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Case Western Reserve University School of Law

2017

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Articles 1 - 30 of 166

Full-Text Articles in Law

Human Rights Attitudes, Brian K. Gran Phd Dec 2017

Human Rights Attitudes, Brian K. Gran Phd

Societies Without Borders

No abstract provided.


International Differences In Support For Human Rights, Sam Mcfarland Phd Dec 2017

International Differences In Support For Human Rights, Sam Mcfarland Phd

Societies Without Borders

International differences in support for human rights are reviewed. The first of two sections reviews variations in the strength of ratification of UN human rights treaties, followed by an examination of the commonalities and relative strengths among the five regional human rights systems. This review indicates that internationally the strongest human rights support is found in Europe and the Americas, with weaker support in Africa, followed by still weaker support in the Arab Union and Southeast Asia. The second section reviews variations in responses to public opinion polls on a number of civil and economic rights. A strong coherence in …


Review Of Aid In Danger: The Perils And Promise Of Humanitarianism. By Larissa Fast. Philadelphia: University Of Pennsylvania Press, 2014. 326 Pages., Meltem Ince Yeilmez Phd Dec 2017

Review Of Aid In Danger: The Perils And Promise Of Humanitarianism. By Larissa Fast. Philadelphia: University Of Pennsylvania Press, 2014. 326 Pages., Meltem Ince Yeilmez Phd

Societies Without Borders

No abstract provided.


Review Of Silent Violence: Neoliberalism, Islamist Politics And The Akp Years In Turkey. Edited By Simten Coşar & Gamze Yücesan-Özdemir. Ottawa: Red Quill Press, 2012, Susan C. Pearce Phd Dec 2017

Review Of Silent Violence: Neoliberalism, Islamist Politics And The Akp Years In Turkey. Edited By Simten Coşar & Gamze Yücesan-Özdemir. Ottawa: Red Quill Press, 2012, Susan C. Pearce Phd

Societies Without Borders

No abstract provided.


The Political Economy Of Resource Conflicts And Forced Migration: Why Afghanistan, Colombia And Sudan Are The World's Longest Forced Migration, Tarique Niazi Phd, Jeremy Hein Phd Dec 2017

The Political Economy Of Resource Conflicts And Forced Migration: Why Afghanistan, Colombia And Sudan Are The World's Longest Forced Migration, Tarique Niazi Phd, Jeremy Hein Phd

Societies Without Borders

Afghanistan, Colombia, and Sudan are the world’s three longest producers of refugees and internally displaced persons (IDPs). Why? To answer this question, we evaluate the conventional and dominant geopolitical model of forced migration, as well as alternative models that focus on resource-based conflicts and political economy. We demonstrate that in each of the three cases, natural resources are at the heart of the conflicts that precede the involuntary movement of people both across international borders (refugees) and within national borders (IDPs). But the presence of resources by itself does not cause conflicts or forced migration. In Afghanistan, Colombia and Sudan, …


Rainbows For Rights: The Role Of Lgbt Activism In Gay Rights Promotion, Victor Asal Phd, Amanda Murdie Phd, Udi Sommer Phd Dec 2017

Rainbows For Rights: The Role Of Lgbt Activism In Gay Rights Promotion, Victor Asal Phd, Amanda Murdie Phd, Udi Sommer Phd

Societies Without Borders

Are advocacy efforts successful in improving the de jure rights of sexual minorities? In this paper, we argue that the lesbian, gay, bisexual, and transgender (LGBT) rights NGO movement has been a powerful force in the struggle against sexual discrimination. However, the work of LGBT organizations is much harder in areas of the world where pre-existing public attitudes are not supportive of the rights in question. By focusing on the issue of sexual minority rights, we are able to see how underlying public attitude divergence on a human rights issue can influence advocacy success. We test the implications of our …


Who Says Human Rights Are Not Respected? Assessing Local And Third Party Ratings, Rob Clark Phd Dec 2017

Who Says Human Rights Are Not Respected? Assessing Local And Third Party Ratings, Rob Clark Phd

