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Case Western Reserve University School of Law

2011

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In Brief Jan 2011

In Brief

In Brief

Table of Contents

  • Professors and Students Provide Assistance to Kenya Piracy Court
  • Patents and the Human Genome
  • Can a Party Appeal the Denial of Summary Judgment After Trial?
  • The Federal Public Defender Externship
  • Profile (Clancy)
  • School of Law Selected by ABA Criminal Justice Section for Prosecution and Defense Standards Discussion
  • The Coleman P. Burke Endowed Chair Honors Professor Leon Gabinet for Four Decades of Teaching
  • Faculty Briefs
  • School of Law Welcomes U.S. Supreme Court Justice Sonia Sotomayor
  • School of Law's Ohio Bar Passage Rate for All Test Takers Highest in the State
  • The Kramer Family Continues to Positively Impact Law …


In Brief Jan 2011

In Brief

In Brief

Table of Contents

  • A Conversation with Dean Mitchell, the School of Law's 17th Dean
  • The Constitutionality of the Individual Mandate in the Affordable Care Act
  • Do Forensic Scientists Have Confirmation Bias?
  • Internet Domains, Trademarks, and Free Speech
  • Employment Discrimination Law and the Concept of Immutability
  • Getting What You Pay For
  • Protecting Gideon v. Wainwright
  • New Interdisciplinary Graduate Program (FUSION)
  • Faculty Briefs
  • Expand Your Network by Connecting with Students
  • Commencement 2011
  • Update from Student Bar Association President Jocelyn Hsaio
  • Alumni Spotlight
  • Working for the Special Tribunal for Lebanon (Rassi)
  • Class Notes
  • in Memoriam


What Domestic And International Legal Efforts Can Best Ensure The Freezing Of Assets And Money Acquired Through Acts Of Piracy?, Baker & Mckenzie Llp Jan 2011

What Domestic And International Legal Efforts Can Best Ensure The Freezing Of Assets And Money Acquired Through Acts Of Piracy?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


Can Piracy Be Considered A Crime Against Humanity For Purposes Of The Jurisdiction Of The International Criminal Court?, Baker & Mckenzie Llp Jan 2011

Can Piracy Be Considered A Crime Against Humanity For Purposes Of The Jurisdiction Of The International Criminal Court?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


Prosecuting Child Pirates, Danielle Fritz Jan 2011

Prosecuting Child Pirates, Danielle Fritz

War Crimes Memoranda

No abstract provided.


Case Brief: In Re Mohamud Mohamed Hashi Et Al. (2009), Pilpg Jan 2011

Case Brief: In Re Mohamud Mohamed Hashi Et Al. (2009), Pilpg

War Crimes Memoranda

No abstract provided.


Patient Navigation Through The Justice System: A Response To The High Infant Mortality Rate In One Community, Susan Holsapple Jan 2011

Patient Navigation Through The Justice System: A Response To The High Infant Mortality Rate In One Community, Susan Holsapple

Societies Without Borders

The purpose of this evaluative study was two-fold; one was to evaluate a grant supported program that used the justice system to offer patient navigation services and the second goal was to provide a qualitative evaluation of the women’s health care experiences as they went through a court mandated drug program. Primary data was obtained from interviews with forty-seven program participants (n=47) from March, 2008 until January, 2010, and participant observation was used to explore treatment modalities and options available to these women. Secondary data was obtained from program staff as well as a review of the survey evaluation process …


What Are The Common Forms Of Lawyer Misconduct Likely To Occur Before The Eccc, And How Can The Eccc Address And Sanction Such Misconduct?, Rizwan Chowdhry Jan 2011

What Are The Common Forms Of Lawyer Misconduct Likely To Occur Before The Eccc, And How Can The Eccc Address And Sanction Such Misconduct?, Rizwan Chowdhry

War Crimes Memoranda

No abstract provided.


Under International Standards Of Justice, Can Audio Or Video Recordings Of Distress Calls And Footage From Vessels Allegedly Subjected To Piratical Attacks Be Admitted Into Evidence? How Would Authenticity Be Proved? Does This Deny The Opportunity To Cross-Examine?, Baker & Mckenzie Llp Jan 2011

Under International Standards Of Justice, Can Audio Or Video Recordings Of Distress Calls And Footage From Vessels Allegedly Subjected To Piratical Attacks Be Admitted Into Evidence? How Would Authenticity Be Proved? Does This Deny The Opportunity To Cross-Examine?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


In What Ways Should Provisions And Agreements Governing Surrender And Legal Assistance Of A Security Council-Created Piracy Court Differ From A War Crimes Tribunal?, Brett Ashley Edwards Jan 2011

In What Ways Should Provisions And Agreements Governing Surrender And Legal Assistance Of A Security Council-Created Piracy Court Differ From A War Crimes Tribunal?, Brett Ashley Edwards

War Crimes Memoranda

No abstract provided.


Comparative Analysis Of The Modes Of Individual Criminal Responsibility As Defined By Article 3(1)(A) Of The Statute Of The Special Tribunal For Lebanon And The Modes As Defined In The Statutes Of The International Criminal Tribunal For The Former Yugoslavia, The International Criminal Tribunal For Rwanda, The Special Court For Sierra Leone, And The International Criminal Court Asserting That The Differences In Language Utilized By The Statutes Of International Tribunals To Denote The Modes Of Individual Criminal Responsibility Serve A Non-Substantive Legal Purpose., Ashanti C. Lisowitz Jan 2011

Comparative Analysis Of The Modes Of Individual Criminal Responsibility As Defined By Article 3(1)(A) Of The Statute Of The Special Tribunal For Lebanon And The Modes As Defined In The Statutes Of The International Criminal Tribunal For The Former Yugoslavia, The International Criminal Tribunal For Rwanda, The Special Court For Sierra Leone, And The International Criminal Court Asserting That The Differences In Language Utilized By The Statutes Of International Tribunals To Denote The Modes Of Individual Criminal Responsibility Serve A Non-Substantive Legal Purpose., Ashanti C. Lisowitz

War Crimes Memoranda

No abstract provided.


