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Case Western Reserve University School of Law

2011

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Articles 1 - 30 of 61

Full-Text Articles in Law

Appeal No. 0832: Meridian Energy Company, Big Sky Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Nov 2011

Appeal No. 0832: Meridian Energy Company, Big Sky Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2011-01 (Schloss-Hans Well #1)


Appeal No. 0833: Maverick Oil & Gas, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Sep 2011

Appeal No. 0833: Maverick Oil & Gas, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-40 & 2011-05


Appeal No. 0834: Maverick Oil & Gas, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Sep 2011

Appeal No. 0834: Maverick Oil & Gas, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-40 & 2011-05


Appeal No. 0829: Edythe Dimarco V. Division Of Oil & Gas Resources Management And Gonzoil, Inc., Ohio Oil & Gas Commission Apr 2011

Appeal No. 0829: Edythe Dimarco V. Division Of Oil & Gas Resources Management And Gonzoil, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-43 (GonzOil Inc., Lazlo Well #1D)


Appeal No. 0830: City Of Broadview Heights V. Division Of Oil & Gas Resources Management And Gonzoil, Inc., Ohio Oil & Gas Commission Mar 2011

Appeal No. 0830: City Of Broadview Heights V. Division Of Oil & Gas Resources Management And Gonzoil, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-34 (GonzOil Inc., Kral Well #1D)


Appeal No. 0831: City Of Broadview Heights V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Mar 2011

Appeal No. 0831: City Of Broadview Heights V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-43 (GonzOil Inc., Lazlo Well #1D)


Appeal No. 0814: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Mar 2011

Appeal No. 0814: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2009-19


Can States Exercise Universal Jurisdiction Over Non-National Pirates Captured On The High Seas?, Baker & Mckenzie Llp Jan 2011

Can States Exercise Universal Jurisdiction Over Non-National Pirates Captured On The High Seas?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


What Domestic And International Legal Efforts Can Best Ensure The Freezing Of Assets And Money Acquired Through Acts Of Piracy?, Baker & Mckenzie Llp Jan 2011

What Domestic And International Legal Efforts Can Best Ensure The Freezing Of Assets And Money Acquired Through Acts Of Piracy?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


Can Piracy Be Considered A Crime Against Humanity For Purposes Of The Jurisdiction Of The International Criminal Court?, Baker & Mckenzie Llp Jan 2011

Can Piracy Be Considered A Crime Against Humanity For Purposes Of The Jurisdiction Of The International Criminal Court?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


If Piracy Suspects Are Seriously Mistreated By The Capturing Authorities Before Being Handed Over To A Third State Or An International Tribunal For Trial, Would International Standards Of Justice Require That The Case Be Dismissed?, Baker & Mckenzie Llp Jan 2011

If Piracy Suspects Are Seriously Mistreated By The Capturing Authorities Before Being Handed Over To A Third State Or An International Tribunal For Trial, Would International Standards Of Justice Require That The Case Be Dismissed?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


Prosecuting Child Pirates, Danielle Fritz Jan 2011

Prosecuting Child Pirates, Danielle Fritz

War Crimes Memoranda

No abstract provided.


Domestic Incorporation Of International Law: Comparative State Practice, Pilpg Jan 2011

Domestic Incorporation Of International Law: Comparative State Practice, Pilpg

War Crimes Memoranda

No abstract provided.


Case Brief: In Re Mohamud Mohamed Hashi Et Al. (2009), Pilpg Jan 2011

Case Brief: In Re Mohamud Mohamed Hashi Et Al. (2009), Pilpg

War Crimes Memoranda

No abstract provided.


Payment Of Piracy Ransoms, Pilpg Jan 2011

Payment Of Piracy Ransoms, Pilpg

War Crimes Memoranda

No abstract provided.


Use Of Force By Private Contractors Against Somali Pirates, Effy Folberg Jan 2011

Use Of Force By Private Contractors Against Somali Pirates, Effy Folberg

War Crimes Memoranda

No abstract provided.


What Are The Common Forms Of Lawyer Misconduct Likely To Occur Before The Eccc, And How Can The Eccc Address And Sanction Such Misconduct?, Rizwan Chowdhry Jan 2011

What Are The Common Forms Of Lawyer Misconduct Likely To Occur Before The Eccc, And How Can The Eccc Address And Sanction Such Misconduct?, Rizwan Chowdhry

War Crimes Memoranda

No abstract provided.


