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Articles 271 - 295 of 295
Full-Text Articles in Law
The Elephant In The Room: Torture And The War On Terror, Michael P. Scharf, Rory T. Hood
The Elephant In The Room: Torture And The War On Terror, Michael P. Scharf, Rory T. Hood
Faculty Publications
Forward to the Case Western Reserve University School of Law "Torture and the War on Terror" symposium issue.
When Is Two A Crowd: The Impact Of Federal Action On State Environmental Regulation, Jonathan H. Adler
When Is Two A Crowd: The Impact Of Federal Action On State Environmental Regulation, Jonathan H. Adler
Faculty Publications
This article seeks to identify the ways in which federal actions can influence state regulatory choices in the context of environmental policy. The federal government may directly influence state policy choices by preempting state policies or by inducing state cooperation through the use of various incentives and penalties for state action. The federal government may indirectly, and perhaps unintentionally, influence state policy choices as well. Federal policies may encourage greater state regulation by reducing the costs of initiating regulatory action or by placing issues on state policy agendas. Federal regulation may also discourage or even "crowd-out" state-level regulatory action by …
Taxing Trademarks And Domain Names, Xuan-Thao Nguyen, Jeffrey A. Maine
Taxing Trademarks And Domain Names, Xuan-Thao Nguyen, Jeffrey A. Maine
Faculty Publications
With the arrival of global electronic commerce transactions on the Internet, new forms of intellectual property rights, such as Internet domain names, have emerged. Today, Internet domain names are some companies' most valuable assets. Yet law professors, attorneys, and judges struggle with the legal nature of domain names, which is far from settled. Questions drawing recent attention include: How should domain names be valued? Can domain names be used as collateral in secured transactions, and how does one perfect a security interest in domain names? What will happen to domain names in bankruptcy?
The Market For Change: Community Economic Development On A Wider Stage, Peter R. Pitegoff
The Market For Change: Community Economic Development On A Wider Stage, Peter R. Pitegoff
Faculty Publications
Community economic development (CED) is distinguished by a specific agenda for broader development and accountability - for building local resources, economic capacity and political clout in lower- and moderate-income communities. Organizing and development of low-income communities must take account of microenterprise as the locus of substantial economic activity.
Jurisprudence And The Problem Of Church Doctrine, Nathan B. Oman
Jurisprudence And The Problem Of Church Doctrine, Nathan B. Oman
Faculty Publications
No abstract provided.
Killing, Cheating, Legislating, And Lying: A History Of Voting Rights In South Carolina After The Civil War, W. Lewis Burke
Killing, Cheating, Legislating, And Lying: A History Of Voting Rights In South Carolina After The Civil War, W. Lewis Burke
Faculty Publications
No abstract provided.
Using Fact-Finding To Combat Violence Against Women In Ghana, Uganda, And The United States: Lessons Learned As A Clinic Student, Clinic Supervisor, And Practitioner, Lisa V. Martin
Faculty Publications
Gender-based violence threatens the lives and livelihood of women throughout the world. Despite this reality, the laws and policies of many states fail to offer women effective relief and protection from violence. To develop policy reforms effective to combat gender-based violence in a particular community, advocates must first obtain a clear understanding of the nature of the problem in that community. Fact-finding is a critical tool that can enable women’s rights advocates to gain a clear understanding of women’s experience of violence in a particular community by facilitating the documentation of individual human rights abuses and the identification of patterns …
Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Aparna Polavarapu
Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Aparna Polavarapu
Faculty Publications
No abstract provided.
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black
Faculty Publications
This Article highlights the inherent ambiguities of racial antidiscrimination’s core legal language: “equal protection under the law” and “discrimination based on race.” It then analyzes how and why the Court has never answered fundamental questions regarding the meaning of these terms. Thus, this Article answers these fundamental questions itself by exploring the original intent behind the Equal Protection Clause. Against this backdrop, this Article reveals how the Court’s standard for assessing discrimination claims, the intent doctrine, assumes a meaning for equal protection that is inconsistent with its original meaning. Rather than reflecting equal protection’s meaning, the standard lacks any basis …
Accessing The Internet Through The Neighbor's Wireless Internet Connection: Physical Trespass In Virtual Reality, Ned Snow
Faculty Publications
As wireless computer networks are becoming commonplace, so also is the practice of accessing the Internet through another's wireless network. The practice raises a simple question of law: Does accessing a wireless network, without express authorization, violate the property rights of the network operator? This Article argues that it does. A neighbor who intentionally accesses the Internet through a network operator's connection appears to trespass on physical property of the operator - the operator's router. Recent Internet jurisprudence suggests that the electronic signals that the neighbor sends through the router are sufficient to find trespassory physical contact. The same jurisprudence …
Coming Out For Kids: Recognizing, Respecting, And Representing Lgbtq Youth, Barbara A. Fedders
Coming Out For Kids: Recognizing, Respecting, And Representing Lgbtq Youth, Barbara A. Fedders
Faculty Publications
No abstract provided.
