Law Commons^™

Opportunity-Cost Conflicts In Corporate Law, Abraham J.B. Cable

Case Western Reserve Law Review

Delaware corporate law has a new brand of loyalty claim: the opportunity-cost conflict. Such a conflict arises when a fiduciary operates under strong incentives to withdraw human and financial capital for redeployment into new investment opportunities. The concept has its roots in venture capital investing, where board members affiliated with venture capital funds may have incentives to shut down viable start-ups in order to focus on more promising companies.

Recognizing this type of conflict has conceptual value-it provides a coherent framework for assessing a fiduciary's incentives, and it may help explain frequently criticized features of corporate fiduciary law. But this …

Relaxing Rule 9(B): Why False Claims Act Relators Should Be Held To A Flexible Pleading Standard, Sara A. Smoter

Case Western Reserve Law Review

First, this Note will discuss the FCA, contemplating its requirements and purpose. The Rule 9(b) pleading standard will be examined in general and as it applies to the FCA. Second, this Note will examine how the circuit courts have chosen to apply the Rule 9(b) pleading standard to FCA complaints, discussing the courts’ holdings within a spectrum of rigid to flexible applications of that rule to highlight the inconsistency surrounding this issue. Third, this Note will suggest that the pleading standard be relaxed in FCA cases to improve access to the judicial system for relators and avoid the informational asymmetry …

Masthead, Volume 65 Issue 4 (2015)

Case Western Reserve Law Review

No abstract provided.

Derivative-Consent Doctrine And Open Windows: A New Method To Consider The Fourth Amendment Implications Of Mass Surveillance Technology, Alex Brown

Case Western Reserve Law Review

This Comment will show that the bulk collection of metadata from telephone calls and other electronic communications are permissible under the Fourth Amendment of the United States Constitution without a warrant. However, disclosing the contents of communications to government agencies and operating devices without the consent of their owner constitutes searches requiring a warrant.

What The Constitution Means By “Duties, Imposts, And Excises”—And "Taxes" (Direct Or Otherwise), Robert G. Natelson

Case Western Reserve Law Review

This Article recreates the original definitions of the U.S. Constitution’s terms “tax,” “direct tax,” “duty,” “impost,” “excise,” and “tonnage.” It draws on a greater range of Founding-Era sources than accessed heretofore, including eighteenth-century treatises, tax statutes, and literary sources, and it corrects several errors made by courts and previous commentators. It concludes that the distinction between direct and indirect taxes was widely understood during the Founding Era and that the term “direct tax” was more expansive than commonly realized.

The Article identifies the reasons the Constitution required that direct taxes be apportioned among the states by population. It concludes that …

What Is The Stray Remarks Doctrine? An Explanation And A Defense, David M. Litman

Case Western Reserve Law Review

No abstract provided.

The Curious Case Of The Pompous Postmaster: Myers V. United States, Jonathan L. Entin

Case Western Reserve Law Review

No abstract provided.

Presidential Control Of Adjudication Within The Executive Branch, Harold J. Krent

Case Western Reserve Law Review

No abstract provided.

The Emerging Eighth Amendment Consensus Against Life Without Parole Sentences For Nonviolent Offenses, Bidish J. Sarma, Sophie Cull

Case Western Reserve Law Review

As the nation moves away from the policies that built a criminal justice system bent on mass incarceration, it is an appropriate time to reassess a sentencing regime that has doomed thousands of individuals convicted of nonviolent offenses to die in prison. Over the last thirty years, those policies have resulted in more than 3,000 offenders across the country receiving life sentences without the possibility of parole when they were convicted of a nonviolent crime. While it seems clear to many today that this harsh punishment is inappropriate for offenses that involved no physical harm to other people, the individuals …

Empirical Doctrine, Jessie Allen

Case Western Reserve Law Review

We can observe and measure how legal decision makers use formal legal authorities, but there is no way to empirically test the determinative capacity of legal doctrine itself. Yet discussions of empirical studies of judicial behavior sometimes conflate judges' attention to legal rules with legal rules determining outcomes. Doctrinal determinacy is not the same thing as legal predictability. The extent to which legal outcomes are predictable in given contexts is surely testable empirically. But the idea that doctrine's capacity to produce or limit those outcomes can be measured empirically is fundamentally misguided. The problem is that to measure doctrinal determinacy, …

