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Case Western Reserve University School of Law

2017

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In Brief Jan 2017

In Brief

In Brief

Table of Contents

  • 100 Issues of In Brief: 125 Years of Educating Lawyers
  • Celebrating 125 Years: Notable Milestones
  • 125 Year Commemorative Book
  • 125th Video and Web Project
  • Things You Probably Didn't Know about Our Law School History
  • An Update from the Deans: Q & A
  • Law School's IP Venture Clinic Working with Student Startup to Bring New Concussion Screening Technology to Market
  • Special Report: Fighting for Immigrant Rights
  • Professor Hoffman Among Most Cited Scholars
  • A Leap Ahead: 2017 Marks First Full Year of LLEAP Curriculum Implementation
  • Law School Inaugurates New Financial Integrity Institute
  • Alumni Promoted to Prestigious Judicial Roles …


Do International Criminal Tribunals Have A Deterrent Effect On Human Rights Abuses?, Rachel Lehr Jan 2017

Do International Criminal Tribunals Have A Deterrent Effect On Human Rights Abuses?, Rachel Lehr

War Crimes Memoranda

No abstract provided.


The Level Of Proof Required To Indict A Person And Send Them To Trial At The Extraordinary Chambers In The Courts Of Cambodia Specifically Addressing The Levels Of Proof To Indict A Person Of France And Other International Criminal Courts, Also Analysing The Statutes, Documents And Jurispurdiction Of The Eccc To Draw A Conclusion, Xiong Shi Jan 2017

The Level Of Proof Required To Indict A Person And Send Them To Trial At The Extraordinary Chambers In The Courts Of Cambodia Specifically Addressing The Levels Of Proof To Indict A Person Of France And Other International Criminal Courts, Also Analysing The Statutes, Documents And Jurispurdiction Of The Eccc To Draw A Conclusion, Xiong Shi

War Crimes Memoranda

No abstract provided.


In International Criminal Law Does The Prosecutor Have A Responsibility To Ensure That The Facts Forming The Historical Context In Which Large-Scale Human Rights Abuses Occurred Are Adjudicated At Trial? Why Or Why Not?, Tyler Portner Jan 2017

In International Criminal Law Does The Prosecutor Have A Responsibility To Ensure That The Facts Forming The Historical Context In Which Large-Scale Human Rights Abuses Occurred Are Adjudicated At Trial? Why Or Why Not?, Tyler Portner

War Crimes Memoranda

No abstract provided.


Whether The Adoption Of Civil Criminal Justice System As Opposed To The Common Law Criminal Justice System In Eccc Is A Correct Decision. Specifically Addressing The Pros And Cons Of Both Legal Systems, Lulu Jing Jan 2017

Whether The Adoption Of Civil Criminal Justice System As Opposed To The Common Law Criminal Justice System In Eccc Is A Correct Decision. Specifically Addressing The Pros And Cons Of Both Legal Systems, Lulu Jing

War Crimes Memoranda

No abstract provided.


What Would Be The Legal And Political Ramifications If The Un Decided To Stop Funding The Eccc Prior To The Current Investigations And Trials Being Finalized? Assess The Ramifications In The Cambodian And International Context., Stephanie M. Farah Jan 2017

What Would Be The Legal And Political Ramifications If The Un Decided To Stop Funding The Eccc Prior To The Current Investigations And Trials Being Finalized? Assess The Ramifications In The Cambodian And International Context., Stephanie M. Farah

War Crimes Memoranda

No abstract provided.


Modes Of Liability, Cumulative Convictions, And Charging Language, Ankita Channarasappa Jan 2017

Modes Of Liability, Cumulative Convictions, And Charging Language, Ankita Channarasappa

War Crimes Memoranda

No abstract provided.


The Voluntary Work Program: Expanding Labor Laws To Protect Detained Immigrant Workers, Seth H. Garfinkel Jan 2017

The Voluntary Work Program: Expanding Labor Laws To Protect Detained Immigrant Workers, Seth H. Garfinkel

Case Western Reserve Law Review

No abstract provided.


