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Case Western Reserve University School of Law

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2000

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Articles 1 - 30 of 36

Full-Text Articles in Law

Appeal No. 0676: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2000

Appeal No. 0676: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-129. 99-130, 2000-16 & 2000-17


Appeal No. 0677: B.T. Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2000

Appeal No. 0677: B.T. Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-142


Appeal No. 0675: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2000

Appeal No. 0675: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-129. 99-130, 2000-16 & 2000-17


Appeal No. 0678: Perto Drilling Corp., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2000

Appeal No. 0678: Perto Drilling Corp., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-156


Appeal No. 0686: B.T. Energy Corp. Division Of Oil & Gas, Ohio Oil & Gas Commission May 2000

Appeal No. 0686: B.T. Energy Corp. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2000-43


Appeal No. 0654: Paul A. Grim V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2000

Appeal No. 0654: Paul A. Grim V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 98-48


Appeal No. 0681: Joseph T. Flaherty, Dba Pioneer Production V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2000

Appeal No. 0681: Joseph T. Flaherty, Dba Pioneer Production V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-82


Appeal No. 0682: Eastland Energy Group V. Division Of Oil & Gas, Ohio Oil & Gas Commission May 2000

Appeal No. 0682: Eastland Energy Group V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2000-14


Appeal No. 0683: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2000

Appeal No. 0683: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-129. 99-130, 2000-16 & 2000-17


Appeal No. 0684: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2000

Appeal No. 0684: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-129. 99-130, 2000-16 & 2000-17


Does A Defendant Have Unlimited Entitlement To Be Represented By The Attorney Of His/Her Choice, When The Attorney Is Appointed By The Trial Chamber?, Tami L. Roberts Jan 2000

Does A Defendant Have Unlimited Entitlement To Be Represented By The Attorney Of His/Her Choice, When The Attorney Is Appointed By The Trial Chamber?, Tami L. Roberts

War Crimes Memoranda

No abstract provided.


Imputing The Intent Of A Superior To A Subordinate, April Yates Jan 2000

Imputing The Intent Of A Superior To A Subordinate, April Yates

War Crimes Memoranda

No abstract provided.


On What Grounds Does A Defendant Have The Right To Substitute Counsel?, Lesly J. Michelot Ii Jan 2000

On What Grounds Does A Defendant Have The Right To Substitute Counsel?, Lesly J. Michelot Ii

War Crimes Memoranda

No abstract provided.


Superior Responsibility, Loik S. Henderson Jan 2000

Superior Responsibility, Loik S. Henderson

War Crimes Memoranda

No abstract provided.


Standard Of Competence For Attorneys Who Represent Defendants Before The International Criminal Tribunal For Rwanda, Melanie Popper Jan 2000

Standard Of Competence For Attorneys Who Represent Defendants Before The International Criminal Tribunal For Rwanda, Melanie Popper

War Crimes Memoranda

No abstract provided.


Can A Defendant Be Charged With Offenses Under Two Or More Articles Of The Ictr Statute Based On The Same Act(S)? If So, Can S/He Be Convicted Of Two Or More Crimes Based On The Same Act(S)?, Michael Ashkouri Jan 2000

Can A Defendant Be Charged With Offenses Under Two Or More Articles Of The Ictr Statute Based On The Same Act(S)? If So, Can S/He Be Convicted Of Two Or More Crimes Based On The Same Act(S)?, Michael Ashkouri

War Crimes Memoranda

No abstract provided.


The Concept Of Freedom Of Expression In Prosecutions For Crimes Based On Expressive Acts, Anna M. Pohl Jan 2000

The Concept Of Freedom Of Expression In Prosecutions For Crimes Based On Expressive Acts, Anna M. Pohl

War Crimes Memoranda

No abstract provided.


Beneficial And Unusual Punishment: An Argument In Support Of Prisoner Participation In Clinical Trials, Sharona Hoffman Jan 2000

Beneficial And Unusual Punishment: An Argument In Support Of Prisoner Participation In Clinical Trials, Sharona Hoffman

Faculty Publications

Currently, approximately 1.8 million people are incarcerated in the United States at any given time. A disproportionately large percentage of the prisoner population has serious illnesses, such as AIDS and tuberculosis. Prisoners most often, however, are barred from participation in clinical trials, even when conventional therapy has failed, and experimental treatment might provide them with their only hope of survival.

