Digital Commons Network^™

“Is Medicine A Normative Community?", Bharat Ranganathan, Jeremy Sabella

The International Journal of Ethical Leadership

No abstract provided.

Talking Foreign Policy August 14, 2023 Broadcast: “Age Of The Strongman”, Inamori Center

The International Journal of Ethical Leadership

No abstract provided.

Talking Foreign Policy November 20, 2023 Broadcast: “Foreign Policy And Climate Change”, Inamori Center

The International Journal of Ethical Leadership

No abstract provided.

New Rules For A New Era: Regulating Artificial Intelligence In The Legal Field, Hunter Cyran

Journal of Law, Technology, & the Internet

As Artificial Intelligence (AI) continues to evolve at a rapid pace, many industries have already started integrating new technologies to reduce costs and labor. While this is practical for some industries, the legal industry should be cautious before fully integrating AI. Some legal-service providers are already developing and offering new AI products. But the legal industry must approach these new products with some skepticism. While AI may eventually bring positive changes to the legal industry, AI currently has many flaws. This can create negative unintended consequences for attorneys and judges that are unaware of these flaws. Further, AI is not …

Employers And The Privatization Of Public Health, Sharona Hoffman

Faculty Publications

This Article focuses on the role of employers in public health and argues that they constitute increasingly important actors in the U.S. public health arena. In the aftermath of the COVID-19 pandemic, a series of judicial decisions and newly enacted statutes enfeebled the public health powers of the federal and state governments. In a 2023 statement, Supreme Court Justice Neil Gorsuch clearly articulated his antagonism towards government-initiated COVID-19 interventions, describing them as “the greatest intrusions on civil liberties in the peacetime history of this country.” All too many share his views.

Employers may be highly motivated to safeguard their workers’ …

Unprincipled Delegation: The Health Resources And Services Administration And Future Of The Nondelegation Doctrine, Lucas Katz

Health Matrix: The Journal of Law-Medicine

This paper explores the intricate interplay between the nondelegation doctrine and the administrative state, with a specific focus on the Health Resources and Services Administration (HRSA) and its delegated authority under 42 U.S. Code §300gg-13(a)(4). It delves into the historical context of the nondelegation doctrine, analyzing Supreme Court precedents and recent trends that have shaped the boundaries of congressional delegation of legislative power. By examining the practical implications of potential nondelegation violations and the impact on women's healthcare, the article advocates for a nuanced approach that balances the need for administrative flexibility with constitutional principles. It proposes solutions to clarify …

The Call For Faa Regulation Change: Why Individuals With Adhd And Adhd Medication Prescriptions Should Be Permitted To Become Pilots, Clare Kelley

Health Matrix: The Journal of Law-Medicine

This paper delves into the pressing need for the Federal Aviation Administration (FAA) to reconsider its regulations concerning individuals with Attention-Deficit/Hyperactivity Disorder (ADHD) and those prescribed ADHD medications who aspire to become pilots. The current FAA regulations exhibit a rigid and outdated understanding of ADHD and its treatment, leading to the exclusion of a growing number of individuals from the aviation industry. Through an analysis of studies demonstrating the safety and efficacy of ADHD medications in improving driving performance and reducing accident risks, this paper advocates for a shift in the FAA's stance. Societal factors, such as the increasing prevalence …

No Way Fda, Let States Lead The Way On Expanding The Prescriptive Authority Of Pharmacists, Corey A. Whetzel

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Assessing The Performance Of Place-Based Economic Development Incentives: What’S The Word On The Street?, Matthew Rossman

Faculty Publications

Although politically popular, place-based economic development incentives have had limited success and proven difficult to evaluate. Unlike most legal scholarship on this topic, this article takes a qualitative approach in examining them. It studies the performance of four distinct types of development incentives intended to alleviate economic distress, using insight gathered from interviews with business owners, development professionals, and community members in six adjoining neighborhoods, where past efforts at revitalization have failed despite locational advantages.

