Digital Commons Network^™

Sealing The Record: An Analysis Of Jurisdictional Variations Of Juvenile Sex Offender Record Sealing Laws, Nori Wieder

Health Matrix: The Journal of Law-Medicine

No abstract provided.

A Slapp Back On Track: How Shady Grove Prevents The Application Of Anti-Slapp Laws In Federal Courts, Tyler J. Kimberly

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 6 Issue 1

Journal of Law, Technology, & the Internet

No abstract provided.

Addressing Cyber Harassment: An Overview Of Hate Crimes In Cyberspace, Danielle Keats Citron

Journal of Law, Technology, & the Internet

"This short piece will take a step back and give an overhead view of the problem of cyber harassment and the destructive impact it can have on victims’ lives. Then, it will address about what the law can do to combat online harassment and how a legal agenda can be reconciled with the First Amendment. Finally, it will turn to recent changes in social media companies’ treatment of online abuse and what that might mean for our system of free expression." Symposium Article.

More Harm Than Good? Why Schools Who Take A Zero-Tolerance Stance On Cyberbullying Cause More Problems Than Solutions, Sydney L. Brunecz

Journal of Law, Technology, & the Internet

"Cyberbullying has become an epidemic in today’s society. Cyberbullying has escalated so much that some victims commit suicide in order to escape their tormentors. Increased media coverage of these suicides has led the public to demand legislative action. Although no federal law exists, state legislation has been enacted to prevent bullying and cyberbullying. Most states delegate this task to public schools that respond by implementing zero- tolerance policies. Zero-tolerance policies against bullying and cyberbullying can impinge on many student rights, including speech protected by the First Amendment. Well intentioned zero tolerance policies may infringe on Constitutionally protected free speech, and …

Volume 6 Issue 1 (2015-2016), Case Western Reserve Journal Of Law, Technology & The Internet

Journal of Law, Technology, & the Internet

No abstract provided.

The Fda Guidance Document For Medical Mobile Apps And Its Impact On Innovation: Bringing The Promise Of A New Way To Look At Medicine Closer, Or Pushing It Further?, Ioana Ciopraga

Journal of Law, Technology, & the Internet

"This Note critiques the guidance document released by the Food and Drug Administration (“FDA”) in connection with the medical mobile apps it intends to regulate and the regulations that govern medical mobile apps. Specifically, the main argument of this Note is that, while the document is clearly a step in the right direction, significantly more guidance, focused on the characteristics of this new field, such as the rapid change of mobile technology, and on the transformational impact on healthcare of health IT in general and mHealth in particular, should follow soon. Part I provides an overview of the guidance document, …

Fracking Fad: The Morally Ambiguous Method Of Extraction And The Trade Secret Protections Of Its Chemical Formulas, Vince Villio

Journal of Law, Technology, & the Internet

"Hydraulic fracturing (“fracking”) has taken the nation’s political soapbox by storm in the last decade, despite being in practice since the mid-20th century. The recent surge of debate comes from an increasing amount of states passing regulatory schemes for when fracking is used in the extraction of natural gas and other energy producing materials. The regulation of energy extraction has been and continues to be a state issue rather than federal. One of the major concerns of the energy industry with new regulation is the increasing demand for disclosure of the chemicals and processes used in fracking, something the industry …

The Right To Be Forgotten: A Step In The Right Direction For Cyberspace Law And Policy, Lyndsay Cook

Journal of Law, Technology, & the Internet

This comment examines a case referred to the Court of Justice of the European Union (“EU”) on “a Spanish citizen’s complaint against Google Spain and Google Inc.. arguing that an auction notice of his repossessed home on Google’s search results, violated his privacy rights because the repossession proceeding had been resolved long ago, and was no longer relevant. The EU court was asked to decide whether an individual has the right to request that his or her personal data be removed from accessibility via a search engine (‘the right to be forgotten’). In a landmark decision, the EU court held …

Computer Fraud And Abuse Or Prosecutorial Fraud And Abuse: Time For Change, Victor Manolache

Journal of Law, Technology, & the Internet

“The [Computer Fraud and Abuse Act] CFAA’s scope has been expanded through revisions. Today, the CFAA is over-inclusive of criminal activity, creating over-criminalization that is only checked by prosecutorial discretion... This Note shall explain both problems and offer a possible solution to each. Section I discusses the history of computer crime law. Section II presents the circuit split and offers a solution. Section III discusses consequences of the CFAA’s bright line approach. Section IV proposes an amendment to the CFAA that creates an exception for types of uses that, although unauthorized, should not merit criminal prosecution. Aaron Swartz’ case is …

Masthead, Volume 39 (2015)

Canada-United States Law Journal

No abstract provided.

Volume 39, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Volume 65 Issue 3 (2015), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Banks, Marijuana, And Federalism, Julie Andersen Hill

Case Western Reserve Law Review

No abstract provided.

Colorado's Rollout Of Legal Marijuana Is Succeeding: A Report On The State's Implementation Of Legalization, John Hudak

Case Western Reserve Law Review

No abstract provided.

