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Case Western Reserve University School of Law

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Articles 1 - 30 of 9957

Full-Text Articles in Law

Ftc Non-Compete Ban, Olivia Kuenzi Aug 2023

Ftc Non-Compete Ban, Olivia Kuenzi

The Reporter: Social Justice Law Center Magazine

No abstract provided.


The ‘100-Mile Border Zone’ And The Surveillance Of Frontline Immigrant Advocates, Brandon Burkey, Isabella Jackson Aug 2023

The ‘100-Mile Border Zone’ And The Surveillance Of Frontline Immigrant Advocates, Brandon Burkey, Isabella Jackson

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Commentary: Shoop V. Twyford, Bridget Coyne, Vegas Kastberg Aug 2023

Commentary: Shoop V. Twyford, Bridget Coyne, Vegas Kastberg

The Reporter: Social Justice Law Center Magazine

No abstract provided.


The Most Important Law You’Ve Never Heard Of: Section 1981 And Its Potential Social Justice Issues, Isaac Hampton Verhelst Aug 2023

The Most Important Law You’Ve Never Heard Of: Section 1981 And Its Potential Social Justice Issues, Isaac Hampton Verhelst

The Reporter: Social Justice Law Center Magazine

No abstract provided.


The Aftermath: How Cities Do And Don’T Enforce Accountability Following Police Killings, Olivia Cobb, Hannah Scifres Aug 2023

The Aftermath: How Cities Do And Don’T Enforce Accountability Following Police Killings, Olivia Cobb, Hannah Scifres

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Diverse Representation In Clinical Research Matters, Nneka Onyekwuluje Aug 2023

Diverse Representation In Clinical Research Matters, Nneka Onyekwuluje

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Student Loans And The Supreme Court: Borrowers’ Futures At Risk, Jordan Weeks, Elizabeth Martinez Aug 2023

Student Loans And The Supreme Court: Borrowers’ Futures At Risk, Jordan Weeks, Elizabeth Martinez

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Chilling Speech In The Name Of 'Woke': A Critique Of The Stop W.O.K.E. Act, Mia Guy, Kelsey Moore Aug 2023

Chilling Speech In The Name Of 'Woke': A Critique Of The Stop W.O.K.E. Act, Mia Guy, Kelsey Moore

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Deliberate Indifference: An Impossible Standard, Caroline Kish Aug 2023

Deliberate Indifference: An Impossible Standard, Caroline Kish

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Circumvention Of Lawful Pathways, Luke Antonczak Aug 2023

Circumvention Of Lawful Pathways, Luke Antonczak

The Reporter: Social Justice Law Center Magazine

No abstract provided.


The Expungement Dilemma: Amended Ohio Rev. Cod Ann. § 2953.521(A) (West 2023), Eleanor Salsbury Aug 2023

The Expungement Dilemma: Amended Ohio Rev. Cod Ann. § 2953.521(A) (West 2023), Eleanor Salsbury

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Appeal No. 1016: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1016: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1018: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1018: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1017: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1017: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1019: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1019: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1015: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1015: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1020: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1020: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Masthead, Case Western Reserve University School Of Law May 2023

Masthead, Case Western Reserve University School Of Law

Health Matrix: The Journal of Law-Medicine

No abstract provided.


State Constitutional Law: The Future Of Abortion Rights?, Gabriella Wittbrod May 2023

State Constitutional Law: The Future Of Abortion Rights?, Gabriella Wittbrod

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 33 (2023), Case Western Reserve University School Of Law May 2023

Volume 33 (2023), Case Western Reserve University School Of Law

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Birth Empowerment: Integrating Doula Services Into Our Healthcare System, Rebecca Singer-Miller May 2023

Birth Empowerment: Integrating Doula Services Into Our Healthcare System, Rebecca Singer-Miller

