Cuyahoga County passes Tuition hikes hit Far-right party on Ohio votes in midterm

LGBTQ+ protections CSU students the rise in Germany elections Nov. 8

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NEWS - PAGE 4

VOLUME 67, ISSUE 1

HE GAVEL THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW October 2018

Kavanaugh: The fight continues

Catelyn Cook
Gavel Contributor
Since Justice Ken-
nedy’s sudden resignation
from the Supreme Court on
July 31, 2018, the nation
has plunged into a debate,
speculating as to what the
rise of a newly appointed
justice would mean for
both the legitimacy of the
court and the future of the
country.
Historically, scholars
viewed Justice Kennedy
as interpreting the law in a
more moderate manner, as
he served as a swing vote
when deciding many im-
portant cases. With Ken-
nedy’s seat vacant on the
court, President Trump was
charged with nominating a
justice to take his place.
President Trump’s se-
lection of Kavanaugh was
unsurprising in light of the
nominee’s background. Ka-
vanaugh, a member of the
Federalist Society, gradu-
ated from Yale Law School
and served on the United
States Court of Appeals
for the District of Colum-
bia Circuit where he main-
tained a highly conserva-
tive voting pattern. Court Justice would dam-
Supporters of the
judge have stated his time
spent on the DC Circuit
Court, his clerkships, and
prior White House service
were strong credentials
which made him suited for
taking Kennedy’s position.
Kavanaugh’s commitment
to popular conservative
values appealed to Presi-
dent Trump’s base, as he is
expected to play a role in
undoing changes made by
the Obama Administration.
On the other side of
the aisle, the country’s left
wing has expressed a fear
that the imbalance resulting
from the appointment of a
fifth conservative Supreme
age the court’s non-partisan
status in the eyes of the
American people.
Photo by Charles Edward Miller / Creative Commons
SEE KAVANAUGH, page 5

CM Law lecture: Bombs over Yemen

Locking up our own
Charles Khalil
Gavel Contributor
James Forman, Jr., Professor of Yale
Law School lectured in Cleveland Mar-
shall’s Moot Court Room on Sept. 20 about
mass incarceration and racial inequality in
the United States.
“I viewed that work as the civil rights
work of my generation,” said the professor
of his time as a public defender.
“We didn’t have the term mass incar-
ceration in the 1990s,” Professor Forman,
Jr., continued, “but I did know that one-in-
three young African-American men were
under criminal justice supervision.”
“I did know the United States had
past Russia and South Africa to become the
world’s largest jailer.”
In his book Locking Up Our Own:
Crime and Punishment in Black America,
the professor relates Brandon’s story.
In his representation of Brandon as
public defender, Professor Forman, Jr.,
wanted for him, “To go home. To go home
to his mother and his grandmother who
were sitting there in court for him.”
“The prosecutor in his case, also Af-
rican American, was asking for him to be
locked up,” the professor recalled, and for
Brandon to go to D.C.’s then-infamous,
Oak Hill juvenile detention center.
Photo by Luke Peters
Yale Professor James Forman, Jr., spoke in the
CM Law Moot Courtroom the evening of
Thursday, Sept. 20
The judge “leans back in his chair and
he looks at this courtroom full, two African
American lawyers, African American de-
fendant and he says, ‘Brandon, Mr. Forman
has been telling that you had it hard and you
deserve a second chance, well son let me
tell you about hard, and tell you about Jim
Crow and segregation,’
SEE LECTURE, page 3
Dan McCarthy
Managing Editor
On Aug. 28, demon-
strators gathered at the Fed-
eral Building on E. 9th St.
in downtown Cleveland to
protest U.S. involvement in
the war in Yemen.
“We’re alienating in-
stead of reaching out,” said
Jean Kosmac, a worker at
the Metanoia Project, an
emergency shelter for the
homeless operating at St.
Malachi’s church on W.
25th St., who attended the
demonstration.
The war in Yemen be-
gan in 2015 and has killed
tens of thousands, including
over 5,000 civilians. The
fighting has displaced mil-
lions more.
After Houthi rebels
toppled the Yemeni govern-
ment led by Abdraabbuh
Mansur Hadi in 2015, the
Saudi Arabian military and
its coalition partners led a
counter-offensive supported
by the U.S. military.
The U.S. shares intel-
ligence and provides refu-
eling for the airstrikes. The
bombing campaign has de-
stroyed Yemen’s infrastruc-
ture and sparked the worst
cholera outbreak in record-
ed history, the World Health
Organization recording over
600,000 confirmed cases of
the disease.
U.S. military opera-
tions in Yemen began well
before the outbreak of civil
war. Under the auspices of
the Global War On Terror,
the United States military
executed drone strikes in
Yemen as early as 2002.
Billions of dollars
worth of U.S. weapons
flooded the region in recent
years. In 2012, the Pentagon
awarded a contract for $11
billion to manufacture 84
new F-15 fighter jets for the
Saudi military. The award-
ing agency was Wright-
Patterson Air Force Base in
Dayton, Ohio.
Further, in 2015, the
Pentagon reported miss-
ing more than $500 million
worth of U.S. weapons sup-
plied to Yemen before the
war began.
SEE YEMEN, page 7
2 • October 2018 THE GAVEL

