Law Commons^™

Zero Tolerance And The Impossibilities Of Discipline--Findings From The Field, Anne Scheer Phd

Societies Without Borders

At School James, a high-poverty, high-minority inner-city elementary school in the Midwestern United States, a highly detailed system of rules and punishments is supposed to control students. The official rationale underlying this system of zero-tolerance discipline is to create environments conducive to learning. In practice, however, the meticulous system of rules, rewards, and punishments fails to achieve the desired levels of control and the realities at the school are dominated by disorder. My research sought to explain this failure and explore the consequences it has for this already marginalized student population. The present article outlines how the design of the …

Qualitative Methods In Human Rights Research, Brian K. Gran Phd

Societies Without Borders

No abstract provided.

Living On The Border: Three Generations' Biographies, Ana Kralj Phd, Tanja Rener Phd

Societies Without Borders

Borders of nation states are the embodiment of junction between system and lifeworld. They manifest the translation of social into physical spaces and vice versa. The authors reflect the meaning of distinctions and oppositions (us and them, here and there, safety and danger, included and excluded etc.) in construction, maintenance and disappearance of boundaries in space. In the case of borders of nation states the distinctions are identified within and grounded solely upon the political sphere, the same sphere that needs borders and distinctions in order to constitute itself. A qualitative study about the experience and meaning of Yugoslav-Slovenian-Italian border …

#Reclaimingmytime: Black Women And Femme Movement Actors’ Experiences With Intra-Movement Conflicts And The Case For A Transformative Healing Justice Model, Shaneda Destine Phd

Societies Without Borders

This research utilizes focus groups to evaluate the intra-movement conflicts and political praxis of Black women and femme movement actors in the United States as a case for implementing a Transformational Healing Justice Model (THJM). Black women and femmes are used in this study to explain the gender expressions, identities and sexual orientations presented in this study. This model expands the Consciousness Vision and Strategy Model (CVS) by incorporating the implications of the #Sayhername Policy Booklet, the Movement for Black Lives Platform (2016), and the United States Social Forum Healing Justice Report (2014) -- to outline how Black women and …

Thinking Globall, Acting Locally: Cedaw And Women's Human Rights In San Francisco, Susan Hagood Lee Phd

Societies Without Borders

While the United States has ratified many of the international human rights treaties, some have been left languishing in the Senate including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In response to Senate failure to ratify the women's treaty, the city of San Francisco passed its own CEDAW ordinance in 1998 to implement the principles of women's human rights in its jurisdiction. Several factors contributed to the successful passage of the CEDAW ordinance, including a sturdy base of feminist institutions developed over three decades of women's activism, determined leadership with the commitment, skills, and …

Revisiting The Role Of Education In Global Society: Relevance Of The Concept Of “Value Generalization” In An Educational Context, Matteo Tracchi Phd

Societies Without Borders

Interpreting global society through the morphogenetic approach, the article looks at education as one of the dimensions of social change brought about by the plural process of globalization. The role and vision of education will therefore be questioned to finally claim that education has to be revisited in culturally diverse and complex global societies. Necessary steps include moving from a market- to a human-centred approach to education and taking the paradigm of human rights as the universal point of departure. Indeed, framing the concept of “value generalization” (Joas 2013) within an educational context, the paper argues that human rights should …

Diminishing Global Power, Downgrading Human Rights: Making Sense Of American Foreign Policy Under Donald Trump, Timothy M. Gill Phd

Societies Without Borders

Scholars have remained puzzled about the direction that President Donald Trump might take the U.S. at the global level. Throughout his campaign, Trump often articulated contradictory ideas concerning his foreign policy approach. Trump evidenced warmth towards authoritarian leaders in Eastern Europe, but condemned them in Latin America. The purpose of this paper is to make sense of Trump’s foreign policy approach, and its novelties and continuities, by putting his administration into comparative-historical focus alongside Bush II and Obama. I analyze their foreign policy approach by using Michael Mann’s IEMP model of power to draw out their distinctive qualities. Similar to …

Stories Of Syrian Refugees From Za'atari-The Second Largest Refugee Camp In The World: A Review Of Salam Neighbor, Christine A. Wernet Phd

