Professor O’Neill Participates in Sound of Ideas Radio Show; Presents at CLE Seminar

On October 4, 2018, Professor Kevin O’Neill appeared on WCPN-FM’s “Sound of Ideas” show to discuss First Amendment history, focusing on an anti-war speech delivered in Canton, Ohio 100 years ago by Socialist leader Eugene V. Debs. President Woodrow Wilson’s Justice Department sought to punish Debs for that speech, which opposed U.S. intervention in World War I. Debs was criminally prosecuted under the Espionage Act and given a ten-year jail sentence that the U.S. Supreme Court upheld in Debs v. United States, 249 U.S. 211 (1919). On October 5, 2018, Professor O’Neill spoke at a CLE seminar, “The Eugene V. Debs Centennial,” on the differing modes of legal analysis that courts employed in deciding Espionage Act cases during the World War I era.

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Professor Sterio Serves as International Law Weekend Co-Chair; Presents on Panels on International Criminal Law

Professor and Associate Dean Milena Sterio presented at International Law Weekend, a prominent international law conference in New York City jointly organized by the American Branch of the International Law Association (ABILA) and the International Law Students’ Association (ILSA).  International Law Weekend is held every year at Fordham Law School and at the Association of the Bar of New York City.  Professor Sterio is a member of the ABILA Board of Directors.

Professor Sterio served as International Law Weekend Co-Chair this year.  In addition to her duties as conference Co-Chair, she moderated a panel entitled “Does International Criminal Justice Work? Syria, North Korea and the Role of International Criminal Justice in Resolving Global Crises” on October 20.  In addition, Professor Sterio presented on a panel entitled “Legacies and Memories of International (Criminal) Law” also on October 20.  Finally, she organized an “Emerging Voices in International Law” panel which took place on October 20.

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Sagers Talks Antitrust with Florida Dems and Law360

Chris Sagers, the James A. Thomas Professor of Law, spoke about antitrust history and the current state of antitrust debate in a long-form podcast produced by the Palm Beach County Young Democrats, based in Palm Beach, Florida.
 
He also spoke with the widely read trade journal Law360, about recent federal decisions in Delaware and Georgia limiting the enforcement powers of the Federal Trade Commission. As he explained, the specific holdings are technical and perhaps obscure, but potentially could pose significant burdens for the agency in its enforcement mission.
 

 

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Following an Important Civil Litigation Clinic Win at the Sixth Circuit, Professor Kalir Interviews with Law.360

Cleveland-Marshall College of Law Civil Litigation Clinic secured an important victory with the Sixth Circuit Court of Appeals yesterday, reversing a lower court decision and reviving a Cuban immigrant’s claim to vacate his sentence.
In Rodriguez-Penton v. United States, the Sixth Circuit (in a split decision) joined other circuits in holding that immigrants may prevail on ineffective assistance of counsel claims. The court further acknowledged, following Supreme Court precedent, that the criminal justice system today is a system of pleas, not of trials. Accordingly, in order to prevail, an immigrant no longer needs to insist that “but for” the ineffective advice of his counsel he would have gone to trial; rather, it is enough to show that he was prejudiced by insisting that he would have obtained a better plea deal but-for the ineffective advice. Accordingly, the Sixth Circuit reversed a lower court decision denying Mr. Rodriguez-Penton’s motion to vacate. 
The decision is an important milestone for “crimigration,” (criminal-immigrtaton) a new legal field created following the Supreme Court’s seminal Padilla v. Kentucky (2010)where the Court held that non-citizen clients have a constitutional right to be advised by their attorneys about the adverse immigration risks resulting from admission in their criminal proceedings.
Over the years, many Civil-Litigation Clinic students have contributed to the proceedings, and were critical in securing this important results. Ms. Ashley Fuchs, Ms. Shannon Lear, Ms. Danielle Limon, Mr. Brandon Morgan, and Mr. John Reulbach have assisted in the preparation of several briefs – and supplemental briefs – for the court. 
 
Mr. Derek Smith and Mr. Jeffrey Geisinger assisted in the preparation of Oral Argument. Mr. Smith also travelled to Cincinnati to prepare for, and then attended, the oral argument. 
 
Professors Witmer-Rich, Mead, and Ray (all former federal court-of-appeals clerks), as well as Professor Kowalski, assisted in preparation for oral argument. 
 
Professor Doron Kalir supervised the clinical work, served as the Attorney of Record, and argued the case before the Sixth Circuit. Following the decision, Professor Kalir interviewed to Law.360.
A copy of the opinion can be found here. A copy of the Law.360 interview can be found here.
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Professor Karin Mika Presents at Western Regional Legal Writing Conference, etc.

Professor Karin Mika presented at the Western Regional Legal Writing Conference, held at UC Irvine Law School, on September 29-29.  The topic of her presentation was “Understanding One’s Privilige and its Role int eh Future of Legal Education.”  In her presentation, Professor Mika discussed how we need to be make sure in our classroom that some voices have been historically silenced and are often silenced in a classroom setting.  As teachers we need to make sure that we are taking the opportunity to validate those voices.

Professor Mika also had an essay accepted for an upcoming edition of the Journal of the Legal Writing Institute: Reflections on the 2018 Biennial Conference (the past, present, and future of Legal Writing).

Finally, Professor Mika was a brief grader for the 2018 Scribes Best Brief Competition.

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Professor Forte Presents at Columbia Law School and at Cato Institute Symposium

On September 18, 2018, Professor David Forte made a presentation, “To Speak or Not to Speak: Compelled Speech and Righteous Causes,” at Columbia Law School.

On September 17, 2018, Professor David Forte made a presentation at the Cato Institute’s annual Constitution Day symposium on the topic, “The First Amendment and the Culture Wars.”

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Dean Fisher Welcomes Ohio Advisory Committee to the U.S. Commission on Civil Rights; Professor Forte, Committee Vice-Chair, Participates in Hearings

On September 14, 2018, Dean Lee Fisher welcomed the Ohio Advisory Committee to the United States Commission on Civil Rights to the university at the beginning of the Committee’s hearings on School Funding in Ohio.  David Forte, Vice-Chair of the Committee, participated in the hearings.

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