Outstanding Student Debt

Editor’s Box

Zachary M. Shapiro
Editor-in-Chief

Elise Taylor
Editor-in-Chief

Dan McCarthy
Managing Editor

~ Contributors ~
Darlene Nichole This graph depicts the rise of student debt nationally. Student debt now surpasses $1.5 trillion and more-than-doubled over the past ten years.
Moorman
Cleveland State undergraduate tuition tops $10,000
Patrick Lipaj Dan McCarthy
Managing Editor
Charles Khalil
As student debt tops
$1.5 trillion in the United
Aimee Fanter
States, Cleveland State Uni-
versity’s Board of Trustees
Line Eichorst voted to raise tuition for
incoming, undergraduate
Catelyn Cook first-year students.
CSU’s Board of Trust-
Daria Chalupa ees approved a 6% increase
in tuition, the maximum al-
lowed by Ohio law, affect-
~ Photographer ~ ing first-year undergradu-
ate students starting classes
Luke Peters this academic year.
The tuition increase
sees CSU join the State of
Ohio’s “Tuition Guarantee
~ Contact Us ~ Program.” The program al-
lows for public universities
gavel@csuohio.edu to raise fees on students but
freezes the amount a stu-
dent pays to the amount she
~Office~ pays for her first year for
four years.
1801 Euclid Ave, LB 13 The tuition fees for in-
Cleveland, OH 44115 state, undergraduate tuition
increased from $9,636 for
the 2017-18 academic year
to $10,386 for the 2018-19
academic year.
Beginning this aca-
demic year, only Shawnee
State, Wright State, and
Youngstown State Univer-
sities guarantee tuition be-
low $10,000 for a full-time
student at an Ohio public
university.
The tuition fees for a
full-time, in-state law stu-
dent at Cleveland Marshall
cost $27,209
According to the Na-
tional Center for Educa-
tional Statistics, the aver-
age cost for in-state tuition
at a U.S. public university
in 1996 was $4,500 per
year. By 2006, that cost had
risen to over $8,000 per
year—a 78% increase over
one decade.
In 2007, the Ohio Gen-
eral Assembly instituted a
tuition freeze on public uni-
versities after students pro-
tested skyrocketing costs
Source: Board of Governers of the Federal Reserve System
for education. From 1996-
2006, tuition fees at public
universities skyrocketed in
Ohio, averaging a 9% in-
crease in cost every year.
At this time, the average
cost for tuition at a public
university in Ohio was the
fifth highest nationwide.
During the past de-
cade, the State of Ohio
funding for Cleveland State
University has stagnated,
decreasing from a high of
$75.8 million in 2009. The
approved budget for the
fiscal year 2018 was set at
$74.4 million.
While the tuition
freeze stopped the cost of
an undergraduate educa-
tion increasing for a time,
the General Assembly law
carved out an exception for
law school tuition.
As a result, Cleveland
Marshall Law’s tuition con-
tinued to increase at much
higher clip the past decade.
Since 2007, the cost for
in-state, law school tuition
at Cleveland Marshall in-
creased by 70% from $576
to $980 per credit today.
Meanwhile, the cost for in-
state, undergraduate tuition
at Cleveland State has in-
creased by 30%, from $330
to $430 per credit. Both
have far outpaced inflation
during that time, which is
about 17%.
Since 2013, the
amount of undergraduate
credit hours has climbed
3% from approximately
319,000 to 330,000. Over
the same time, the num-
ber of law credit hours has
decreased by almost 33%
from approximately 14,000
to less than 10,000 as re-
flected by CSU’s 2018 bud-
get.
Due to the size of Mar-
shall’s current, first-year
law class, however, the tra-
jectory for Marshall’s en-
rollment may change.

Seminar commemorates Eugene Debs sedition trial

A seminar commemo-
rating the 100th anniversary
of Eugene Debs’ sedition tri-
al will take place on Friday,
Oct. 5 from 10 a.m - noon in
the Moot Court Room.
The seminar will focus
on how the Espionage Act is
used to silence whistleblow-
ers, journalists, and members
of the alternative media.
Panelists include Cleve-
land Marshall Law’s own
Associate Professor Kevin
Francis O’Neil. Professor
O’Neil’s scholarship focuses
on the speech clause of the
First Amendment with par-
ticular emphasis on public
protest and forum access
issues.
Eugene Debs was an
active participant in the labor
movement at the turn of the
Eugene Debs is released from prison 20th century and Socialist
Party candidate for presi-
dent.
Mr. Debs was convicted
for violating the Espionage
Act after he gave an anti-war
speech in Canton, Ohio on
June 16, 1918.
The trial took place
in the Howard M. Metzen-
baum U.S. Courthouse in
downtown Cleveland next to
Public Square.
On Friday, Oct. 5
registrants will have the
opportunity to tour the East
Courtroom where Debs was
convicted of sedition and
sentenced to ten years. Presi-
dent Harding subsequently
commuted Debs’ sentence in
1921.
Mr. Debs helped to
organize the American
Railway Union, and he was
involved with the 1894 Pull-
man Strike, a nationwide
railway strike which the US
army violently suppressed.
Under the Obama ad-
ministration, the federal gov-
ernment increased its pros-
ecutions under the Espionage
Act of 1917, charging more
journalists and whistleblow-
ers under the statute than any
prior administration.
Under the Trump ad-
ministration, whistleblower
Reality Winner received a
record-setting five years and
three months behind bars for
leaking a report revealing
Russian hacker interference
in local election board data-
bases.
The seminar is spon-
sored by the Labor Edu-
cation & Arts Project in
cooperation with Cleveland
Marshall College of Law.
THE GAVEL October 2018 • 3

