Law Commons^™

Genetic Essentialism In Family Law, Jennifer S. Hendricks

Health Matrix: The Journal of Law-Medicine

This is an essay exploring the costs of relying on genetic essentialism in family law in the United States. It discusses mandatory genetic testing of every child at birth; a need of an alternative way of thinking about biological parenthood; and the New York court case Fasano v. Perry-Rodger.

Tantamount To Fraud?: Exploring Non-Disclosure Of Genetic Information In Life Insurance Applications As Grounds For Policy Rescission, Anya E.R. Prince

Health Matrix: The Journal of Law-Medicine

Many genetic counselors recommend that individuals secure desired insurance policies, such as life insurance, prior to undergoing predictive genetic testing. It has been argued, however, that this practice is "tantamount to fraud" and that failure to disclose genetic test results, or conspiring to secure a policy before testing, opens an individual up to legal recourse. This debate traps affected individuals in a Catch-22. If they apply for life insurance and disclose a genetic test result, they may be denied. If they apply without disclosing the information, they may have committed fraud. The consequences of life insurance fraud are significant.

First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, Rene F. Najera, Dorit R. Reiss

Health Matrix: The Journal of Law-Medicine

The article discusses the how immunizing health care worker can help protecting vulnerable patients and mandatory vaccination of health care workers in New Jersey (Valent v. Board of Review, Department of Labor).

Human Trafficking: How A Joint Task Force Between Health Care Providers And Law Enforcement Can Assist With Identifying Victims And Prosecuting Traffickers, Megan Helton

Health Matrix: The Journal of Law-Medicine

The article discusses how a joint task force between health care providers and law enforcement can assist with identifying victims and prosecuting traffickers in the U.S. Topics discussed include legislation criminalizing human trafficking; laws protecting victims of human trafficking; and ways to combat human trafficking in the United States.

Arbitrary Law Enforcement Is Unreasonable: Whren'S Failure To Hold Police Accountable For Traffic Enforcement Policies, Jonathan Witmer-Rich

Case Western Reserve Law Review

Part I frames the problem in Whren with a story. Part II sets forth the fundamental Fourth Amendment principle underlying this article— the prohibition against arbitrary search and seizure. Part III explains how arbitrariness applies to Whren, and to police enforcement policies. Part IV describes pretextual traffic stops as a form of entrapment. Part V addresses the Whren Court’s concern that the Fourth Amendment should not vary from place to place. Part VI notes that arbitrariness is distinct from discrimination, and acknowledges that ending arbitrariness would not necessarily end discriminatory law enforcement.

Capital Assets: A Guide For The Novice -- With Tips For The Experienced, Erik M. Jensen

Faculty Publications

This article discusses what is usually thought of as a routine issue, but which many people, including at least some tax professionals, get wrong: What is a capital asset for federal income tax purposes? For one thing, the term covers lots of property that almost no one thinks of as a capital asset, like your underwear. On the other hand, despite what many think, the machinery you use in your business and the land on which your factory sits aren’t capital assets. The article considers these characterization issues, and, most important, discusses what difference it can make whether an item …

Masthead, Volume7 Issue 1

Journal of Law, Technology, & the Internet

No abstract provided.

What's In Your Wallet? Addressing The Regulatory Grey Area Surrounding Mobile Payments, Stephen Congdon

Journal of Law, Technology, & the Internet

"Mobile payment applications are poised to replace traditional checks, credit, and debit cards at cash registers around the country. Largely seen as the next step forward for increased convenience in shopping, mobile payments are making it easier for American consumers to make payments simply by having their phone on them at all times. However, until recently, many of the applications that consumers use to make their mobile payments may fall out of the American regulatory system already in place for banks and bank payment sources. The recently formed Consumer Financial Protection Bureau proposed regulatory changes in 2014 that include mobile …

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

Case IP Law News

Vol. 3, #1

• Alumnus lands dream job with sports agency for LeBron James
• Rising 3L Justin Dillon trades guitar for entertainment law career
• Donor Recognized for Support to Create New IP Venture Clinic Suite
• WIPO Lab analyzes case studies on herbs, fruit, yoga
• Meet Deepa Mishra, first graduate of the Masters in Patent Practice program
• Students experience the legal side of sports and entertainment through Great Lakes Law Academy
• From Idea to Commercialization: About the IP Venture Clinic
• Prof. Craig Nard’s articles among most-cited
• Native American Tribes’ & Nations’ Rights to their IP explored during Spangenberg-sponsored lectures
• Faculty Updates

Are Corporate Wellness Programs Hazardous?, Case Western Reserve University School Of Law, Law-Medicine Center

