Law Commons^™

2018 Leet Symposium: Fiduciary Duty Corporate Goals, And Shareholder Activism—Introduction, Charles R. Korsmo

Faculty Publications

On November 1, 2018, the Case Western Reserve University Law Review held the 2018 Leet Symposium, bringing together a group of nationally respected corporate law scholars to explore the current state of play between traditional shareholder wealth maximization and modern shareholder environmental and social activism. The Symposium also included a panel on the difficult role of in-house corporate counsel in a world where serving as a zealous advocate for the corporation may conflict with in-house counsel’s compliance function. This issue contains Articles that were presented on the occasion, together with the prepared remarks of the keynote speaker, SEC Commissioner Hester …

Lead Plaintiff Incentives In Aggregate Litigation, Charles R. Korsmo, Minor Myers

Faculty Publications

The lead plaintiff role holds out considerable promise in promoting the deterrence and compensation goals of aggregate litigation. The prevailing approach to compensating lead plaintiffs, however, provides no real incentive for a lead plaintiff to bring claims on behalf of a broader group. The policy challenge is to induce sophisticated parties to press claims not in their individual capacity but instead in a representative capacity, conferring a positive externality on all class members by identifying attractive claims, financing ongoing litigation, and managing the work of attorneys. We outline what an active and engaged lead plaintiff could add to the civil …

What Genetic Testing Teaches About Long-Term Predictive Health Analytics Regulation, Sharona Hoffman

Faculty Publications

The ever-growing phenomenon of predictive health analytics is generating significant excitement, hope for improved health outcomes, and potential for new revenues. Researchers are developing algorithms to predict suicide, heart disease, stroke, diabetes, cognitive decline, future opioid abuse, and other ailments. The researchers include not only medical experts, but also commercial enterprises such as Facebook and LexisNexis, who may profit from the work considerably. This Article focuses on long-term disease predictions (predictions regarding future illnesses), which have received surprisingly little attention in the legal and ethical literature. It compares the robust academic and policy debates and legal interventions that followed the …

Case Western University Law School Library: 125 Years, Joseph A. Custer

Faculty Publications

Professor Custer describes the first 125 years of the Case Western Law School Library’s history, including its collections, facilities, renovations, staff, budget, evolving research and automation technologies, contributions to legal instruction, and involvement with technological advances in the legal information community.

Volume 43 (2019), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

The Trump Administration And Immigration Judges: Decreased Judicial Independence Or Increased Efficiency?, Aleksandar Cuic

Case Western Reserve Journal of International Law

Through the Attorney General, the Trump administration has changed asylum and immigration policies in several ways. In 2018, former-Attorney General Sessions used his referral power to overturn an immigration court's determination that victims of domestic violence are eligible for asylum as members of a "particular social group. " In the same year, the Attorney General issued a decision that prohibits immigration judges from administratively closing cases. Lastly, then-acting Attorney General Whitaker certified a case that raised a question as to whether membership in a family is a "particular social group" under asylum law. This article explores a question raised by …

The Politics Of Climate Change, John Godfrey

Canada-United States Law Journal

This after-dinner speech by John Godfrey on March 21, 2019 discusses bilateral and international issues faced by nations addressing the impact of climate change.

Joint Law-Business Case Study Competition, Canada-United States Law Institute

Canada-United States Law Journal

Following the termination of the Niagara International Moot Court Competition in 2015 due to declining interest, a Joint Law-Business Case Study Competition was inaugurated in 2016. This project provides the Canada-United States Law Institute (“CUSLI”) and its supporting institutions with a unique student competition experience that allows for continued student exchange and participation, as well as the growth of interdisciplinary learning.

The Usmca & United States-Canada Trade Relations: Ther Perspectives Of A U.S. Trade Practitioner, Terence P. Stewart, Shahrzad Noorbaloochi

Canada-United States Law Journal

After a 13-month-long negotiation process, the United States-Mexico-Canada Agreement was announced on Sept. 20, 2018 to replace the North American Freed Trade Agreement (NAFTA). This article discusses the implications of this transition on Canadian diary management, global excesses in steel and aluminum, softwood lumber, and reform in the World Trade Organization.

Cusli Experts' Roundtable Report On "Canada-United States Relations -- Looking Forward", Gabriella Marki, Jenna Russo

Canada-United States Law Journal

On Nov. 14, 2018, the Canada-United States Law Institute hosted an expert panel discussion on the subject of "Canada-United States Relations -- Looking Forward" in order to discuss the United States-Mexico-Canada Agreement (USMCA) that is projected to replace the North American Free Trade Agreement (NAFTA). The panelists examined USMCA negotiation and compared the USMCA to the NAFTA.

Proceedings Of The 42nd Canada-United States Law Instittue Annual Conference: Back To The Future - The Canada-United States Relationship At A Crossroads, Canada-United States Law Institute

Canada-United States Law Journal

Conference Speakers

Welcome and Opening

Ambassadors' and Ministers' Roundtable

Panel Discussion - The Current State of NAFTA

Distinguished Lecture - Mr. Lourenco Goncalves, CEO of Cleveland-Cliffs, Inc.

