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Articles 1081 - 1110 of 8078
Full-Text Articles in Entire DC Network
An Argument Against Unbounded Arrest Power: The Expressive Fourth Amendment And Protesting While Black, Karen Pita Loor
An Argument Against Unbounded Arrest Power: The Expressive Fourth Amendment And Protesting While Black, Karen Pita Loor
Faculty Scholarship
Protesting is supposed to be revered in our democracy, considered “as American as apple pie” in our nation’s mythology. But the actual experiences of the 2020 racial justice protesters showed that this supposed reverence for political dissent and protest is more akin to American folklore than reality on the streets. The images from those streets depicted police officers clad in riot gear and armed with shields, batons, and “less than” lethal weapons aggressively arresting protesters, often en masse. In the first week of the George Floyd protests, police arrested roughly 10,000 people, and approximately 78 percent of those arrests were …
The Potentials And Challenges Of Zoom Live Theatre During Coronavirus Lockdown: Pandemic Therapy And Corona Chicken (Part Two), Khaled Mostafa Karam
The Potentials And Challenges Of Zoom Live Theatre During Coronavirus Lockdown: Pandemic Therapy And Corona Chicken (Part Two), Khaled Mostafa Karam
Faculty Scholarship
This study discusses the potentials and challenges of Zoom theatre performances during the lockdown caused by the Covid-19 pandemic. It examines the utilization and applicability of videoconferencing software Zoom, and other streaming software compatible with it, in creating a viable performance option for theatre practitioners and audiences during mandatory social distancing. Such software can be a strategy for social inclusion, alleviating the adverse effects of extended quarantine. The article also discusses the technical and performative aspects of Zoom theatre, pointing out its pros and cons. It uses a critical and analytical approach to performances of two Zoom plays, Pandemic Therapy …
The Public/Private Distinction In Public Health: The Case Of Covid-19, Jason Jackson, Aziza Ahmed
The Public/Private Distinction In Public Health: The Case Of Covid-19, Jason Jackson, Aziza Ahmed
Faculty Scholarship
In this Essay, we argue that the paradigm of the public/private distinction is implicitly operating as a primary frame in the public health response to the pandemic. The public/private distinction is particularly evident in the guidance around masking and other risk-mitigation policies and advice issued by public health agencies. This public health approach reifies the notion of the home as an exceptional private space that exists outside of the possibility of COVID-19 transmission, obscuring the reality of the high risk of transmission in some households. 8 We argue that the manifestation of the public/private distinction in the COVID-19 response is …
Consumer Law As An Axis Of Economic Inequality, Daniel Markovits, Barak D. Richman, Rory Van Loo
Consumer Law As An Axis Of Economic Inequality, Daniel Markovits, Barak D. Richman, Rory Van Loo
Faculty Scholarship
In the standard paradigm of consumer law, a voluntary transaction is supposed to be welfare enhancing for each of the parties involved. We challenge this foundational presumption and ask to what extent many common consumer contracts are in fact extractive despite resulting from voluntary exchanges. With inequality growing throughout the world, to a degree that threatens the stability of both the economies and governments of even the wealthiest nations, we ask this fundamental question in an effort to identify root causes of inequality and to mark some guideposts for the articles that follow. Taken together, our speculations suggest that the …
The Nested Embryonic Dorsal Domains Of Bmp-Target Genes Are Not Scaled To Size During The Evolution Of Drosophila Species, Juan Sebastian Chahda, Priscilla Ambrosi, Claudia M. Mizutani
The Nested Embryonic Dorsal Domains Of Bmp-Target Genes Are Not Scaled To Size During The Evolution Of Drosophila Species, Juan Sebastian Chahda, Priscilla Ambrosi, Claudia M. Mizutani
Faculty Scholarship
Egg size is a fast-evolving trait among Drosophilids expected to change the spatial distribution of morphogens that pattern the embryonic axes. Here we asked whether the patterning of the dorsal region of the embryo by the Decapentaplegic/Bone Morphogenetic Protein-4 (DPP/BMP-4) gradient is scaled among Drosophila species with different egg sizes. This region specifies the extra-embryonic tissue amnioserosa and the ectoderm. We find that the entire dorsal region scales with embryo size, but the gene expression patterns regulated by DPP are not proportional, suggesting that the DPP gradient is differentially scaled during evolution. To further test whether the DPP gradient can …
Training The Next Generation Of Translational Scientists: The Case Western Reserve University Translational Fellows Program, Cheryl L. Thompson, Tessianna A. Misko, Mark R. Chance
Training The Next Generation Of Translational Scientists: The Case Western Reserve University Translational Fellows Program, Cheryl L. Thompson, Tessianna A. Misko, Mark R. Chance
Faculty Scholarship