Case Law-Med

• Law-Medicine Center Co-Directors participate in White House Precision Medicine Initiative
• Law-Med Center Associate Director named the law school’s first Associate Dean for Diversity
• Dual Degrees in health-related fields
• Markus Willoughby selected for ‘California Lawyer Attorney of the Year’ award
• Alumna brings health law expertise to the American Academy of Dermatology
• Students receive stipends for their health law summer internship programs
• Aging with a Plan receives national publicity
• Class of 2016 health law grad published in Journal of Medical Ethics 
• Faculty and Scholarly Updates
• Law professor submits amicus brief in Whole Woman’s Health v. Hellerstedt

Masthead, Volume 66 Issue 3 (2016)

Case Western Reserve Law Review

No abstract provided.

Volume 66 Issue 3 (2016), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

The Time Has Come: A Proposed Revision To 17 U.S.C. § 203, Amy Gilbert

Case Western Reserve Law Review

Due to its unintended negative effects on authors, the industry, and society and, as a result, its failure to accomplish the purpose of having such a provision in the first place, this Note argues that Section 203 should be revised. The proposed solution limits the broad language that makes the statute inalienable to situations in which the purpose of the provision would be furthered and narrows the statute’s far too expansive notice requirements. This revision takes into account the nature of the industry in terms of risks and the recent technological developments by upholding the ideals of freedom of contract …

Preventing Conflict Or Descending An Iron Curtain? Buffer-Zone Laws And Balancing Histories Of Disruption With Free Speech, Nate Nasrallah

Case Western Reserve Law Review

This article proposes that courts and lawmakers look to two factors to help determine whether a given law is necessary. First, they should evaluate the extent of the law’s history of disruption. To do this, they should ask whether the history is pervasive, whether it is egregious, whether it calls for immediate action, and whether it is particular. Second, courts and lawmakers should examine the degree to which the disruption impedes upon the government’s interest. If logic dictates that the government cannot advance its interest so long as the prohibited conduct persists, then the government does not need to show …

China - Hp-Ssst And Price Undercutting, Brendan Saslow

Case Western Reserve Law Review

Chinese steel is also relevant to how China treats steel imports. China—HP-SSST involves an antidumping investigation conducted by Chinese authorities to determine whether European and Japanese manufacturers were dumping HP-SSSTs in China. This case comment presents an overview of China—HP-SSST. It focuses on the current Chinese injury analysis under WTO and Chinese law. Part I provides a brief overview of WTO antidumping laws and injury analysis proceedings. Part II summarizes the Appellate Body’s critical holdings in China— HP-SSST. Part III concludes with a critique of the case’s key holding, on price undercutting, and considers statistics about China as a respondent …

2016 Sumner Canary Memorial Lecture: Of Lions And Bears, Judges And Legislators, And The Legacy Of Justice Scalia, Honorable Neil M. Gorsuch

Case Western Reserve Law Review

Mark me down too as a believer that the traditional account of the judicial role Justice Scalia defended will endure. Let me offer you tonight three reasons for my faith on this score. *

Doubling Down On Racial Discrimination: The Racially Disparate Impacts Of Crime-Based Removals, Kevin R. Johnson

Case Western Reserve Law Review

Part I of this Article considers parallel developments in the law that contribute to what can be characterized as the emergence of nothing less than a Latina/o removal system. It first considers the Supreme Court’s implicit sanctioning of race-conscious law enforcement in the United States, with the centerpiece of this symposium, Whren v. United States, perhaps the most well-known example. Second, it summarizes the trend over the last twenty years toward greatly increased cooperation between state and local law enforcement agencies and federal immigration enforcement authorities. Part I proceeds to analyze how and why an increasing number of state and …

State Responses To The Whren Decision, Margaret M. Lawton

Case Western Reserve Law Review

In Part I, this Article briefly discusses the Whren decision. Part II discusses the three states that have considered whether to divert from the Whren decision under their own state constitutions. This Article then concludes that while these states have made efforts to combat traffic stops initiated on unconstitutional grounds, such as racial profiling, these state courts are finding it hard to do in the absence of police admission of using a pretext. While this case law suggests that other means of addressing police use of pretext would be more effective than relying on state constitutional law remedies, the Washington …

A Proposal To Eliminate A Black Market For Children, Sean Mcintyre

Case Western Reserve Law Review

Part I will analyze the factual background behind rehoming. Part II will analyze the legal background of rehoming, focusing on an analysis of international adoption law and transfer of custody pursuant to a power of attorney document. Part III will propose solutions at the federal level in order to curb the prevalence of rehoming.

