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Articles 121 - 150 of 10936
Full-Text Articles in Law
“The Craze For Legal Proceedings”: Another Look At Schloendorff V. New York Hospital, Paul A. Lombardo
“The Craze For Legal Proceedings”: Another Look At Schloendorff V. New York Hospital, Paul A. Lombardo
Health Matrix: The Journal of Law-Medicine
In 1914, Judge Benjamin Cardozo wrote an appellate decision in the case of Schloendorff v. Society of the New York Hospital containing the assertion, “Every human being of adult years and sound mind has a right to determine what shall be done to his own body.” This quotation later became a touchstone for discussions of the principle of informed consent. Previous scholarship has questioned the use of Schloendorff as a byword of patient self-determination, but more recently discovered records suggest yet another way to understand the famous case. Material from the archive of the New York Hospital—where Mary Schloendorff’s surgery …
Torture And The Yemen Civil War, Case Western Reserve University School Of Law
Torture And The Yemen Civil War, Case Western Reserve University School Of Law
Yemen Accountability Project (YAP)
No abstract provided.
Frontmatter, Case Western Reserve University School Of Law
Frontmatter, Case Western Reserve University School Of Law
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Making Super Soldiers: Command Authority And The Implications Of “Getting To Yes”, Christopher J. Lin
Making Super Soldiers: Command Authority And The Implications Of “Getting To Yes”, Christopher J. Lin
Health Matrix: The Journal of Law-Medicine
The capability and will to enhance soldiers’ minds and bodies for warfare have existed throughout the centuries and across nations, from Ancient Greek hoplites partaking in wine before battle to calm nerves, to American servicemembers consuming amphetamines to remain awake during long-range reconnaissance missions in the Vietnam War. With advancements in biomedical technology, certain types of enhancements entail modifications with varying degrees of permanence to enhance battlefield performance. This Article explores the historical context and contemporary developments of biomedical enhancements, with a focus on the longstanding deference to military command authority regarding issues of individual autonomy. By examining the impacts …
At What Cost: Medicare’S Cost- Saving Measures In Skilled Nursing Facilities And Their Impact On Vulnerable Populations, Julia Mcdermott
At What Cost: Medicare’S Cost- Saving Measures In Skilled Nursing Facilities And Their Impact On Vulnerable Populations, Julia Mcdermott
Health Matrix: The Journal of Law-Medicine
As the highest spender of health care in the world, the United States continues to look for ways to reduce its spending. As the main health insurance provider for the elderly and disabled, Medicare shares this mission. Unfortunately, some of Medicare’s cost-saving initiatives in one of its most critical care settings, Skilled Nursing Facilities, cause disproportionately negative impacts on vulnerable populations. This Note analyzes three of Medicare’s cost-saving measures in Skilled Nursing Facilities, namely value-based purchasing programs, the twenty-day limit on full coverage, and the practical matter provision. This Note highlights how these measures have a disparate negative effect on …
Sacrificing Financial Health For Physical Health: The Implications Of Medical Credit Cards, Emma Kerro
Sacrificing Financial Health For Physical Health: The Implications Of Medical Credit Cards, Emma Kerro
Health Matrix: The Journal of Law-Medicine
Rising healthcare costs have contributed to significant medical debt increases for Americans in recent years. One way patients are paying these charges is with a medical credit card. The increase in popularity of medical credit cards can, in part, be attributed to non-profit hospitals’ insufficient charity care offerings. Some hospitals are— themselves—offering healthcare financing products to patients rather than offering charity care. As a result, low income patients often become trapped in a cycle of medical debt. While patients may need help paying for their care, a predatory lending option should not be their first or only choice. Non-profit hospitals …
Issue 35 Cover, Case Western Reserve University School Of Law
Issue 35 Cover, Case Western Reserve University School Of Law
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Injunctive Restraint, Cassandra Burke Robertson
Injunctive Restraint, Cassandra Burke Robertson
Faculty Publications