Health Matrix: The Journal of Law-Medicine

This law review article explores the role of doulas in improving maternal and infant outcomes and the challenges of integrating doula services into our healthcare system. Part I provides an overview of maternal and infant mortality rates in the United States, highlighting the disparities faced by women of color and low-income women. Part II discusses the benefits of doula services, including reduced rates of cesarean delivery, preterm birth, and other complications. Part III reviews current coverage of doula services in various states, both in the public and private sector. Part IV critiques the current regulatory scheme for doula services and …


Limits On Biomedical Research: Whether, Why, And How, Christine Grady May 2023

Limits On Biomedical Research: Whether, Why, And How, Christine Grady

Health Matrix: The Journal of Law-Medicine

This article examines the limitations of laws and regulations in regulating biomedical research. While laws and regulations can serve as guardrails to limit certain research studies, they are often blunt instruments that struggle to keep up with the rapid pace of scientific progress. Moreover, laws in one jurisdiction may not be binding on others, making it difficult to regulate the global scientific community. The article argues that regulatory parsimony should be exercised, imposing regulations only where they work and not where they are unhelpful. The article also explores the ethical considerations surrounding biomedical research and its impact on society, including …


A Thousand Views Of The Cathedral: The Law, Politics, And Statistics Of Pandemic Dashboards, Jeff Lingwall, Tj Bliss May 2023

A Thousand Views Of The Cathedral: The Law, Politics, And Statistics Of Pandemic Dashboards, Jeff Lingwall, Tj Bliss

Health Matrix: The Journal of Law-Medicine

This Article explores the law, politics, and statistics of communicating data through the thousands of state, county, school district, and higher-education dashboards created in response to the COVID-19 global pandemic. Using a nationally distributed questionnaire and series of interviews with dashboard managers and stakeholders, we offer a wide-ranging view of data visualization practice in response to COVID-19. We pair this evidence with a survey of almost 3,000 entities responsible for public health communication, which resulted in collection of over 1,100 COVID-19 dashboards from a spectrum of government actors and private parties. We evaluate how legal issues were perceived and acted …


Eula, Or Eulogy? Reckoning End User License Agreements And Near-Future Cyborgs, Owen Carpenter May 2023

Eula, Or Eulogy? Reckoning End User License Agreements And Near-Future Cyborgs, Owen Carpenter

Health Matrix: The Journal of Law-Medicine

Integrated biotechnology is a quickly-approaching future legal issue that will blur the line between technology and person. The technology will likely run through some kind of software, and users of the technology will likely need to agree to some type of licensing agreement to use the software. End User License Agreements (“EULAs”) as they exist today have terms and clauses that will be problematic when applied to an implanted artificial heart, a replacement for the human eye that enhances vision, or other types of integrated technology. Current FDA regulation and EULAs are insufficient to deal with the problems that technology …


Splitting Deceased Donor Livers To Double The Transplant Benefits: Addressing The Legal, Ethical, And Practical Challenges, Evelyn M. Tenenbaum, Jed Adam Gross May 2023

Splitting Deceased Donor Livers To Double The Transplant Benefits: Addressing The Legal, Ethical, And Practical Challenges, Evelyn M. Tenenbaum, Jed Adam Gross

Health Matrix: The Journal of Law-Medicine

Liver transplantation is different from transplanting other solid organs because some recipients can achieve good long-term outcomes with only half of a donor’s liver (or less). This means that some deceased donor livers can be split, saving two lives instead of one. However, although more than 10 percent of cadaveric livers meet the criteria for splitting, only about 1.5 percent are actually split in the United States. This article identifies a set of ethical, legal, and logistical challenges to a more extensive use of split liver transplantation (SLT) within existing legal frameworks. We then discuss how each of these challenges …


From Roe V. Wade To Dobbs V. Jackson – Between Women’S Rights Discourse And Obligations Discourse, Pnina Lifshitz-Aviram, Yehezkel Margalit May 2023

From Roe V. Wade To Dobbs V. Jackson – Between Women’S Rights Discourse And Obligations Discourse, Pnina Lifshitz-Aviram, Yehezkel Margalit