Adjuncts struggle as full-time professors become minority

Darlene Nichole Moorman alone in his complaints. In side. Vice Provost William
Gavel Contributor June 2015, June Hall pub- R. Morgan was quoted by
At Cleveland State lished “I am an adjunct the Cleveland Stater in
University, part-time and professor who teaches five 2015, saying “[t]he cur-
adjunct professors outnum- classes. I earn less than a rent compensation plan as-
ber full-time professors. pet-sitter” in The Guardian. sumes most adjuncts have
As universities reigned in The Service Employ- a primary source of income
costs, instructors—like stu- ees International Union, from a full-time, usually
dents—feel the squeeze. who made efforts to or- nonacademic position else-
On Feb. 25, 2015, ganize adjuncts in recent where” Adjunct profes-
Cleveland State University years, revealed during its sors with doctorate degrees
adjunct Dr. Brian Johnson “Faculty Forward” cam- earned less than they could
announced his participa- paign that over 30% of make in the service indus-
tion in the National Ad- part-time college profes- try. At CSU, many adjuncts
junct Walkout Day. sors live below or close to reported teaching three
Despite teaching three the federal poverty level, courses as a full-time job
according to the 2010 US Number of full-time professors compared to part-time and earning $15,000 for
classes, the maximum for
an adjunct at Cleveland Census. their time.
State, Dr. Johnson earned For many adjuncts, In 2013, Sydni Dunn
less than $15,000 annually. taking full-time teaching for The Chronicle of Higher
To supplement his family’s loads provided insufficient Education argued that col-
income, he had to sell mod- income. lege administrations inten-
el-train props. Introducing adjunct tionally provided adjuncts
In a 2015 email to positions to replace full- with the bare minimum to
encourage others to par- time teaching loads re- avoid costs like providing
ticipate in the walkout, Dr. sulted in little job security; health insurance.
Johnson opined, “...nothing contracts do not renew Tuition costs at uni-
has changed for adjuncts semester-to-semester. Ad- versities rose concurrently
over the decade and a half juncts who lost contracts with the shift from full-
of my teaching career ex- reported that they could not Percentage of credits taught by full-time professors time faculty to adjuncts.
cept that there are more of file for unemployment. Prepared by Darlene Nichole Moorman From 1993 to 2009, univer-
us now, and less of those sities saw a 60% increase
tenure track jobs that we all in administrative positions.
workers of the academ- track, do not fill the pipe-
covet” reported the Cleve- From 1993 to 2009,
ic world,” citing another line for departments like
land Stater. universities saw a 60% in-
group of workers that has past professors did.
Between 2005 to 2016, At CSU, many adjuncts crease in administrative po-
struggled to win better con- Three years later, the
the number of part-time reported teaching three sitions.
tracts. shift continues. CSU’s re-
faculty at CSU increased courses as a full-time job Additionally, accord-
Indeed, fewer full- liance on part-time profes-
47% from 430 professors and earning $15,000 for ing to Careloine Fredrick-
time professors at Cleve- sors continued to increase,
to 632 professors. Mean- son from The Atlantic,
their time. land State University, who rising from 50% of all fac-
while, across the same from 1978 to 2013 CEOS
do benefit from collective ulty in 2012 to 54% of all
time-span, the number of at public universities made
bargaining, carry greater faculty in 2106.
full-time faculty decreased saw a 75% increase in pay.
departmental burdens to- Traditionally, adjuncts
5% from 575 professors to Meanwhile, CEOs at pri-
day than a they did decade are expected to have pri-
546 professors. James Hoff wrote in a vate instiutions saw a 170%
ago. However, adjunct pro- mary employment to earn
Dr. Johnson was not 2014 Guardian article that fessors, who are not tenure- a living, teaching on the
increase in pay.
adjuncts are the “fast-food

LECTURE A story that needed to how inequality remained

From page 1 be told with empathy and in the U.S. criminal justice
with compassion with un- system.
The D.C. judge was
derstanding about the pres- While the United
African American and he
sures people were under.” States population account-
“had grown up in those
“How a generation of ed for 5% of the world’s
times, and he told Brandon
elected official and law en- population, the United
about what that was like,”
forcement officials came to States housed 25% of the
Professor Forman said, and
buy into some of the same world’s prisoners in 2017.
the judge continued, “Peo-
mentality that was domi- While African Ameri-
ple marched and fought and
nating the country over the cans made up 14% of the
died for you to be free.”
last 40 or 50 years.” country’s population, Af-
The judge locked
A former Supreme rican-American men made
Brandon up.
Court Law Clerk for San- up 40% of U.S. prisoners.
“And ever since that
dra Day O’Connor, Profes-
day, I thought about the
sor Forman, Jr., reflected Editor’s note: Quotes
fact that the City Council
how “I had opportunities used in this story are from
that passed the laws that
available to me that were Professor Forman, Jr.’s,
Brandon was sentenced
unknown to my father’s May 5, 2017, speech to the
under in D.C. was a major-
generation.” City Club of Cleveland.
ity African-American City
However, while his
Council, the police force
parents met in the Student
was majority African-
Non-violent Coordinat-
American.”
Photo by Luke Peters ing Committee civil rights’
“There was a compli-
Professor Peter D. Garlock spoke at the criminal law struggles of the 1960s, Pro-
cated story that nobody had
lecture on Thursday, Sept. 20. The lecture was spon- fessor Forman, Jr., painted
sored by Cleveland Marshall’s Criminal Justice Forum. told yet,
4 • October 2018
County council passes LGBTQ+ ordinance
Daria Chalupa
Gavel Contributor
On Sept. 12, the
Cuyahoga County Council
met to discuss a proposed
ordinance that would in-
clude “sexual orientation”
and “gender identity” on
the county’s non-discrimi-
nation list.
According to the
Greater Cleveland LGBT
Community Center, an in-
dividual may be fired or de-
nied service legally on the
basis of their actual or per-
ceived sexual orientation in
the state of Ohio.
The ordinance would
provide protections to
members of the LG-
BTQ community within
Cuyahoga County regard-
ing housing, employment
and public accommodation.
When community
member Alicia Drummond,
a self-identified member
of the LGBTQ community
was asked about her feel-
ings toward the charter, she
replied, “My sexual orien-
tation does not change my
work ethic, does not slow
down my drive when I
want something done, and
most importantly, does not
change me as a person.”
Another LGBTQ indi-
vidual, Bri Slavik said, “I
remember when I went to
interviews and made sure
I did not ‘look’ gay I was
afraid no one would hire
me if I looked gay. Who I
love does not define who I
am as a coworker.”
The meeting drew in a
significant number of com-
munity members to discuss
the bill. Among these at-
tendees was local restau-
ranteur Tony George.
SBA election
results
Law students elected
five new 1L senators to join
Cleveland Marshall’s Stu-
dent Bar Association:
Bart Flanagan
Vanessa Gomez
Luke Goodez
Dairian Heard
Jameson Tibbs
In an email, SBA re-
quested law-school student
organizations to submit any
known funding requests to
SBA before Oct. 31 for
consideration.
Mr. George expressed
a strong sentiment against
the ordinance, specifically
objecting to protections for
the trans community.
George threatened to
move his business from
the county should the or-
dinance pass, alluding
that other business own-
ers would follow and
stating, “I don’t want to
have to worry about my
daughters and nieces go-
ing into the bathroom and
some guy who thinks he
is a girl on that particular
day and walks in the bath-
room.” was incredibly powerful to
The Cuyahoga County
Photo by Sara Rampazzo / unsplash.com
Republican Party also ex-
pressed opposition to the
ordinance on the grounds
of religious freedom and
government overreach.
In a show of support
for the LGBT community,
Equality Ohio and CM
LAW-OUTlaw organized
law students from Cleve-
land-Marshall to attend the
follow-up council meeting
on Sept. 25. Tori Hamilton,
a Cleveland-Marshall first
year student in attendance,
said, “Seeing the LGBTQ
community rally together
and represent moved me. It
belong to this movement,
Please, say their names
Listed below are the
names of 21 trans individu-
als murdered so far this
year in the United States as
documented by the Human
Rights Campaign:
Christa Leigh
Steele-Knudslien, 42
Viccky Guttierez, 33
Tonya Harvey, 35
Celine Walker, 36
Phylicia Mitchell, 45
to support this movement
and stand together.”
Hundreds of Cuyahoga
County community mem-
bers turned out in both sup-
port and opposition to the
ordinance, which ultimate-
ly passed in a 3-8 decision
when put to a vote.
So far this year, 21
transgender individuals
have been murdered in the
United States, two of those
homicides happening in
Cleveland.
It should also be noted
that transgender violence
is known to be highly un-
der-reported and discussed
with little sensitivity.
Zakaria Fry, 28
Amia Tyrae Berryman, 28
Sasha Wall, 29
Karla Patricia Flores-Pavón,
26
Nino Fortson, 36
Gigi Pierce, 28
Antash’a English, 38
Cathalina Christina James,
24
THE GAVEL
Fox 8 News reported
the recent homicide of Kei-
sha Wells, a trans woman,
as a “male who appeared
transgender.” The language
used to describe transgen-
der homicides not only
seeks to minimize the se-
verity of the crime but also
de-value what it means
to be transgender. Kieran
Layton, a trans man, re-
sponded, “protecting trans
girls means more than just
walking them to the bar.
It’s also ensuring ac-
cess to hormone replace-
ment therapy, to food and
shelter, and to legal rem-
edies for discrimination.”
At CSU, the LGBTQ+
Center holds a Trans Day
of Remembrance Vigil ev-
ery year to honor those af-
fected by these issues.
The Center boasts,
“We also run CSU’s Safe
Space Training program,
where we train staff, fac-
ulty, and students on LG-
BTQ+ issues so that they
can be more aware and bet-
ter allies to LGBTQ+ mem-
bers of CSU’s community.
We also hold many kinds
of programming, includ-
ing ‘Unlocking the Closet,’
where we unpack impor-
tant topics like toxic mas-
culinity and discuss inter-
secting layers of privilege
and oppression, ‘Dessert &
Discuss,’ where LGBTQ+
members of the CSU and
CLE community come in
and share their stories and
discuss issues and concerns
with students, and ‘Coming
Out Day,’ an annual inter-
national celebration of LG-
BTQ+ communities”
Keisha Wells, 58
Sasha Garden, 27
Diamond Stephens, 39
Vontashia Bell, 18
Dejanay Stanton, 24
Shantee Tucker, 30
Londonn Moore, 20
Nikki Enriquez, 28
THE GAVEL October 2018 • 5

