Law Commons^™

Personal Health Records As A Tool For Transparency In Health Care (Draft), Sharona Hoffman

Faculty Publications

This chapter explores the benefits and limitations of personal health records (PHRs) as a tool to promote transparency in health care. A PHR can be defined as “an electronic application through which individuals can access, manage and share their health information . . . in a private, secure, and confidential environment.” PHRs can enhance efficiency, communication, data accuracy, and health outcomes. At the same time, they can disrupt the physician-patient relationship and raise liability concerns. For example, PHRs may induce patients and physicians to rely on electronic communication when office visits would be far more appropriate. The chapter analyzes the impact of PHRs ...

From Alice To Bob: The Patent Eligibility Of Blockchain In A Post-Cls Bank World, Antonio M. Dinizo Jr.

Journal of Law, Technology, & the Internet

Every year the World Economic Forum publishes a list of the top ten emerging technologies. This list of breakthrough technologies has included 3-D printing, self-healing biomimicry materials, and human microbiome therapeutics. In 2016, the financial technology Blockchain dominated the list. Over $1 billion was invested into Blockchain technology and major financial firms are actively exploring Blockchain innovation.

As innovators enter the Blockchain space, they have pushed for patent protection. This Note examines whether Blockchain is patent eligible. Patent eligibility for business methods and software patents is determined under the Supreme Court’s holding in Alice v. CLS Bank. The first ...

Volume 9, Masthead

Journal of Law, Technology, & the Internet

No abstract provided.

Blockchain Technology: An Interconnected Legal Framework For An Interconnected System, Marina Fyrigou-Koulouri

Journal of Law, Technology, & the Internet

In 2018, someone hiding behind the pseudonym Satoshi Nakamoto created Bitcoin, the first decentralized cryptocurrency operating without a central bank or authority. However, the true revolution seems to be its underlying technology; blockchain. Today, a lot of discussion is taking place around the legal issues of this nascent technology. This paper focuses on blockchain and the law. After exploring blockchain’s basic features, it will propose an international regulatory framework suitable for this technology’s characteristics and its borderless nature.

Auer Evasions, Jonathan Adler

Faculty Publications

Auer v. Robbins requires federal courts to defer to federal agency interpretations of ambiguous regulations. Auer built upon, and arguably expanded, the Court’s long-standing practice of deferring to agency interpretations of their own regulations born in Bowles v. Seminole Rock. Although initially uncontroversial, the doctrine has come under fire from legal commentators and prominent jurists, including Auer’s author, the late Justice Antonin Scalia. As Justice Scalia came to recognize, Auer deference enables agencies to evade a wide range of legal constraints that are otherwise imposed upon agency behavior, the ability of agencies to take action with the force ...

Revisionist Municipal Liability, Avidan Y. Cover

Faculty Publications

The current constitutional torts system under 42 U.S.C. § 1983 affords little relief to victims of government wrongdoing. Victims of police brutality seeking accountability and compensation from local police departments find their remedies severely limited because the municipal liability doctrine demands plaintiffs meet near-impossible standards of proof relating to policies and causation.

The article provides a revisionist historical account of the Supreme Court’s municipal liability doctrine’s origins. Most private litigants’ claims for damages against cities or police departments do not implicate the doctrine’s early federalism concerns over protracted federal judicial interference with local governance. Meanwhile the ...

Sex, Lies, And Ultrasound, B. Jessie Hill

Faculty Publications

State-mandated falsehoods are rampant in the context of abortion regulation. State legislatures have required doctors, before performing abortions, to provide scientifically unsupported information to women, such as that having an abortion increases the risk of breast cancer, or that it has negative mental health effects. Given the lack of evidence to sustain these sorts of claims, it seems reasonable to refer to such statements as government-mandated lies. However, this article argues that government mandated lies in the abortion context are unique in several ways that make them unlikely to be found unconstitutional, despite the fact that they obviously hinder patients ...

A Bargaining Dynamic Transaction Cost Approach To Understanding Framework Contracts, Juliet P. Kostritsky

Faculty Publications

This Article takes a different approach. It draws on the literature of these scholars but suggests that another way to understand the arrangements parties enter into in a variety of settings to purchase or sell goods or to innovate on a product or drug can best be understood in terms of a bargaining dynamic that looks at how the private interests of the parties are turned into joint interests in the agreement reached. It is a mistake to talk about the form of a contract without first understanding the bargaining needs and positions of the parties and how those needs ...

Step Therapy: Legal And Ethical Implications Of A Cost-Cutting Measure, Sharona Hoffman

Faculty Publications

The very high and ever-increasing costs of medical care in the United States are well-recognized and much discussed. Health insurers have employed a variety of strategies in an effort to control their expenditures, including one that is common but has received relatively little attention: step therapy. Step therapy programs require patients to try less expensive treatments and find them to be ineffective or otherwise problematic before the insurer will approve a more high-priced option. This Article is the first law journal piece dedicated to analyzing this important cost control measure.

The Article explores the strengths and weaknesses of step therapy ...

