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Volume 41 (2017), Canada-United States Law Journal Jan 2017

Volume 41 (2017), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.


Tribute To Professor Erik Jensen, Author D. Austin Ii Jan 2017

Tribute To Professor Erik Jensen, Author D. Austin Ii

Case Western Reserve Law Review

No abstract provided.


Tribute To Professor Erik Jensen, Deborah A. Geier Jan 2017

Tribute To Professor Erik Jensen, Deborah A. Geier

Case Western Reserve Law Review

No abstract provided.


The Business Of Personal Jurisdiction, Cassandra Burke Robertson, Chalres W. "Rocky" Rhodes Jan 2017

The Business Of Personal Jurisdiction, Cassandra Burke Robertson, Chalres W. "Rocky" Rhodes

Case Western Reserve Law Review

This contribution to a symposium on business and the Roberts Court examines the recent significant reshaping of the contours of personal jurisdiction. Although the changes limit the scope of jurisdiction in ways that may favor defendants overall, the Court does not appear directly motivated by a desire to favor business—and, in fact, the Court erected significant obstacles to business interests in some contexts. Instead, the results in the cases may be better explained by the Court’s commitment to a formalist approach with respect for territorial boundaries and by a skepticism of transnational litigation not clearly related to a U.S. forum. …


The Anti-Deference Pro-Preemption Paradox At The U.S. Supreme Court: The Business Community Weighs In, Catherine M. Sharkey Jan 2017

The Anti-Deference Pro-Preemption Paradox At The U.S. Supreme Court: The Business Community Weighs In, Catherine M. Sharkey

Case Western Reserve Law Review

No abstract provided.


Are Intelligence-Community Leakers Internationally Protected Whistleblowers Or Simply “Whistling In The Dark”? Assessing The Protections Afforded To Intelligence-Community Whistleblowers Under International Law, Eric Connon Jan 2017

Are Intelligence-Community Leakers Internationally Protected Whistleblowers Or Simply “Whistling In The Dark”? Assessing The Protections Afforded To Intelligence-Community Whistleblowers Under International Law, Eric Connon

Case Western Reserve Law Review

On June 9, 2013, the public discovered the source of the earthshattering stories revealing the full extent of the United States intelligence-gathering apparatus. Edward Snowden allowed the publi-cation of his name and background at his own request because, as he claimed, “I know I have done nothing wrong.” This was the first public stage of the odyssey of Edward Snowden, whose quest for asylum or refugee status carried him from Hong Kong to a Moscow airport where, after failing to obtain secure passage to Latin American destinations, he was eventually granted asylum in Russia. Snowden found himself in a relative …


Tribute To Professor Jonathan L. Entin, B. Jessie Hill Jan 2017

Tribute To Professor Jonathan L. Entin, B. Jessie Hill

Case Western Reserve Law Review

No abstract provided.


Symposium: In Honor Of Fred Gray: Making Civil Rights Law From Rosa Parks To The Twenty-First Century - Introduction, Jonathan L. Entin Jan 2017

Symposium: In Honor Of Fred Gray: Making Civil Rights Law From Rosa Parks To The Twenty-First Century - Introduction, Jonathan L. Entin

Case Western Reserve Law Review

No abstract provided.


The Enduring Integration School Desegregation Helped To Produce, Kevin Brown Jan 2017

The Enduring Integration School Desegregation Helped To Produce, Kevin Brown

Case Western Reserve Law Review

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.


Losing Bargain: Why Winner-Take-All Vote Assignment Is The Electoral College’S Least Defensible Feature, Katherine Florey Jan 2017

Losing Bargain: Why Winner-Take-All Vote Assignment Is The Electoral College’S Least Defensible Feature, Katherine Florey

Case Western Reserve Law Review

No abstract provided.


The Ethics Of The International Display Of Fashion In The Museum, Felicia Caponigri Jan 2017

The Ethics Of The International Display Of Fashion In The Museum, Felicia Caponigri

Case Western Reserve Journal of International Law

First, the article engages with the crucial question of how fashion is cultural heritage, or, at least, how fashion can be considered a part of the ICOM Code’s definition of heritage, and therefore within the scope of the minimum ethical standards it sets forth for its members and potentially for museums at large. Second, the article presents the ICOM Code, contextualizing it within the ICOM’s framework as a nongovernmental international public interest organization, and examines how the ICOM Code is a source of general principles of international law. As part of this section, the article also highlights how one of …


The Night Café Redux: A Study Of Sordidness, From Arles To The U.S. Courts, Allan Gerson Jan 2017

The Night Café Redux: A Study Of Sordidness, From Arles To The U.S. Courts, Allan Gerson

Case Western Reserve Journal of International Law

[T]o shed some light on the uncertainty that continues to surround The Night Café’s rightful ownership. Unfortunately, the Second Circuit Court of Appeals’ unpublished ruling, issued on October 20, 2015, that only adds to that uncertainty.