Background: An important part of biomedical research is the translation of discoveries into clinical or community applications that impact patient health. For a vast majority of clinical applications and sustainable community interventions, a time-tested way to get innovations to patients is through licensing of the technology and commercial development, often through startups. While biomedical scientists and trainees are schooled in discovery research, the processes of commercialization are foreign or intimidating. Further, many trainees will not aspire to a faculty position, and other avenues of advancement are desirable. Methods: At Case Western Reserve University, we developed and launched a Translational Fellows …
The Effect Of Objectively Collected Medication Adherence Information On Bipolar I And Major Depressive Disorder Treatment Decisions: A Randomized Case Vignette Study Of Psychiatric Clinicians, Martha Sajatovic
Faculty Scholarship
Background: Adherence to antipsychotic medications is critical for treatment and relapse prevention in serious mental illness. Accurate assessment of medication adherence can be difficult, clinicians frequently overestimate patient adherence, and new accurate methods assessing medication adherence are needed. This study estimated the influence of antipsychotic medication adherence information on clinician treatment decisions among patients with bipolar I (BD) and major depressive (MDD) disorders. Methods: This study was a cross-sectional, random assignment survey of psychiatric clinicians who prescribe medication for the treatment of BD and/or MDD. Clinicians (N = 180) were recruited using national association lists and were presented with either …
Stated Culpability Requirements, Scott England
Stated Culpability Requirements, Scott England
Faculty Scholarship
This Article comprehensively reviews the law of stated culpability requirements in Model Penal Code (MPC) jurisdictions. Part I provides an overview of section 2.02(4), explaining how the provision works and its role in the MPC’s culpability scheme. Part II then identifies section 2.02(4)’s main weaknesses, drawing on both the provision itself and the Code’s commentary. Next, Part III reviews the law in the twenty-five states with culpability provisions influenced by the MPC, identifying specific problems that section 2.02(4) has created in the case law. Finally, Part IV recommends new stated-culpability rules that improve section 2.02(4) and more rigorously enforce the …
Creating Lightbulb Moments: Developing Higher-Order Thinking In Family Law Classrooms Through Court Observations, Sonia Gipson Rankin
Creating Lightbulb Moments: Developing Higher-Order Thinking In Family Law Classrooms Through Court Observations, Sonia Gipson Rankin
Faculty Scholarship
This article fills a critical gap in the family law literature by arguing that teaching doctrinal family law in conjunction with the application of established learning theory and pedagogy yields a deeper engagement with the subject matter and leads to more practice-ready lawyers. ABA Standards 301, 303, and 304 do not clearly articulate the distinction between experiential education and experiential learning; doctrinal law classrooms are often bereft of experiential learning activities. By incorporating active learning and inclusive pedagogy in the doctrinal classroom and following recommendations from the MacCrate Report and Family Law Education Reform Project, students will be better prepared …
Against Political Speech, John M. Kang
Against Political Speech, John M. Kang
Faculty Scholarship
The Supreme Court has dedicated itself to the proposition that political speech, more than any other category of speech, is deserving of the highest protection. A succession of cases amply supports this proposition. In Virginia v. Black, the Court announced that "lawful political speech [is] at the core of what the First Amendment is designed to protect." The Court similarly declared in Monitor Patriot Co. v. Roy that the First Amendment "has its fullest and most urgent application" to political speech. In McIntyre v. Ohio Elections Commission, the Court held that "handing out leaflets in the advocacy of …
Moving Law Schools Forward By Design: Designing Law School Curricula To Transfer Learning From Classroom Theory To Clinical Practice And Beyond, April Land, Aliza Organick
Moving Law Schools Forward By Design: Designing Law School Curricula To Transfer Learning From Classroom Theory To Clinical Practice And Beyond, April Land, Aliza Organick
Faculty Scholarship
Calls for reform of legal education are long-standing and have been renewed with vigor and an increasing demand for “practice-ready” lawyers. As part of these reforms, changes to the American Bar Association Standards have been made that now require law schools to provide experiential learning opportunities, to define specific objectives, and to show that students are making progress toward those objectives. A rapidly developing area of study regarding professional identity formation stresses the importance of supporting and guiding students through experiential learning throughout the course of law school. Additionally, as part of its accreditation process, the ABA will now evaluate …
The Color Of Justice, Alexis Hoag
The Fiction Of Nfts And Copyright Infringement, Emily T. Behzadi