Societies Without Borders

Salam Neighbor is a moving documentary which explores the human rights issues plaguing Syrian refugees. Two young film makers, Zach Ingrasci and Chris Temple, immerse themselves in Za’atari, the second largest refugee camp in the world, located just across the Syrian border in Jordan and home to over 85,000 refugees. They provide the viewer with an inside understanding of how refugee camps work and they humanize Muslim refugees. They are warmly welcomed into the camp and they are befriended by refugees like Ismail, Raouf, and Ghoussoon. The despair and vulnerability of these individuals who have chosen peace over war is …

Case Global: Cwru Law Students Document War Crimes In Yemen Conflict, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 11, No. 1 (2019)

• Special Report: Students Document War Crimes in Yemen Conflict
• Trade Law Q&A with Professor Colares
• Special Report: Advocating for Refugees from Cleveland to Burma
• Frederick K. Cox International Law Center Names New Director
• Foreign Concurrent Degree Program Leads to Elite Law Firm Employment
• CWRU Teams Triumph at International Moot Court Competitions…
• International Law Curriculum: Sequence to Success
• Dean Scharf Featured on United Nations Audiovisual Library of International Law 
• CWRU’s Talking Foreign Policy Radio Program Examines the Crisis in Yemen
• CWRU Expands its Reach in Asia
• Fulbright Scholar Professor Cover Teaches International Law in Kenya
• Law …

Appeal No. 0965: Brookfield Citizens Against Injection Wells, Et Al. V. Division Of Oil & Gas Resources Management And Highland Field Services, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-286; Highland Brookfield Well #5 (Highland Field Services, LLC)

Appeal No. 0974: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2019-69 & 2019-77; Smith East Unit & Smith Unit (Chesapeake Exploration)

Appeal No. 0973: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2019-69 & 2019-77; Smith East Unit & Smith Unit (Chesapeake Exploration)

Appeal No. 0950: General Electric Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2017-347

Appeal No. 0962: Jeffrey D. Kuster, On Behalf Of David Kuster, Deceased V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-114

Appeal No. 0915: Dynamerican, Llc, Et. Al V. Division Of Oil & Gas Resources Management And American Energy - Utica, Llc Nka Ascent Resources - Utica, Llc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-47 (American Energy - Utica nka Ascent Resources - Utica; Henry LND GR Unit)

Appeal No. 0966: Hardesty Production V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-242

Hipaa's Privacy Rule And State Privacy Laws: Roadblocks To Medical Organizations' Self-Policing Expert Medical Testimony, Miles J. Zaremski, Douglas M. Belofsky

Alumni Publications

As part of the wave of medical malpractice reforms over the last several decades, efforts were initiated to ensure the reliability and credibility of expert witness opinion and testimony, which is the sine qua non of necessary proof for any such claim or lawsuit. Governing bodies of professional medical organizations and societies have crafted rules and regulations for their members that wish to provide expert medical witness testimony. Where such testimony does not conform to these organizations’ standards, sanctions can be levied, including membership expulsion. Such self-policing has found favor with courts.

Before sanctions are imposed, however, necessary administrative investigations …

Portable Medical Order Sets (Polst®): Ethical And Legal Landscape, Sharona Hoffman

Faculty Publications

Anyone who has observed the dying of a loved one or who has thought about medical care in the final months of life may be concerned about end-of-life care. How can individuals ensure that their care fits their needs and preferences if they cannot express these because of dementia, confusion, or other frailties? Some worry that they will receive care that is painful and aggressive in the last stages of disease even though they would prefer comfort care only. By contrast, others worry that physicians will withhold therapeutic care because they assume that such care is unwanted by patients who …

Fixing The Broken System Of Assessing Criminal Appeals For Frivolousness, Andrew S. Pollis

Faculty Publications

This article seeks to end fifty years of confusion over how to proceed when a criminal defendant wants to appeal but appointed counsel sees no basis for doing so.