The challenges faced by economically distressed places are typically varied and complex. The qualitative sampling techniques employed in this article’s research generated nuanced, ‘on the …

Permitting The Future, Jonathan Adler

Faculty Publications

Today’s environmental laws impose a range of permitting and review requirements on federal projects and private developments that require federal approval. While well-intentioned, these requirements have imposed substantial costs and delays on economic development, including the development of “green infrastructure.” Alternative energy projects and the infrastructure upon which they depend are constrained by lengthy permit reviews and assessments. While designed to protect the environment, these regimes may constrain the development and deployment of the environmental technologies of tomorrow, including (but not limited to) those necessary to address climate change. This essay is the introduction to a symposium on “Permitting the …

Is The Business Of The Court (Still) Business?, Jonathan Adler

Faculty Publications

The Roberts Court has long been characterized as a pro-business court, perhaps the most pro-business court in a century. Insofar as this alleged pro-business orientation is due to the Court’s Republican-appointed majority, President Trump’s appointments to the Supreme Court should have magnified the Court’s pro-business orientation. Yet there are reasons to question the general characterization of the Court as “pro-business” as well as the assumption that an increase in the Court’s Republican-appointed majority has increased any pro-business orientation. Quantitative analyses often fail to account for the relative importance of individual decisions, the broader, legal context in which the Court’s decisions …

Machines Make Mistakes Too: Planning For Ai Liability In Contracting, Mark Sayre, Kyle Glover

Journal of Law, Technology, & the Internet

Recent advances in artificial intelligence have set off a frenzy of commercial activity, with companies fearful that they may fall behind if they are unable to quickly incorporate the new technology into their products or their internal processes. At the same time, numerous scholars from the machine learning community have warned of the fundamental risks that uninhibited use of artificial intelligence poses to society. The question is not whether artificial intelligence will cause harm, but when, and how. The certainty of future harm necessitates that legal scholars and practitioners examine the liability implications of artificial intelligence. While this topic has …

Dazed & Confused . . . And . . . Psychotic?, Judy A. Clausen, Joanmarie I. Davoli, Benjamin W. Lacy Md

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Relationship Between Demedicalization And Criminalization In Reproductive Health, Elizabeth Kukura

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Access Denied: Accessibility And The Law Of Telehealth For People With Disabilities, Laura C. Hoffman

Health Matrix: The Journal of Law-Medicine

This paper delves into the critical issue of healthcare accessibility for individuals with disabilities, as explored by Dr. Laura C. Hoffman in her comprehensive analysis. The document sheds light on the definition of disability within the healthcare framework and elucidates the existing healthcare disparities faced by individuals with disabilities. Dr. Hoffman emphasizes the pivotal role of telehealth in bridging the accessibility gap and advocates for the integration of disability-specific training for medical professionals. Furthermore, the paper underscores the necessity of incorporating accommodations such as sign language interpreters and speech-to-speech translators into standard clinical workflows to ensure equitable healthcare access. By …

The Leader We Wish We All Had Is You: Insights From The Covid-19 Pandemic, Amy Acton Md, Mph

Health Matrix: The Journal of Law-Medicine

This is an essay based on Dr. Amy Acton's Schroeder Lecture at Case Western Reserve University School of Law in October 2023. Dr. Acton was the Director of the Ohio Department of Health during the early months of the COVID-19 pandemic. She discusses lessons learned from serving in this capacity and leading Ohio’s pandemic response.

A Health Justice Approach To Abortion, Maya Manian

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Keynote Address For The Cox International Law Center Conference, James Chen

Case Western Reserve Journal of International Law

No abstract provided.

Fossil Fuel Fraud, Wes Henricksen

Case Western Reserve Journal of International Law

In some recent climate litigation cases, plaintiffs have added a claim for common law fraud, in addition to the more traditionally pursued claims for nuisance, negligence, and trespass. Fraud claims against fossil fuel companies center on the decades-long campaign of climate change doubt that was organized, funded, and carried out by oil, gas, and coal industry leaders, as well as public relations firms and industry advocacy groups working on their behalf. But while the doubt campaign certainly fits the fraud mold—a purposeful effort to mislead for profit—because it was aimed at defrauding the public at large, rather than defrauding a …

Talking Foreign Policy: "Foreign Policy And Climate Change" November 20, 2023 Broadcast, Cwru Law School

Case Western Reserve Journal of International Law

No abstract provided.

Essentially Expendable: The Failure Of Preemptive Agency Space To Protect Farmworkers From Dangerous Pesticides, Laurie Jamile Beyranevand

Case Western Reserve Law Review

No abstract provided.

Our Troubling Failures In Solving Crimes: Rethinking Legal Limits On Crime Investigation, Paul H. Robinson, Jeffrey Seaman, Muhammad Sarahne

Case Western Reserve Law Review

No abstract provided.