What's Old Is New Again, Symposium: The Role Of Judges In The 21st Century, Michael J. Gerhardt
What's Old Is New Again, Symposium: The Role Of Judges In The 21st Century, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Constitutional Significance Of Forgotten Presedents, Michael J. Gerhardt
The Constitutional Significance Of Forgotten Presedents, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Evidence History, The New Trace Evidence, And Rumblings In The Future Of Proof, Robert P. Mosteller
Evidence History, The New Trace Evidence, And Rumblings In The Future Of Proof, Robert P. Mosteller
Faculty Publications
No abstract provided.
Fixing A Hole: How The Criminal Law Can Bolster Reparations Theory, Eric L. Muller
Fixing A Hole: How The Criminal Law Can Bolster Reparations Theory, Eric L. Muller
Faculty Publications
High-profile popular-press authors recently have challenged the mainstream consensus that certain historical events should be condemned as injustices. These authors argue that such condemnation unfairly imposes modern standards on historical actors. Until now, the redress movement has largely ignored these partisan revisionists who have sought to justify the harmful decisions made by past generations. Such revisionism, however, threatens the very foundation of reparations theory by persuading the public that redress is unnecessary because historical figures actually committed no injustice by merely acting appropriately, given the historical context in which they lived. This Article seeks to initiate a dialogue regarding how …
Detector Dogs And Probable Cause, Richard E. Myers Ii
Detector Dogs And Probable Cause, Richard E. Myers Ii
Faculty Publications
No abstract provided.
The Enumeration Of Rights: "Let Me Count The Ways", John V. Orth
The Enumeration Of Rights: "Let Me Count The Ways", John V. Orth
Faculty Publications
No abstract provided.
Beyond Hospital Misbehavior: An Alternative Account Of Medical-Related Financial Distress, Melissa B. Jacoby, Elizabeth Warren
Beyond Hospital Misbehavior: An Alternative Account Of Medical-Related Financial Distress, Melissa B. Jacoby, Elizabeth Warren
Faculty Publications
No abstract provided.
A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause
A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause
Faculty Publications
No abstract provided.
Asians And Pacific Islanders In Same-Sex Couples In The United States: Data From Census 2000, Gary Gates, Holning S. Lau, R. Bradley Sears
Asians And Pacific Islanders In Same-Sex Couples In The United States: Data From Census 2000, Gary Gates, Holning S. Lau, R. Bradley Sears
Faculty Publications
No abstract provided.
Transcending The Individualist Paradigm In Sexual Orientation Antidiscrimination Law, Holning S. Lau
Transcending The Individualist Paradigm In Sexual Orientation Antidiscrimination Law, Holning S. Lau
Faculty Publications
No abstract provided.
Assessing The Harms Of Noncompliance With The International Covenant On Civil And Political Right's Protections Of Sexual Minorities, Holning S. Lau, The Williams Institute
Assessing The Harms Of Noncompliance With The International Covenant On Civil And Political Right's Protections Of Sexual Minorities, Holning S. Lau, The Williams Institute
Faculty Publications
No abstract provided.
Break Up The Presidency? Governors, State Attorneys General, And Lessons From The Divided Executive, William P. Marshall
Break Up The Presidency? Governors, State Attorneys General, And Lessons From The Divided Executive, William P. Marshall
Faculty Publications
No abstract provided.
Judicial Accountability In A Time Of Legal Realism, William P. Marshall
Judicial Accountability In A Time Of Legal Realism, William P. Marshall
Faculty Publications
No abstract provided.
Davis V. Washington And Hammon V. Indiana: Beating Expectations, Robert P. Mosteller
Davis V. Washington And Hammon V. Indiana: Beating Expectations, Robert P. Mosteller
Faculty Publications
No abstract provided.