Investigative Deceit, Kevin C. Mcmunigal Jan 2011

Investigative Deceit, Kevin C. Mcmunigal

Faculty Publications

Is it ever ethical for a lawyer to ask or assist another person to lie on behalf of a client? Despite ethical rules categorically banning both personal and vicarious deceit, prosecutors routinely supervise police officers and informants who use deceit in investigating drug and sex offenses, organized crime, and terrorism. May defense lawyers make use of investigative deceit in criminal investigations? In this Essay, the Author examines this issue, the ethical rules bearing on it, and the recent trend in a number of jurisdictions allowing the use of investigative deceit by the defense. Drawing on his participation in a series …


Justice For All: Protecting The Translation Rights Of Defendants In International War Crime Tribunals, Kavitha R. Giridhar Jan 2011

Justice For All: Protecting The Translation Rights Of Defendants In International War Crime Tribunals, Kavitha R. Giridhar

Case Western Reserve Journal of International Law

No abstract provided.


International Law In Crisis: Challenges Posed By The New Terrorism And The Changing Nature Of War, John F. Murphy Jan 2011

International Law In Crisis: Challenges Posed By The New Terrorism And The Changing Nature Of War, John F. Murphy

Case Western Reserve Journal of International Law

No abstract provided.


An Age Of Extremes: International Law In Crisis: Eight Challenges, David M. Crane Jan 2011

An Age Of Extremes: International Law In Crisis: Eight Challenges, David M. Crane

Case Western Reserve Journal of International Law

No abstract provided.


Fifty Years After: A Critical Look At The Eichmann Trial, Ruth Bettina Birn Jan 2011

Fifty Years After: A Critical Look At The Eichmann Trial, Ruth Bettina Birn

Case Western Reserve Journal of International Law

No abstract provided.


Victims Before International Criminal Courts: Some Views And Concerns Of An Icc Trial Judge, Christine Van Den Wyngaert Hon. Jan 2011

Victims Before International Criminal Courts: Some Views And Concerns Of An Icc Trial Judge, Christine Van Den Wyngaert Hon.

Case Western Reserve Journal of International Law

No abstract provided.


Combating Cyberbullying Within The Metes And Bounds Of Existing Supreme Court Precedent, Amada Mchenry Jan 2011

Combating Cyberbullying Within The Metes And Bounds Of Existing Supreme Court Precedent, Amada Mchenry

Case Western Reserve Law Review

No abstract provided.


The Senior Management Mens Rea: Another Stab At A Workable Integration Of Organizational Culpability Into Corporate Criminal Liability, George R. Skupski Jan 2011

The Senior Management Mens Rea: Another Stab At A Workable Integration Of Organizational Culpability Into Corporate Criminal Liability, George R. Skupski

Case Western Reserve Law Review

No abstract provided.


Confidentiality And Claims Of Ineffective Assistance, Peter A. Joy, Kevin C. Mcmunigal Jan 2011

Confidentiality And Claims Of Ineffective Assistance, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

This column discusses what a defense lawyer should do when called upon to reveal client information in response to an ineffective assistance of counsel claim.


The Problems Of Plagiarism As An Ethics Offense, Peter A. Joy, Kevin C. Mcmunigal Jan 2011

The Problems Of Plagiarism As An Ethics Offense, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

This column questions the practices of labeling attorney copying, even without acknowledgement, as plagiarism, and treating it as a per se ethics violation. Instead, the column argues that analysis of copying in the litigation context should focus directly on the quality of the filing at issue and the competence and diligence of the lawyer who prepared it.


Contingent Rewards For Prosecutors?, Peter A. Joy, Kevin C. Mcmunigal Jan 2011

Contingent Rewards For Prosecutors?, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

This column explores whether contingent reward plans for prosecutors are ethical. After weighing arguments in favor and against such plans, the column concludes that rewards for prosecutors contingent on trial convictions are unsound.


Mission Creep In Military Lawyering, Elizabeth L. Hillman Jan 2011

Mission Creep In Military Lawyering, Elizabeth L. Hillman

Case Western Reserve Journal of International Law

No abstract provided.


American Vertigo: "Dual Use," Prison Physicians, Research, And Guantanamo, George J. Annas Jan 2011

American Vertigo: "Dual Use," Prison Physicians, Research, And Guantanamo, George J. Annas

Case Western Reserve Journal of International Law

No abstract provided.


"The Crisis In The Implementation Of International Law", Richard Goldstone Hon. Jan 2011

"The Crisis In The Implementation Of International Law", Richard Goldstone Hon.

Case Western Reserve Journal of International Law

No abstract provided.


When Regulation Becomes Personal: Asserting Retaliatory Enforcement Claims Against Regulatory Agencies, Mark Brian Skerry Jan 2011

When Regulation Becomes Personal: Asserting Retaliatory Enforcement Claims Against Regulatory Agencies, Mark Brian Skerry

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Divided Loyalties: Ethical Challenges For America's Law Enforcement In Post 9/11 America, Cynthia A. Brown Ph.D. Jan 2011

Divided Loyalties: Ethical Challenges For America's Law Enforcement In Post 9/11 America, Cynthia A. Brown Ph.D.

Case Western Reserve Journal of International Law

No abstract provided.