Practices vary among jurisdictions, but most require counsel to explain the predicament to the court—often at a level of detail that compromises the duty of loyalty to the client. Most also require the court to double-check counsel’s conclusion by conducting its own independent review of the record, thus burdening judges and blurring the important line between judge and advocate. And at no point in this process does the defendant have a …

Clown Eggs, David Fagundes, Aaron K. Perzanowski

Faculty Publications

Since 1946, many clowns have recorded their makeup by having it painted on eggs that are kept in a central registry in Wookey Hole, England. This tradition, which continues today, has been referred to alternately as a form of informal copyright registration and a means of protecting clowns’ property in their personae. This Article explores the Clown Egg Register and its sur- rounding practices from the perspective of law and social norms. In so doing, it makes several contributions. First, it contributes another chapter to the growing literature on the norms-based governance of intellectual property, showing how clowns—like comedians, roller …

Passionate Advocate, Laura Mcnally-Levine

Faculty Publications

Tribute to Judy Lipton

The Tethered Economy, Aaron K. Perzanowski, Chris Jay Hoofnagle, Aniket Kesari

Faculty Publications

Imagine a future in which every purchase decision is as complex as choosing a mobile phone. What will ongoing service cost? Is it compatible with other devices you use? Can you move data and applications across de- vices? Can you switch providers? These are just some of the questions one must consider when a product is “tethered” or persistently linked to the seller. The Internet of Things, but more broadly, consumer products with embedded software, are already tethered. While tethered products bring the benefits of connection, they also carry its pathologies. As sellers blend hardware and software—as well as product …

(Un)Civil Denaturalization, Cassandra Burke Robertson, Irina D. Manta

Faculty Publications

Over the last fifty years, naturalized citizens in the United States were able to feel a sense of finality and security in their rights. Denaturalization, wielded frequently as a political tool in the McCarthy era, had become exceedingly rare. Indeed, denaturalization was best known as an adjunct to criminal proceedings brought against former Nazis and other war criminals who had entered the country under false pretenses.

Denaturalization is no longer so rare. Naturalized citizens’ sense of security has been fundamentally shaken by policy developments in the last five years. The number of denaturalization cases is growing, and if current trends …

Time Is Not On Our Side: Why Specious Claims Of Collective Bargaining Rights Should Not Be Allowed To Delay Police Reform Efforts, Ayesha Bell Hardaway

Faculty Publications

Many view the passage of the Violent Crime Control and Law Enforcement Act of 1994 as the best chance for police departments to make meaningful and lasting improvements. That legislation provides the federal government with the authority to investigate and sue local law enforcement agencies for engaging in a pattern or practice of policing that violates the rights of individuals. However, police unions have attempted to intervene in structural reform litigation designed to remedy unconstitutional policing practices. Those attempts have largely been based on employment rights conferred through collective bargaining laws and similar employment protections. The unions argue that the …

Healing The Healers: Legal Remedies For Physician Burnout, Sharona Hoffman

Faculty Publications

A career as a doctor was long considered to be among the best professional paths that one could pursue. But medicine may no longer be the sought-after career that it once was. All too often, doctors, struggling with the demands of electronic health record systems and a myriad of administrative and regulatory responsibilities, find that they fail to derive much joy from their work and become victims of burnout. Physician burnout is an acute concern in the medical community, with over half of doctors reporting that they suffer from it. Physician burnout is a public health threat. Doctors who are …

The Constitutional Challenge To The New Tariffs On Steel And Aluminum Imports, Jonathan L. Entin

Faculty Publications

No abstract provided.

More On Taxation Of Bobbleheads And Other Sports Promotional Items, Jonathan L. Entin

Faculty Publications

No abstract provided.

State Taxation Of Out-Of-State Trusts: Minimal Guidance About Minimum Contacts,, Jonathan L. Entin

Faculty Publications

No abstract provided.

Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson

Faculty Publications

Business and law are increasingly practiced on a transnational scale, and law firms are adopting new business structures in order to compete on this global playing field. Over the last decade, global law firms have merged into so-called “mega-brands” or “mega-firms”—that is, associations of national or regional law firms that join together under a single brand worldwide. For law firms, the most common mega-firm structure has been the Swiss verein, though the English “Company Limited by Guarantee” structure is growing in popularity as well, as is the similar “European Economic Interest Grouping.” All of these structures allow related entities to …

Delaware’S Retreat From Judicial Scrutiny Of Mergers, Charles R. Korsmo

Faculty Publications

This Article evaluates recent dramatic developments in Delaware law surrounding merger litigation and concludes that they have gone too far in limiting the ability to challenge managerial wrongdoing in the takeover context. The past three years have seen a sea change in merger litigation, brought on by the twin earthquakes of the Delaware Supreme Court’s decision in Corwin v. KKR and the Delaware Court of Chancery’s decision in In re Trulia. Both of these decisions were inspired by a perceived crisis in merger litigation. By 2015, the percentage of economically significant deals challenged by at least one lawsuit had been …