Ohio to vote in Nov. 6 midterm election for statewide offices, Issue 1

Elise Taylor
Editor-in-Chief
Issue 1 is the proposed
constitutional amendment
which would reduce penal-
ties for drug crimes and em-
phasize rehabilitation over
prison time. The amend-
ment comes in response to
both the opioids epidemic
and the overcrowding of
Ohio prisons with non-vio-
lent offenders. Governor -
If adopted by vot-
ers, the amendment would
have a number of effects. It
would require a reduction
in sentence by up to 25%
for individuals participat-
ing in rehab, work or edu-
cational programming, re-
duce the classification for
possession or use of hard
drugs from a felony to a
misdemeanor, prohibit jail
time for first-time offenders
and appropriate funds to be
applied to state-run rehab
programs. The amendment
expressly states none of its
provisions would apply to
sex offenders.
Those in favor of the
amendment point to the po-
tential saved tax dollars, as
rehabilitation is less costly Gadell-Newton, whose nacci depicts Brown as a casts that Dettlebach would
than incarceration, and as- campaign has focused the career politician and made use the position in such a
sert that this system will party’s long history of sup- a central talking point of manner. Dettlebach charges
begin a process of offset- port for progressive social Brown’s 30-year old di- Yost as being a career poli-
ting the prison industrial justice issues and opposi- vorce. tician and highlights his
complex. Opposition to tion to fracking in the state. Congressman Renac- approval of gerrymandered
Issue 1 is grounded in the The Libertarian party, who ci, who has aligned himself political maps and receipt
belief that lighter punish- is running 22 candidates closely to the President, of campaign money from
ments will send a message statewide, nominated co- has focused primarily on ECOT operator Bill Lager.
to traffickers and users that median and filmmaker Tra- the economy, seeking to fa- A September poll has Yost
Ohio is a low-risk state for vis Irvine who describes cilitate job growth through in a thin lead over Dettel-
drug-related conduct. himself as the “pro-free- the revitalization of the bach.
dom alternative to career auto industry and make
politicians.” At this time, cuts to welfare programs. Secretary of State -
Cordray (D) v. DeWine (R) DeWine and Cordray are Brown’s platform speaks to Clyde (D) v. LaRose (R)
v. Gadell Newton (Green) polling neck and neck with the expansion of access to Squaring off in the race
v. Irvine (Libertarian) each minor party candidate affordable health care and for Secretary of State are
Former Consumer Fi- trailing behind. advocating for the disabil- State Rep. Kathleen Clyde
nancial Protection Bureau ity community and veter- and State Senator Frank
Director Richard Cordray Senate - ans. Polls show Brown in a LaRose. Both are at a con-
and Ohio Attorney General Brown (D) v. Renacci (R) comfortable lead. sensus about the need for
and former U.S. Senator The race for the Sen- reform in political district-
Mike DeWine have been ate got a bit ugly for both Attorney General - ing and campaign finance
embroiled in a heated race business owner and U.S. Dettelbach (D) v. Yost (R) but set forth disparate ap-
in months leading to the Rep. Jim Renacci and in- The candidates seeking proaches to the issues.
election. While the can- cumbent Senator Sherrod to replace incumbent Mike Clyde advocates for a state-
didates share similar po- Brown. Brown ran an ex- DeWine are Northern Dis- wide automatic voter regis-
sitions on strategies for tensive ad campaign that trict of Ohio U.S. Attor- tration system and uniform
economic growth, both characterized Renacci as ney Steven Dettelbach and paper ballot system for in-
proposing their own work- underhanded and corrupt, State Auditor David Yost. creased security. LaRose
force development pro- pointing to his question- Both candidates character- boasts of his proposed leg-
grams, they have clashed able financial dealings ize themselves as bipartisan islation requiring local of-
over the opioid epidemic and expressive support for and tough on political cor- fices to submit electronic
and healthcare. Represent- President Trump during the ruption. Yost has expressed campaign finance reports
ing the Green party is attor- Access Hollywood hot mic opposition against lawmak- that would be made avail-
ney and activist Constance scandal. Consequently, Re- ing in the courts and fore- able to the public.