Societies Without Borders

Country ratings of human rights conditions are now quite popular in macro comparative research. However, little is known as to whether (or to what extent) these scores correspond with mass sentiment in each country. Do local ratings issued by the public correspond with third party ratings, such as those produced by the Cingranelli-Richards index (CIRI), the Political Terror Scale (PTS), and Freedom House (FH)? In this study, I address this question, drawing from the most recent wave of the World Values Survey (2010 – 2014), in which respondents from 59 countries are asked to assess the level of respect for …


Migrating Selves: Counteracting An Unwelcoming Ethos Of Reception, Saloshna Vandeyar Phd, Thirusellvan Vandeyar Phd Dec 2017

Migrating Selves: Counteracting An Unwelcoming Ethos Of Reception, Saloshna Vandeyar Phd, Thirusellvan Vandeyar Phd

Societies Without Borders

Utilising the research methodology of narrative inquiry, this study set out to explore how Nigerian immigrant academics counteracted an unwelcoming ethos of reception at a South African university. Data capture comprised a mix of semi-structured interviews, observations, field notes and a researcher journal. Data was analysed utilising qualitative content analysis. Findings reveal that the resiliency process of Nigerian immigrant academics was triggered by ecological sources within the context of the academe and surfaced in the form of resilient qualities. Nigerian immigrant academics drew on specific internal assets and external resources to circumvent the effects of various stressors as well as …


Review Of Deported: Immigrant Policing, Disposable Labor, And Global Capitalism. By Tanya M. Golsh-Boza. New York: Nyu Press, 2015., Katie Dingeman Phd Dec 2017

Review Of Deported: Immigrant Policing, Disposable Labor, And Global Capitalism. By Tanya M. Golsh-Boza. New York: Nyu Press, 2015., Katie Dingeman Phd

Societies Without Borders

No abstract provided.


Notes From The Field: It’S Not About Love: Brazilian Social Work Celebrates 80 Years In The Fight For Social Rights, Jane Mcpherson Phd, Mph, Lcsw Dec 2017

Notes From The Field: It’S Not About Love: Brazilian Social Work Celebrates 80 Years In The Fight For Social Rights, Jane Mcpherson Phd, Mph, Lcsw

Societies Without Borders

In 2016, Brazilian social work celebrated 80 years of existence. This writer, a U.S. social worker, traveled south to participate in the celebrations, and to observe—and reflect upon—the role of human rights activism in the practice of our shared profession. This article will discuss both Brazil’s history and its social work profession as they relate to human rights, and highlight ways that Brazilian social workers speak about human rights that challenge the author to become a better social worker and educator.


Appeal No. 0941: Duck Creek Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Nov 2017

Appeal No. 0941: Duck Creek Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-452 (Temporary Authorization; Mogadore Facility)


Appeal No. 0943: Mario V. D/Amico V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2017

Appeal No. 0943: Mario V. D/Amico V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2017-94


Appeal No. 0932: Steven Passerell V. Division Of Oil & Gas Resources Management & Michael D. Hobbs, Ohio Oil & Gas Commission Aug 2017

Appeal No. 0932: Steven Passerell V. Division Of Oil & Gas Resources Management & Michael D. Hobbs, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-304 (H&R Smith Unit #1 Well)


Appeal No. 0926: Goerge Jr. & Karen L. Dudich V. Division Of Oil & Gas Resources & Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission Jul 2017

Appeal No. 0926: Goerge Jr. & Karen L. Dudich V. Division Of Oil & Gas Resources & Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-118; Troyer W LND DR Unit (Ascent Resources - Utica)


Appeal No. 0935: B&N, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2017

Appeal No. 0935: B&N, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-346; (Weddle Wiley #1 Well)


Appeal No. 0912: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation, Ohio Oil & Gas Commission Jun 2017

Appeal No. 0912: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-471 (Gulfport Energy Corporation; Brown #9 Unit)


Appeal No. 0862: Clewell Family Farm, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission May 2017

Appeal No. 0862: Clewell Family Farm, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-46 & 2016-16 (Unitzation Order & Revocation Order; Huffman Trust South Unit; Chsepeake Exploration, LLC)


Appeal No. 0928: Clewell Family Farm, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission May 2017

Appeal No. 0928: Clewell Family Farm, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-46 & 2016-16 (Unitzation Order & Revocation Order; Huffman Trust South Unit; Chsepeake Exploration, LLC)