The Fiction Of Nfts And Copyright Infringement, Emily T. Behzadi
Faculty Scholarship
In the first quarter of 2021, the sales of art in the form of Non-Fungible Tokens (“NFTs”) reached over $200 billion dollars. The arrival of NFTs in the mainstream art market has profoundly shaped the way artists exploit their works. This sensational boom has attracted some of the world's biggest names across pop culture and sports, including celebrities such as Snoop Dogg, Paris Hilton, Post Malone, Tom Brady and Rob Gronkowski, to create their own NFT art. Director Quentin Tarantino has also capitalized on this craze through the creation of an NFT collection based on the film Pulp Fiction. However, …
Embracing Crimmigration To Curtail Immigration Detention, Pedro Gerson
Embracing Crimmigration To Curtail Immigration Detention, Pedro Gerson
Faculty Scholarship
Immigration advocates have long objected to both the constitutionality and conditions of immigration detention. However, legal challenges to the practice have been largely unsuccessful due to immigration law’s “exceptionality.” Placing recent litigation carried out against immigration detention during the COVID-19 pandemic within the context of the judiciary’s approach to immigration, this Article argues that litigation is an extremely limited strategic avenue to curtail the use of immigration detention. I then argue that anti-immigration detention advocates should attempt to incorporate their agenda into criminal legal reform and decarceration efforts. This is important for both movements. Normatively, immigration detention raises comparable issues: …
Legal And Other Institutional Aspects Of Groundwater Governance, Jenny Grönwall, Marianne Kjellén, Alice Aureli, Stefano Burchi, Mohamed Bazza, Raya Marina Stephan, Gabriel Eckstein, Lesha Witmer, Margreet Zwarteveen, Aurélien Dumont, Danielle Gaillar-Picher, Rio Hada, Rebecca Welling, Maki Tsujimura
Legal And Other Institutional Aspects Of Groundwater Governance, Jenny Grönwall, Marianne Kjellén, Alice Aureli, Stefano Burchi, Mohamed Bazza, Raya Marina Stephan, Gabriel Eckstein, Lesha Witmer, Margreet Zwarteveen, Aurélien Dumont, Danielle Gaillar-Picher, Rio Hada, Rebecca Welling, Maki Tsujimura
Faculty Scholarship
This chapter defines the linked concepts of groundwater governance and groundwater management, explaining how they differ from each other. Then, it describes the prevailing legal instruments for, and the institutional aspects of, groundwater management and governance.
Steering Loan Modifications Post-Pandemic, Pamela Foohey, Dalié Jiménez, Christopher K. Odinet
Steering Loan Modifications Post-Pandemic, Pamela Foohey, Dalié Jiménez, Christopher K. Odinet
Faculty Scholarship
As part of federal and state relief programs created during the COVID-19 pandemic, many American households received pauses on their largest debts, particularly on mortgages and student loans. Others may have come to agreements with their lenders, likewise pausing or altering payment on other debts, such as auto loans and credit cards. This relief allowed households to allocate their savings and income to necessary expenses, like groceries, utilities, and medicine. But forbearance does not equal forgiveness. At the end of the various relief periods and moratoria, people will have to resume paying all their debts, the amounts of which may …
The Original Meaning Of “Due Process Of Law” In The Fifth Amendment, Max Crema, Lawrence B. Solum
The Original Meaning Of “Due Process Of Law” In The Fifth Amendment, Max Crema, Lawrence B. Solum
Faculty Scholarship
The modern understanding of the Fifth Amendment Due Process of Law Clause is dramatically different from the original meaning of the constitutional text. The Supreme Court has embraced both substantive due process—a jurisprudence of unenumerated rights—and procedural due process—a grab bag of doctrines that touch upon almost every aspect of administrative and judicial procedures. We demonstrate that the original meaning of the Clause is much narrower. In 1791, “due process of law” had a narrow and technical meaning: the original sense of the word “process” was close to the modern sense that the word has when used in the phrase …
From Pandemic To Pedagogy: Teaching The Technology Of Lawyering In Law Clinics, Sarah R. Boonin, Luz E. Herrera
From Pandemic To Pedagogy: Teaching The Technology Of Lawyering In Law Clinics, Sarah R. Boonin, Luz E. Herrera
Faculty Scholarship
The COVID-19 pandemic has transformed the nation’s approach to work and learning. Law schools, law firms, courts, and administrative agencies abruptly closed their offices and quickly reimagined how to perform their daily functions remotely. Many of these institutions have plans to maintain aspects of remote operations and services post-pandemic. With this in mind, the authors of this Article conducted a survey of law school clinical faculty during the winter of 2021 to better understand how clinicians pivoted their instruction and practice using technology during the pandemic. The authors use the survey results to show how the COVID-19 experience positions clinical …
Sheriffs, State Troopers, And The Spillover Effects Of Immigration Policing, Huyen Pham, Pham Hoang Van
Sheriffs, State Troopers, And The Spillover Effects Of Immigration Policing, Huyen Pham, Pham Hoang Van
