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Full-Text Articles in Law

Amicus Curiae Observations By Public International Law & Policy Group, Situation In The Democratic Republic Of The Congo, Milena Sterio, Michael P. Scharf, Paul R. Williams Sep 2020

Amicus Curiae Observations By Public International Law & Policy Group, Situation In The Democratic Republic Of The Congo, Milena Sterio, Michael P. Scharf, Paul R. Williams

Law Faculty Briefs

The Public International Law & Policy Group (“PILPG”) offers the following amicus curiae observations pursuant to the Decision No. ICC-01/04-02/06-2569. PILPG is willing to appear before the Court if it would assist. Prof. Paul R. Williams, Dean Michael P. Scharf, Prof. Milena Sterio, Dr. Brianne McGonigle Leyh, Dr. Julie Fraser, Jonathan Worboys, Eian Katz, Raghavi Viswanath, Nicole Carle, Alexandra Koch, Isabela Karibjanian, and Olivia Wang contributed to these observations.


Petitioners' Reply Memorandum In Support Of Their Emergency Petetion For A Writ Of Habeas Corpus, Joseph Mead, David J. Carey, Freda J. Levenson, David A. Singleton, Mark A. Vander Laan, Michael L. Zuckerman Apr 2020

Petitioners' Reply Memorandum In Support Of Their Emergency Petetion For A Writ Of Habeas Corpus, Joseph Mead, David J. Carey, Freda J. Levenson, David A. Singleton, Mark A. Vander Laan, Michael L. Zuckerman

Law Faculty Briefs

In the roughly 120 hours since Petitioners filed their emergency petition for a writ of habeas corpus, the death toll at Elkton has doubled, and the number of BOP-confirmed COVID-19 cases among prisoners has tripled. About three dozen corrections staff have tested positive for the virus, a number that has also tripled since this case was filed. Elkton now accounts for more than one-third of all prisoner deaths from COVID-19 in federal prisons nationwide, and over half of the COVID-19 deaths in Columbiana County, making it one of the deadliest places a person can live in the current pandemic. According ...


Brief Of Amici Curiae Professors Ronald A. Cass, David F. Forte, James L. Huffman, Donald J. Kochan, Jesse J. Richardson And Reed Watson In Support Of Petitioners, David F. Forte, Ronald A. Cass, James L. Huffman, Donald J. Kochan, Jesse J. Richardson, Reed Watson Apr 2020

Brief Of Amici Curiae Professors Ronald A. Cass, David F. Forte, James L. Huffman, Donald J. Kochan, Jesse J. Richardson And Reed Watson In Support Of Petitioners, David F. Forte, Ronald A. Cass, James L. Huffman, Donald J. Kochan, Jesse J. Richardson, Reed Watson

Law Faculty Briefs

The Court of Federal Claims ruled that the Klamath, Yurok and Hoopa (hereafter Tribes) reserved water rights in the Klamath River Basin are of a volume at least equal to the amount of water the Environmental Protection Agency has determined to be necessary to trigger endangered species protection. In the absence of an adjudication in state or federal court and contrary to the long history of federal deference (both by Congressional enactment and judicial precedent) to state adjudication of water rights, the Federal Circuit affirmed and thus preempted, without the participation of affected parties including petitioners, the State of Oregon ...


Emergency Petition For Writ Of Habeas Corpus, Injunctive, And Declaratory Relief - Class Action, Joseph Mead, David J. Carey, Mark A. Vander Laan, Freda Levenson, David Singleton Apr 2020

Emergency Petition For Writ Of Habeas Corpus, Injunctive, And Declaratory Relief - Class Action, Joseph Mead, David J. Carey, Mark A. Vander Laan, Freda Levenson, David Singleton

Law Faculty Briefs

As a tragic combination of infectious and deadly, COVID-19 poses a once-in-a-lifetime threat on a worldwide scale. Every state and territory in the United States has now been impacted, with nearly half a million cases and over 20,000 deaths reported to the Centers for Disease Control and Prevention (CDC). Even under ordinary conditions, each person who contracts this illness can be expected to infect between 2 and 3 others.

