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Case Western Reserve University School of Law

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Articles 1 - 30 of 9581

Full-Text Articles in Law

Dual Fiduciaries: Unicorns, Corporate Law And The New Frontier, Anat Alon-Beck Jan 2023

Dual Fiduciaries: Unicorns, Corporate Law And The New Frontier, Anat Alon-Beck

Faculty Publications

Legal and regulatory structures influence the shift in equities in the United States from public markets to private markets, entrepreneurial opportunities and new firm formation. There is a rise in the number of “unicorn” firms, which are privately held venture-capital backed startups that are valued at $1 billion or more. The number of unicorns in the United States and overseas has grown exponentially over the last few years. This chapter discusses the rise of the unicorns and with it the increasing importance of corporate governance and fiduciary duties. There are new vertical and horizontal conflicts among common and preferred shareholders …


Power Shift: The Return Of The Uniting For Peace Resolution, Michael P. Scharf Jan 2023

Power Shift: The Return Of The Uniting For Peace Resolution, Michael P. Scharf

Faculty Publications

In 2022, the United States dusted off the 1950 Uniting for Peace Resolution in order to obtain General Assembly condemnation of the Russian invasion of Ukraine. This was the first time in three decades that the Security Council and General Assembly had utilized the Uniting for Peace mechanism – a process designed to end-run a Security Council veto. Together with the General Assembly’s creation of the international investigative mechanism for Syria in 2016 over Russia’s objection, the use of the Uniting for Peace process to condemn Russia’s aggression represented a shift in power away from the Security Council and to …


Cancel Culture Attacks On Books And Authors, Joseph A. Custer Jan 2023

Cancel Culture Attacks On Books And Authors, Joseph A. Custer

Faculty Publications

Some people today view free speech as a threat to emotional safety and well-being. Cancel culture attempts to silence authors who express “unapproved” opinions by removing access to their works, publicly shaming them, and making attempts to destroy their livelihood. Cancel culture has been increasing, particularly on social media.

In this paper, the author argues that cancel culture is the antithesis of freedom of expression. He explores cancel culture through the theoretical lens of John Stuart Mill and a more contemporary advocate of free expression, Jonathan Rauch. The author discusses the controversy associated with Dr. Seuss Enterprise's decision to stop …


Is The Clean Water Act Obsolete?, Jonathan Adler Jan 2023

Is The Clean Water Act Obsolete?, Jonathan Adler

Faculty Publications

The Clean Water Act (CWA) is fifty years old and has not been meaningfully revised in 35 years. Over this time, the CWA has helped to protect and improve water quality, but substantial water quality challenges remain including (but not limited to) nonpoint source water pollution. Given these challenge's and dramatic changes in the nature of and scientific understanding of today’s water quality challenges, it is appropriate to ask whether the CWA remains capable of fostering further environmental progress or whether it is obsolete. Prepared for the Case Western Reserve Law Review symposium on “The Clean Water Act at 50,” …


Volume 09 (Part 1), District Court Of The United States For The Northern District Of Ohio, Eastern Division Oct 2022

Volume 09 (Part 1), District Court Of The United States For The Northern District Of Ohio, Eastern Division

City of Cleveland v. The Cleveland Illuminating Company, 1980

City of Cleveland, plaintiff vs. The Cleveland Electric Illuminating Company, defendant : civil action no. C75-560; proceedings had before the Honorable Robert B. Krupansky of said court, commencing on Tuesday, September 2, 1980 in the District Court of the United States for the Northern District of Ohio, Eastern Division

10/14/80-10/16/80


Endmatter, Cwru School Of Law Oct 2022

Endmatter, Cwru School Of Law

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Commentary: Beyond Debate Means Beyond Protection, Lucas Allison Oct 2022

Commentary: Beyond Debate Means Beyond Protection, Lucas Allison

The Reporter: Social Justice Law Center Magazine

No abstract provided.


A Declaration Of Dependence For Iowa Civil Rights Committees, Michael Mahoney Oct 2022

A Declaration Of Dependence For Iowa Civil Rights Committees, Michael Mahoney

The Reporter: Social Justice Law Center Magazine

No abstract provided.


State Of Ohio V. Wrongful Convictions, Alireza Nourani-Dargiri Oct 2022

State Of Ohio V. Wrongful Convictions, Alireza Nourani-Dargiri

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Commentary: State Of Tennessee V. Gilbert, Thad Cwiklinski Oct 2022

Commentary: State Of Tennessee V. Gilbert, Thad Cwiklinski

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Lessons From Brookline: Lawsuits Won’T Save Us From Racist Workplace Practices, Makela Hayford Oct 2022

Lessons From Brookline: Lawsuits Won’T Save Us From Racist Workplace Practices, Makela Hayford

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Violence Against Women Act And Marsy’S Law, Elena Gutbrod, Hannah Yeack Oct 2022

Violence Against Women Act And Marsy’S Law, Elena Gutbrod, Hannah Yeack

The Reporter: Social Justice Law Center Magazine

No abstract provided.


A Summary About The Positive Effect Of The Law Prohibiting The Source Of Income (Soi) Discrimination, Zhiwei Hua Oct 2022

A Summary About The Positive Effect Of The Law Prohibiting The Source Of Income (Soi) Discrimination, Zhiwei Hua

The Reporter: Social Justice Law Center Magazine

No abstract provided.