Faculty Scholarship
As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program has broader negative effects on policing behavior than previously identified. To date, debate about the 287(g) program has focused exclusively on the policing behavior of law enforcement agencies like sheriff’s offices that sign the agreements, and on concerns that these signatory local enforcement agencies (“LEAs”) engage in racial profiling. Our research shows that the agreements also negatively affect the behavior of nearby, nonsignatory law enforcement agencies. Using 18 million traffic …
Infusing Leadership Competencies Into 1l Professional Identity Formation, Aric Short
Infusing Leadership Competencies Into 1l Professional Identity Formation, Aric Short
Faculty Scholarship
Law schools across the country are beginning to address the growing need to incorporate leadership training into their curricula; however, very few explicitly cover leadership in the 1L year. This article argues for the value of providing leadership training to 1Ls as part of a required course on professional identity formation. Because foundational leadership concepts overlap in meaningful ways with core lawyering competencies, such integration is both practical and efficient. Beginning leadership in the 1L year allows law schools to build on that foundational material in later clinics, externships, upper-level classes, and other experiences, creating deeper leadership skills in their …
Teaching And Assessing Active Listening As A Foundational Skill For Lawyers As Leaders, Counselors, Negotiators, And Advocates, Lindsey P. Gustafson, Aric Short, Neil W. Hamilton
Teaching And Assessing Active Listening As A Foundational Skill For Lawyers As Leaders, Counselors, Negotiators, And Advocates, Lindsey P. Gustafson, Aric Short, Neil W. Hamilton
Faculty Scholarship
Our students will be more effective leaders, counselors, negotiators, and advocates as they deepen their ability to actively listen. As a professional and interpersonal skill linked closely with a lawyer’s success, our students’ ability to listen should demand our attention as legal educators. This attention is worth the effort because studies indicate active listening is not a static ability: we can teach students to be better listeners. But “active listening” is missing from most law schools’ learning outcomes or curricula, or it is only included as an undefined element of effective communication. Consequently, it is a critical lawyering skill that …
The Long And Winding Road To Effective Copyright Protection In China, Peter K. Yu
The Long And Winding Road To Effective Copyright Protection In China, Peter K. Yu
Faculty Scholarship
In November 2020, China adopted the Third Amendment to the Copyright Law, providing a major overhaul of its copyright regime. This Amendment entered into effect on June 1, 2021. The last time the regime was completely revamped was in October 2001, when the Copyright Law was amended two months before China joined the World Trade Organization. While U.S. policymakers and industry groups have had mixed reactions to the recent Amendment, the new law presents an opportunity to take stock of the progress China has made in the copyright reform process. This Article begins by mapping the long and winding road …
The U.S.-China Forced Technology Transfer Dispute, Peter K. Yu
The U.S.-China Forced Technology Transfer Dispute, Peter K. Yu
Faculty Scholarship
The past few years have seen not only a trade war between China and the United States involving tariffs on close to $750 billion worth of goods, but also multiple complaints filed by both countries before the WTO Dispute Settlement Body. A key driver behind these ongoing tensions and conflicts concerns the challenges confronting U.S. technology companies—both online and offline. Although the inadequate protection and enforcement of intellectual property rights in China has been the subject of a perennial debate since the mid-1980s, the recent concerns have raised new issues that have been lumped together under the umbrella of "forced …
Transplanting Anti-Suit Injunctions, Peter K. Yu, Jorge L. Contreras, Yu Yang
Transplanting Anti-Suit Injunctions, Peter K. Yu, Jorge L. Contreras, Yu Yang
Faculty Scholarship
When adjudicating high-value cases involving the licensing of patents covering industry standards such as Wi-Fi and 5G (standards-essential patents or SEPs), courts around the world have increasingly issued injunctions preventing one party from pursuing parallel litigation in another jurisdiction (anti-suit injunctions or ASIs). In response, courts in other jurisdictions have begun to issue anti-anti-suit injunctions, or even anti-anti-anti suit injunctions, to prevent parties from hindering the proceedings in those courts. Most of these activities have been limited to the United States and Europe, but in 2020 China emerged as a powerful new source of ASIs in global SEP litigation. The …
Timeout For Sports Trademark Overprotection: Comparing The United States, European Union, And United Kingdom, Jodi S. Balsam
Timeout For Sports Trademark Overprotection: Comparing The United States, European Union, And United Kingdom, Jodi S. Balsam
Faculty Scholarship
No abstract provided.