Panel Discussion - NAFTA and the Auto Industry

Panel Discussion - North American Dispute Resolution

A Guide To Emissions Trading Under The Western Climate Initiative, Chios Carmody

Canada-United States Law Journal

This Guide presents an overview of the cap-and-trade system of carbon emissions trading created and adhered to under the Western Climate Initiative (WCI). This Guide is divided into five chapters. Chapter 1 provides an overview of a cap-and-trade system of emissions permits. Chapter 2 explains the constitutional background to cap-and-trade schemes in the United States and Canada. Chapter 3 provides an overview of the linked system and a summary of its principal features in each WCI cap-and-trade partner jurisdiction (California, Quebec, Ontario). Chapter 4 explains how emission allowances are traded under the WCI and includes the results of a survey …

Five Unanswered Questions From Trump V. Hawaii, Josh Blackman

Case Western Reserve Journal of International Law

This article addresses five topics left unanswered by the majority opinion in Trump v. Hawaii, which upheld President Trump's travel ban in its entirety. What will happen on remand with respect to discovery? How should lower courts treat "this President, " as opposed to "the President "? How does the Constitution apply to aliens who are not seeking entry into the United States but have already crossed the border? What is the scope of the president's Article II power to exclude aliens? And, what is the permissible scope of a nationwide injunction?

Regulatory Cooperation And The Trump Administration, David Zaring

Case Western Reserve Journal of International Law

regulatory cooperation, regulatory harmonization, administrative law

Tribute To Judy Lipton, Ayesha B. Hardaway

Faculty Publications

Tribute to Judy Lipton

Due Process And Denaturalization, Cassandra Burke Robertson, Irina D. Manta

Faculty Publications

Policies restricting immigration and citizenship play a significant role in the current political environment. The implementation of the travel ban, litigation over DACA, and a narrowing of citizenship opportunities for members of the armed forces have all made headlines in the last two years. Along with those policies, the Trump administration has also significantly increased efforts to strip citizenship from individuals alleged to have gained it improperly.

Revocation of citizenship used to focus primarily on former Nazis and other war criminals hiding from justice in the United States. Now, through programs called Operation Janus and Operation Second Look, the Trump …

Masthead, Volume 29 (2019)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Liability (And) Rules For Health Information, Jorge L. Contreras, Francisca Nordfalk

Health Matrix: The Journal of Law-Medicine

The recent trend toward propertization of health data could pose significant challenges to biomedical research and public health. Property rule systems can result in sizable up-front costs in the acquisition of consent from individual data subjects, as well as the ongoing risk that data subjects will retract consent or object to unanticipated data uses, thus compromising existing data resources and analyses. Instead, we propose that research using individual health data should be subject to a regulatory regime, enforceable by government/public repositories, while at the same time permitting private enforcement actions to address particularized individual injury. Thus, while the physical collection …

How Failure To Protect Laws Punish The Vulnerable, Amanda Mahoney

Health Matrix: The Journal of Law-Medicine

No abstract provided.

50 Shades Of Data Sharing: How A Uniform Fifty-State Prescription Drug Monitoring Program Can Restore Discretion To Opioid Prescribers And Autonomy To Chronic Pain Patients, Allyson Cady

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Killer Apps: Vanishing Messages, Encrypted Communications, And Challenges To Freedom Of Information Laws When Public Officials "Go Dark", Daxton R. Stewart

Journal of Law, Technology, & the Internet

Government officials such as White House staffers and the Missouri governor have been communicating among themselves and leaking to journalists using apps such as Signal and Confide, which allow users to encrypt messages or to make them vanish after they are received. By using these apps, government officials are "going dark" by avoiding detection of their communications in a way that undercuts freedom of information laws. This article explores the challenges presented by government employee use of encrypted and ephemeral messaging apps by examining three policy approaches: (1) banning use of the apps, (2) enhancing existing archiving and record-keeping practices, …

Considering A Juvenile Exception To The Felony Murder Rule, Katherine Dobscha

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 70 Issue 2 (2019)

Case Western Reserve Law Review

No abstract provided.

Human Trafficking And Prostitution Courts: Problem Solving Or Problematic?, Becca Kendis

Case Western Reserve Law Review

No abstract provided.

“The Strings In The Books Ain’T Pulled And Persuaded”: How The Use Of Improper Statistics And Unverified Data Corrupts The Judicial Process In Sex Offender Cases, Heather Ellis Cucolo, Michael L. Perlin Esq.

Case Western Reserve Law Review

No abstract provided.

Volume 69 Issue 4 (2019), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Ethical Challenges In The Role Of In-House Counsel, Hugh Gunz, Sally Gunz

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 70 Issue 1 (2019)

Case Western Reserve Law Review

No abstract provided.

Testimonial To Lewis Katz, Leon Gabinet

Case Western Reserve Law Review

No abstract provided.

A Partial Fix Of A Broken Guideline: A Proposed Amendment To Section 2g2.2 Of The United States Sentencing Guidelines, Brent E. Newton

Case Western Reserve Law Review

No abstract provided.