KAVANAUGH and it is unclear whether

From page 1
Critics argue Kava-
naugh’s nomination would
result in the rolling back of
abortion rights, loosening of
gun control restraints, and
removal of the Affordable
Health Care Act.
Further adding to the
contention surrounding his
nomination, Judge Kavana-
ugh faces allegations of sex-
ual assault and misconduct.
Christine Blasey Ford,
a former classmate, accused
Kavanaugh of forcing him-
self on her at a party, and
Deborah Ramirez claimed
Kavanaugh flashed her at a
dorm party during their time
together at Yale.
Many of Kavanaugh’s
former classmates defended
his reputation, and Kavana-
ugh himself denied the alle-
gations.
Kavanaugh is also
alledged to have known
about the sexual mistreat-
ment of women by Judge
Kozinski during his clerk-
ship with the Judge, which
Kavanaugh denied.
The timing of these al-
legations was questioned by
On July 10, Judge Brett Kavanaugh and Vice President Mike Pence entered the Capitol.
conservatives, who charac-
terized them as a calculated
attempt to smear the nomi-
nee’s reputation.
On Sept. 27, both Ka-
vanaugh and Ford testified
before the Senate Judiciary
Committee.
Senate Republicans,
seeking to avoid the male-
dominated optics seen dur-
ing Anita Hill’s testimony
during Justice Clarence
Thomas’ nomination pro-
cess, enlisted veteran Ari-
zona Sex Crimes Prosecutor
Rachel Mitchell to question
Blasey Ford, although she
was sidelined for Kavana-
ugh’s questioning.
The hearing, as most
predicted, amounted to a
he-said-she-said dynami-
in which both parties ex-
Photo by Office of the Vice President
pressed complete certainty
in their position.
Blasey Ford was re-
ceived well for her coopera-
tiveness and congeniality
with the committee, as well
as the vulnerability of her
testimony. She faced diffi-
culties, however, in her abil-
ity to corroborate her story
to an extent which would
meet the legal standard.
Kavanaugh’s indigna-
tion and passion in his de-
nial were generally received
as sincere. However, the ac-
curacy of of his testimony
was called into question,
specifically regarding his
drinking habits.
Ultimately, the Sen-
ate committee voted 11-10
along party lines to advance
the nomination to a floor
Republicans have the 50
votes needed for Kavana-
ugh’s confirmation in light
of the hearing.
As of Friday, just two
Republican senators, Lisa
Murkowski of Alaska and
Susan Collins of Maine, are
considered possible oppos-
ers.
A third swing vote is
present in Jeff Flake, who
vote. However, when that has expressed support of
vote will take place has yet Kavanaugh but advanced
to be determined as a sup- the importance of an FBI
plemental FBI investigation investigation.
was ordered by President Ultimately, Kavana-
Trump on Sept. 28 to inves- ugh’s confirmation may de-
tigate the allegations against pend upon the Congressio-
the nominee. nal midterm elections.
The inquiry comes af- This November, Re-
ter expressions by both the publicans and Democrats
American Bar Association will battle for control of the
and Senate Judiciary Com- Senate, and the victorious
mittee member Jeff Flake party will likely have power
that due diligence must be over the nomination.
paid before the entire cham- Should Democrats
ber is charged with making get the opportunity to halt
a decision. The scope of the the confirmation, President
investigation, at this point, Trump may be forced to se-
includes both the accusa- lect a more moderate-mind-
tions of Blasey Ford and ed judge for the position.
Ramirez.
Considerable uncer- Editor’s note: Elise Taylor
tainty surrounds the virtu- contributed to this story.
ally unprecedented process,
6 • October 2018
Space force: A new dawn in space on the horizon
Aimee Fanter
Gavel Contributor
On Aug. 9, the Trump
administration announced
plans for a sixth branch of
the U.S. military, the Space
Force, with a mission to
fight potential threats from
other space-faring nations
and to establish a military
presence in the space in-
dustry. President Trump
stated, “It is not enough to
have American presence in
space; we must have Amer-
ican dominance in space.”
Trump’s administra-
tion focused its concern
on threats from leading
space-nations, such as Rus-
sia and China. Based on
this potential to weaponize
satellites, Space Force sup-
porters argue that weap-
ons already exist in space.
In 2007, China intention-
ally destroyed one of its
weather satellites, causing
thousands of new pieces of
debris to orbit Earth.
When orbital debris
collides with other objects,
Trump lender forecloses on thousands of Cleveland homes
Dan McCarthy
Managing Editor
The Intercept and
other news outlets have re-
ported that in recent years
Deutsche Bank has lent
President Trump millions of
dollars when other financial
institutions have refused.
Between 2000 and
2018, approximately 1 in
6 properties in the city of
Cleveland was affected by
the foreclosure crisis.
Within that timeframe,
Deutsche Bank was the
plaintiff in over 2,200 of
foreclosure cases in the city.
While the recession caused
mass economic disruption
a decade ago, the Cleve-
land real estate market had
shown signs of dysfunction
long before the financial
collapse.
Roughly two decades
ago, a wild-wild-west cul-
ture captured Cleveland in
residential mortgage financ-
ing. Predatory lending prac-
tices were widespread and
afflicted neighborhoods east
and west of the Cuyahoga
River. Loan products now
referred to as “liar loans” or
“balloon mortgages” were
Write for The Gavel: E-mail submissions to gavel@csuohio.edu
it can cause a cascade of
debris. If debris damages
another nation’s satellites,
it can harm, in effect, its
economy. Indeed, while
unlikely that Martians plan
to attack Earth, space is a
dangerous environment lit-
tered with orbital debris.
Jim Cooper, a Democrat of
Tennessee and supporter of
the Space Force, stated that
“Seldom has a great nation
been so vulnerable.”
Critics of the proposed
Space Force question what
threats in outer space could
cause the United States to
create such a branch of the
military. No new branch
of the military has formed
