Calendar of Special Events 2008-2009
Cleveland-Marshall Moot Court Team Wins Prestigious Competition
The Cleveland-Marshall's Moot Court team of law students Megan Miller, Callie Modic, and Alex Reich has won the regional championship for the National Moot Court Competition. The competition, held in Lansing, Michigan, in November, is sponsored by the New York City Bar Association and the American College of Trial Lawyers. Our Cleveland-Marshall team's brief placed second overall. In addition, Alex Reich won second place oral advocate in the preliminary rounds, best oral advocate in the final round, and best oral advocate overall. The team will compete against other winners of regional competitions in the national finals in New York City at the end of January. Cleveland-Marshall Professor Stephen Gard heads the Moot Court Program.
The Fall 2008 Employment & Labor Law Speakers Series
Thomas H. Barnard
Shareholder, Ogletree Deakins
BA, University of Puget Sound
JD, Columbia University
LLM, Case Western Reserve University
The Impact of the Pregnancy Discrimination Act on the Workplace
In 1978, Congress passed the Pregnancy Discrimination Act, which sought to protect the workplace rights of
pregnant women. Yet, in 2006, the Equal Employment Opportunities Commission brought approximately
5,000 charges of pregnancy-based discrimination. In his Labor and Employment Law Speakers series address, Mr. Barnard will discuss the effectiveness and the effect of this well-intentioned legislation on the workplace. He is well suited to the topic: A highly regarded member of the College of Labor and Employment Lawyers, Mr. Barnard's practice focuses on all aspects of labor and employment law, including complex employment litigation, jury trials, administrative hearings, collective bargaining and arbitrations. He has litigated more than 36 class action cases, tried 10 class action EEOC cases and tried numerous EEO cases. He is consistently named in BEST LAWYERS IN AMERICA, Labor and Employment Law, has been repeatedly
recognized as an Ohio Super Lawyer and is a frequent national speaker on labor and employment matters.
CHAMBERS USA designates him as the "Star Individual" in Ohio in Labor and Employment and, in 2008,
INSIDE BUSINESS MAGAZINE named him a Leading Lawyer. He previously held significant governmental
positions with the U.S. Department of Labor (1968-1971); Deputy Counsel for Litigation, Labor Management
Laws, 1970 and Special Counsel to the Solicitor, 1971. Ogletree Deakins is one of America's leading labor
and employment law firms with offices in major cities throughout the country.
The 86th Cleveland-Marshall Enrichment Fund Visiting Scholar
Reva Siegel
Deputy Dean and Nicholas deB. Katzenbach Professor of Law
Professor of American Studies
Yale Law School
BA, Yale University
MPhil, Yale University
JD, Yale Law School
Free Public Lecture; one free hour of CLE credit
Roe's Roots: The Woman's Rights Claims That Engendered Roe v. Wade
Dean Reva Siegel is a Constitutional law scholar whose work often explores and critiques our interpretation of the basic assumptions of democratic governance: questions of law and equality, for instance, or how the powerful confluence of representative government and popular culture may play out in the courts of America. Dean Siegel’s current research includes several articles examining the role of social movement conflict in guiding constitutional change, with special attention to questions of abortion. Previous publications include THE CONSTITUTION IN 2020 (edited with J. Balkin, 2009); PROCESSES OF CONSTITUTIONAL DECISIONMAKING (with Brest, Levinson, Balkin & Amar, 2006) and DIRECTIONS IN SEXUAL HARASSMENT LAW (edited with C. A. MacKinnon, 2004). She is a member of the American Academy of Arts and Sciences, and is active in the American Society for Legal History, the American Association of Law Schools, and the American Constitution Society.
Criminal Justice Forum III
Joshua Dressler
Frank R. Strong Chair in Law
The Ohio State University Moritz College of Law
THIS LECTURE HAS BEEN CANCELED
2009 Littler Mendelson Employment & Labor Law Speakers Series
Michael Z. Green
Associate Dean for Faculty Research and Development
Professor or Law
Texas Wesleyan University School of Law
BS, University of Southern California
MBA, California Lutheran
MS, Loyola University Chicago Institute of Industrial Relations
JD, Loyola University Chicago School of Law cum laude
LLM, University of Wisconsin Madison Law School
Free Public Lecture; one free hour of CLE credit
Where Are We Going with the Merger of Employment Discrimination Claims and Alternative Dispute Resolution?
Professor Green's scholarship focuses on labor and employment disputes and alternatives to the court resolution process. In Tackling Employment Discrimination with ADR: Does Mediation Offer a Shield for the Haves or Real Opportunity for the Have-Nots? (BERKELEY JOURNAL OF EMPLOYMENT AND LABOR LAW 2005), for instance, he weighs the benefits and difficulties of using mediation to resolve claims of employment discrimination. In Ethical Incentives for Employers in Adopting Legal Service Plans to Handle Employment Disputes (BRANDEIS LAW JOURNAL 2006), he discusses proposals that would encourage employers to offer legal service plans to employees, even though those services might be used to bring claims of discrimination against their employers. In his professional associations, Professor Green serves as a member of the American Arbitration Association's National Labor Arbitration panel, and he is the co-chair of the Subcommittee on ADR for the American Bar Association Labor and Employment Section's Committee on Ethics and Professional Responsibility. Elected a member of the American Law Institute in October 2006, he serves on the Consultative Group on the Restatement Third of Employment Law. He is a member of the adjunct faculty in the Southern Methodist University Graduate Education Program Center for Dispute Resolution. A popular lecturer, Professor Green has presented at dozens of conferences on matters pertaining to labor and employment law and dispute resolution throughout our country and abroad.
