Law Commons^™

Electronic Health Records And Medical Big Data: Law And Policy, Sharona Hoffman

Faculty Publications

This book helps readers gain an in-depth understanding of electronic health record (EHR) systems, medical big data, and the regulations that govern them. It is useful both as a primer for students and as a resource for knowledgeable professionals. The book analyzes the shortcomings and benefits of EHR systems, explores the law's response to the technology’s adoption, highlights gaps in the current legal framework, and develops detailed recommendations for regulatory, policy, and technological improvements. Electronic Health Records and Medical Big Data addresses not only privacy and security concerns, but also other important challenges, such as those related to data quality …

The First Amendment As Killer App, Anupam Chander

Journal of Law, Technology, & the Internet

"While it is a commonplace that the Internet revolutionized speech, what is perhaps less well understood is that free speech made today’s Internet." Symposium article.

Masthead, Volume 26

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Oliver C. Schroeder, Jr. Scholar-In-Residence Lecture: Sneaking Around The Constitution: Pretextual "Health" Laws And The Future Of Roe V. Wade, Nancy Northrup

Health Matrix: The Journal of Law-Medicine

A speech delivered by Nancy Northup, President and chief executive officer (CEO) of the U.S. Center for Reproductive Rights. It discusses the consequences of the U.S. Supreme Court's decision in case 'Roe v. Wade' on pretextual health law.

The “Uberization” Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology’S Impact On The Medical Profession, Fazal Khan

Health Matrix: The Journal of Law-Medicine

The article examines the potential of mobile health to transform the delivery of healthcare through allowing non-physicians providing care independent of physicians and outside of traditional clinics and hospitals in the United States. It discusses licensing and scope of practice laws from large information technology (IT) corporations.

Improving The Emergency Medical Services System’S Response To Domestic Violence, Karen Oehme, Nat Stern, Elizabeth Donnelly, Rebecca Melvin

Health Matrix: The Journal of Law-Medicine

The article examines the need of a strategy in the U.S. for the emergency health care that would include an role for emergency medical services (EMS) in preventing domestic violence. Topics discussed include ways to increase the degree of consistency and accountability of the EMS system, training on domestic violence for EMS personnel, and requirement of universal screening of female patients for domestic violence.

America Needs The Treat Act: Expanding Access To Effective Medication For Treating Addiction, Barbara Andraka-Christou

Health Matrix: The Journal of Law-Medicine

The article focuses on the underuse of buprenorphine because it is the most widely used medication for treating opioid dependence that is cost-effective in the United States. It discusses restrictions placed on prescribers under the Drug Addiction Treatment Act (DATA) of 2000 and the need to reintroduce the Recovery Enhancement for Addiction Treatment Act.

The Constitutionality Of Solitary Confinement: Insights From Maslow’S Hierarchy Of Needs, Lindley A. Bassett

Health Matrix: The Journal of Law-Medicine

The article examines the Eighth Amendment and solitary confinement in the United States, in particular, the tenth circuit court decision in Silverstein v. Federal Bureau of Prisons, and possible solutions.

Borrowing From Dormant Commerce Clause Doctrine In Analyzing Abortion Clinic Regulations, Caitlin E. Borgmann

Health Matrix: The Journal of Law-Medicine

The article examines the intensity in legislative rulemaking specifically directed at dismantling women's health protections is sweeping across the U.S. Topics discussed include the U.S. anti-reproductive rights legislation; legal protections for pharmacists who refuse to dispense contraceptive medications to women; and targeted restrictions of abortion providers (TRAP laws) in Texas.

Alice: The Status Quo Or Total Chaos?, Matthew Moldovanyi

Journal of Law, Technology, & the Internet

"On June 19, 2014 the Supreme Court handed down a highly important opinion discussing what is considered patentable subject matter in the United States. The case, Alice Corporation v. CLS Bank International, involved a group of patents for computer software that mitigated settlement risk in financial transactions. The Court held that these patents were not drawn to patent eligible subject matter under 35 U.S.C. § 101 (2012) because the claims were directed toward abstract ideas, which are unpatentable." "This ruling has drawn decidedly mixed reactions from commentators in the legal field. Moreover, this case leaves United States Patent and Trademark …

Legal Fictions And The Role Of Information In Patent Law, Craig Allen Nard

Faculty Publications

The common law plays a prominent role in the development of American patent law. Judicial stewardship of the patent space can be seen as an institutional advantage, one that compares favorably to punctuated, and potentially more distortive or inartful, congressional action. The common law allows for a certain flexibility, and despite its deep allegiance to tradition, crust forms more readily on statutory law than the common law. One of the tools that reflects this institutional litheness is the use of legal fictions, which have been employed by judges in various areas of the law seemingly since the beginning of the …

Rethinking The State Sovereignty Interest In Personal Jurisdiction, Jeffrey M. Schmitt

Case Western Reserve Law Review

The Supreme Court has never articulated a coherent theoretical justification for the law of personal jurisdiction. While some opinions state that the law is based on state sovereignty, others hold that it is instead derived exclusively from the Due Process Clause’s concern for fairness. None of the opinions, however, clearly ties either of these theories to the blackletter law of personal jurisdiction. This confusion over the purpose of the doctrine has helped to create divisions both within the Court and among the Circuits on a number of important jurisdictional issues.

This Article argues that the law of personal jurisdiction must …

Masthead, Volume 66 Issue 4 (2016)

Case Western Reserve Law Review

No abstract provided.

