Law Commons^™

(Un)Civil Denaturalization, Cassandra Burke Robertson, Irina D. Manta

Faculty Publications

Over the last fifty years, naturalized citizens in the United States were able to feel a sense of finality and security in their rights. Denaturalization, wielded frequently as a political tool in the McCarthy era, had become exceedingly rare. Indeed, denaturalization was best known as an adjunct to criminal proceedings brought against former Nazis and other war criminals who had entered the country under false pretenses.

Denaturalization is no longer so rare. Naturalized citizens’ sense of security has been fundamentally shaken by policy developments in the last five years. The number of denaturalization cases is growing, and if current trends ...

Striking A Grotian Moment: How The Syria Airstrikes Changed International Law Relating To Humanitarian Interventions, Michael P. Scharf

Faculty Publications

In the years since the 1999 NATO airstrikes on Serbia to prevent ethnic cleansing of the Kosovar Albanians, international law has been moving in fits and starts toward recognition of a limited right of humanitarian intervention in the absence of Security Council approval. But all the ingredients necessary for the crystallization of customary international law were not present until the April 14, 2018 U.S./French/U.K. airstrikes on Syrian chemical weapons facilities. This article examines the unique features of the April 2018 airstrikes – the context of a crisis of historic proportions, the focus on preventing the use of ...

Sorting Out Concern: European Attitudes Toward Human Trafficking, Jennifer Cheek M.S., Lindsey Peterson Phd

Societies Without Borders

No abstract provided.

Global Human Rights Organizations And National Patterns: Amnesty International's Representations Of Darfur, Joachim J. Savelsberg Phd

Societies Without Borders

This article investigates the contribution of International Non-Governmental Organizations to the social construction of knowledge about episodes of mass violence. The focus is on the dynamics between global and national forces, explored through a case study of Amnesty International and the mass violence that unfolded in the Darfur region of Sudan during the first decade of the 21st century. Interviews with Amnesty staff and volunteers, supplemented by an examination of Amnesty websites, suggest that the organization succeeds in generating a relatively unified representation, reflective of its goal to promote human rights, but that it can succeed only by granting leeway ...

Radical Right-Wing Parties In Western Europe And Their Populist Appeal: An Empirical Explanation, Peter Doerschler Phd, Pamela Irving Jackson Phd

Societies Without Borders

In a majority of Western European countries, the vote share cast for radical right-wing populist parties in national elections was over 10% by 2015, reaching 46% in Austria’s 2016 presidential election. Policy agendas of national governments have also moved to the right, demonstrating greater restrictiveness on immigration and skepticism toward the EU. With data from the Chapel Hill Expert Survey, European Social Survey, Multiculturalism Policy Index, and Parliaments and Governments Database, we extend current models of electoral support for far-right parties by assessing whether the ethnic majority’s sense of discrimination and safety help explain the allure of the ...

Comparing Ignorance: Imagined Immigration And The Exclusion Of Migrants In The Us And Western Europe, Daniel Herda Phd

Societies Without Borders

There exists a well-documented tendency among citizens to perceive immigrant populations as much larger than indicated by official statistics. This misperception has been linked to desires to halt the flow of immigration or restrict immigrants’ rights, raising concern about the consequences of pervasive faulty information. However, ignorance extends beyond questions of population size. There are also many qualitative misperceptions upon which individuals base their opinions about foreigners. In particular, citizens are likely to hold incorrect perceptions about the legal status of the typical immigrant (i.e., documented vs undocumented). The current study takes a unique approach by simultaneously examining both ...

Determinants Of Open Attitudes Towards Foreign Nationals In Japan, Shigmi Ohtsuki Phd

Societies Without Borders

With a declining birth rate and aging population, Japan needs to open the door to immigrants to maintain its workforce. “Multicultural Coexistence,” or “tabunka-kyosei” in Japanese, is commonly used to describe the relationship between Japanese people and foreign nationals in Japan. Unfortunately, the definition of the term is unclear. This study defines multicultural coexistence based on two conceptions, namely “willingness for communication” and “support for or opposition to the equality of rights.” The analyses are based on quantitative data of a sample of 1,823 Japanese persons and 292 foreign national persons (immigrants) living in the industrial city of Tokyo ...

Immigrant Voices: How Do Patterns Of Expressive Forms Of Civic Engagement Differ Across Immigrant Generation?, Renee Stepler Phd, Hiromi Ishizawa Phd

Societies Without Borders

Prior research suggests that immigrants in the U.S. are less likely to civically engage than the native-born, but few studies have systematically examined whether levels of expressive engagement differ by immigrant generational status – particularly in the case of contacting a public official and boycotting or buycotting products for political or social reasons. Using the Current Population Survey, November 2011 and 2013 Civic Engagement Supplements, this study examines whether these forms of expressive engagement differ across immigrant generational status, and by race and ethnicity within immigrant generations. In accord with classical assimilation theory, the findings show that the first generation ...

Social Inclusion In A Context Of Global Migration - Introduction, Loretta E. Bass Phd

Societies Without Borders

No abstract provided.

Struggles Over Universal Human Rights, Brian K. Gran Phd

Societies Without Borders

No abstract provided.

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 ...

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 ...

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 ...

Volume 9, Masthead

Journal of Law, Technology, & the Internet

No abstract provided.

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 ...

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

Case Western Reserve Law Review

No abstract provided.

National Security, National Origin, And The Constitution: 75 Years After Eo 9066, Geoffrey R. Stone

Case Western Reserve Law Review

No abstract provided.

Resistance, Resettlement, And Redress, Frank Abe

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 68 Issue 4 (2018)

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, 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.

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, Barbara R. Snyder

Case Western Reserve Law Review

No abstract provided.

Clearing The Judicial Fog: Codifying Abstention, James Bedell

Case Western Reserve Law Review

No abstract provided.

Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David F. Forte

Case Western Reserve Law Review

No abstract provided.

Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter S. Margulies

Case Western Reserve Law Review

No abstract provided.