Preliminary injunctions against government action have evolved from extraordinary remedies into routine instruments of political contestation, with both Republican and Democratic administrations finding their initiatives halted by nationwide judicial orders. These injunctions serve vital functions in our constitutional system—preventing irreparable harm to fundamental rights and providing necessary checks on executive power in an era of congressional gridlock. Yet their increasing use has generated legitimate institutional concerns, particularly when a single district judge, often selected through strategic forum shopping, can unilaterally suspend national policies of significant importance. This Article examines this tension between the necessary role of nationwide injunctions in protecting …
Causation’S Due Process Dimensions, Cassandra Burke Robertson, Charles W. "Rocky" Rhodes
Causation’S Due Process Dimensions, Cassandra Burke Robertson, Charles W. "Rocky" Rhodes
Faculty Publications
For decades, courts have grappled with the tension between compensating victims of mass harms and maintaining fairness to defendants when causation is difficult to prove. This Article argues that the Supreme Court’s due process jurisprudence provides a relevant framework for navigating this tension. We contend that the Court over the last three decades has established a consistent due process approach in punitive damages and personal jurisdiction cases, which is rooted in antecedents tracing to the nineteenth century and relies on a nexus of interests that balances individual rights, state interests, and federalism concerns. This framework, we argue, has significant implications …
A Comment On Justice Thomas’S Commas, Erik M. Jensen
A Comment On Justice Thomas’S Commas, Erik M. Jensen
Faculty Publications
For some reason, Justice Thomas has taken to inserting commas in places they don’t belong. In particular, he writes one clause of a compound sentence, followed by a comma before any conjunction, and, then he throws in a comma after the conjunction as well (as I just did—incorrectly—for illustrative purposes). Or, he begins a sentence with a conjunction and then he routinely drops a comma after the conjunction (again, as I did incorrectly). This article explains the grammatical problem—with copious citations to texts on writing—and then ponders why the Justice is doing this. One hypothetical: as a good originalist, he …
Patient Autonomy, Public Safety, And Drivers With Cognitive Decline, Sharona Hoffman, Cassandra Burke Robertson
Patient Autonomy, Public Safety, And Drivers With Cognitive Decline, Sharona Hoffman, Cassandra Burke Robertson
Faculty Publications
With a growing elderly population, cognitive decline in drivers has become a significant public safety concern. Currently, over thirty-two million individuals who are seventy or older have driver’s licenses, and that number is growing quickly. In addition, almost ten percent of U.S. seniors (those sixty-five and older) have dementia, and an additional twenty-two percent have mild cognitive impairment. Between a quarter and a half of individuals with mild to moderate dementia still drive. As cognitive abilities such as memory, attention, and decision-making skills deteriorate, a driver's ability to operate a vehicle safely can be compromised. This not only puts the …
Protecting Human Rights, Larry Herman, Richard Newcomb, John Boscariol
Protecting Human Rights, Larry Herman, Richard Newcomb, John Boscariol
Canada-United States Law Journal
A panel discussion on protecting human rights through economic sanctions and supply chain due diligence.
Panel Iii: Regulatory Frameworks From Subnational To Multinational, Marc-Etienne Ouimette, Kate Purchase, Kellee Wicker, Xavier Delagado
Panel Iii: Regulatory Frameworks From Subnational To Multinational, Marc-Etienne Ouimette, Kate Purchase, Kellee Wicker, Xavier Delagado
Canada-United States Law Journal
No abstract provided.
Friday Luncheon Keynote, Isha Khan
Friday Luncheon Keynote, Isha Khan
Canada-United States Law Journal
No abstract provided.
Masthead, Volume 49 (2025)
Introduction And Welcome, Canada-United States Law Journal
Introduction And Welcome, Canada-United States Law Journal
Canada-United States Law Journal
No abstract provided.
Approaches To Advancing Human Rights, Carina Van Vliet, Avidan Cover, Sara Ghebremusse, Brian Gran
Approaches To Advancing Human Rights, Carina Van Vliet, Avidan Cover, Sara Ghebremusse, Brian Gran
Canada-United States Law Journal
A panel discussion on approaches (or lack thereof) by the United States and Canada to advance human rights. Also, whether or not human rights produce wellbeing.
