Book Review

Review of Robert E. Keeton, Venturing to do Justice, Harvard University Press, 196

Book Review

Review of Robert E. Keeton, Venturing to do Justice, Harvard University Press, 196

The Use of the Fourteenth Amendment by Salmon P. Chase in the Trial of Jefferson Davis

The resulting decision in The Slaughterhouse Cases is one that is still debated and stands as a primary example of an unintended consequence of a constitutional amendment. Although historians and legal scholars have considered a number of the unintended consequences of the Fourteenth Amendment, one result, unforeseen by its proponents, has been totally overlooked... In the legal proceedings that came to be known as United States v. Jefferson Davis, a legal determination was required to determine whether or not Section 3 imposed a simple disqualification or an actual punishment...Could those who pushed for the adoption of the Fourteenth Amendment, those who some historians consider the last vestiges of the abolitionist movement, have foreseen that a section of the Amendment enacted to guarantee the rights of freed blacks would be used to free the man who symbolized the slaveocracy that they so despised?And moreover, could they have foreseen that the person who utilized this untended consequence would be Salmon P. Chase, one of the primary architects of anti-slavery litigation

Viewing the public sphere with influentials and citizens

The currently popular emphasis on democratic discussion in the “public sphere” often is critically viewed by observers commenting on issues of participation, empowerment, and efficacy without input from influentials, whose voices often are the content of public debates. Habermas was critical of the quality of democratic discourse, arguing for an “ideal speech situation” where participants are free to question all proposals; introduce proposals; and express their attitudes, wishes, and needs. This article examines perceptions of the climate of communication in the public sphere by influentials and the general public of a major urban area

JFK’s Assassination and the Law: 50 Years Later

Cleveland State University’s Cleveland-Marshall College of Law (1801 Euclid Ave.) will host “JFK’s Assassination and the Law: 50 Years Later,” on Friday, Dec. 6 at 9 a.m., in recognition of the 50th anniversary of President John F. Kennedy’s assassination, The all-day program, sponsored by the Cleveland-Marshall Law Alumni Association, will focus on the legal issues relating to the investigation and hypothetical trial of Lee Harvey Oswald. Highlighting the eight-member panel of legal experts are two staff members of the 1963 Warren Commission, responsible for investigating the assassination of President Kennedy. Judge Burt W. Griffin was assistant counsel for the commission, and Howard Willens served as second in command of the commission’s staff. Willens is the author of an upcoming book on the Warren Commission, “History Will Prove Us Right,” and his discussion will feature never-before-released information from the book. “JFK’s Assassination and the Law: 50 Years Later” Panelists: Judge Burt W. Griffin: Judge Griffin served as Assistant Counsel to the Warren Commission. His responsibility was investigating whether Jack Ruby was part of a conspiracy to assassinate President Kennedy or murder Lee Harvey Oswald. Judge Griffin will detail the activities of Jack Ruby prior to Ruby’s shooting Oswald. He will address the challenges the Warren Commission faced in conducting a collateral investigation and publishing its conclusions with respect to a defendant who was being tried for murder and had a possible appeal to the United States Supreme Court–the very court that the Chairman of the Warren Commission headed. Howard Willens: Mr. Willens was second in command of the Warren Commission’s staff. He was on leave to the Commission from the Criminal Division of the U.S. Department of Justice. Before joining the Commission, Mr. Willens had been involved in assessing the legal issues facing the United States from the moment President Kennedy was killed. As second in command at the Commission, Mr. Willens played a major role in selecting Commission staff and in determining the issues and investigatory process to be addressed by the Commission. Mr. Willens maintained a diary of the day-to-day workings of the Commission. That diary has become the basis of a soon-to-be released book by Mr. Willens entitled “History Will Prove Us Right.” It is about the workings of the Warren Commission. Judge Brendan Sheehan (moderator): Cuyahoga County Common Pleas Court Judge Brendan Sheehan, a former Cuyahoga County prosecutor, has been a long-time student of the assassination of President Kennedy. Judge Sheehan will serve as moderator and master-of-ceremonies. Judge C. Ellen Connally: A retired Cleveland Municipal Court judge, Judge Connally is currently the president of the Cuyahoga County Council. She has completed her course work for a PhD in history and has researched efforts to try Jefferson Davis for the assassination of President Abraham Lincoln. Judge Connally will highlight issues in the prosecution of the assassins of Presidents Lincoln, Garfield, and McKinley, and will contrast them with the problems faced by the nation in determining the essential facts related to the assassination of President Kennedy. Steven Dever: Mr. Dever is a former Assistant Cuyahoga County Prosecutor. He defended the County against a civil action to secure a judgment of innocence for accused murderer Samuel Sheppard. Improper media publicity had been a critical factor in the reversal of Sheppard’s criminal conviction. Mr. Dever will discuss the legal issues related to pre-trial publicity that would have occurred if there had been a trial of Lee Harvey Oswald. Jerome Emoff: Mr. Emoff is a former Cuyahoga County Public Defender who has been a highly respected criminal defense lawyer for nearly 40 years. In a trial of Lee Harvey Oswald, his defense lawyer would have been faced with overwhelming evidence of lies by Oswald to the Dallas police – that he did not own a rifle, that he did not know the identity of the person on a forged Selective Service card found in his wallet, that he never lived at an address where a photograph of him with a rifle was taken, and that the photograph was a forgery. Mr. Emoff will address questions of how one professionally and ethically represents a client whom he believes is lying. Magistrate William Vodrey: A magistrate of the Cleveland Municipal Court and a former prosecutor, Magistrate Vodrey has long been a student of the assassination of President Kennedy. He will explore the legal issues related to the spousal privilege of Oswald’s estranged wife Marina, Oswald’s earlier alleged attempt to kill former U.S. Army Maj. Gen. Edwin Walker, and the potential introduction of Oswald’s political activities and beliefs that would have arisen at a trial of the accused presidential assassin. Jonathan Witmer-Rich: Prof. Witmer-Rich teaches criminal law at Cleveland-Marshall College of Law. He is a former Assistant U.S. Attorney and Public Defender. The investigation of Lee Harvey Oswald by the Dallas Police Department would have raised serious questions with respect to Oswald’s Fifth Amendment rights and the conduct of police line-ups if Oswald had gone to trial. Prof. Witmer-Rich will discuss the status of such rights in 1963, how they might have affected an Oswald trial, and the status of those rights today

The Special Pathogens Research Network: Enabling Research Readiness.

The 2013-2016 epidemic of Ebola virus disease (EVD) that originated in West Africa underscored many of the challenges to conducting clinical research during an ongoing infectious disease epidemic, both in the most affected countries of Guinea, Liberia, and Sierra Leone, as well as in the United States and Europe, where a total of 27 patients with EVD received care in biocontainment units. The Special Pathogens Research Network (SPRN) was established in the United States in November 2016 to provide an organizational structure to leverage the expertise of the 10 Regional Ebola and Other Special Pathogen Treatment Centers (RESPTCs); it was intended to develop and support infrastructure to improve readiness to conduct clinical research in the United States. The network enables the rapid activation and coordination of clinical research in the event of an epidemic and facilitates opportunities for multicenter research when the RESPTCs are actively caring for patients requiring a biocontainment unit. Here we provide an overview of opportunities identified in the clinical research infrastructure during the West Africa EVD epidemic and the SPRN activities to meet the ongoing challenges in the context of Ebola virus and other special pathogens