How The Fair Housing Act Fails Individual Victims With Criminal Convictions, Jane Norris, Zhiwei Hua Oct 2022

How The Fair Housing Act Fails Individual Victims With Criminal Convictions, Jane Norris, Zhiwei Hua

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Eviction Sealing, Danielle Dalporto, Makela Hayford Oct 2022

Eviction Sealing, Danielle Dalporto, Makela Hayford

The Reporter: Social Justice Law Center Magazine

No abstract provided.


State V. Andujar: Why Meaningful Reform Is Needed, Natalie Aguilar Oct 2022

State V. Andujar: Why Meaningful Reform Is Needed, Natalie Aguilar

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Death By A Single Sentence, Danielle Dalporto Oct 2022

Death By A Single Sentence, Danielle Dalporto

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Comment On State V. Porter, Jane Norris Oct 2022

Comment On State V. Porter, Jane Norris

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Review: Domestic Terrorism In The United States, Hannah Yeack Oct 2022

Review: Domestic Terrorism In The United States, Hannah Yeack

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Frontmatter And Director's Letter, Ayehsa Hardaway Oct 2022

Frontmatter And Director's Letter, Ayehsa Hardaway

The Reporter: Social Justice Law Center Magazine

No abstract provided.


The Law Of Space Cyber Operations: Gripping Mysteries, Entangled Frontiers, And Security Challenges, Roy Balleste Jan 2022

The Law Of Space Cyber Operations: Gripping Mysteries, Entangled Frontiers, And Security Challenges, Roy Balleste

Journal of Law, Technology, & the Internet

The developments of technologies applicable to cyberspace and outer space offer new opportunities. Each nation, institution, and individual must be involved in the security of cyberspace in order to secure outer space activities, while reinforcing the legitimacy of that commercial process. The stories that follow consider the intersection of outer space law and cybersecurity, describing vulnerabilities and the limitations of implementing international norms. The article assesses the cyberthreat landscape while offering recommendations. The article's subsequent sections are organized as follows: Part II, The Cruel Sky, considers a historical mystery to better understand the contradictory world of cyber operations. Along the …


Algorithmic Decision-Making And Discrimination In Developing Countries, Cecil Abungu Jan 2022

Algorithmic Decision-Making And Discrimination In Developing Countries, Cecil Abungu

Journal of Law, Technology, & the Internet

This article seeks to investigate how developing countries can ensure that algorithmic decision-making does not leave protected groups in their jurisdictions exposed to unlawful discrimination that would be almost impossible to prevent or prove. The article shows that universally, longstanding methods used to prevent and prove discrimination will struggle when confronted with algorithmic decision-making. It then argues that while some of the proposed solutions to this issue are promising, they cannot be successfully implemented in a vast majority of developing countries because these countries lack the necessary institutional foundation. The key features of this institutional foundation include: (i) a wellrooted …


Implementing Data Protection By Design In The Ed Tech Context: What Is The Role Of Technology Providers?, Liane Colonna Jan 2022

Implementing Data Protection By Design In The Ed Tech Context: What Is The Role Of Technology Providers?, Liane Colonna

Journal of Law, Technology, & the Internet

This article explores the specific roles and responsibilities of technology providers when it comes to implementing Data Protection by Design (“DPbD”) and Data Protection by Default (“DPbDf”). As an example, it looks at the Education Technology (“Ed Tech”) sector and the complexities of the supply chains that exist therein to highlight that, in addition to the Higher Education (“HE”) institutions that procure products and services for advancing teaching and learning, Ed Tech vendors may also have responsibility and liability for the processing of student’s personal data. Ultimately, this paper asks whether there are any legal gaps, ambiguities, or normative conflicts …


Front Matter, Vol. 54 2022 Jan 2022

Front Matter, Vol. 54 2022

Case Western Reserve Journal of International Law

No abstract provided.


Equity Crowdfunding Economic Growth In African Countries: A Framework, Connor A. Gibbons Jan 2022

Equity Crowdfunding Economic Growth In African Countries: A Framework, Connor A. Gibbons

Case Western Reserve Journal of International Law

No abstract provided.


Guilty? Or Just Poor? Potential International Human Rights Violations In The U.S. Bail System, Alireza Nourani-Dargiri Jan 2022

Guilty? Or Just Poor? Potential International Human Rights Violations In The U.S. Bail System, Alireza Nourani-Dargiri

Case Western Reserve Journal of International Law

No abstract provided.


Climate Litigation’S Pathways To Corporate Accountability, Mackenzie Kern Jan 2022

Climate Litigation’S Pathways To Corporate Accountability, Mackenzie Kern

Case Western Reserve Journal of International Law

No abstract provided.


Masthead, Volume 32 (2022) Jan 2022

Masthead, Volume 32 (2022)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 32 (2022), Health Matrix: Journal Of Law-Medicine Jan 2022

Volume 32 (2022), Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Patient Referral Failures, Jessica L. Mantel, Leah R. Fowler Jan 2022

Patient Referral Failures, Jessica L. Mantel, Leah R. Fowler

Health Matrix: The Journal of Law-Medicine

No abstract provided.