The Wall That Aedpa Built: Revisiting The Suspension Clause Challenge To The Antiterrorism And Effective Death Penalty Act, Nathan Nasrallah

Case Western Reserve Law Review

Part I gives background on AEDPA, points out what Section 2254(d)(1) does, explains why AEDPA’s standard of review is problematic, and introduces the Suspension Clause challenge. Part II describes the writ of habeas corpus at common law and observes that there are two versions of habeas’s history, a narrow version and a functionalist version. The functionalist approach is essential to a strong attack on AEDPA. Part III introduces the age-old debate over the writ’s constitutional scope. To formulate the best Suspension Clause challenge to Section 2254(d)(1), a challenger should argue that: (1) the Suspension Clause impliedly guarantees a right, or …

Tribute To Professor Ken Margolis, Peter A. Joy

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Ken Margolis, Mathew J. Rossman

Case Western Reserve Law Review

No abstract provided.

Thick Marks, Thin Marks, Michael Grynberg

Case Western Reserve Law Review

This conception of thick or thin protection is part of routine trademark disputes, but it has more interesting implications for trademark law. Trademarks do more than identify a product’s source. They embody connotative and abstract meanings over which trademark owners seek control. Traditional trademark doctrine is often ill-suited to resolve the resulting litigation. One way courts respond is by calibrating thickness of protection. Judges receptive to the expansion of trademark rights may grant thick protection; skeptical judges, thin. This shortcut frustrates the development of precedent. Treating a mark as thin, for example, enables courts to resist broad trademark claims without …

Volume 67 Issue 1 (2016), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Vawa 2013’S Right To Appointed Counsel In Tribal Court Proceedings—A Rising Tide That Lifts All Boats Or A Procedural Windfall For Non-Indian Defendants?, Jordon Gross

Case Western Reserve Law Review

No abstract provided.

The Future Of Class-Action Waivers In Consumer Contract Arbitration Agreements After Directv, Inc. V. Imburgia , Kristina Moore

Case Western Reserve Law Review

No abstract provided.

The Danger Zone: How The Dangerousness Standard In Civil Commitment Proceedings Harms People With Serious Mental Illness, Sara Gordon

Case Western Reserve Law Review

Almost every American state allows civil commitment upon a finding that a person, as a result of mental illness, is gravely disabled and unable to meet their basic needs for food and shelter. Yet in spite of these statutes, most psychiatrists and courts will not commit an individual until they are found to pose a danger to themselves or others. All people have certain rights to be free from unwanted medical treatment, but for people with serious mental illness, those civil liberties are an abstraction, safeguarded for them by a system that is not otherwise ensuring access to shelter and …

An Idea Of Authorship: Orson Welles, The War Of The Worlds Copyright, And Why We Should Recognize Idea-Contributors As Joint Authors, Timothy J. Mcfarlin

Case Western Reserve Law Review

Did Orson Welles co-author the infamous War of the Worlds broadcast? The Ninth Circuit Court of Appeals has told us no, primarily because he only contributed the idea behind the broadcast, and ideas alone can’t be copyrighted. “An Idea of Authorship” challenges this premise—that ideas, no matter how significant, cannot qualify for joint authorship in collaborative works—and argues that we as a society should, under certain circumstances, recognize idea-contributors like Welles as joint authors. We should do so to further our society’s interest in encouraging future creations, as well as out of a sense of equity and fairness to idea-contributors, …

Thin Blue Lies: How Pretextual Stops Undermine Police Legitimacy, Jonathan Blanks

Case Western Reserve Law Review

Whren v. United States clarified the Supreme Court’s support of the practice of pretextual stops—using minor traffic violations as a reason to stop a person in order to investigate suspicious activity. However, a tactic’s legality does not make it inherently ethical, just, or effective. The following essay considers the role of pretextual stops in relation to police departments’ relationship with minority communities, particularly black communities. I argue that pretextual stops are one part of a larger and deeply troubling mélange of legal fictions, intentional deception of the innocent, and perverse incentives that undermine the perceptions of legitimacy of law enforcement, …

Whren'S Flawed Assumptions Regarding Race, History, And Unconscious Bias, William M. Carter Jr.

Case Western Reserve Law Review

I want to talk very briefly about some of the flaws in Whren as a matter of constitutional history, doctrine, and social psychology. Those issues have been discussed throughout this symposium, so I will only touch upon them briefly. I will then discuss some legal developments in equal protection doctrine post-Whren. Finally, I will suggest a possible path forward. A great deal of my scholarship over the years has been in the field of the Thirteenth Amendment. I will, therefore, suggest that we can reconceptualize racially motivated, pretextual police encounters as a Thirteenth Amendment issue rather than as either a …