The Eschatological Hope Scale: Construct Development And Measurement Of Theistic Eschatological Hope, Charlotte Witvliet, M. Elizabeth Lewis Hall, Julie J. Exline, David C. Wang, Lindsey M. Root Luna, Daryl R. Van Tongeren, David G. Meyers, Alexis D. Abernethy, John D. Witvliet
The Eschatological Hope Scale: Construct Development And Measurement Of Theistic Eschatological Hope, Charlotte Witvliet, M. Elizabeth Lewis Hall, Julie J. Exline, David C. Wang, Lindsey M. Root Luna, Daryl R. Van Tongeren, David G. Meyers, Alexis D. Abernethy, John D. Witvliet
Faculty Scholarship
This study aimed to expand psychological research on hope by contributing a construct and scale to measure central dimensions of theistic eschatological hope derived from Christian scriptures. Eschatological hope was conceptualized as the anticipation that God will make all things new, raising people to everlasting life with God in joyful celebration, including people from every culture and nation, ending all personal pain and suffering, eliminating all societal evil and harm, and bringing reconciliation and healing to all of creation. We developed the Eschatological Hope Scale with three studies (N = 1,466). Exploratory and confirmatory factor analyses supported the single-factor structure …
The Electoral Count Mess: The Electoral Count Act Of 1887 Is Unconstitutional, And Other Fun Facts (Plus A Few Random Academic Speculations) About Counting Electoral Votes, Jack M. Beermann, Gary S. Lawson
The Electoral Count Mess: The Electoral Count Act Of 1887 Is Unconstitutional, And Other Fun Facts (Plus A Few Random Academic Speculations) About Counting Electoral Votes, Jack M. Beermann, Gary S. Lawson
Faculty Scholarship
In this essay, and in light of the controversy that arose in the wake of the 2020 presidential election, we explain the constitutional process for counting electoral votes. In short, every four years, the Twelfth Amendment requires the President of the Senate (usually the Vice President of the United States) to open certificates provided by state presidential electors and count the votes contained therein. The Constitution allows no role for Congress in this process, and thus the provisions of the Electoral Count Act purporting to grant Congress the power, by concurrent resolution, to reject a state's electoral votes are unconstitutional. …
Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan Feingold
Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan Feingold
Faculty Scholarship
Since the fall of 2020, right-wing forces have targeted Critical Race Theory ("CR T') through a sustained disinformation campaign. This offensive has deployed anti-CRT rhetoric to justify a host of "Backlash Bills" designed to chill conversations about race and racism in the classroom. Concerned stakeholders have assailed these laws as morally bankrupt and legally suspect. These responses are natural and appropriate. But challenging a bill's moral or legal mooring is insufficient to counter a primary purpose of this legislative onslaught: to further erode, within our public discourse and collective consciousness, the ability to distinguish between racism and antiracism. To meet …
Creating Tomorrow’S Change-Makers: Using Alternative Media In The 1l Skills Classroom To Connect Students With Real Practice And Enhance Established Methods For Teaching Appellate Advocacy, Marni Goldstein Caputo, Kathleen Luz
Creating Tomorrow’S Change-Makers: Using Alternative Media In The 1l Skills Classroom To Connect Students With Real Practice And Enhance Established Methods For Teaching Appellate Advocacy, Marni Goldstein Caputo, Kathleen Luz
Faculty Scholarship
Fostering that idea of lawyers as change-makers can be difficult in the typical 1L curriculum. The traditional, doctrinal law school classroom typically has a formula comprised of extensive textbook reading, the Socratic classroom, in which that reading is processed in a large group, and, finally, a cumulative, high-stakes exam at the end of the semester.6 That formula has largely not changed for decades.7 The lawyering skills classroom is often the only outlier from that formula for first-year law students.8 Even so, the skills classroom can be formulaic in its own right—introduction of an assignment, classroom instruction regarding …
Bargaining For Abolition, Zohra Ahmed
Bargaining For Abolition, Zohra Ahmed
Faculty Scholarship
What if instead of seeing criminal court as an institution driven by the operation of rules, we saw it as a workplace where people labor to criminalize those with the misfortune to be prosecuted? Early observers of twentieth century urban criminal courts likened them to factories.1 Since then, commentators often deploy the pejorative epithet “assembly line justice” to describe criminal court’s processes.2 The term conveys the criticism of a mechanical system delivering a form of justice that is impersonal and fallible. Perhaps unintentionally, the epithet reveals another truth: criminal court is also a workplace, and it takes labor …