Cramped, overcrowded prisons amplify this threat. With thousands of people literally stacked on top of each other and unable to move around without rubbing shoulders, such environments are fundamentally incompatible ...


Cities And Citizens Seethe: A Case Study Of Local Efforts To Influence Natural Gas Pipeline Routing Decisions, Heidi Gorovitz Robertson Apr 2020

Cities And Citizens Seethe: A Case Study Of Local Efforts To Influence Natural Gas Pipeline Routing Decisions, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

This Article explores the reasons local governments find difficulty influencing pipeline-routing decisions. For example, federal law controls interstate natural gas pipeline permitting, which is complicated and inaccessible. State law, particularly in Ohio, heavily favors utilities, in part by preempting local efforts to make local decisions regarding oil and gas development. Finally, the information gaps are enormous between what local governments need to influence pipeline-routing decisions and what is accessible.

This Article addresses barriers to local influence by discussing the efforts of citizens and local governments to influence the routing of NexusSpectra's natural gas transmission pipeline, which was recently constructed ...


Brief Of Constitutional Law Scholars As Amici Curiae In Support Of Petitioners, David F. Forte, Ronald J. Colombo, Richard Epstein, Carl H. Esbeck, Robert P. George, Mary Ann Glendon, Brian Mccall, Stacy Scaldo, Steven Smith Mar 2020

Brief Of Constitutional Law Scholars As Amici Curiae In Support Of Petitioners, David F. Forte, Ronald J. Colombo, Richard Epstein, Carl H. Esbeck, Robert P. George, Mary Ann Glendon, Brian Mccall, Stacy Scaldo, Steven Smith

Law Faculty Briefs

Lurking behind the regulatory issues presented by this appeal is a concerted effort to displace the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb et seq. ("RFRA"), with a novel approach that would trivialize a law's burden on religion. The Court should not indulge it.

The critics' argument suffers from several analytical defects that can be remedied by (1) a proper constitutional understanding of RFRA's relationship to the Establishment Clause; (2) an accurate understanding of how the Religion Clauses safeguard third-party interests; and (3) the correct application of these understandings to the Final Rules.


Brief Of Amici Curiae Michael L. Rosin, David G. Post, David F. Forte, Michael Stokes Paulsen, And Sotirios Barber In Support Of Presidential Electors, David F. Forte, Michael L. Rosin, David G. Post, Michael Stokes Paulsen, Sotirios Barber Mar 2020

Brief Of Amici Curiae Michael L. Rosin, David G. Post, David F. Forte, Michael Stokes Paulsen, And Sotirios Barber In Support Of Presidential Electors, David F. Forte, Michael L. Rosin, David G. Post, Michael Stokes Paulsen, Sotirios Barber

Law Faculty Briefs

The Framers of the Constitution crafted the Electoral College to be an independent institution with the responsibility of selecting the President and Vice-President. Therefore, they intended each elector to exercise independent judgment in deciding whom to vote for. A state cannot revise the Constitution unilaterally by reducing the elector to a ministerial agent who must vote in a particular way or face a sanction. The question of each elector’s moral or political obligation is not before the Court. Nor is the desirability of the current electoral system. Rather, this case turns on what the Constitution allows, and what it ...


Appendix B: Ohio Attorney General Facial Recognition Task Force Proposal On Monitoring, Auditing, Enforcement And Transparency, Brian E. Ray, Dennis Hirsch Jan 2020

Appendix B: Ohio Attorney General Facial Recognition Task Force Proposal On Monitoring, Auditing, Enforcement And Transparency, Brian E. Ray, Dennis Hirsch

Law Faculty Reports and Comments

Policy controls that govern agency activity generally contain at least two components: (1) a substantive policy; and (2) a governance structure for ensuring implementation of and compliance with that policy. Effective controls require both. This proposal focuses on the second component, the governance structure. Specifically, it addresses routine monitoring, annual audits, enforcement of the AG’s policies that govern the facial recognition system, and public transparency. Established facial recognition policies, including those that the Task Force has looked to as models, recognize the importance of establishing such a governance structure.