The Future Of The Christchurch Call To Action: How To Build Multistakeholder Initiatives To Address Content Moderation Challenges, Rachel Wolbers

Journal of Law, Technology, & the Internet

This article explores the challenges the New Zealand Government faced after the events in Christchurch on 15 March 2019, where a violent gunman killed 51 people and live-streamed his attack on social media. The video was viewed millions of times in the days following, even as the tech companies took extraordinary efforts to reduce its virality. To find a long-term solution that ended the proliferation of this violent content while protecting human rights, the New Zealand Government decided to take a non-regulatory approach that worked alongside tech companies and civil society. The result was the creation of the Christchurch Call …

Big Tech Becomes Psychic: The End Of Personal Autonomy, Zachary Williams

Journal of Law, Technology, & the Internet

Individual choice is being threatened. Private companies already held the ability to nudge consumer choices with targeted advertising. Now, with the rise in data collection and the innovation of technology and machine learning, companies are beginning to garner the ability to entirely manipulate them. Major companies can create a psychographic profile of any user using copious amounts of data collected and stored in what is essentially a library of information on each user. With access to personal or sensitive data from multiple digital markets, the profile could not only correctly identify not only a user’s likes and dislikes, but even …

Tiktok, Copyright, And Justice, Brittany Morris

Journal of Law, Technology, & the Internet

In 2019, the Copyright Office refused registration for two "dances" that were highly recognizable and traceable to specific individuals. The "Carlton" was refused because it is a "simple routine that is not registrable as a choreographic work." The "Milly Rock" was also refused registration on the same grounds. Epic Games was selling the dances as an add-on to its wildly popular video game, Fortnite, which primarily derives profits from microtransactions. The app TikTok is experiencing an analogous problem. In July 2021, Black Creators were on strike from the app.1 They alleged that the original dances they created for the app …

Remote Workers, Ever-Present Risk: Employer Liability For Data Breaches In The Era Of Hybrid Workplaces, David Golubock

Journal of Law, Technology, & the Internet

The years since the onset of the COVID-19 pandemic have seen explosive growth in the number of remote workers, and companies have struggled to cope with a perceived loss of productivity and establish reliable methods of remote access to cope with this influx. At the same time, the last few years have seen a continued rise in the threat of data breaches, as sophisticated groups of malicious actors have targeted businesses and governments, locking systems with ransomware and exposing sensitive company data and employees' personal information. This article aims to examine the intersection between these two trends, examining how an …

Artificial Intelligence In The Courtroom: Forensic Machines, Expert Witnesses, And The Confrontation Clause, Ian Maddox

Journal of Law, Technology, & the Internet

From traditional methods like ballistics and fingerprinting, to the probabilistic genotyping models of the twenty-first century, the forensic laboratory has evolved into a cutting-edge area of scientific exploration. This rapid growth in forensic technologies will not stop here. Considering recent developments in artificial intelligence (“AI”), future forensic tools will likely become increasingly sophisticated. To be sure, AI-enabled forensic tools are far from theoretical; AI applications in the forensic sciences have already emerged in practice. Machine learning-enabled acoustic gunshot detectors, facial recognition software, and a variety of pattern recognition learning models are already disrupting law enforcement operations across the country. Soon, …

Tools Do Not Create: Human Authorship In The Use Of Generative Artificial Intelligence, Michael D. Murray

Journal of Law, Technology, & the Internet

Artistic tools, from brushes to complex algorithms, don’t create art; human artists do. The advent of generative AI tools like Midjourney, DALL-E, and Stable Diffusion has blurred this understanding, causing observers to believe these tools are the authors of the artworks they produce, even so far as to imagine that the artworks are “created” by the AI in the copyright sense of the word. Not so.

The U.S. Copyright Office recently issued guidance on the copyrightability of works produced using generative AI tools. The Office has accepted the narrative that AI tools perform the steps of authorship, conceiving of the …

Will Climate Change Be The Next Grotian Moment?, Michael P. Scharf

Case Western Reserve Journal of International Law

Under the classic paradigm of international environmental law articulated in the 1941 Trail Smelter arbitration decision, States are responsible for downstream or downwind harm that crosses from their territory into another State. But climate change threatens not just neighboring States but the entire global commons. This Article explores whether the conditions are ripe for a “Grotian Moment”—a paradigm shifting development leading to accelerated formation of customary international law related to the human right to a healthy environment.

Keynote Speech By John Knox, Former U.N. Special Rapporteur For Human Rights And The Environment, John Knox

Case Western Reserve Journal of International Law

No abstract provided.