Law Commons^™

The Law Of Social Entrepreneurship – Creating Shared Value Through The Lens Of Sandra Day O’Connor’S Icivics, Anat Alon-Beck

Faculty Publications

This article calls for harmonizing state law legislation on social enterprises, due to the potential discrepancy between the various states on the nature and legal structure of social enterprises. Since 2008, legislators in thirty-five (35) states across the United States of America and the District of Columbia, have enacted some form of innovative social enterprise legislation. This new revolution in corporate law is called social entrepreneurship, mirroring social movements in the aftermath of the 2008 financial crisis. Public opinion has led to a shift in prevalent corporate governance theory, from current share-holder centric corporate governance to collaborative corporate governance. A …

Countering Pay-For-Performance's Unintended Consequences By Rethinking The Physician's Duty To Disclose, Mariah Dick

Health Matrix: The Journal of Law-Medicine

The article highlights the features of the U.S. Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) and identify those attributes that make it vulnerable to the same types of unintended behaviors that have plagued pay-for-performance models in other industries. Topics discussed include unintended consequences associated with pay-for-performance in non-health care industries; physician disclosure standards; and need of laws for patient-centered care and patient autonomy.

Witch Doctors, Zombies, And Oracles: Rethinking Health In America, Ali S. Khan

Health Matrix: The Journal of Law-Medicine

To the extent we can even refer to an American healthcare "system," it functions brilliantly ... to make money. The system is designed to reward executives or major shareholders of pharmaceutical & health insurance companies, healthcare facilities, and related entities. With a rapidly aging population, healthcare will soon surpass a fifth of our economy. Of course, the American healthcare system does not function brilliantly when one considers the perspective of patients and over-extended primary care providers. Prices are growing faster than inflation or wages, healthcare is twice as costly as other comparable nations, and one third is a result of …

The Broken Medicare Appeals System: Failed Regulatory Solutions And The Promise Of Federal Litigation, Greer Donley

Health Matrix: The Journal of Law-Medicine

The Medicare Appeals System is broken. For years, the System has been unable to accommodate a growing number of appeals. The result is a backlog so large that even if no new appeals were filed, it would take the System a decade or more to empty. Healthcare providers wait many years for their appeals to be heard before an Administrative Law Judge (ALJ), and because the government recoups providers' Medicare payments while they wait, the delays cause them serious financial harm. Even worse, providers are more likely than not to prevail before the ALJ, proving that the payment should never …

Paul Giannelli’S Scholarship Of Measured Wisdom, Sophistication, And Significance, And A Man Of Diligence, Humor, And Graciousness, Robert P. Mosteller, Kenneth S. Broun

Case Western Reserve Law Review

No abstract provided.

National Security, National Origin, And The Constitution: 75 Years After Eo 9066, Geoffrey R. Stone

Case Western Reserve Law Review

No abstract provided.

Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David F. Forte

Case Western Reserve Law Review

No abstract provided.

Copyright Act [Revisions] Welcome[]:The Lax Copyright In Live Performance’S Last Writ, Lidia Mowad

Case Western Reserve Law Review

No abstract provided.

Volume 69 Issue 2 (2018), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Law As A Religion, Derrick Bell

Case Western Reserve Law Review

No abstract provided.

Justice On The Merits: An Analysis Of The Holocaust Expropriated Art Recovery Act Of 2016, Emily J. Cunningham

Case Western Reserve Law Review

No abstract provided.

Birth Directives: A Model To Address Forced And Coerced Cesareans, Hannah Tuschman

Case Western Reserve Law Review

No abstract provided.

The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale

Case Western Reserve Journal of International Law

The article focuses on uses Alien Tort Statute as a vehicle for litigating human rights abuses in both civil and criminal prosecutions in the U.S. Topics discussed include developments in International Criminal Law in addressing human rights violations; judicial attitudes that could affect the interpretation of the Trafficking Victim Protection Act; and Sosa v. Alvarez-Machain court case on the same.

Health Matrix, 2018

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Different But Same: A Call For A Joint Pro-Active Regulation Of Cross-Border Egg And Surrogacy Markets, Sharon Bassan

Health Matrix: The Journal of Law-Medicine

The article examines the need of a pro-active regulation of cross-border egg and surrogacy markets. Topics discussed include ways to regulate surrogacy market failures; conduct of both cross-border markets and the main failures that raise the need for regulation in each market; and minimalistic and a pro-active approach to regulate the markets.

