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Case Western Reserve University School of Law

2015

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The Debate Over Autonomous Weapons Systems, Gregory P. Noone Dr., Diana C. Noone Dr. Apr 2015

The Debate Over Autonomous Weapons Systems, Gregory P. Noone Dr., Diana C. Noone Dr.

Case Western Reserve Journal of International Law

No abstract provided.


In Brief Jan 2015

In Brief

In Brief

Table of Contents

  • Jessica Berg and Michael Scharf Appointed as Co-Deans of the Law School
  • A Message from the Deans
  • First-Year Students Gain Experience Working with Real Clients
  • Changing Lives over Spring Break
  • Law Students File Class-Action Lawsuit...
  • Advancing Our Neighborhoods
  • Successful Persistence
  • Two Alums Secure Verdicts over $40 Million
  • For Her Father and for the Workers
  • Achieving the American Dream
  • Featured Columnist for MedPage Today
  • No Day Is Typical for This Alumnus on a Small Island Nation
  • Serving as Health Care Policy Advisor for a Congressman
  • Brigade Judge Advocate, Deployed to Liberia During the Ebola Epidemic
  • Celebrating Lew Katz's …


Prosecution Disclosure Obligations, Jeradon Z. Mura Jan 2015

Prosecution Disclosure Obligations, Jeradon Z. Mura

War Crimes Memoranda

No abstract provided.


If The Residual Mechanism Should Close For Example In Sierra Leone. What Should Happen To The Prisoners Who Choose To Vioalte The Conditions Of Early Release? What Options Are Available To Monitor And Enforce The Conditions Of Release?, Matilda Sodiya Jan 2015

If The Residual Mechanism Should Close For Example In Sierra Leone. What Should Happen To The Prisoners Who Choose To Vioalte The Conditions Of Early Release? What Options Are Available To Monitor And Enforce The Conditions Of Release?, Matilda Sodiya

War Crimes Memoranda

No abstract provided.


International Standards For Forensic Digital Evidence, Amar Dzaferovic Jan 2015

International Standards For Forensic Digital Evidence, Amar Dzaferovic

War Crimes Memoranda

No abstract provided.


Legal Obligations Of States And Organizations Under The Rome Statute. Specifically Addressing The Legal Obligations Of States Parties, Non-States Parties, And The Security Council, And Analyzing What Options Exist To Aid The Icc In Its Enforcement Of These Obligiations., Jessica Joyce Jan 2015

Legal Obligations Of States And Organizations Under The Rome Statute. Specifically Addressing The Legal Obligations Of States Parties, Non-States Parties, And The Security Council, And Analyzing What Options Exist To Aid The Icc In Its Enforcement Of These Obligiations., Jessica Joyce

War Crimes Memoranda

No abstract provided.


Finality Of Trial Judgment When Accused Dies Or Is Found Mentally Unfit Before Final Appellate Verdict, Katelyn R. Pierce Jan 2015

Finality Of Trial Judgment When Accused Dies Or Is Found Mentally Unfit Before Final Appellate Verdict, Katelyn R. Pierce

War Crimes Memoranda

No abstract provided.


Is The Test For Fitness To Plead The Same During The Appeal Process As The Trial Process At The Eccc?, Khali Blankenship Jan 2015

Is The Test For Fitness To Plead The Same During The Appeal Process As The Trial Process At The Eccc?, Khali Blankenship

War Crimes Memoranda

No abstract provided.


The Spectrum Of Competency: Determining A Standard Of Competence For Pro Se Representation, Ellesha Lecluyse Jan 2015

The Spectrum Of Competency: Determining A Standard Of Competence For Pro Se Representation, Ellesha Lecluyse

Case Western Reserve Law Review

No abstract provided.


Mandatory School-Based Mental Health Services And The Prevention Of School Violence, Tessa Heller Jan 2015

Mandatory School-Based Mental Health Services And The Prevention Of School Violence, Tessa Heller

Health Matrix: The Journal of Law-Medicine

No abstract provided.


"Death Is Different": Limiting Health Care For Death Row Inmates, Michelle Masotto Jan 2015

"Death Is Different": Limiting Health Care For Death Row Inmates, Michelle Masotto

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 25 (2015), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2015

Volume 25 (2015), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care, Dayna Bowen Matthew Jan 2015

Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care, Dayna Bowen Matthew

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Prosecuting Women For Drug Use During Pregnancy: The Criminal Justice System Should Step Out And The Affordable Care Act Should Step Up, Erin D. Kampschmidt Jan 2015

Prosecuting Women For Drug Use During Pregnancy: The Criminal Justice System Should Step Out And The Affordable Care Act Should Step Up, Erin D. Kampschmidt

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Medicaid And Migrant Farmworkers: Why The State Residency Requirement Presents A Significant Access Barrier And What States Should Do About It, Malea Hetrick Jan 2015

Medicaid And Migrant Farmworkers: Why The State Residency Requirement Presents A Significant Access Barrier And What States Should Do About It, Malea Hetrick

Health Matrix: The Journal of Law-Medicine

No abstract provided.


"Laboratories Of Democracy" Or "Machinery Of Death"? The Story Of Lethal Injection Secrecy And A Call To The Supreme Court For Intervention, Harrison Blythe Jan 2015

"Laboratories Of Democracy" Or "Machinery Of Death"? The Story Of Lethal Injection Secrecy And A Call To The Supreme Court For Intervention, Harrison Blythe

Case Western Reserve Law Review

No abstract provided.


The Unlikely Meeting Between Dzhokhar Tsarnaev And Benjamin Quarles, Brian Gallini Jan 2015

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 …


Rehabilitation Through Empowerment: Adopting The Consumer-Participation Model For Treatment Planning In Mental Health Courts, Mcdaniel M. Kelly Jan 2015

Rehabilitation Through Empowerment: Adopting The Consumer-Participation Model For Treatment Planning In Mental Health Courts, Mcdaniel M. Kelly

Case Western Reserve Law Review

Part I of this Note is a brief overview of the mental health court system. It is broken into two subparts: first, a brief description of the system’s goals and success; and, second, a brief overview of mental health courts’ general structure. The theme here is that the term “system” is really a misnomer, and there is plenty of room for development.

In Part II, I introduce some of the barriers to achieving voluntary participation. This section also has two subparts: first, a discussion on target participants’ reduced capacities; and, second, a description of the structural shortcomings in mental health …


The Emerging Eighth Amendment Consensus Against Life Without Parole Sentences For Nonviolent Offenses, Bidish J. Sarma, Sophie Cull Jan 2015

The Emerging Eighth Amendment Consensus Against Life Without Parole Sentences For Nonviolent Offenses, Bidish J. Sarma, Sophie Cull

Case Western Reserve Law Review

As the nation moves away from the policies that built a criminal justice system bent on mass incarceration, it is an appropriate time to reassess a sentencing regime that has doomed thousands of individuals convicted of nonviolent offenses to die in prison. Over the last thirty years, those policies have resulted in more than 3,000 offenders across the country receiving life sentences without the possibility of parole when they were convicted of a nonviolent crime. While it seems clear to many today that this harsh punishment is inappropriate for offenses that involved no physical harm to other people, the individuals …


State Regulation And The Necessary And Proper Clause, William Baude Jan 2015

State Regulation And The Necessary And Proper Clause, William Baude

Case Western Reserve Law Review

No abstract provided.