Graduate Education And The Taxation Of Tuition Reductions, Erik M. Jensen

Faculty Publications

While the legislation popularly (or unpopularly) known as the Tax Cuts and Jobs Act of 2017 was working its way through Congress, many colleges and universities were afraid that the repeal of Internal Revenue Code section 117(d), as provided in the House version of the bill, would have catastrophic effects on American graduate education. The concern was that, after repeal, graduate teaching and research assistants would be taxed on their tuition reductions, and the measure of the income would be determined using the stated tuition figure—the sticker price—for the academic institution. Section 117(d) survived, but it ...

The Foreign Emoluments Clause, Erik M. Jensen

Faculty Publications

Because of the foreign business dealings of President Donald Trump and his family, interpreting the Foreign Emoluments Clause has become a nearly fulltime job for political pundits, with stories about the clause appearing in every conceivable media outlet. The clause provides that “no Person holding any Office of Profit or Trust under [the United States] shall, without the Consent of Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.” If the president is benefitting economically from business dealings with foreign governments (or organizations that might be treated as agencies ...

Big Data Analytics: What Can Go Wrong, Sharona Hoffman

Faculty Publications

It is not uncommon to read that long-held beliefs about medical treatments have been dislodged by new studies. For example, there is now doubt as to whether women should undergo annual mammograms, previously a cornerstone of cancer screening. Hormone replacement therapy for menopausal women, once considered highly suspect in light of worrisome research findings, is now being reconsidered as a beneficial therapy. These reversals trouble and confuse many Americans.

This Article explores why medical research findings can be erroneous and what can go wrong in the process of designing and conducting research studies. It provides readers with essential analytical tools ...

Regulating Decentralized Cryptocurrencies Under Payment Services Law: Lessons From The European Union, Asress Adimi Gikay Dr.

Journal of Law, Technology, & the Internet

Several years after the inception of the most dominant cryptocurrency, bitcoin, the European Central Bank in 2015 indicated the need for establishing legal clarity by relevant authorities through explaining how the current legal framework applies to cryptocurrencies. Three years later, no meaningful step has been taken by any of the European Union (EU) institutions including the parliament. By examining the EU’s legal framework governing payments services, including the Single Euro Payment Area (SEPA) Regulation, the Electronic Money Directive, the Payment Services Directive and the proposed AML/CTF Directive, this article concludes that (a) because the existing payment services laws ...

Privacy And Outrage, Jordan M. Blanke

Journal of Law, Technology, & the Internet

It is not an understatement that technology has dramatically altered virtually every aspect of our life in recent years. While technology has always driven change, these changes are occurring more rapidly and more extensively than ever before. We are fully entrenched in the world of Big Data, the Internet of Things, and Smart Cities – and we are never going back. As always, society and its laws must evolve, but it is not always an easy process.

The notion of privacy has certainly changed in our data-driven world and continues to change daily. While it has always been difficult to define ...

The Modern Trolley Problem: Ethical And Economically-Sound Liability Schemes For Autonomous Vehicles, Amar Kumar Moolayil

Journal of Law, Technology, & the Internet

The paper synthesizes modern scholarship in the fields of Artificial Intelligence law, Ethics, Corporate Liability, and Economics to develop potential liability schemes that the automotive and insurance industries may impose when autonomous vehicles eventually come to dominate the roadways. By addressing the issues of whom the autonomous vehicle’s AI protects and who bears liability in the event of an accident—two issues that this author believes are critical to the successful adoption of autonomous vehicle technology—the transition from human drivers to AI drivers will be less contentious. Because of the prescient nature of the topic, as well as ...

Tribute To Professor Paul Giannelli, Francis A. Gilligan

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Paul Giannelli, Karen Nelson Moore

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Paul Giannelli, Erin Murphy

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 68 Issue 3 (2018)

Case Western Reserve Law Review

No abstract provided.

Volume 68 Issue 3 (2018), Case Western Reserve University Law Review

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Paul Giannelli, Jessica Berg, Michael Scharf

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Paul Giannelli, Michael Benza

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Paul Giannelli, Brandon L. Garrett

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Paul Giannelli, Dale Nance

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Paul Giannelli, Edward J. Imwinkelried

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Paul Giannelli, D. Michael Risinger

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Paul Giannelli, Barbara R. Snyder

Case Western Reserve Law Review

No abstract provided.

Firearm-Mark Evidence: Looking Back And Looking Ahead, David H. Kaye

Case Western Reserve Law Review

No abstract provided.

A Legal Perspective On The Trials And Tribulations Of Ai: How Artificial Intelligence, The Internet Of Things, Smart Contracts, And Other Technologies Will Affect The Law, Iria Giuffrida, Fredric Lederer, Nicolas Vermerys

Case Western Reserve Law Review

No abstract provided.

Who Speaks For Neuroscience? Neuroimaging Evidence And Courtroom Expertise, Jane Campbell Moriarty, Daniel D. Langleben

Case Western Reserve Law Review

No abstract provided.