Health Matrix: The Journal of Law-Medicine

Recently, the U.S. Supreme Court published its decision in Dobbs v. Jackson Women’s Health Organization overturning the landmark abortion case, Roe v. Wade. In 1973, two groundbreaking abortion decisions were handed down by the same Court – Roe v. Wade and Doe v. Bolton – recognizing a woman’s fundamental constitutional right to obtain an abortion until fetal viability. The ensuring nationwide judiciary recognition of women’s basic rights was abruptly shaken by the Dobbs v. Jackson’s ruling that “the Constitution does not confer a right to abortion.” Dobbs’ reversal of these prior cases has created a legal, political, and public upheaval. …


Opioid Lawsuits: Is There Any End In Sight?, Richard C. Ausness May 2023

Opioid Lawsuits: Is There Any End In Sight?, Richard C. Ausness

Health Matrix: The Journal of Law-Medicine

The opioid epidemic has led to a surge in litigation against opioid manufacturers, distributors, and retail pharmacy chains. This article provides a comprehensive overview of the legal landscape surrounding opioid lawsuits. It discusses the chemical nature of opioids, marketing practices of Purdue Pharma and others, and the largely unsuccessful personal injury cases brought against Purdue by private individuals prior to 2014. The article also examines the public nuisance doctrine—the most popular liability theory invoked by government plaintiffs—and analyzes three of the most important litigation pathways: (1) suits by individual government entities, usually states; (2) multidistrict litigation (MDL); and (3) bankruptcy …


The Three C’S – The Colon, Colonoscopies, And Cancer: A Medical And Legal Overview, Samuel D. Hodge, Calina Noah May 2023

The Three C’S – The Colon, Colonoscopies, And Cancer: A Medical And Legal Overview, Samuel D. Hodge, Calina Noah

Health Matrix: The Journal of Law-Medicine

This article explores the legal implications of colorectal cancer diagnosis and treatment. The article provides an overview of the medical aspects of colorectal cancer, including its symptoms, stages, and available tests for detecting it. It then delves into the legal issues surrounding colonoscopies, including informed consent, medical malpractice claims, and insurance coverage. The article also examines the role of medical documentation in litigation related to colorectal cancer diagnosis and treatment. Finally, it discusses recent legal developments related to colorectal cancer screening guidelines and their impact on healthcare providers and patients. Overall, this law review article provides a comprehensive analysis of …


Evidence For Community Face Masking To Limit The Spread Of Sars-Cov-2: A Critical Review, Ian T. Liu, Vinay Prasad, Jonathan D. Darrow May 2023

Evidence For Community Face Masking To Limit The Spread Of Sars-Cov-2: A Critical Review, Ian T. Liu, Vinay Prasad, Jonathan D. Darrow

Health Matrix: The Journal of Law-Medicine

The use of facemasks in community settings has become an accepted public policy response to decrease disease transmission during the COVID-19 pandemic. Yet evidence of facemask efficacy is based primarily on observational studies that are subject to confounding and on mechanistic studies that rely on surrogate endpoints (such as droplet dispersion) as proxies for disease transmission. The available clinical evidence of facemask efficacy is of low quality and the best available clinical evidence has mostly failed to show efficacy, with fourteen of sixteen identified randomized controlled trials comparing face masks to no mask controls failing to find statistically significant benefit …


Disclosing Privacy And Discrimination Protections In Informed Consent, Anya E.R. Prince May 2023

Disclosing Privacy And Discrimination Protections In Informed Consent, Anya E.R. Prince

Health Matrix: The Journal of Law-Medicine

Recent empirical work shows that providing greater detail about limitations of genetic anti-discrimination protections in informed consent documents is likely to lower individuals’ willingness to participate in research studies. This article presents these empirical findings and analyzes the implications of the findings for clinical care and for privacy and discrimination risks beyond genetic discrimination. While the paper argues that further research is needed to fully understand the potential implications of disclosure of legal protections in the clinical setting, there are clear implications in the research setting. Since individuals are likely to alter their decision to participate in research based on …