Modern-Day Nullification: Marijuana And The Persistence Of Federalism In An Age Of Overlapping Regulatory Jurisdiction, Ernest A. Young

Case Western Reserve Law Review

No abstract provided.

Symposium Executive Discretion And The Administrative State: Introduction, B. Jessie Hill

Case Western Reserve Law Review

No abstract provided.

The President And The Constitution, Peter L. Strauss

Case Western Reserve Law Review

No abstract provided.

Jimmy Carter's And James Miller's Revenge: The Reasons And The Consequences For Presidential And Congressional Power Of Measures To Ban Congressional "Earmarks", Joseph White

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 66 Issue 1 (2015)

Case Western Reserve Law Review

No abstract provided.

National Football League Management Council V. National Football League Players Association: Deflategate Reviewed, Zachary J. Lafleur

Case Western Reserve Law Review

It is easy to dismiss the decision as the conclusion of an overreported story that relates to an over-reported league, but Deflategate and the facts surrounding the case provide unique insight into the tensions that exist between the NFL’s commissioner, owners, the players’ union, players, and fans.

Nonlethal Weapons, Noncombatant Immunity, And The Principle Of Participatory Liability, Michael L. Gross

Case Western Reserve Journal of International Law

No abstract provided.

Volume 66 Issue 1 (2015), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Rethinking Jacob & Youngs V. Kent, Victor P. Goldberg

Case Western Reserve Law Review

The legal background will be described in Part I. I begin with the development of the doctrine of substantial performance and the role of willfulness. If the contractor’s compensation were conditional on the architect providing a certificate of completion, what happens if the architect refused to provide the certificate? If a court concludes that the work had been substantially performed, how should the contractor’s award be modified? In Part II, I revisit Jacob & Youngs to show how the result followed from the pre-existing law. That, of course, does not mean that it was a sensible outcome. In Part III, …

Protecting Medical Marijuana Users In The Workplace, Kathleen Harvey

Case Western Reserve Law Review

Part I of this Note gives a brief history of marijuana regulation in the United States. Part II describes how drug testing works and why employers do it. And it presents some of the issues that the federal prohibition poses for employers and employees. Part III analyzes state court opinions that have addressed the question of whether employers may fire employees for off-site medical marijuana use that does not impair work performance. Every court thus far has ruled in favor of the employer, but some of the opinions and dissents acknowledge that the legislatures could amend their states’ statutes to …

Masthead, Volume 66 Issue 2 (2015)

Case Western Reserve Law Review

No abstract provided.

Book Review: Michael Stokes Paulsen And Luke Paulsen, The Constitution: An Introduction, Shlomo Slonim

Case Western Reserve Law Review

Anyone interested in learning more about the Constitution, its interpretation and development over the past two-plus centuries, and which issues are today the most critically divisive, will find this work to be a superb and eminently readable introduction. It is instructive and enlightening without being ponderous. The prose is crisp and straightforward, unburdened by legal jargon. There are no footnotes or endnotes. And the reader requires no legal dictionary to appreciate the thrust of the discussion at each point.

Trial By Traditional Probability, Relative Plausibility, Or Belief Function?, Kevin M. Clermont

Case Western Reserve Law Review

Almost incredible is that no one has ever formulated an adequate model for applying the standard of proof. What does the law call for? The usual formulation is that the factfinder must roughly test the finding on a scale of likelihood. So, the finding in a civil case must at least be more likely than not or, for the theoretically adventuresome, more than fifty percent probable. Yet everyone concedes that this formulation captures neither how human factfinders actually work nor, more surprisingly, how theory tells us that factfinders should work.

An emerging notion that the factfinder should compare the plaintiff’s …

The Unlikely Meeting Between Dzhokhar Tsarnaev And Benjamin Quarles, Brian Gallini

Case Western Reserve Law Review

Part I explores the Marathon Bombing in more detail alongside the government’s reliance on Quarles to interrogate Tsarnaev. Part II then seeks to place the Tsarnaev interrogation in the context of modern judicial constructions of the public safety exception. Doing so firmly illustrates that the government’s position was unsupported by judicial precedent.

By focusing on the Quarles decision itself, Part III then seeks to provide a proper historic context for the government’s decision not to read Tsarnaev his Miranda warnings. In particular, Part III considers the Justices’ private papers from Quarles to demonstrate that the Court never considered anything beyond …

Digital Metal: Regulating Bitcoin As A Commodity, Mitchell Prentis

Case Western Reserve Law Review

In this Note, I will argue that Bitcoin should be categorized and regulated as a commodity. This treatment would be consistent with the economic behavior of Bitcoin’s users and would provide a clearer regulatory path for Bitcoin’s future. Additionally, categorizing Bitcoin as a commodity would provide increased clarity to existing regulatory efforts. Part I of this Note will briefly discuss the basic technological underpinnings of the Bitcoin system. Part II will quickly survey the current regulatory landscape around Bitcoin. Part III will examine Bitcoin’s identity crisis and explain why Bitcoin should not be categorized as a currency or a security—the …