Law Commons^™

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 ...

(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 ...

Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson

Faculty Publications

Business and law are increasingly practiced on a transnational scale, and law firms are adopting new business structures in order to compete on this global playing field. Over the last decade, global law firms have merged into so-called “mega-brands” or “mega-firms”—that is, associations of national or regional law firms that join together under a single brand worldwide. For law firms, the most common mega-firm structure has been the Swiss verein, though the English “Company Limited by Guarantee” structure is growing in popularity as well, as is the similar “European Economic Interest Grouping.” All of these structures allow related entities ...

Due Process And Denaturalization, Cassandra Burke Robertson, Irina D. Manta

Faculty Publications

Policies restricting immigration and citizenship play a significant role in the current political environment. The implementation of the travel ban, litigation over DACA, and a narrowing of citizenship opportunities for members of the armed forces have all made headlines in the last two years. Along with those policies, the Trump administration has also significantly increased efforts to strip citizenship from individuals alleged to have gained it improperly.

Revocation of citizenship used to focus primarily on former Nazis and other war criminals hiding from justice in the United States. Now, through programs called Operation Janus and Operation Second Look, the Trump ...

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, Shigemi 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 Ma, 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.

Appeal No. 0907: Donald E. Wood, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2015-345 (Financial Assurance)

Appeal No. 0930: M-I L.L.C. Dba M-S Swaco, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-267 (Temporary Authorization; Strasburg Facility)

Appeal No. 0964: Kevin Simballa, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-231 (Auer North Unit; Hilcorp Energy)

Appeal No. 0955: Ms. Kelly M. Rahach, Trustee, Rahach Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-45, 2018-87 & 2-18-88 (Old Farm Units; Chesapeake Exploration, LLC)

Appeal No. 0956: Ms. Kelly M. Rahach, Trustee, Rahach Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-45, 2018-87 & 2-18-88 (Old Farm Units; Chesapeake Exploration, LLC)

Appeal No. 0955: Ms. Kelly M. Rahach, Trustee, Rahach Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-45, 2018-87 & 2-18-88 (Old Farm Units; Chesapeake Exploration, LLC)

Appeal No. 0954: Patrick Hunkler, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-42 (Keller Unit) (Chesapeake Exploration, LLC)

Appeal No. 0952: Patrick Hunkler, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-13 (Surratt Unit) (Chesapeake Exploration, LLC)

Appeal No. 0953: George Jr. & Karen L. Dudich, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-13 (Surratt Unit; Chesapeake Exploration, LLC)

Appeal No. 0963: Adams Oil & Gas, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-124

Appeal No. 0949: Christ Community Church, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Alleged Violation of O.R.C. §1509.11

Appeal No. 0959: Thelma Schwender, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-94 (McKeegan South Unit: Gulfport Energy Corporation)

Appeal No. 0958: Adams Oil & Gas, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-89 (Plug Order; Hartline Richard Unit #1 Well)

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 ...

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 ...

Resistance, Resettlement, And Redress, Frank Abe

Case Western Reserve Law Review

No abstract provided.