Much of the reluctance to include prisoners in biomedical research is based on history. In the past, prisoners have been severely abused and even tortured in medical studies conducted in the Nazi death camps, Japanese prisoner camps, and correctional facilities …


The Ex Post Facto Clause, Paul C. Giannelli Jan 2000

The Ex Post Facto Clause, Paul C. Giannelli

Faculty Publications

No abstract provided.


Y2k And The Income Tax, Erik M. Jensen Jan 2000

Y2k And The Income Tax, Erik M. Jensen

Faculty Publications

No abstract provided.


Expert Qualifications: Traps For The Unwary, Paul C. Giannelli Jan 2000

Expert Qualifications: Traps For The Unwary, Paul C. Giannelli

Faculty Publications

No abstract provided.


Ohio’S Dna Databank Statute, Paul C. Giannelli Jan 2000

Ohio’S Dna Databank Statute, Paul C. Giannelli

Faculty Publications

No abstract provided.


Reflections: Beyond Compliance Theory-Trips As A Substantive Issue, Peter M. Gerhart Jan 2000

Reflections: Beyond Compliance Theory-Trips As A Substantive Issue, Peter M. Gerhart

Faculty Publications

Introduction to symposium on TRIPS as a Substantive Issue, Cleveland, Ohio, 2000.


New Developments In Scientific Evidence, Paul C. Giannelli Jan 2000

New Developments In Scientific Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Tools For Enforcing International Criminal Justice In The New Millennium: Lessons From The Yugoslavia Tribunal, Michael P. Scharf Jan 2000

The Tools For Enforcing International Criminal Justice In The New Millennium: Lessons From The Yugoslavia Tribunal, Michael P. Scharf

Faculty Publications

It is one thing to create an international institution devoted to enforcing international justice; it is quite another to make international justice work. Unlike the Nuremberg Tribunal, whose orders were implemented by the Allied occupation forces, the ICC will have no constabulary. In the absence of a direct enforcement mechanism, the ICC will have to rely on state cooperation and indirect means of inducing compliance with its arrest orders and requests for judicial cooperation.

The range of enforcement measures potentially available to the ICC include: (1) condemnation of non-cooperation by the Assembly of State Parties or the U.N. Security Council; …


More Sorry Than Safe: Assessing The Precautionary Principle And The Proposed International Biosafety Protocol, Jonathan H. Adler Jan 2000

More Sorry Than Safe: Assessing The Precautionary Principle And The Proposed International Biosafety Protocol, Jonathan H. Adler

Faculty Publications

Part I of this paper provides a brief overview of the development of biotechnology, its regulation and its use, with a particular emphasis on agricultural biotechnology. Part II outlines the United Nations Convention on Biological Diversity, which provides an international legal framework for a biosafety protocol and summarizes the results of recent protocol negotiations, such as those conducted in Cartagena, Colombia in February 1999, which continued in Montreal in January 2000. Part III explains why the proposed protocol embodies a variant of the precautionary principle and why such policies may do more harm than good. This paper concludes with some …


United States Supreme Court: 2000 Term, Paul C. Giannelli Jan 2000

United States Supreme Court: 2000 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal Jan 2000

Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal

Faculty Publications

Once a prosecutor determines to employ an expert, a number of distinct decisions must be confronted-from choosing the expert, to complying with discovery obligations, to presenting the testimony at trial. Part I of this essay considers the selection of experts. Although improper selection of experts can be viewed as merely another aspect of presenting misleading testimony, we treat it separately in this essay because the literature typically ignores it. Part 1I examines the pretrial disclosure of scientific evidence. The issues that have arisen in this context include late disclosure, omitting information from laboratory reports, declining to have a report prepared, …


Antitrust Immunity, The First Amendment & Settlements: Defining The Boundaries Of The Right To Petition, Raymond Shih Ray Ku Jan 2000

Antitrust Immunity, The First Amendment & Settlements: Defining The Boundaries Of The Right To Petition, Raymond Shih Ray Ku

Faculty Publications

Specifically, this Article examines whether settlement agreements and consent decrees resulting from what would otherwise be immunized litigation are protected from antitrust scrutiny and liability under Noerr. In order to conduct this analysis, this Article develops a methodology for determining immunity by focusing the immunity examination upon the means used to petition government and the source of the alleged injuries. Ultimately, private conduct is immune from antitrust scrutiny when it represents a valid attempt to persuade an independent governmental decision-maker in an effort to solicit government action, and the alleged injuries result from that persuasive effort. The validity of any …


News Flash: The Income Tax Remains Constitutional, Erik M. Jensen Jan 2000

News Flash: The Income Tax Remains Constitutional, Erik M. Jensen

Faculty Publications

No abstract provided.