since the creation of the Air
Force in 1947. Creation of a
Space Force would require
both significant spending
and Congressional approv-
al.
Not waiting for Con-
gress to debate whether a
Space Force is necessary
or not, the White House
has pushed to create the
sold to residents citywide.
Investment banks sold secu-
rities backed by the expect-
ed interest from the loans,
ultimately leading to a mas-
sive real-estate bubble.
When the bubble burst,
thousands of residents were
left holding the bag.
Cleveland’s population
has been on a steady decline
over the last half-century,
but in recent years losses
were particularly severe in
the neighborhoods hit hard-
est by home abandonment.
Abandonment that, in many
cases, was never legally re-
quired.
While Cleveland has
suffered from high rates of
home mortgage foreclosure
for years, the city became
the epicenter for the nation-
al foreclosure crisis in 2008
when the zip code 44105,
Cleveland’s Slavic Village,
saw record foreclosures,
more than any other zip
code in the United States.
When lenders could
not collect money owed on
home loans, the borrower
would go into default, and
the lender would warn of
impending foreclosure ac-
tions. To borrowers, the
The President asked Congress to approve $13 billion
to create the new Department of the Space Force,
the U.S. Space Command, and the Space Develop-
ment Agency over a five year period.
U.S. Space Command by
the end of 2018. Outlined
plans include a U.S. Space
Command, a “Space Op-
erations Force,” which
consists of an elite group
of warfighters in space,
and a Space Development
Agency. The Trump admin-
istration, focused on estab-
lishing support for Space
Force, launched possible
logos and merchandise for
Trump’s 2020 reelection
campaign.
While garnering sup-
port for a Space Force is
one thing, financing it is
another. In 2017, the Con-
gressional Budget Office
reported spending $590
billion for defense, which
is about 15% of the federal
threat implied that the bank
would seize the borrower’s
home—the house consid-
ered collateral for the mort-
gage the borrower could not
pay. As a result, thousands
of Cleveland home-owners
walked away from their
homes.
However, after walk-
ing away, homes remained
in the borrower’s name.
While a resident can le-
gally stay in her home un-
til a court bailiff evicts her,
in Cleveland thousands of
properties were abandoned
by residents who were un-
der the impression that they
forfeited their home to the
bank.
Indeed, lenders that
could threaten foreclosure,
in many cases, never took
title to the properties. A
person who would check
with the County Auditor to
see who owned property
in these cases would see
the borrower’s name, not
the bank’s. In the absence
of follow-through on the
lender’s part to complete
the foreclosure actions, the
homeowner never lost title
to their house.
Frequently, owners
budget.
The President asked
Congress to approve $13
billion to create the new
Department of the Space
Force, the U.S. Space
Command, and the Space
Development Agency over
a five year period. Critic of
the proposed budget, Todd
Harrison of the Center for
Strategic and International
Studies (CSIS), stated that
the methodology of the
budget was “not very so-
phisticated,” adding that
there was no data to sup-
port the administration’s
figures.
Congressional ap-
proval for an expensive
idea is hard to obtain, and
the proposed $13 billion
weren’t made aware of this
until years after the fact. Af-
ter vacating from what they
thought were their former
homes, the situation would
come to light in Cleveland
Housing Court. Homeown-
ers—not the banks—were
slapped with code viola-
tions carrying substantial
fines and possible jail time.
The judge would explain to
these confused and unsus-
pecting property owners the
sad, legal predicament.
In many cases, scrap-
pers already had stripped
the copper plumbing and
wire from the abandoned
structures, leaving the
blighted structures littering
hundreds of city blocks vir-
tually worthless.
Individuals who found
themselves in this situation
often had already declared
bankruptcy. However, le-
gal title to real property—a
house for example—does
not terminate in personal
bankruptcy proceedings.
Meaning, homeowners
who thought they lost their
house to foreclosure found
out they never, in fact, lost
ownership; and now they
owed thousands of dollars
THE GAVEL
is an astronomical amount
to create a new branch of
the military to mirror what
the Department of Defense
does currently. Further-
more, there is the fear that
a Space Force would raise
tension in space and would
violate international law.
In 1967, Congress
ratified “The Treaty of
Principles Governing the
Activities of States in the
Exploration and Use of
Outer Space, including the
Moon and Other Celestial
Bodies,” also known as the
“Outer Space Treaty.” The
treaty established that “the
Moon and other celestial
bodies shall be used…ex-
clusively for peaceful pur-
poses. The establishment
of military bases, installa-
tions, and fortifications…
shall be forbidden.”
Whether or not the
Trump administration has
effectively argued why a
Space Force is required re-
mains to be answered by
lawmakers.
to the city for failed house
upkeep.
In so many situations,
the former homes were be-
yond salvaging. Repair costs
exceeded real-estate market
valuations of the houses.
As a result, thousands of
homes were demolished by
contractors receiving funds
from state and local govern-
ments.
In a city with 177,000
parcels of property, 50,000
properties have been
touched by foreclosure
since 2000.
Wealth in the city has
yet to recover from the
housing market’s collapse.
Today, thousands of fewer
residents live in homes they
own. Over 50% of children
in the city live in poverty,
and wages remain stag-
nant. Because lenders never
took title in these foreclo-
sures, institutions such as
Deutsche Bank faced little
to no liability for the wide-
spread abandonment and
resulting tragedy. Finan-
cial equity for so much of
Cleveland—particularly in
the African American com-
munity—was lost as a re-
sult.
THE GAVEL October 2018 • 7