Under International Law, What Conventions Or Customary International Law Best Address Modern Acts Of Piracy?, Baker & Mckenzie Llp Jan 2011

Under International Law, What Conventions Or Customary International Law Best Address Modern Acts Of Piracy?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


Would The Right Of Hot Pursuit Enable Third States To Apprehend Pirates In The Territorial Waters Of Another State Without Its Consent?, Brett Ashley Edwards Jan 2011

Would The Right Of Hot Pursuit Enable Third States To Apprehend Pirates In The Territorial Waters Of Another State Without Its Consent?, Brett Ashley Edwards

War Crimes Memoranda

No abstract provided.


Under International Standards Of Justice, Can Audio Or Video Recordings Of Distress Calls And Footage From Vessels Allegedly Subjected To Piratical Attacks Be Admitted Into Evidence? How Would Authenticity Be Proved? Does This Deny The Opportunity To Cross-Examine?, Baker & Mckenzie Llp Jan 2011

Under International Standards Of Justice, Can Audio Or Video Recordings Of Distress Calls And Footage From Vessels Allegedly Subjected To Piratical Attacks Be Admitted Into Evidence? How Would Authenticity Be Proved? Does This Deny The Opportunity To Cross-Examine?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


In What Ways Should Provisions And Agreements Governing Surrender And Legal Assistance Of A Security Council-Created Piracy Court Differ From A War Crimes Tribunal?, Brett Ashley Edwards Jan 2011

In What Ways Should Provisions And Agreements Governing Surrender And Legal Assistance Of A Security Council-Created Piracy Court Differ From A War Crimes Tribunal?, Brett Ashley Edwards

War Crimes Memoranda

No abstract provided.


Comparative Analysis Of The Modes Of Individual Criminal Responsibility As Defined By Article 3(1)(A) Of The Statute Of The Special Tribunal For Lebanon And The Modes As Defined In The Statutes Of The International Criminal Tribunal For The Former Yugoslavia, The International Criminal Tribunal For Rwanda, The Special Court For Sierra Leone, And The International Criminal Court Asserting That The Differences In Language Utilized By The Statutes Of International Tribunals To Denote The Modes Of Individual Criminal Responsibility Serve A Non-Substantive Legal Purpose., Ashanti C. Lisowitz Jan 2011

Comparative Analysis Of The Modes Of Individual Criminal Responsibility As Defined By Article 3(1)(A) Of The Statute Of The Special Tribunal For Lebanon And The Modes As Defined In The Statutes Of The International Criminal Tribunal For The Former Yugoslavia, The International Criminal Tribunal For Rwanda, The Special Court For Sierra Leone, And The International Criminal Court Asserting That The Differences In Language Utilized By The Statutes Of International Tribunals To Denote The Modes Of Individual Criminal Responsibility Serve A Non-Substantive Legal Purpose., Ashanti C. Lisowitz

War Crimes Memoranda

No abstract provided.


Eyes On A Climate Prize: Rewarding Energy Innovation To Achieve Climate Stabilization, Jonathan H. Adler Jan 2011

Eyes On A Climate Prize: Rewarding Energy Innovation To Achieve Climate Stabilization, Jonathan H. Adler

Faculty Publications

Stabilizing atmospheric concentrations of greenhouse gases at double their pre-industrial levels (or lower) will require emission reductions far in excess of what can be achieved with current or projected levels of technology at a politically acceptable cost. Substantial technological innovation is required if the nations of the world are to come anywhere close to proposed emission reduction targets. Neither traditional federal support for research and development of new technologies nor traditional command-and-control regulations are likely to spur sufficient innovation. Technology inducement prizes, on the other hand, have the potential to incentivize and accelerate the rate of technological innovation in the …


No Difference?: An Analysis Of Same-Sex Parenting, George W. Dent Jan 2011

No Difference?: An Analysis Of Same-Sex Parenting, George W. Dent

Faculty Publications

The principal argument for traditional marriage is that it is uniquely beneficial to children. The campaign for same-sex marriage (“SSM”) denies this argument and claims that same-sex couples are just as good as other parents; there is “no difference” between the two. This article analyzes this claim and concludes that it is unsubstantiated and almost certainly false.