Examining Nontherapeutic Circumcision, Stephen R. Munzer

Health Matrix: The Journal of Law-Medicine

The article argues that male minors have a moral anticipatory right-in-trust not to be circumcised without a medical indication. Topics discussed include ethical, political, and intellectual persuasions of children's rights, parental rights, religious freedom; moral implications to circumcise male minors without a medical indication; and moral rights of male minors

Shining City On A Hill At The Edge Of Tomorrow: Crispr-Cas9, Dickey-Wicker, And The Inner Space Race, Zachary A. Zalewski

Health Matrix: The Journal of Law-Medicine

The article highlights federal government funding of Targeted Genomic Editing (TGE) experimentation on human embryos, and recommends additional funding to accelerate scientific development and inquiry. Topics discussed include background of TGE, emphasizing CRISPR-Cas9 technology; risk of an emerging knowledge gap in this field; and legitimate concerns about what kinds of research are in the public and national interest.

Teaching Bioethics: The Role Of Empathy & Humility In The Teaching And Practice Of Law, Barbara A. Noah

Health Matrix: The Journal of Law-Medicine

The article discusses how bioethics education integrates ideas from ethics, law, science, and public policy with the goal of solving problems associated with the delivery of medical care. Topics discussed include Torts and various health law courses; American legal education's multi-tiered approach to teach students about law; and role of empathy and humility in the teaching and practice of law.

The Implications Of Marijuana Legalization On The Prevalence And Severity Of Schizophrenia, Samantha M. Caspar, Artem M. Joukov

Health Matrix: The Journal of Law-Medicine

The article discusses how regulation is vital to protect the small proportion of the population that will develop schizophrenia from marijuana use. Topics discussed include marijuana's effects on a user's psyche; triggers and symptoms of schizophrenia; and need to legalize marijuana for people who are at least twenty-five years old or who have been cleared by a psychologist.

Screening Older Physicians For Cognitive Impairment: Justifiable Or Discriminatory?, Ilene N. Moore

Health Matrix: The Journal of Law-Medicine

In the U.S., one out of eight practicing physicians is older than sixty-five, and many practice well into their seventies. Many commentators and healthcare organizations, concerned that aging physicians are at risk for cognitive impairment, have urged, or actually instituted, cognitive "screening" for older physicians as a means to ensure patient safety. An age-based screening program, however, should not proceed unless supported by clear evidence and not prohibited by law. This article argues that neither of these conditions applies. Singling out all older physicians for cognitive testing is empirically unjustified and legally prohibited. Furthermore, there are other means to reliably …

Trusting Courts With Arbitration Provisions, Stephen E. Friedman

Case Western Reserve Law Review

No abstract provided.

Resistance, Resettlement, And Redress, Frank Abe

Case Western Reserve Law Review

No abstract provided.

A Reform To Police Department Hiring: Preventing The Tragedy Of Police Misconduct, Owen Doherty

Case Western Reserve Law Review

No abstract provided.

The Open Mic, Unplugged: Challenges To Viewpoint-Based Constraints On Public-Comment Periods, Frank D. Lomonte, Clay Calvert

Case Western Reserve Law Review

No abstract provided.

Revisionist Municipal Liability, Avidan Y. Cover

Faculty Publications

The current constitutional torts system under 42 U.S.C. § 1983 affords little relief to victims of government wrongdoing. Victims of police brutality seeking accountability and compensation from local police departments find their remedies severely limited because the municipal liability doctrine demands plaintiffs meet near-impossible standards of proof relating to policies and causation.

The article provides a revisionist historical account of the Supreme Court’s municipal liability doctrine’s origins. Most private litigants’ claims for damages against cities or police departments do not implicate the doctrine’s early federalism concerns over protracted federal judicial interference with local governance. Meanwhile the federal government imposes extensive …

Case Ip Law, Case Western Reserve University School Of Law, The Spangenberg Center For Law, Technology & The Arts

Case IP Law News

Vol. 5, # 1

• Fusion program examines the fundamentals powering the world’s fourth industrial revolution
• IP Venture Clinic helps launch student startup aimed at increasing efficiency in aerodynamics
• Law school signs international partnership agreement with the IÉSEG School of Management in France
• Graduating 3L Aaron Childs’ paper to be published in the Virginia Sports and Entertainment Law Journal
• Great Lakes Sports & Entertainment Law Academy available online
• Patent Pro Bono Program opens new doors for Ohio inventors
• Professor Craig Nard coauthors new book, Intellectual Property and the Judiciary 
• Zahra Smith joins IP Venture Clinic as director
• Masters in Patent Practice …

Tribute To Professor Paul Giannelli, D. Michael Risinger

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Paul Giannelli, Barbara R. Snyder

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Paul Giannelli, Edward J. Imwinkelried

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Paul Giannelli, Karen Nelson Moore

Case Western Reserve Law Review

No abstract provided.