Modernizing The Emergency Medical Treatment & Labor Act To Harmonize With The Affordable Care Act To Improve Equality, Quality And Cost Of Emergency Care, Katharine A. Van Tassel

Faculty Publications

The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal statute passed almost 30 years ago which was designed to ensure equal access to emergency treatment and to halt the practice of “patient dumping.” Patient dumping is a situation where some patients—typically uninsured, disabled, and minority individuals—receive inferior emergency medical care or are denied emergency medical treatment altogether. The goal of EMTALA is to ensure that everyone coming to the emergency room will receive equal care.

Unfortunately, despite EMTALA, the practice of patient dumping has continued to this day. The most recent case in the news is the …

Problems At The Register: Retail Collection Of Personal Information And The Data Breach, Glenn A. Blackmon

Case Western Reserve Law Review

No abstract provided.

Volume 66 Issue 2 (2015), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Rehabilitation Through Empowerment: Adopting The Consumer-Participation Model For Treatment Planning In Mental Health Courts, Mcdaniel M. Kelly

Case Western Reserve Law Review

Part I of this Note is a brief overview of the mental health court system. It is broken into two subparts: first, a brief description of the system’s goals and success; and, second, a brief overview of mental health courts’ general structure. The theme here is that the term “system” is really a misnomer, and there is plenty of room for development.

In Part II, I introduce some of the barriers to achieving voluntary participation. This section also has two subparts: first, a discussion on target participants’ reduced capacities; and, second, a description of the structural shortcomings in mental health …

Challenges For Implementing A Ptsd Preventive Genomic Sequencing Program In The U.S. Military, Gabriel Lázaro-Muñoz, Eric T. Juengst

Case Western Reserve Journal of International Law

No abstract provided.

What Is The Role Of International Dispute Resolution In Interpreting Domestic Disputes?, Mark A. Barnett

Case Western Reserve Journal of International Law

No abstract provided.

Lethal Autonomous Weapons And Jus Ad Bellum Proportionality, Heather M. Roff

Case Western Reserve Journal of International Law

No abstract provided.

Freezing Out Noncompliant Ships: Why The Arctic Council Must Enforce The Polar Code, Richard Wanerman

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Volume 47 Issue 1 (2015)

Case Western Reserve Journal of International Law

No abstract provided.

Electric Currents: Programming Legal Status Into Autonomous Unmanned Maritime Vehicles, Daniel Vallejo

Case Western Reserve Journal of International Law

No abstract provided.

Transitional Justice And The Rule Of Law: Lessons From The Field, Elizabeth Andersen

Case Western Reserve Journal of International Law

No abstract provided.

U.S. Military Use Of Non-Lethal Weapons: Reality Vs Perceptions, Susan D. Levine, Joseph A. Rutigliano Jr.

Case Western Reserve Journal of International Law

No abstract provided.

Volume 47 Issue 1 (2015), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Talking Foreign Policy, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

Introduction, Maxwell J. Mehlman, Daniel Vallejo

Case Western Reserve Journal of International Law

No abstract provided.

Sustainable Access To Data For Postmarketing Medical Product Safety Surveillance Under The Amended Hipaa Privacy Rule, Barbara J. Evans

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Privacy Vs. Progress: Research Exceptionalism Is Bad Medicine, Suzanne M. Rivera

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The "Golden Rules" For Eliminating Disparities: Title Vi, Medicare, And The Implementation Of The Affordable Care Act, David Barton Smith

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Understanding And Addressing The Common Roots Of Racial Health Disparities: The Case Of Cardiovascular Disease And Hiv/Aids In African Americans, Matha E. Lang, Chloe E. Bird

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Public Health Implications Of Religious Exemptions: A Balance Between Public Safety And Personal Choice, Or Religion Gonetoo Far?, Christopher Ogolla

Health Matrix: The Journal of Law-Medicine

No abstract provided.