Prerequisites: RCC*, Evidence LAW 661 (may be taken concurrently); completion of 45 semester credit hours; permission of the instructor. The Housing Advocates, Inc., operates a Fair Housing Law Clinic in cooperation with Cleveland-Marshall College of Law. Students in the clinic will work on fair housing cases referred from a number of fair housing organizations in Cuyahoga, Summit, Lake, Portage, Stark and Columbiana counties. The cases will be in both state and federal courts. Under Ohio Supreme Court Rule II students who have earned 60 semester credit hours will be eligible to participate in state court proceedings as Legal Interns. Under U.S. District Court Local Rule 83.6, students who have completed 45 semester credit hours will be eligible to participate in federal court proceedings as Legal Interns with permission of the Judge. Satisfies skills course requirement.
LAW 886(4 to 8 Credit Hours; 1 or 2 Semesters)
LAW 739(2 Credit Hours)
Prerequisites: RCC*. This course will provide students with a thorough understanding of the Fair Labor Standards Act of 1938 (“FLSA”), the Ohio Minimum Fair Wage Standards Act (“OMFWSA”) (the FLSA’s Ohio Counterpart), and the practical and tactical use of these laws in litigation. While the course will focus on the historical and substantive components of the laws, the course will not be a series of lectures about the law. Instead, the thrust of the course will be the application of the law in prosecuting or defending FLSA/OMFWSA litigation. The course will also necessarily cover some aspects of civil procedure due to the complex nature of this type of litigation. As a result, students will gain a basic understanding of class action and collective action procedure.
Grades will be based on class participation, short quizzes, and a final paper to be submitted at the conclusion of the semester. This course will satisfy the administrative law and upper level writing requirements.
LAW 618(3 Credit Hours)
Prerequisites: RCC*. History and development of the law of marriage and divorce; rights and duties arising out of the relations of husband and wife, parent and child, guardian and ward; the role of the state in defining and enforcing such rights and duties; law of alien and insane persons.
LAW 625(3 Credit Hours)
Prerequisites: RCC*. During the past ten years, many of the U.S. Supreme Court's most controversial decisions have fallen within the doctrinal areas encompassed by this course. By mandate in both constitutional and statutory law, the federal courts are courts of "limited," not general, jurisdiction and are subject to numerous restrictions on the exercise of their power. Purposes asserted for these restrictions include protecting the constitutional allocation of power between the National and State governments – federalism – and the allocation of power between the coordinate branches of the National government -- separation of powers. These two foundational, organizing principles repeatedly surface as justifications for judicial outcomes. In particular, we examine closely the jurisdictional prerequisites of maintaining a case in federal court, including the doctrines requiring proper standing and forbidding the presentation of an unripe or moot suit. We inquire into the complicated interrelationship of federal and state law, including: federal common law, the obligation of state courts to apply and obey governing federal law, the weight of state courts' decisions on federal law questions, and the appellate power of the U.S. Supreme Court over State courts. We delve into the various legal strategies that can be employed to oust an otherwise properly filed case from federal court, including abstention and the Eleventh Amendment, and examine the Eleventh’s intersection with the Tenth Amendment and the Supremacy Clause. And we explore procedural aspects of suing the governments – States (under s. 1983) and the Federal Government via a Bivens action. The course is strongly recommended for those seeking a litigation career, and for those desirous of serving as federal judicial law clerks.
LAW 769(2 Credit Hours)
The Federalist Papers consisted of 85 essays written by Alexander Hamilton, James Madison, and John Jay, under the name "Publius," in 1788. Their purpose was to convince the New York state constitutional convention not only of the benefits but also the necessity of ratifying the Constitution written in Philadelphia in 1787. The essays are widely recognized as classic literature, political theory, and legal interpretation, and are still referenced today in the decisions of the United States Supreme Court.
Students will read and discuss each of the essays, submit short worksheets based on weekly assignments, and submit a research paper eligible for the Upper Level Writing requirement.
LAW 743(3 Credit Hours)
Prerequisites: RCC; Secured Transactions (LAW 603) and Tax I (LAW 607) are recommended but not required. This seminar will consider a broad range of financial sector integrity issues but will focus on the prevention of money laundering and the financing of terrorism. International standards, US law, and examples from various countries will be considered. The grade for the seminar will be based on class participation and a final paper. Satisfies the upper level writing requirement.
LAW 680(2 or 3 Credit Hours)
Prerequisites: RCC*. A study of the content of the First Amendment. Subjects to be studied include the regulation and prohibition of verbal and nonverbal expression, political speech, obscenity, sedition, expressions in public places and government-owned property, use of “fighting words,” selected aspects of the law of libel, “hate” speech, and commercial speech. Also to be examined is the development of the law relating to the Establishment Clause and the Free Exercise Clause, as well as freedom of association.