We have reviewed existing federal and state policy templates documents ...


Securities Regulation, Cleveland-Marshall College Of Law Library Jan 2020

Securities Regulation, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Scholarship Technology, Cleveland-Marshall College Of Law Library Jan 2020

Scholarship Technology, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Legal Ethics & Professional Responsibility, Cleveland-Marshall College Of Law Library Jan 2020

Legal Ethics & Professional Responsibility, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Audiovisuals In Online Teaching, Cleveland-Marshall College Of Law Library Jan 2020

Audiovisuals In Online Teaching, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


C|M|Law Faculty Scholarship, Cleveland-Marshall College Of Law Library Jan 2020

C|M|Law Faculty Scholarship, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Jury Verdict & Damages Research, Cleveland-Marshall College Of Law Library Jan 2020

Jury Verdict & Damages Research, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Women And The Law, Cleveland-Marshall College Of Law Library Jan 2020

Women And The Law, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


First Amendment, Cleveland-Marshall College Of Law Library Jan 2020

First Amendment, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Let She Who Has The Womb Speak: Regulating The Use Of Human Oocyte Cryopreservation To The Detriment Of Older Women, Browne C. Lewis Jan 2020

Let She Who Has The Womb Speak: Regulating The Use Of Human Oocyte Cryopreservation To The Detriment Of Older Women, Browne C. Lewis

Law Faculty Articles and Essays

This article is divided into three parts. Part I examines the arguments in favor of banning human oocyte cryopreservation. Part II explores the reasons some opponents of human oocyte cryopreservation might give to support restrictions on the use of frozen oocytes. Part III analyzes the possible ethical and legal challenges that may arise in the event that the government seeks to ban the use of frozen oocytes or restrict the use of frozen oocytes based solely on the age of the potential mother.


The International Criminal Court: Current Challenges And Prospect Of Future Success, Milena Sterio Jan 2020

The International Criminal Court: Current Challenges And Prospect Of Future Success, Milena Sterio

Law Faculty Articles and Essays

The ICC has served as an agent of impunity since its inception in 1998, and its fundamental role in the field of international criminal justice as a permanent accountability mechanism remains undisputed. The court is, however, facing significant challenges which may threaten its legitimacy. These challenges can be surmounted if the court is willing to take a hard look at its own procedures, prosecutorial practices, and judicial attitudes. The ICC's future may be bright if the court makes significant changes in the present.


Dehumanization, Immigrants, And Equal Protection, Reginald Oh Oct 2019

Dehumanization, Immigrants, And Equal Protection, Reginald Oh

Law Faculty Articles and Essays

This article is divided into three parts. Part I explores the concept of dehumanization and its central role in the subordination of marginalized groups. Part II discusses the equal protection doctrine of suspect classes by analyzing key decisions by the Court and its reasoning for whether or not to consider a particular group as a suspect class. Part II also argues that the decision in Brown v. Board of Education regards racial segregation in public schools as a form of racial dehumanization and provides the doctrinal basis to consider dehumanization a central factor in determining suspect class status. Part III ...


Brief Amici Curiae Of Electronic Frontier Foundation, 1851 Center For Constitutional Law, And Profs. Jonathan Entin, David F. Forte, Andrew Geronimo, Raymond Ku, Stephen Lazarus, Kevin Francis O’Neill, Margaret Tarkington, Aaron H. Caplan, And Eugene Volokh In Support Of Respondent-Appellant, Joni Bey And Rebecca Rasawehr V. Jeffrey Rasawehr, Supreme Court Of Ohio (Case No. 2019-0295), David Forte, Stephen R. Lazarus, Kevin F. O'Neill, Jonathan L. Entin, Andrew Geronimo, Raymond Ku, Margaret Tarkington, Aaron H. Kaplan, Eugene Volokh Jul 2019

