development projects in a QOZ.

Check out their Article at https://engagedscholarship.csuohio.edu/clevstlrev/vol71/iss1/10/!

02/01/2023

The fifth Article within Volume 71, Issue 1 is “Overdose: The Public Health Policies that Caused the Opioid Crisis” by Benjamin Suslavich.

As Ben’s abstract explains: “Recently, local governments have successfully sued pharmaceutical manufacturers for damages related to the opioid crisis in the United States under the theory that these pharmaceuticals were responsible for causing addictions and deaths across the nation. However, the opioid crisis was, in fact, caused by the creation of national public health policies which compelled the prescription of opioid analgesics. The dogma of the "pain movement," which spearheaded public health policies, was adopted in some form by nearly every healthcare regulator in the country. With unchecked power and influence on the U.S. healthcare system, healthcare regulators mutated slightly misleading advertising by pharmaceutical companies into a trillion-dollar natio
nal disaster that has claimed the lives of over a million Americans.”

You can find Benjamin’s Article at https://engagedscholarship.csuohio.edu/clevstlrev/vol71/iss1/9/!

01/30/2023

The fourth Article featured within Volume 71, Issue 1 is “Defining Genetic Information Under GINA” by Shane Padilla.

This Article discusses two conflicting interpretations of “Genetic Information” as it is defined under Title II of the Genetic Information Nondiscrimination Act (GINA). Title II of GINA is intended to protect employees from genetic discrimination in the workplace. At issue is whether courts should apply a narrow interpretation of “Genetic Information,” which may exclude a family member’s medical history based on genetic heritability and an employer’s subjective intent when using such information, or a broad interpretation, which does not consider such exclusions. This Article argues that applying the broad interpretation is both favorable from a public policy perspective and judicially correct based on GINA’s statutory language, legislative intent, and the judicial outcomes that have utilized the narrow interpretation.

Check it out at https://engagedscholarship.csuohio.edu/clevstlrev/vol71/iss1/8/!

01/29/2023

The third Article featured within Volume 71, Issue 1 is “Don't Tread on my IP Rights: a Law and Economics Analysis of 'March-In Rights' Under the Bayh-Dole Act” by Caitlin Grow.

This Article describes the recent push by members of the public to utilize the government’s march-in rights under the Bayh-Dole Act to regulate pharmaceutical drug pricing and discusses the legal and economic implications that would result from using march-in rights in this way.”

We are so excited for you all to read it, and you can find it at https://engagedscholarship.csuohio.edu/clevstlrev/vol71/iss1/7/!

01/28/2023

The second Article published in Volume 71, Issue 1 is “Rethinking Patent Law's Exclusive Appellate Jurisdiction” by Cleveland State University College of Law’s own, Christa J. Laser. This Article also comes as a result of CSLR’s 2021 Fall IP+ Symposium.

Professor Laser’s Article considers the following: The United States Court of Appeals for the Federal Circuit has had exclusive appellate jurisdiction over patent law disputes since 1982. In this time, administrative patent appeals expanded, venue rules changed, and the Federal Circuit resolved many pressing questions in patent law. Although the Federal Circuit provided many benefits, including bringing clarity and technical expertise to patent law, changing times might justify reevaluation of the court’s jurisdiction. This article proposes returning district court appeals in patent cases to regional circuits and adopting the Hruska Commission’s recommendation for a new National Court of Appeals that would nationally unify the law in all subject areas. This result could expose patent law to more diverse ideas and allow more percolation and experimentation of law, while addressing concerns that patent law must be nationally uniform, swiftly decided, and predictable to prom
ote the innovation economy.

Check it out at https://engagedscholarship.csuohio.edu/clevstlrev/vol71/iss1/6/!

01/27/2023

The very first Article in Volume 71, Issue 1 is “Keynote at the Cleveland State University College of Law IP+ Conference” by Kathleen O’Malley. This Article originated as a Keynote at Cleveland State Law Review’s IP+ Conference on October 29, 2021.

Within her keynote, Kathleen O’Malley takes us through the origins of patent protection, patents throughout the industrial revolution, the modern patent jurisprudence, and insight on the patent system moving forward.

Check out this incredible overview of the patent system at https://engagedscholarship.csuohio.edu/clevstlrev/vol71/iss1/5/!

01/27/2023

We have great news!

Volume 71, Issue 1 is officially published and printed, and we are so excited for you to check it out. With six Articles and two Notes, this issue gives you a chance to learn about a plethora of topics, like IP, the regulation of pharmaceutical drugs, the scope of genetic information, the untold history of the opioid crisis, QOZ tax incentives, Ohio gambling laws, and Live Nation Entertainment merger.

Throughout the course of the next week, we will take you Article by Article giving you a sneak peek at what this Issue includes, as well as links to access the full work!

We look forward to taking you along, and if you are interested in publishing with Cleveland State Law Review next year, please email us at [email protected]

09/06/2022

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.

04/29/2022

We are thrilled to announce the Student Notes that were selected for publication in print in Volume 71 and online in Et Cetera during the 2022-2023 school year!! Congrats to you all! We are very proud of you!!

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