True North, Strong And Free (From American Influence): The Case Against Defunding The Canadian Broadcasting Corporation, Tyler Rogerson
True North, Strong And Free (From American Influence): The Case Against Defunding The Canadian Broadcasting Corporation, Tyler Rogerson
Canada-United States Law Journal
Since becoming the leader of the Conservative Party of Canada, Pierre Poilievre has campaigned on defunding Canada’s English-language national broadcaster, the Canadian Broadcasting Corporation (CBC). In the opinion of Mr. Poilievre, Canadian tax dollars would be put to better use if the Canadian government ceased subsidizing the CBC and encouraged private broadcasters to fill the cultural and entertainment void left in its wake. Mr. Poilievre’s campaign promise to defund the CBC comes at an interesting time in Canadian politics. With the resignation of Justin Trudeau, an imminent federal election, and the 51st State rhetoric echoing from the White House, Canadians …
Indigenous Reconciliation And Development, Diane Francis, Wenona T. Singel, Wayne Garnons-Williams
Indigenous Reconciliation And Development, Diane Francis, Wenona T. Singel, Wayne Garnons-Williams
Canada-United States Law Journal
A panel discussion on efforts to provide reconciliation and developmental opportunities to indigenous people, especially in Canada and the United States.
From Free Trade To Strategic Constraints: U.S.-Led Sanctionsand Export Controls Against Russia And China, Dr. Miguel Angel Marmolejo Cervantes, Lisa Reilly Solis
From Free Trade To Strategic Constraints: U.S.-Led Sanctionsand Export Controls Against Russia And China, Dr. Miguel Angel Marmolejo Cervantes, Lisa Reilly Solis
Canada-United States Law Journal
This article examines the evolving role of sanctions and export controls led by the United States (U.S.) in shaping global trade dynamics, particularly in response to Russia’s invasion of Ukraine and China’s technological and military advancements. The U.S. has expanded its use of extraterritorial export control measures, particularly the Foreign Direct Product Rules, to regulate the global flow of strategic commodities, technology, and software. The study explores the extensive sanctions and export control regimes imposed on Russia following its 2022 invasion of Ukraine, including restrictions on energy, finance, and military-related technologies. The article also evaluates Canada’s parallel regulatory framework and …
Fireside Chat: Ai In Canada And The United States, Mark Schaan, Elham Tabassi, Christopher Sands
Fireside Chat: Ai In Canada And The United States, Mark Schaan, Elham Tabassi, Christopher Sands
Canada-United States Law Journal
No abstract provided.
Climate Change And Human Rights, Jean-Francois Hould, Sonya Savage, Kristy Balsanek, Victor Flatt
Climate Change And Human Rights, Jean-Francois Hould, Sonya Savage, Kristy Balsanek, Victor Flatt
Canada-United States Law Journal
A panel discussion on addressing climate change and human rights in Canada and the United States.
Talking Foreign Policy: "75th Anniversary Of The Geneva Conventions", Talking Foreign Policy (Radio)
Talking Foreign Policy: "75th Anniversary Of The Geneva Conventions", Talking Foreign Policy (Radio)
Case Western Reserve Journal of International Law
"Michael Scharf: Welcome to “Talking Foreign Policy,” the quarterly radio show and podcast produced by Case Western Reserve University and Ideastream Public Media.2 I’m your host Michael Scharf, Dean of Case Western Reserve University School of Law.3 Today we’re going to be talking about the need to update the seventy-five-year-old Geneva Conventions on the Law of War in light of the twenty-first century developments related to autonomous weapons, cyber warfare, and space war, as well as responding to modern-day terrorist groups. I’ve assembled an allstar panel of experts for today’s conversation."
From One Prison To Another: The Inordinate Criminalization Of Women Who Kill Abusive Partners And A Proposed U.N. Response, Annalie Buscarino
From One Prison To Another: The Inordinate Criminalization Of Women Who Kill Abusive Partners And A Proposed U.N. Response, Annalie Buscarino
Case Western Reserve Journal of International Law
Paradoxically, criminal justice systems around the world punish women who kill abusive partners with inordinate sentences despite explicitly recognizing the victimization that led them to homicide. This Note examines how universally entrenched gender stereotypes lead to such overcriminalization and amount to a violation of women’s rights to equality before the law. This Note then proposes a U.N. resolution offering guidelines for criminal justice systems to craft appropriate judicial responses to women’s survival strategies.