Criminal Justice Forum IV: The Future of the Forensic Sciences - A Symposium
In January 2007, the National Academy of Sciences convened a committee of experts to study the future needs of the forensic sciences. The NAS committee is expected to release its report soon. In the wake of the report's release, we will convene a panel of scientists, scholars, and practitioners to discuss the potential changes in a variety of forensic science disciplines. 5.25 Free CLE credit.
The Cleveland-Marshall Journal of Law & Health presents
Perspectives on U.S. Healthcare Policy Reform
Rene McEldowney, Ph.D.
Mark Vorturba, Ph.D.
Elizabeth Thames
Joseph W. Bartunek III Moot Court Room
1 free CLE credit
Well within its first 100 days in office, the new Obama administration has made significant changes in the area of healthcare policy, including, among others, expanding the State Children’s Health Insurance Program (SCHIP), a healthcare plan for millions of uninsured children; signing a stimulus bill that significantly expands national healthcare expenditures; hosting “The White House Forum on Health Care Reform,” a healthcare summit intended to be the first step to initiating healthcare reform in 2009; and signing an order lifting the limits on federal funding of embryonic stem cell research.
In light of these recent developments, the editorial board of Cleveland-Marshall College of Law’s Journal of Law and Health is sponsoring a forum of healthcare policy experts and representatives of both major political parties on Wednesday, April 1st, to discuss the effects of one or more of these developments and perhaps what other developments they would like to take form in the following years.
Dr. Rene McEldowney, Associate Professor of health care policy and politics and a past Director of the undergraduate Health Administration Internship program at Auburn University. Dr. McEldowney is an award winning teacher and researcher who has been an invited lecturer internationally in Great Britain, The Netherlands, and the Czech Republic. Her interests include health care policy, comparative health care systems, and health care economics.
Dr. Mark Vorturba is an Assistant Professor of economics at Case Western Reserve University’s Weatherhead School of Management and is an Assistant Professor of medicine at CWRU’s School of Medicine. Dr. Vorturba is also the Director of the Health Economics Unit of the Center for Health Care Research and Policy at MetroHealth Medical Center. One of his specific focus areas deals with how medical resources are allocated in the U.S. health care system.
Elizabeth Thames has been serving as Ohio Senator Sherrod Brown's Deputy State Director since he took office in January 2007. Prior to that, she served as the Senator’s District Director when he was a member of the U.S. House of Representative, holding that position for nearly 10 years. Senator Brown was elected in 2006 and was a U.S. Congressman from Ohio’s 13th District from 1993 to 2006. Prior to that, he served as the Ohio State Secretary from 1983 to 1990.
Details at 216-687-6886.
The Cleveland-Marshall Journal of Law & Health presents
Through a Scanner Darkly: The Use of fMRI as Evidence of Mens Rea
Teneille Brown, J.D., and Emily R. Murphy, Ph.D.
Joseph W. Bartunek III Moot Court Room
CLE credit on request from the Ohio Supreme Court
Should functional brain images be admitted into courts to prove criminal mental states?
Teneille Brown, a biomedical ethics scholar and lawyer, and Emily R. Murphy, a behavioral and neuroscience scholar, do not believe brain imaging is a reliable method of establishing mental states in criminal trials.
They will explain their misgivings on April 6 when they present the 2009 JOURNAL OF LAW & HEALTH lecture at Cleveland-Marshall College of Law: Through a Scanner Darkly: The Use of fMRI as Evidence of Mens Rea
In their lecture, Ms. Brown and Ms Murphy will explain and critique the use of functional neuroimaging, specifically functional magnetic resonance imaging (fMRI), as it is being used in courts to negate mens rea, arguing that fMRI images do not meet any of the relevant evidentiary standards and should not be admitted at all during the guilt phase of a trial to prove the mental state of the accused.
Teneille Brown is a post-doctoral fellow at the Stanford Center for Biomedical Ethics, a fellow at the Center for Law & the Biosciences, and a research fellow with the MacArthur Foundation Law and Neuroscience Project. Her law degree is from the University of Michigan Law School; her academic work focuses on the intersection of behavior, biology and the law, with particular interest in evidentiary and regulatory issues surrounding genetics and neuroscience.
Emily Murphy is a fellow in the Stanford Law School Center for Law and Biosciences and a research fellow on the MacArthur Foundation Law and Neuroscience Project based at the University of California, Santa Barbara. She earned her PhD from the Department of Experimental Psychology at the University of Cambridge while on a Gates Cambridge Scholarship. Her research focuses on issues surrounding the application of neuroscience and neuroimaging technology in criminal and civil law, the effect of neuroimaging evidence on individual concepts of agency, and designing hypothesis-driven neuroimaging work that can directly inform legal or policy-based challenges.
Details at 216-687-6886
For more information on the Cleveland-Marshall Visiting Scholars Programs, call 216-687-6886