Above: Bust of Karl Marx in Chemnitz. Demonstrators used the

statue as a meeting point for recent protests -- Photo by Reinhard
Holl Left: Anti-immigrant marchers take to the streets in Dresden
for a 2016 PEGIDA demonstration -- Photo by Chrystalcolor

German politics take a hard turn to the right

Line Eichorst
Gavel Contributor
During the week of
Aug. 26, demonstrations
marred by neo-Nazi vio-
lence shook Chemnitz, Ger-
many, a city in the eastern
state of Saxony. Observ-
ers feared the right-wing
demonstrations were an-
other sign that mainstream
politicians continue to lose
the debate on migration in
Germany as the country’s
politics shift to the right.
On the night of Aug.
25, a group of men got into
an argument at a festival in
the city. While the reasons
that led to the attack are
unclear, one man pulled out
a knife, and three people
were injured. One victim
died in hospital.
Stories of the stab-
bing spread quickly online.
Commentators focused on
the nationality of the men
involved. The 35-year-old
who was stabbed to death,
Daniel H. was German.
The suspected assailants
were a 23-year-old Syrian
and a 22-year-old Iraqi.
The day after the stab-
bing, a right-wing extrem-
ist group of hooligans
announced on Facebook
for supporters to gather at
the bust of Karl Marx in
the city’s square to make a
show of force.
Around 800 sym-
pathizers appeared at the
meeting point, among
them members of far-right
extremist groups. Videos
from the subsequent march
showed demonstrators in-
sulting and hunting people
they regarded as foreigners.
Last year’s German
elections highlighted the
political change sweeping
Germany. The right-wing
populist party, Alterna-
tive for Germany (AfD)
won over 13% of the vote.
Founded only 5 years ago,
the AfD has evolved from
a minor party to a driving
force in the German politi-
cal debate.
For many, the riots in
Chemnitz highlighted the
political direction of the
AfD. AfD party members
joined a phalanx of neo-Na-
zis in the violent marches.
AfD leader, Björn Höcke,
marched alongside Pegida
activists - an anti-Islam
and anti-immigrant group
renowned for staging anti-
immigrant demonstrations
in Dresden, Germany.
Recent research in two
German newspapers, the Ta-
gesspiegel and Zeit Online,
showed that since 1990 at
least 169 people have been
killed in Germany by neo-
Nazis and other right-wing
extremists. An additional 61
fatalities indicated a right-
wing, political motive on
the part of the perpetrator.
A recent Bild am
Sonntag poll reported AfD
rose to 17% support in
Germany, which made it the
second most popular po-
litical party behind Angela
Merkel’s ruling coalition.