The 1949 Geneva Conventions At 75: Examining The Place Of Non-State Armed Groups, Ezequiel Heffes
The 1949 Geneva Conventions At 75: Examining The Place Of Non-State Armed Groups, Ezequiel Heffes
Case Western Reserve Journal of International Law
When the 1949 Geneva Conventions were adopted seventy-five years ago, the armed conflict landscape was very different from the one we currently observe. Back then, although non-State armed groups (NSAGs) existed, their regulation was considered to fall (almost exclusively) under the relevant territorial State’s internal laws. Nowadays, on the contrary, every time the international community discusses the application of international law to armed conflict, questions emerge about the role, status, and behaviors of NSAGs. Due to their involvement in the majority of armed conflicts, NSAGs have become immovable actors of the international humanitarian legal scene. Many of these queries arise …
Denile On The Nile: Balancing Ethiopia's Equitable And Reasonable Utilization Of The Nile And Egypt's Desire To Maintain The Status Quo, Tyler Tipton
Case Western Reserve Journal of International Law
For nearly one hundred years, Egypt has maintained complete control and utilization of the Nile River under the 1929 Nile Agreement signed by Egypt and the United Kingdom. This agreement was amended in 1959, making Sudan a party but alienating the remaining Nile Basin States. Ethiopia has now posed the greatest challenge to the validity of these Agreements by constructing the Grand Ethiopian Renaissance Dam. This Note argues that the longstanding bilateral 1929 and 1959 Nile Agreements can no longer maintain their enforceability against the rest of the Nile Basin because they violate customary international water law and infringe on …
Discriminating Alignment In The Innovation Sphere, Juliet P. Kostritsky
Discriminating Alignment In The Innovation Sphere, Juliet P. Kostritsky
Faculty Publications
Contracts play an important role in innovation. As a result, some. scholars have proposed theories highlighting contract provisions as devices that can serve to informally enforce agreements and build trust between parties. Others emphasize the hierarchical provisions between firms to promote efficiency. Yet another group views these agreements as a mechanism to institutionalize learning and protect property interests. This Article offers a new theory. To understand a firm’s contractual choices and governance, we must look at how the same provisions in different contracts may have distinct meanings or operate differently in different contexts. So, scholars must give context to these …
Protecting Older Adults Who Are Incarcerated: Does The 8th Amendment Work?, Jalayne J. Arias
Protecting Older Adults Who Are Incarcerated: Does The 8th Amendment Work?, Jalayne J. Arias
Health Matrix: The Journal of Law-Medicine
Older adults in prison and within other carceral systems (i.e. jails, parole) are uniquely at risk for elder mistreatment. Emerging research has begun to consider the experiences of older adults within carceral settings, including aging in prison, chronic conditions and medical care, compassionate release, and end-of-life care. This research exposes evidence that prisons and other carceral settings lack resources and services for older adults. Given increased vulnerability and a lack of protective resources, older adults experiencing incarceration may experience disproportional rates and consequences of elder mistreatment. A public health approach to develop tools and resources that would prevent, detect, and …
Decision-Making Supports And Cognitive Decline, Rebekah Diller
Decision-Making Supports And Cognitive Decline, Rebekah Diller
Health Matrix: The Journal of Law-Medicine
For persons with a range of cognitive disabilities, supported decision-making, rooted in a human rights approach to disability, has emerged as a tool that permits them to make legally binding decisions and avoid guardianship. As supported decision-making policy has evolved in the United States, state statutes have primarily focused on formal agreements through which individuals can designate trusted supporters to assist in obtaining information, processing that information, and communicating a decision. This Article argues that supported decision-making has promise for preserving the autonomy of persons living with dementia, but that the model of a supported decisionmaking agreement embodied in the …
Planning For Cognitive Decline: Combining Formal Supported Decision-Making Agreements And Healthcare Power Of Attorney, Megan S. Wright
Planning For Cognitive Decline: Combining Formal Supported Decision-Making Agreements And Healthcare Power Of Attorney, Megan S. Wright
Health Matrix: The Journal of Law-Medicine
Patients who have impaired decision-making abilities may not be permitted to make contemporaneous medical decisions. Instead, a substitute decision maker, including a healthcare agent, may be asked to decide on the patient’s behalf even if the patient wants to participate in the medical decision making. Being marginalized in decisions made about their medical care may lead to a decline in wellbeing for these patients. But supported decision making, wherein a person with cognitive impairments receives decision-making assistance, may facilitate such patients making contemporaneous medical decisions. As supported decision-making legislation spreads throughout the United States, there are questions about how this …