International Hurdles In Nazi-Era And Russian Revolution Cultural Property Cases, Jennifer Anglim Kreder Jan 2017

International Hurdles In Nazi-Era And Russian Revolution Cultural Property Cases, Jennifer Anglim Kreder

Case Western Reserve Journal of International Law

The FSIA, however, did not do away with the common law act of state doctrine, which is another hurdle plaintiffs must overcome. Under the act of state doctrine, U.S. courts decline to hear suits challenging the acts of another sovereign in its own territory. This doctrine, too, is grounded in flexible principles of international comity. This essay discusses both the FSIA and the act of state doctrine in the context of cases seeking to recover art and cultural property taken during the Nazi-era and Russian Revolution after providing necessary historical background.


Volume 67 Issue 3 (2017), Case Western Reserve Law Review Jan 2017

Volume 67 Issue 3 (2017), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.


Masthead, Volume 68 Issue 2 (2017) Jan 2017

Masthead, Volume 68 Issue 2 (2017)

Case Western Reserve Law Review

No abstract provided.


Opting Out Of The Grand Bargain: A Pathway To Poverty?, Fallon Mcnally Jan 2017

Opting Out Of The Grand Bargain: A Pathway To Poverty?, Fallon Mcnally

Case Western Reserve Law Review

No abstract provided.


The Heckler’S Veto Today, R. George Wright Jan 2017

The Heckler’S Veto Today, R. George Wright

Case Western Reserve Law Review

No abstract provided.


A Civil Rights Life: Nathaniel R. Jones. Answering The Call: An Autobiography Of The Modern Struggle To End Racial Discrimination In America. New York: The New Press, 2016., Jonathan L. Entin Jan 2017

A Civil Rights Life: Nathaniel R. Jones. Answering The Call: An Autobiography Of The Modern Struggle To End Racial Discrimination In America. New York: The New Press, 2016., Jonathan L. Entin

Case Western Reserve Law Review

No abstract provided.


Entrepreneurial Choice: Restoring A Relevant Antitrust Policy, Warren Grimes Jan 2017

Entrepreneurial Choice: Restoring A Relevant Antitrust Policy, Warren Grimes

Case Western Reserve Law Review

No abstract provided.


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.


Student Dismissals From Professional Programs And The Constitution, Mark P. Strasser Jan 2017

Student Dismissals From Professional Programs And The Constitution, Mark P. Strasser

Case Western Reserve Law Review

No abstract provided.


Masthead, Volume 67 Issue 3 (2017) Jan 2017

Masthead, Volume 67 Issue 3 (2017)

Case Western Reserve Law Review

No abstract provided.


Tribute To Professor Erik Jensen, Leon Gabinet Jan 2017

Tribute To Professor Erik Jensen, Leon Gabinet

Case Western Reserve Law Review

No abstract provided.


Symposium: Business In The Roberts Court- Introduction: Still In Search Of The Pro-Business Court, Jonathan H. Adler Jan 2017

Symposium: Business In The Roberts Court- Introduction: Still In Search Of The Pro-Business Court, Jonathan H. Adler

Case Western Reserve Law Review

The Supreme Court under Chief Justice Roberts is often described as a “pro-business” court. Many commentators believe that Court is particularly sympathetic to business interests in concerns. A 2016 volume, Business and the Roberts Court turned a critical eye to this hypothesis. In September 2016, the Center for Business Law & Regulation at the Case Western Reserve University School of Law hosted a symposium to further explore how the Roberts Court deals with business issues. Papers from this conference were published in the Case Western Reserve Law Review, and this brief article served as the Introduction for this symposium.


The First Decade Of The Roberts Court: Good For Business Interests, Bad For Legal Accountability, Brianne J. Gorod Jan 2017

The First Decade Of The Roberts Court: Good For Business Interests, Bad For Legal Accountability, Brianne J. Gorod

Case Western Reserve Law Review

No abstract provided.


Masthead, Volume 67 Issue 4 (2017) Jan 2017

Masthead, Volume 67 Issue 4 (2017)

Case Western Reserve Law Review

No abstract provided.


Tribute To Professor Jonathan L. Entin, Sharona Hoffman Jan 2017

Tribute To Professor Jonathan L. Entin, Sharona Hoffman

Case Western Reserve Law Review

No abstract provided.


Tribute To Professor Jonathan L. Entin, Erik M. Jensen Jan 2017

Tribute To Professor Jonathan L. Entin, Erik M. Jensen

Case Western Reserve Law Review

No abstract provided.


Tribute To Professor Jonathan L. Entin, William P. Marshall Jan 2017

Tribute To Professor Jonathan L. Entin, William P. Marshall

Case Western Reserve Law Review

No abstract provided.