Forensic Science: Daubert's Failure, Paul C. Giannelli Jan 2017

Forensic Science: Daubert's Failure, Paul C. Giannelli

Faculty Publications

In 2015, a federal judge noted that “[m]any defendants have been convicted and spent countless years in prison based on evidence by arson experts who were later shown to be little better than witch doctors.” In the same year, a White House science advisor observed: “Suggesting that bite marks [should] still be a seriously used technology is not based on science, on measurement, on something that has standards, but more of a gut-level reaction.” According to another judge “[a]s matters currently stand, a certainty statement regarding toolmark pattern matching has the same probative value as the vision of a psychic.” …


Canada And United States: Campus Sexual Assault Law & Policy Comparative Analysis, Aliza Lopes-Baker, Mathew Mcdonald Jan 2017

Canada And United States: Campus Sexual Assault Law & Policy Comparative Analysis, Aliza Lopes-Baker, Mathew Mcdonald

Canada-United States Law Journal

The article compares law and policy regarding the sexual assault in university campuses in Canada and the U.S., including campus policies which must identify the processes to be followed by administration when responding to, and addressing claims of, sexual assault or violence involving enrolled students, under federal laws, such as Title IX of the 1972 Education Amendments to the Higher Education Act of 1965.


Rape In The Civil And Administrative Contexts: Proposed Solutions To Problems In Tort Cases Brought By Rape Survivors, Leah Slyder Jan 2017

Rape In The Civil And Administrative Contexts: Proposed Solutions To Problems In Tort Cases Brought By Rape Survivors, Leah Slyder

Case Western Reserve Law Review

No abstract provided.


Conviction, Nullification, And The Limits Of Impeachment As Politics, J. Richard Broughton Jan 2017

Conviction, Nullification, And The Limits Of Impeachment As Politics, J. Richard Broughton

Case Western Reserve Law Review

No abstract provided.


What Do We Mean By A “Pro-Business” Court—And Should We Care?, James R. Copland Jan 2017

What Do We Mean By A “Pro-Business” Court—And Should We Care?, James R. Copland

Case Western Reserve Law Review

No abstract provided.


Klatsky Endowed Lecture, Presented By The U.N. High Commissioner For Human Rights, Prince Zeid Ra'ad Al Hussein Jan 2017

Klatsky Endowed Lecture, Presented By The U.N. High Commissioner For Human Rights, Prince Zeid Ra'ad Al Hussein

Case Western Reserve Journal of International Law

A speech that discusses the quest for global justice through monitoring, factfinding and reporting injustices such as torture, arbitrary detention, enforced disappearance, sexual violence, slavery, murder, and discrimination.


The Icc's Role In Combatting The Destruction Of Cultural Heritage, Mark S. Ellis Jan 2017

The Icc's Role In Combatting The Destruction Of Cultural Heritage, Mark S. Ellis

Case Western Reserve Journal of International Law

However, the case’s firm grounding in international law, and the clear connection between a category of cultural-property crimes and attempts at cultural erasure, challenges the notion that these are second-rate crimes. The case reinforces the legal principle that attacks on culture, like attacks against people, constitute war crimes subject to international criminal prosecution. The Al Mahdi case will be significant in determining how the international community should best deal with such abhorrent attacks in the future.


Medicine Behind Bars: Regulating And Litigating Prison Healthcare Under State Law Forty Years After Estelle V. Gamble, Holger Sonntag Jan 2017

Medicine Behind Bars: Regulating And Litigating Prison Healthcare Under State Law Forty Years After Estelle V. Gamble, Holger Sonntag

Case Western Reserve Law Review

No abstract provided.


The Roberts Court And Economic Issues In An Era Of Polarization, J. Mitchell Pickerill, Cornell W. Clayton Jan 2017

The Roberts Court And Economic Issues In An Era Of Polarization, J. Mitchell Pickerill, Cornell W. Clayton

Case Western Reserve Law Review

No abstract provided.