Perceived-As Plaintiffs: Expanding Title Vii Coverage To Discrimination Based On Erroneous Perception, Elizabeth E. Aronson

Case Western Reserve Law Review

No abstract provided.

How The War Against Isis Changed International Law, Michael P. Scharf

Faculty Publications

In an effort to destroy ISIS, beginning in August 2014, the United States, assisted by a handful of other Western and Arab countries, carried out thousands of bombing sorties and cruise missile attacks against ISIS targets in Iraq and Syria. Iraq had consented to the airstrikes in its territory, but Syria had not, and Russia blocked the UN Security Council from authorizing force against ISIS in Syria. The United States invoked several different legal arguments to justify its airstrikes, including the right of humanitarian intervention, the right to use force in a failed state, and the right of hot pursuit, …

Essay: Iran And The Military Option, Gregory P. Noone Dr.

Case Western Reserve Journal of International Law

When politicians, pundits, and prognosticators discuss the "military option" for Iran it is important to understand that it will in all likelihood result in a full scale international armed conflict. If the "military option" mission is to eliminate Iran's nuclear capabilities, there is no one target to destroy, bomb, or obliterate that will render Iran's nuclear program dead therefore making such an option unlikely to be quick or efficient. A conflict with Iran would involve an extensive air campaign and probably result in Iran launching missiles at Israel and Eastern Europe. The Persian Gulf would effectively be closed off as …

“‘Tis The Time’S Plague When Madmen Lead The Blind”: How The Irs Can Prevent Pyramid-Scheme Formation (And Why It Should), James Walsh

Case Western Reserve Law Review

No abstract provided.

Volume 66 Issue 4 (2016), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Symposium Whren At Twenty: Systemic Racial Bias And The Criminal Justice System -- Introduction, Lewis R. Katz

Case Western Reserve Law Review

Introduction to the Symposium Whren at Twenty: Systemic Racial Baia and the Criminal Justice System

Privacy, Sharing, And Trust: The Facebook Study, Ari Ezra Waldman

Case Western Reserve Law Review

Using sharing on Facebook as a case study, this Article presents empirical evidence suggesting that trust is a significant factor in individuals’ willingness to share personal information on online social networks. I then make two arguments, one that explains why Facebook is designed the way it is and one that calls for legal protection against unfair manipulation of users. I argue that Facebook is built on trust: the trust that exists between friends and the trust that exists between users and the platform. In particular, I describe how Facebook designs its platform and interface to leverage the trust we have …

Tribute To Professor Ken Margolis, Peter M. Gerhart

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Ken Margolis, Judith Lipton

Case Western Reserve Law Review

No abstract provided.

Demanding A Speedy Trial: Re-Evaluating The Assertion Factor In The Baker V. Wingo Test, Seth Osnowitz

Case Western Reserve Law Review

No abstract provided.

Remarks On Executive Action And Immigration Reform, Shoba Sivaprasad Wadhia

Case Western Reserve Journal of International Law

This essay places the President's executive actions on immigration last November into a larger context by providing a brief history of prosecutorial discretion in immigration cases. This essay also describes how law students at Penn State Law School used the President's announcement of executive actions as a platform for local change in the State College community.

Criminally Disproportionate Warfare: Aggression As A Contextual War Crime, Rachel E. Vanlandingham

Case Western Reserve Journal of International Law

International law has long recognized the general principle that an illegal act cannot produce legal rights. Yet, this principle of ex injuria jus non oritur is seemingly ignored in the uneasy relationship between the two international legal regimes most associated with war. A head of State can, for example, violate international law regulating the resort to armed force by ordering his military forces to illegally invade another country, yet he, through his military forces, simultaneously and subsequently benefits on the battlefield from the application of the separate body of international law regulating the actual conduct of war. The paradoxical benefit …

The Fission And Fusion In International Use Of Force: Relating Unlawful Use Of Force And The War Crime Of Disproportionate Force Not Justified By Miitary Necessity, Mbori Otieno, Emmah Wabuke, Smith Otieno

Case Western Reserve Journal of International Law

Jus ad bellum and jus in bello are not disparate in operation. There are several points of intersection in the two concepts, commencing with the context in which they apply, and further, in their interpretation of the general principles of proportionality and necessity. Although proportionality connotes divergent theoretical notions depending on the backdrop against which it is set, in practice, these notions are often fused together. However, points of fission (divergence) still persist. The best example of which is in the context of 'The Crime of Disproportionate Use of Force' where the difference between the two notions of 'proportionality' can …

Volume 48 Issue 1, Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Volume 26 (2016), Case Western Reserve University Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Pregnancy Penalty, Michele Goodwin

Health Matrix: The Journal of Law-Medicine

Punishing pregnant women increasingly serves as a litmus test in political discourse, inviting more than a metaphor about state sanctioned violence targeted at women. In 2016, candidates for the United States presidency threatened to defund Planned Parenthood if elected and a leading candidate promised he would "punish" pregnant women who seek abortions. Other presidential candidates urged that even victims of rape and incest should be forced to carry their pregnancies to term, imposing yet another penalty or strike against sexually violated women and girls. Local legislatures and governors show equal contempt for and desire to penalize women in the United …

Hobby Lobby, Birth Control, And Our Ongoing Cultural Wars: Pleasure And Desire In The Crossfires, Robin West

Health Matrix: The Journal of Law-Medicine

The article examines the political, legal and constitutional challenges related to Birth control laws in the U.S. It discusses Supreme Court jurisprudence, such as Burwell v. Hobby Lobby Stores Inc. and birth control drug law and treatments.