Brief Amici Curiae Of Electronic Frontier Foundation, 1851 Center For Constitutional Law, And Profs. Jonathan Entin, David F. Forte, Andrew Geronimo, Raymond Ku, Stephen Lazarus, Kevin Francis O’Neill, Margaret Tarkington, Aaron H. Caplan, And Eugene Volokh In Support Of Respondent-Appellant, Joni Bey And Rebecca Rasawehr V. Jeffrey Rasawehr, Supreme Court Of Ohio (Case No. 2019-0295), David Forte, Stephen R. Lazarus, Kevin F. O'Neill, Jonathan L. Entin, Andrew Geronimo, Raymond Ku, Margaret Tarkington, Aaron H. Kaplan, Eugene Volokh

Law Faculty Briefs

The brief argues that the Third District Court of Appeals, in violation of the First Amendment, erred in upholding an injunction that barred defendant from any online postings regarding plaintiff, whether or not those postings were to plaintiff or to third parties.


Talking Foreign Policy: Untangling The Yemen Crisis, Milena Sterio, Michael P. Scharf, Paul R. Williams, James Johnson, Laura Graham Apr 2019

Talking Foreign Policy: Untangling The Yemen Crisis, Milena Sterio, Michael P. Scharf, Paul R. Williams, James Johnson, Laura Graham

Law Faculty Articles and Essays

Talking Foreign Policy is a production of Case Western Reserve University and is produced in partnership with 90.3 FM WCPN ideastream. Questions and comments about the topics discussed on the show, or to suggest future topics, go to talkingforeignpolicy@case.edu.


Optimizing The Classroom Experience By Collaborating With Colleagues, Karin Mika Apr 2019

Optimizing The Classroom Experience By Collaborating With Colleagues, Karin Mika

Law Faculty Articles and Essays

Collaborations with colleagues, whether those colleagues are legal professionals or one’s doctrinal colleagues, can provide an enhanced learning experience for both professor and student in the Legal Writing classroom. Through these collaborations, Legal Writing professors can provide more substantive knowledge on a subject matter than they may have been able to provide in an individual capacity during a classroom lecture. Moreover, multiple-source inputs to the learning experience provide various viewpoints with the potential to increase the knowledge absorbed. Finally, collaborations have the potential of showing students the “big picture” that law is not an experience isolated within each class ...


Familiar Battles Yield Next Generation Victories, Karin Mika Mar 2019

Familiar Battles Yield Next Generation Victories, Karin Mika

Law Faculty Articles and Essays

No abstract provided.


Business, Legal, And Policy Issues In Relation To Increased Private Space Activity, Mark J. Sundahl Mar 2019

Business, Legal, And Policy Issues In Relation To Increased Private Space Activity, Mark J. Sundahl

Law Faculty Articles and Essays

Throughout the history of human activity in outer space, the role of private companies has steadily grown, and, in some cases, companies have even replaced government agencies as the primary actors in space. As private space activity has grown and diversified, the laws and regulations that govern private actors have been forced to evolve in reaction to the new realities of the industry. On the international level, the treaties concluded in the 1960s and 1970s continue to be in force today. However, these treaties only govern state activity in space. The rules regulating private industry are necessarily domestic in nature ...


Legislation And The Regulatory State Video Research Modules, Cleveland-Marshall College Of Law Library Jan 2019

Legislation And The Regulatory State Video Research Modules, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Law Career Resources, Cleveland-Marshall College Of Law Library Jan 2019

Law Career Resources, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Election Law, Cleveland-Marshall College Of Law Library Jan 2019

Election Law, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Fair Housing Law, Cleveland-Marshall College Of Law Library Jan 2019

Fair Housing Law, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Corporations And Businesses - Finding Info, Cleveland-Marshall College Of Law Library Jan 2019

Corporations And Businesses - Finding Info, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Mobile Apps For Law Students, Cleveland-Marshall College Of Law Library Jan 2019

Mobile Apps For Law Students, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.