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Case Western Reserve University School of Law

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2011

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Articles 1 - 30 of 61

Full-Text Articles in Law

Appeal No. 0832: Meridian Energy Company, Big Sky Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Nov 2011

Appeal No. 0832: Meridian Energy Company, Big Sky Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2011-01 (Schloss-Hans Well #1)


Appeal No. 0833: Maverick Oil & Gas, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Sep 2011

Appeal No. 0833: Maverick Oil & Gas, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-40 & 2011-05


Appeal No. 0834: Maverick Oil & Gas, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Sep 2011

Appeal No. 0834: Maverick Oil & Gas, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-40 & 2011-05


Appeal No. 0829: Edythe Dimarco V. Division Of Oil & Gas Resources Management And Gonzoil, Inc., Ohio Oil & Gas Commission Apr 2011

Appeal No. 0829: Edythe Dimarco V. Division Of Oil & Gas Resources Management And Gonzoil, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-43 (GonzOil Inc., Lazlo Well #1D)


Appeal No. 0830: City Of Broadview Heights V. Division Of Oil & Gas Resources Management And Gonzoil, Inc., Ohio Oil & Gas Commission Mar 2011

Appeal No. 0830: City Of Broadview Heights V. Division Of Oil & Gas Resources Management And Gonzoil, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-34 (GonzOil Inc., Kral Well #1D)


Appeal No. 0831: City Of Broadview Heights V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Mar 2011

Appeal No. 0831: City Of Broadview Heights V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-43 (GonzOil Inc., Lazlo Well #1D)


Appeal No. 0814: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Mar 2011

Appeal No. 0814: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2009-19


Can States Exercise Universal Jurisdiction Over Non-National Pirates Captured On The High Seas?, Baker & Mckenzie Llp Jan 2011

Can States Exercise Universal Jurisdiction Over Non-National Pirates Captured On The High Seas?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


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.


If Piracy Suspects Are Seriously Mistreated By The Capturing Authorities Before Being Handed Over To A Third State Or An International Tribunal For Trial, Would International Standards Of Justice Require That The Case Be Dismissed?, Baker & Mckenzie Llp Jan 2011

If Piracy Suspects Are Seriously Mistreated By The Capturing Authorities Before Being Handed Over To A Third State Or An International Tribunal For Trial, Would International Standards Of Justice Require That The Case Be Dismissed?, 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.


Domestic Incorporation Of International Law: Comparative State Practice, Pilpg Jan 2011

Domestic Incorporation Of International Law: Comparative State Practice, Pilpg

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.


Payment Of Piracy Ransoms, Pilpg Jan 2011

Payment Of Piracy Ransoms, Pilpg

War Crimes Memoranda

No abstract provided.


Use Of Force By Private Contractors Against Somali Pirates, Effy Folberg Jan 2011

Use Of Force By Private Contractors Against Somali Pirates, Effy Folberg

War Crimes Memoranda

No abstract provided.


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 Law, What Conventions Or Customary International Law Best Address Modern Acts Of Piracy?, Baker & Mckenzie Llp Jan 2011

Under International Law, What Conventions Or Customary International Law Best Address Modern Acts Of Piracy?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


Would The Right Of Hot Pursuit Enable Third States To Apprehend Pirates In The Territorial Waters Of Another State Without Its Consent?, Brett Ashley Edwards Jan 2011

Would The Right Of Hot Pursuit Enable Third States To Apprehend Pirates In The Territorial Waters Of Another State Without Its Consent?, Brett Ashley Edwards

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.


