Law Commons^™

State Neutrality In Religious Affairs -- Civil Servants And Religious Dress, Simon Pelsmakher

Canada-United States Law Journal

This article examines the question of whether civil servants have the right to wear religious dress in Canada, the United States, and Europe.

It loos at different policies regarding the relationship between state neutrality and religious affairs, freedom of religion, and equality, and argues that civil servants should have the right to wear religious dress, without violating laws pertaining to neutrality.

Big Data And The Americans With Disabilities Act, Sharona Hoffman

Faculty Publications

While big data offers society many potential benefits, it also comes with serious risks. This Essay focuses on the concern that big data will lead to increased employment discrimination. It develops the novel argument that the Americans with Disabilities Act (ADA) should be amended in response to the big data phenomenon in order to protect individuals who are perceived as likely to develop physical or mental impairments in the future. Employers can obtain medical data about employees not only through the traditional means of medical examinations and inquiries, but also through the non-traditional mechanisms of social media, wellness programs, and …

Volume 68 Issue 1 (2017), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Erik Jensen, Jonathan L. Entin

Case Western Reserve Law Review

No abstract provided.

Us–Cool: How The Appellate Body Misconstrued The National Treatment Principle, Severely Restricting Agency Discretion To Promulgate Mandatory, Pro-Consumer Labeling Rules, Juscelino F. Colares, William P. Canterberry

Faculty Publications

In United States–Certain Country of Origin Labeling Requirements, the Appellate Body ("AB") of the World Trade Organization ("WTO") ruled that the United States' country-of-origin labeling regulations ("COOL") on beef and pork products violated the Agreement on Technical Barriers to Trade's ("TBT") National Treatment ("NT") Principle. Aimed at promoting informed consumer choice, COOL required retailers to disclose the covered products' origin. In prior decisions under the General Agreement on Tariffs and Trade ("GATT") art. III:4, the AB correctly rejected protectionist rules that unnecessarily encumbered consumer choice by adversely affecting conditions of competition for imports. In US–COOL, however, the AB …

How Assuming Autonomy May Undermine Wellness Programs, Jessica L. Roberts, Leah R. Fowler

Health Matrix: The Journal of Law-Medicine

In recent years, corporate wellness programs have become a routine aspect of the employer-provided health-insurance system. While they vary tremendously in their requirements and incentives, what these programs share is the common goal of modifying employee behavior to improve health and, as a result, to lower costs. However, the effectiveness of wellness programs has been called into question.

Sex Education: Funding Facts, Not Fear, Rachel Rubenstein

Health Matrix: The Journal of Law-Medicine

The article offers information on the funding sex education programs enacted by the government for teaching about abstinence as the best method for avoiding sexually transmitted diseases and unintended pregnancy and risks factors associated with it in the U.S. Topics discussed include analysis of California Healthy Youth Act as a model for adequate sex education; different forms of sex education; and enactment of Abstinence Education Grant Program for the same.

International Hurdles In Nazi-Era And Russian Revolution Cultural Property Cases, Jennifer Anglim Kreder

Case Western Reserve Journal of International Law

The FSIA, however, did not do away with the common law act of state doctrine, which is another hurdle plaintiffs must overcome. Under the act of state doctrine, U.S. courts decline to hear suits challenging the acts of another sovereign in its own territory. This doctrine, too, is grounded in flexible principles of international comity. This essay discusses both the FSIA and the act of state doctrine in the context of cases seeking to recover art and cultural property taken during the Nazi-era and Russian Revolution after providing necessary historical background.

Controlling Excessive Off-Label Medicare Drug Costs Through The False Claims Act, David Kwok

Health Matrix: The Journal of Law-Medicine

High prescription drug prices are driving ever-increasing United States healthcare costs, and the federal government is following this alarming trend …

Tribute To Professor Erik Jensen, Deborah A. Geier

Case Western Reserve Law Review

No abstract provided.

What Do We Mean By A “Pro-Business” Court—And Should We Care?, James R. Copland

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Jonathan L. Entin, Erik M. Jensen

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Jonathan L. Entin, William P. Marshall

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Jonathan L. Entin, Sharona Hoffman

Case Western Reserve Law Review

No abstract provided.

Fred Gray And The Role Of Civil Rights Lawyers, Jonathan L. Entin

Case Western Reserve Law Review

No abstract provided.

In Honor Of Fred Gray: The Meaning Of Montgomery, David J. Garrow

Case Western Reserve Law Review

No abstract provided.

Why Alabama School Desegregation Succeeded (And Failed), Wendy Parker

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 68 Issue 1 (2017)

Case Western Reserve Law Review

No abstract provided.

Entrepreneurial Choice: Restoring A Relevant Antitrust Policy, Warren Grimes

Case Western Reserve Law Review

No abstract provided.

Navigating The Ascertainability Spectrum: Analyzing The Policy Rationales Behind The Various Ascertainability Standards As Applied Standards As Applied To Small-Value Consumer Class Actions, Stephanie Starek

Case Western Reserve Law Review

No abstract provided.

Trumping The First Amendment: Student-Driven Calls For Speech Restrictions On Public College Campuses, Katlyn Ayn Patton

Case Western Reserve Law Review

No abstract provided.

Volume 68 Issue 2 (2017), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Land Use Regulation As A Framework To Create Public Space For Speech And Expression In The Evolving And Reconceptualized Shopping Mall Of The Twenty-First Century, Gerald Korngold

Case Western Reserve Law Review

No abstract provided.

Rape In The Civil And Administrative Contexts: Proposed Solutions To Problems In Tort Cases Brought By Rape Survivors, Leah Slyder

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 27 (2017)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Health Matrix, Health Matrix

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Moving Beyond "Wellness Does Not Work", Dennis G. Shea, Dennis Scanlon

Health Matrix: The Journal of Law-Medicine

The article focuses on the worksite wellness program (WWP) made by the employers for maintaining the industrial hygiene and also discusses the challenges faced by the employees in implementing the same in the U.S. Topics discussed include Pennsylvania State University's problematic effort in implementing a WWP.

Caveat Emptor: How The Intersection Of Big Data And Consumer Genomics Exponentially Increases Information Privacy Risks, Katherine Drabiak

Health Matrix: The Journal of Law-Medicine

Our genomic sequence constitutes the most sensitive and personal of information: uniquely identifying us, revealing our propensity to develop certain diseases and conditions, and exposing familial connections of close genetic relatives. Big Data enables consumer-genomics companies to collect, store, and electronically share genomic-sequence data in conjunction with numerous pieces of private health and personal information.

Reproductive Selection Bias, Lauren R. Roth

Health Matrix: The Journal of Law-Medicine

Decades after the advent of assisted reproductive technology ("ART") that allows prospective parents to deselect embryos with grave genetic illnesses—a procedure called preimplantation genetic diagnosis ("PGD")— it remains a tool largely of upper-class whites. I argue that the time has come to focus on closing the access gap in this area of reproductive rights in spite of the current political climate. If reproductive liberty is tied to equality through access to medical procedures, scholars must finally answer the question of what equality requires in a system that permits the use of ARTs. This Article shows how the current system of …

The Prescription For Rising Drug Prices: Competition Or Price Controls?, Joanna Shepherd

Health Matrix: The Journal of Law-Medicine

The article focuses on the implementing of reforms aimed at promoting competition or prohibiting anticompetitive practices in rising drug prices in the U.S.