Would The Reins Act Rein In Federal Regulation?, Jonathan H. Adler Jan 2011

Would The Reins Act Rein In Federal Regulation?, Jonathan H. Adler

Faculty Publications

Federal regulation reaches nearly all aspects of modern life and is pervasive in the modern economy. Much of this regulation may be necessary or advisable, but there is understandable concern that regulatory agencies act outside the authority delegated to them by Congress. The proposed Regulations of the Executive in Need of Scrutiny (REINS) Act is intended to remedy this by requiring that major regulations receive the approval of Congress through an expedited process. Critics of the REINS Act claim it would severely curtain important regulatory efforts and allow for all sorts of congressional gamesmanship. In fact, the REINS Act would …


Urban Green Uses: The New Renewal, Catherine J. Lacroix Jan 2011

Urban Green Uses: The New Renewal, Catherine J. Lacroix

Faculty Publications

As they confront dramatically reduced population and little prospect of significant near-term growth, several cities in the rust belt have turned to innovative tactics to put excess land to beneficial use. These measures include the creation of active land banks, downzoning for "green" uses such as urban agriculture, possible consolidation of population and abandonment of utility and public services, and installation of green infrastructure, such as stormwater retention and renewable power generation facilities, on publicly owned land. In the process, these cities face intriguing legal questions: What steps are needed to form an effective land bank? What is the liability …


Ambivalence & Activism: Employment Discrimination In China, Timothy Webster Jan 2011

Ambivalence & Activism: Employment Discrimination In China, Timothy Webster

Faculty Publications

Chinese courts do not vigorously enforce many human rights, but a recent string of employment discrimination lawsuits suggests that, given the appropriate conditions, advocacy strategies, signals from above, and rights at issue, courts can help victims vindicate their constitutional and statutory rights to equality. Since 28, carriers of the hepatitis B virus (HBV) have used the Employment Promotion Law to challenge hiring discrimination. Their high success rate suggests official support for making one potent form of discrimination illegal. Central to these lawsuits is a broad network of lawyers, activists and scholars who have advocated for protecting the rights of HBV …


Insular Minorities: International Law’S Challenge To Japan’S Ethnic Homogeneity, Timothy Webster Jan 2011

Insular Minorities: International Law’S Challenge To Japan’S Ethnic Homogeneity, Timothy Webster

Faculty Publications

The Japanese state has long promoted a view of itself, and the country, as ethnically homogeneous. Borrowing on critical race theory as developed in the United States, this paper first traces the numerous laws and policies that Japan has implemented to privilege ethnically Japanese people, and prejudice ethnic others. Next, the paper examines the role of international human rights law in challenging various edifices of the ethno-state, including amendments to legislation, and individual lawsuits. I conclude that international law has played a meaningful role in diversifying the protective ambit of Japanese law, but cannot provide all of the solutions that …


Losing The War Against Dirty Money: Rethinking Global Standards On Preventing Money Laundering And Terrorism Financing, Richard K. Gordon Jan 2011

Losing The War Against Dirty Money: Rethinking Global Standards On Preventing Money Laundering And Terrorism Financing, Richard K. Gordon

Faculty Publications

Following a brief overview in Part I.A of the overall system to prevent money laundering, Part I.B describes the role of the private sector, which is to identify customers, create a profile of their legitimate activities, keep detailed records of clients and their transactions, monitor their transactions to see if they conform to their profile, examine further any unusual transactions, and report to the government any suspicious transactions. Part I.C continues the description of the preventive measures system by describing the government's role, which is to assist the private sector in identifying suspicious transactions, ensure compliance with the preventive measures …


The Limits Of Wto Adjudication: Is Compliance The Problem?, Juscelino F. Colares Jan 2011

The Limits Of Wto Adjudication: Is Compliance The Problem?, Juscelino F. Colares

Faculty Publications

Mainstream international trade law scholars have commented positively on the work of World Trade Organization (WTO) adjudicators. This favorable view is both echoed and challenged by empirical scholarship that shows a high disparity between Complainant and Respondent success rates (Complainants win between 8 and 9 percent of the disputes). Regardless of how one interprets these results, mainstream theorists, especially legalists, believe more is to be done to strengthen the system, and they point to instances of member recalcitrance to implement rulings as a serious problem. This article posits that such attempts to strengthen compliance are ill-advised. After discussing prior empirical …