Forum Non Conveniens And Enforcement Of Foreign Judgments, Christopher A. Whytock, Cassandra Burke Robertson Jan 2011

Forum Non Conveniens And Enforcement Of Foreign Judgments, Christopher A. Whytock, Cassandra Burke Robertson

Faculty Publications

When citizens of Ecuador sued Texaco, Inc. in a U.S. court seeking damages for oil contamination in the Amazon, Texaco successfully moved to dismiss the suit in favor of Ecuador based on the forum non conveniens doctrine, arguing – as that doctrine requires – that Ecuador was an adequate alternative forum and more appropriate than the United States for hearing the suit. The plaintiffs then refiled the suit in Ecuador, and a court there entered a multi-billion dollar judgment against Chevron Corporation, which had merged with Texaco. Chevron now argues that the Ecuadorian legal system suffers from deficiencies that should …


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 …


Getting What You Pay For: Judicial Compensation And Judicial Independence, Jonathan L. Entin Jan 2011

Getting What You Pay For: Judicial Compensation And Judicial Independence, Jonathan L. Entin

Faculty Publications

No abstract provided.


Arthur D. Austin, Erik M. Jensen Jan 2011

Arthur D. Austin, Erik M. Jensen

Faculty Publications

“Arthur D. Austin,” 62 Case Western Reserve Law Review 3 (211), “Henry King,” 6 Case Western Reserve Law Review 63 (21), “Professor Morris Shanker,” 61 Case Western Reserve Law Review 13 (21). These are tributes to three professors who had an enormous impact on the Case Western Reserve University School of Law and on the larger society: Arthur Austin, distinguished antitrust scholar, observer of the legal-academic scene, and Faulkner fanatic; Henry King, who combined expertise in business law with a passion for international law and human rights (honed during his time as a Nuremberg prosecutor); and Morry Shanker, a preeminent …


Eyes On A Climate Prize: Rewarding Energy Innovation To Achieve Climate Stabilization, Jonathan H. Adler Jan 2011

Eyes On A Climate Prize: Rewarding Energy Innovation To Achieve Climate Stabilization, Jonathan H. Adler

Faculty Publications

Stabilizing atmospheric concentrations of greenhouse gases at double their pre-industrial levels (or lower) will require emission reductions far in excess of what can be achieved with current or projected levels of technology at a politically acceptable cost. Substantial technological innovation is required if the nations of the world are to come anywhere close to proposed emission reduction targets. Neither traditional federal support for research and development of new technologies nor traditional command-and-control regulations are likely to spur sufficient innovation. Technology inducement prizes, on the other hand, have the potential to incentivize and accelerate the rate of technological innovation in the …


Ambivalence & Activism: Employment Discrimination In China, Timothy Webster Jan 2011

Ambivalence & Activism: Employment Discrimination In China, Timothy Webster

Faculty Publications

Chinese courts do not vigorously enforce many human rights, but a recent string of employment discrimination lawsuits suggests that, given the appropriate conditions, advocacy strategies, signals from above, and rights at issue, courts can help victims vindicate their constitutional and statutory rights to equality. Since 28, carriers of the hepatitis B virus (HBV) have used the Employment Promotion Law to challenge hiring discrimination. Their high success rate suggests official support for making one potent form of discrimination illegal. Central to these lawsuits is a broad network of lawyers, activists and scholars who have advocated for protecting the rights of HBV …


Prepositions In The Constitution, Erik M. Jensen Jan 2011

Prepositions In The Constitution, Erik M. Jensen

Faculty Publications

To defend the proposition that prepositions matter, this article examines the "of" in the phrase "duties of tonnage" and the "on" in "taxes on incomes."


Insular Minorities: International Law’S Challenge To Japan’S Ethnic Homogeneity, Timothy Webster Jan 2011

Insular Minorities: International Law’S Challenge To Japan’S Ethnic Homogeneity, Timothy Webster

Faculty Publications

The Japanese state has long promoted a view of itself, and the country, as ethnically homogeneous. Borrowing on critical race theory as developed in the United States, this paper first traces the numerous laws and policies that Japan has implemented to privilege ethnically Japanese people, and prejudice ethnic others. Next, the paper examines the role of international human rights law in challenging various edifices of the ethno-state, including amendments to legislation, and individual lawsuits. I conclude that international law has played a meaningful role in diversifying the protective ambit of Japanese law, but cannot provide all of the solutions that …