YEMEN
From page 1

Senator Chris Murphy

decried the war, stating,
“This horror is caused in part
by our decision to facilitate
a bombing campaign that is
murdering children and to
endorse a Saudi strategy in-
side Yemen that is deliber-
ately using disease and star-
vation and the withdrawal
of humanitarian support as a
tactic.”.
Jim Schlecht, an out-
reach worker for CARE al-
liance, attended the Aug. 28
demonstration “to acknowl-
edge complicity” and “to re-
pent” for the U.S. military’s
role in the conflict.
The demonstration was
a “witness of Catholic Work-
ers at the airshow in Cleve-
land” which had its roots in
protests going back to the
1980s against U.S. military
involvement during El Sal-
vador’s civil war.
A slate of protests orga-
nized by the Catholic Work-
er were scheduled for Labor Photo by Dan McCarthy
Day weekend in the lead-up Demonstrators protest U.S. involvement in Yemen conflict in front of the Celebrezze Federal Building in
to the Cleveland Air Show. downtown Cleveland on Aug. 28.
THE GAVEL
Blockchain Law & Business Association forms at Marshall
Pat Lipaj
Gavel Contributor
Unfamiliar with the term
blockchain? If so, you are not alone.
A new C|M|Law-based student
organization has been founded: the
Blockchain Law & Business Asso-
ciation. The group hopes to educate
CSU students about the legal and
business opportunities surrounding
blockchain.
Indeed, enthusiasm around
blockchain technology spread
across C|M|Law and the city of
Cleveland the past year. With the
growing buzz comes opportunity –
especially for law students.
In April, the Cleveland State
Law Review themed its annual
symposium on the topic “Block-
chain Law & Technology,” drawing
several of the nation’s premier ex-
perts on blockchain technology.
In June, Cleveland-Marshall
launched the C|M|Law Tech Lab,
offering a variety of tech-related
Midterms: Democrats face uphill battle to take Senate
Matt Wagner
Gavel Contributor
With the 2018 midterms less
than two months away, elections
will be increasing in intensity with
more commercials, voter outreach,
rallies, and other campaign-related
activities. In the Senate, Repub-
licans currently hold 51 seats as
Democrats hold 47 while 2 Inde-
pendents (Senators Bernie Sanders
and Angus King) caucus with the
Democrats. 10 incumbents Demo-
crats hold seats in states Trump won
in 2016 while Republicans are de-
fending just 1 seat in a state Hillary
Clinton won. Here are some of the
Senate races to watch:
Arizona -
McSally (R) v. Sinema (D)
Arizona provides one of the
few pickup opportunities for Dem-
ocrats. Three-term Representative
Kyrsten Sinema has led in most
polls since the spring, a recent CNN
poll showing her with a 7-point
lead at 50%. Her opponent, two-
term Representative and Air Force
veteran Martha McSally, was em-
broiled in a contentious primary,
while Sinema faced nominal oppo-
sition. Simena, having avoided the
need to employ any divisive tactics
is currently viewed more favorably
than McSally by voters. Additional-
ly, the state has grown increasingly
competitive in recent elections as it
becomes more diverse.
Florida -
Nelson (D) v. Scott (R)
In Florida, two-term Republi-
Write for The Gavel: E-mail submissions to gavel@csuohio.edu
courses, including courses specifi-
cally relating to blockchain.
A month later, Cleveland-Mar-
shall officially joined the Global
Blockchain Consortium.
One key reason for the in-
creasing interest in the technology
around campus stems from “Block-
land,” a project engineered by Ber-
nie Moreno.
Earlier this year, Mr. Moreno,
a prominent Cleveland business-
man and former chairman of the
CSU Board of Trustees, announced
his vision to revitalize the post-
manuftacturing economy in Cleve-
land, dubbing it Blockland.
The idea is to unite Cleve-
land’s business, government, and
community leaders behind a major
initiative in blockchain technology
- before any other region - in order
to establish Cleveland as the Silicon
Valley of blockchain technology.
While such an effort will not
be easy, Blockland is focused on
promoting collaboration between
can Governor Rick Scott, a wealthy
former healthcare executive who
has self-funded his two previous
gubernatorial runs, faces three-term
Democratic Senator Bill Nelson
who hasn’t faced serious opposition
since 2000. Scott, backed $27 mil-
lion of his own money, has domi-
nated airwaves while Nelson has
spent just over $6 million. Scott,
a historically divisive figure in the
state, is also seeing his highest level
of popularity since being elected
governor after Florida’s hurricane
response last year. Despite Scott’s
outspending of Nelson and in-
creased popularity, the remains rel-
atively close. However, the trouble
with Florida for Democrats extends
beyond Scott’s potential win; his
self-funding may set a tone for Re-
publicans in other races like North
Dakota and force Democrats to in-
vest heavily in the media market.
Montana -
Bullock (D) v. Rosendal (R)
As a stronghold for Republi-
cans in presidential elections, Mon-
tana’s race is far more competitive
at statewide offices than imagined.
In the same year that Montanans
favored Trump by an over 20-point
margin, they also re-elected the
state’s Democratic Governor Steve
Bullock. Similar conditions resulted
in incumbent Democratic Senator
Jon Tester’s second-term election,
Mitt Romney handily winning the
state in that year’s presidential elec-
tion. That’s not to say that Repub-
lican nominee Matt Rosendale will
necessarily lose. As the State Audi-
tor, Rosendale won a statewide race
local universities, providing capital
funding opportunities for start-ups,
and enacting blockchain-friendly
legislation.
With these accomplishments,
Blockland is determined that the
region draw the nation’s premier
blockchain startups and labor pool.
The Cleveland Blockland
Conference is set to take place from
Dec. 1 through Dec. 4 at the Hun-
tington Convention Center, in dow-
town Cleveland. The conference
will feature several notable speak-
ers, ranging from IBM executives
to best-selling technology authors,
and Nick Szabo, the inventor of the
“smart contract” and the man often
hypothesized to be the real inventor
of Bitcoin.
Student prices are $100 for the
entire convention, as opposed to
$995 for general admission.
In August, Governor John
Kasich signed into law Senate Bill
220, which officially recognizes
blockchain records in the state of
by a respectable margin and with an
inexpensive media market, outside
spending may blanket the airwaves
in Rosendale’s favor.
New Jersey -
Menendez (D) v. Hugin (R)
In New Jersey, scandal-
plagued two-term incumbent Dem-
ocratic incumbent Bob Menendez
is facing a tougher than expected
opponent in former pharmaceuti-
cal CEO Bob Hugin. Hugin has
largely been able to self-fund in
the expensive media markets and
has attacked Menendez as corrupt.
He regularly points to a recent ad-
monishment from the Senate Ethics
Committee for Menendez’s accept-
ing of gifts, though official crimi-
nal charges were dropped after an
initial trial resulted in a hung jury.
Menendez has tried to paint his
opponent as a baron who profited
from price gouging while CEO of
Celgene, but polls show that public
awareness of his business dealings
is spotty. In response, Hugin has
made a recent ad buy to defend his
role at Celgene. It is yet to be seen if
Hugin’s association with President
Trump will hurt or help him in this
race.
North Dakota -
Heitkamp (D) v. Cramer (R)
Of all the Democratic Senators
running for re-election, few have a
path more difficult than first term
Senator Heidi Heitkamp. After an
upset win in 2012, the North Da-
kota Senator has positioned herself
as a moderate willing to cross the
party line. However, in a state that
October 2018 • 8
Ohio. Although it is only a prelimi-
nary step in making to make the re-
gion more blockchain friendly, the
legislation already puts Ohio ahead
of most other states.
Further, many of Cleve-
land’s larger law firms are now ex-
plicitly featuring “blockchain law”
as a service area offered on their
websites. A recent search found
the term “blockchain” listed on the
home pages of Jones Day, Thomp-
son Hine, Benesch, and others.
To learn more about block-
chain and for more opportunities
surrounding the technology, sign
up for the free Blockchain Law &
Business Association’s newsletter
by e-mailing:
BlockchainLBA@gmail.com
Editor’s note: Pat Lipaj is co-pres-
ident of the C|M|Law Blockchain
Law & Business Association
Donald Trump won by a 36-point
Margin, even the most bipartisan
Democrat would have difficulty in
this state. Her Republican opponent
is three-term Congressman Kevin
Cramer. And being one of the most
vulnerable Democrats in Congress,
outside groups have flooded the
state with attack odds on Heitkamp.
Given the state’s relatively cheap
media market, an ad buy by outside
groups may go a long way. Howev-
er, with recent polls showing health-
care as the most important issues to
North Dakota voters, and the fact
that those voters prefer Heitkamp
by a large margin, she may pull off
another upset.
Texas -
Cruz (R) v. O’Rourke (D)
In Texas, incumbent first-term
Senator Ted Cruz faces three-term
Representative Beto O’Rourke.
Texas has historically favored Re-
publican candidates, and in the race
for governor, the incumbent Repub-
lican Greg Abbott holds a strong
lead over his challenger. In a time
when ticket splitting is uncommon,
that may prove to benefit Sena-
tor Cruz. However, O’Rourke has
drawn crowds in high numbers and
made a point to campaign in every
county in the state. In a state with
many counties of less than 1000
residents, O’Rourke may be the first
statewide candidate to visit many of
these areas. Additionally, much like
Scott is forcing Democrats to spend
in Florida, O’Rourke is forcing Re-
publicans to spend in Texas which
may benefit Democrats in other
states.