Appeal No. 0927: M-Il.L.C. Dba M_I Swaco, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Mar 2017

Appeal No. 0927: M-Il.L.C. Dba M_I Swaco, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2016-158 (modifying Chief's Order 2016-121); M-I SWACO Facility


Appeal No. 0931: M-Il.L.C. Dba M_I Swaco, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Mar 2017

Appeal No. 0931: M-Il.L.C. Dba M_I Swaco, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Termination Letter; Strasburg Facility


Appeal No. 0936: Coddingville Reality Ltd, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2017

Appeal No. 0936: Coddingville Reality Ltd, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2016-368 (Liability Insurance)


Appeal No. 0929: Duck Creek Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2017

Appeal No. 0929: Duck Creek Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2016-162; (Cessation of Operations; Mogadore Facility)


Appeal No. 0940: Riverside Petroleum & Production, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2017

Appeal No. 0940: Riverside Petroleum & Production, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2016-420


Appeal No. 0909: Dow Cameron Oil & Gas, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2017

Appeal No. 0909: Dow Cameron Oil & Gas, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-413; Dow Cameron Facility


Appeal No. 0908: Dover-Atwood Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2017

Appeal No. 0908: Dover-Atwood Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-416; Shirley et al Unit #3 Well


Panel Remarks: Canada, United States And European Union -- Out Of Sync On Trade Agreements? Or Are We Sympatico?, Juscelino Colares Jan 2017

Panel Remarks: Canada, United States And European Union -- Out Of Sync On Trade Agreements? Or Are We Sympatico?, Juscelino Colares

Canada-United States Law Journal

The article offers on panel discussion regarding the cooperation of the U.S. and Canada on free trade issues and trade agreements; the expiration of the Softwood Lumber Agreement (SLA); and the status of the Trans-Pacific Partnership (TPP) in the U.S. Congress. Topics discussed include impact of interest rates on investment and economic activity, balancing effect of greater capital inflows that comes with trade deficits and concerns over the investor-state dispute settlement.


Busting Up The Pretrial Industry, Andrew S. Pollis Jan 2017

Busting Up The Pretrial Industry, Andrew S. Pollis

Faculty Publications

It is by now axiomatic that the objective of the civil lawsuit has evolved. Litigants no longer routinely resolve their disputes through trial but instead engage in pretrial battles designed to extract favorable settlements. Modern litigation revolves around protracted discovery and dispositive motions, driven by two primary dynamics: (1) the maximization of fees for lawyers who charge their clients by the hour; and (2) the desire to make litigation as painful as possible for an adversary so that settlement becomes the adversary’s better option. We have, in short, fostered a pretrial industry that can relegate the merits of a dispute …


What We Buy When We "Buy Now", Aaron K. Perzanowski, Chris Jay Hoofnagle Jan 2017

What We Buy When We "Buy Now", Aaron K. Perzanowski, Chris Jay Hoofnagle

Faculty Publications

Retailers such as Apple and Amazon market digital media to consumers using the familiar language of product ownership, including phrases like “buy now,” “own,” and “purchase.” Consumers may understandably associate such language with strong personal property rights. But the license agreements and terms of use associated with these transactions tell a different story. They explain that ebooks, mp3 albums, digital movies, games, and software are not sold, but merely licensed. The terms limit consumers' ability to resell, lend, transfer, and even retain possession of the digital media they acquire. Moreover, unlike physical media products, access to digital media is contingent …


Selling Stock And Selling Legal Claims: Alienability As A Constraint On Managerial Opportunism, Charles R. Korsmo Jan 2017

Selling Stock And Selling Legal Claims: Alienability As A Constraint On Managerial Opportunism, Charles R. Korsmo

Faculty Publications

Scholars have long recognized the importance of market forces as a tool for disciplining the management of public corporations and reducing agency costs. If managers loot or otherwise mismanage the firm, the firm’s stock price will suffer, raising its cost of capital and leaving managers exposed to the threat of a hostile takeover. In recent decades, changing patterns of stock ownership have threatened the viability of this market check on mismanagement. Institutional investors, and particularly index funds, own an increasing portion of publicly traded firms, and face substantial liquidity and other barriers to simply selling their positions. To the extent …


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.