Law Commons^™

Interrupting The Blight Cycle: Managing The Future Of Properties In Tax Foreclosure Sales Through Pre- And Post-Sale Initiatives, Ellen Kirtner

Case Western Reserve Law Review

This Note will examine the Wayne County’s novel use of a reverter plan in its postauction tactics, along with its preauction tactics, to suggest when and how other local governments may successfully apply similar programs to their own problems with blight and delinquency following tax auctions. This Note will also consider from a practical, policy perspective whether reverter programs are actually the best choice for local governments struggling with vacant, blighted, and tax delinquent properties. Because Wayne County took such a drastic measure to combat tax delinquency and blight in such an accelerated process, this Note focuses on the economic …

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

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 67 Issue 1 (2016)

Case Western Reserve Law Review

No abstract provided.

The Beast Of Burden In Immigration Bond Hearings, Mary Holper

Case Western Reserve Law Review

No abstract provided.

"Other Than Honorable" Discrimination, Marcy L. Karin

Case Western Reserve Law Review

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is the most comprehensive federal civil rights law that exists related to the workplace. Its goal is to help people who serve in the military reintegrate back into civilian work and remain attached to the workforce. It does so by offering a mix of anti-discrimination protection and labor standards. Despite the promise of robust reemployment rights and post-service assistance, Congress has excluded people with a certain “character of service,” including those with “other than honorable” separations, from these protections. This statutory exclusion has a disparate impact on people with service-connected disabilities, …

Growing Jardines: Expanding Protections Against Warrantless Dog Sniffs To Multiunit Dwellings, Eric Connon

Case Western Reserve Law Review

No abstract provided.

Braking The Rules: Why State Courts Should Not Replicate Amendments To The Federal Rules Of Civil Procedure, Stephen N. Subrin, Thomas O. Main

Case Western Reserve Law Review

No abstract provided.

The Economic/Noneconomic Activity Distinction Under The Commerce Clause, David M. Driesen

Case Western Reserve Law Review

No abstract provided.

The Third Amendment Incorporated: “Soldiers” And Domestic Law Enforcement, Chad Aronson

Case Western Reserve Law Review

No abstract provided.

Personhood Amendments After Whole Woman’S Health V. Hellerstedt, Steven R. Morrison

Case Western Reserve Law Review

Over the past six years, pro-life advocates have used Targeted Regulation of Abortion Provider (TRAP) laws and state-level constitutional personhood amendments to end abortion. The United States Supreme Court’s recent opinion in Whole Woman’s Health v. Hellerstedt suggests that the TRAP strategy will give way to a greater push for personhood amendments. This is so for three reasons. First, Whole Woman’s Health undermined the woman’s-health basis for TRAP laws and may encourage advocates to refocus their efforts on fetal rights. Second, Whole Woman’s Health limited the types of statutes that can survive judicial scrutiny, but left constitutional amendments untouched. Third, …

Masthead, Volume 67 Issue 2 (2016)

Case Western Reserve Law Review

No abstract provided.

The New Retail Experience And Its Unaddressed Privacy Concerns: How Rfid And Mobile Location Analytics Are Collecting Customer Information, Ava Farshidi

Journal of Law, Technology, & the Internet

"Part I of this paper will look at the newest development of the retail experience and suggest a method to understand the privacy concerns as well as suggest a regulatory scheme to protect customers without inhibiting their shopping experience. Part II will provide a background of the three stages of shopping experiences and the evolution of privacy concerns associated with them. Part III will address the current American stance on data collection and privacy law with a particular look at privacy concerns that the eStore is facing. Finally, Part IV will provide guidance on how to deal with these data …

Volume 7 Issue 1 (2016), Case Western Reserve Journal Of Law, Technology & The Internet

Journal of Law, Technology, & the Internet

No abstract provided.

When Real People Become Fictional: The Collision Of Trademark, Copyright, And Publicity Rights In Online Stories About Celebrities, Stacey M. Lantagne

Journal of Law, Technology, & the Internet

"Fanficion is frequently defined as the writing of fiction involving the characters or setting of someone else’s creation. However, there is a subset of fanfiction that is known as Real Person Fiction, or RPF. This subset writes stories not about other people’s fictional creations but about real people, whether they be hockey players or movie stars, and it has long been the scene of heated debate in the fan community. Some fans who readily and enthusiastically engage with fanfiction draw strict “squick” lines about RPF and call it “creepy” and “disturbing.” "Perhaps for this reason, scholars have paid little attention …

Hashing It Out: Problems And Solutions Concerning Cryptocurrency Used As Article 9 Collateral, Timothy Bierer

Journal of Law, Technology, & the Internet

"The article analyzes the potential uses of cryptocurrency as collateral in Article 9 secured transactions. At present, there is no clear guidance as to what status, if any, cryptocurrency has as collateral under Article 9. This paper briefly defines cryptocurrency, explains how it functions in its various forms, and shows why it would behoove lenders to utilize cryptocurrency as collateral. The current regulatory efforts over cryptocurrency are discussed to provide some context, through which the proposed actions and revisions of Article 9 are viewed. Finally, this paper recommends how cryptocurrency can be used as collateral under Article 9 under the …

Friend Request Denied: Judicial Ethics And Social Media, Shaziah Singh

Journal of Law, Technology, & the Internet

"Social media sites such as Facebook, Twitter, and LinkedIn have revolutionized our social lives and dominate the way we communicate with each other. Whether it comes to personal or professional use, social media platforms come with a multitude of complications. What to post, whom to “friend,” whom to share information with, and what job updates to share are just some of the problems social media users face daily. These complications are only multiplied for judges. A judge’s unique position to influence makes what constitutes acceptable social media usage much more complex. With almost 1.5 billion users on Facebook and 300 …

Racial Profiling: A Persistent Civil Rights Challenge Even In The Twenty-First Century, Ronnie A. Dunn

Case Western Reserve Law Review

This article examines the existence of racial profiling in traffic ticketing data.

Current U.S. Policy On The Crime Of Aggression: History In The Unmaking?, Donald M. Ferencz

Case Western Reserve Journal of International Law

At the 2015 Annual Meeting of the American Society of International Law, a U.S. policy statement on the crime of aggression was presented as part of a panel entitled "The ICC Crime of Aggression and the Changing International Security Landscape." This article examines current U.S. policy on the crime of aggression, highlighting the historic role that the U.S. played in establishing aggression as an international crime after World War II, and concludes that activation of ICC jurisdiction over the crime of aggression would be a significant step forward in the development of international law.

Foreword: The International Law Legacy Of The Obama Administration, Michael P. Scharf, Julia Liston

Case Western Reserve Journal of International Law

An introduction is presented in which editor discusses various articles within the issue based on the legacy of U.S. President Barack Obama's administration on right to use force in self-defense against non-state actors, foreign policy accomplishments in the Middle East and climate change.

President Obama's Legacy: The Iran Nuclear Agreement?, Milena Sterio

Case Western Reserve Journal of International Law

Iran, the United States, and several world super-powers signed a historic nuclear agreement over the summer of 2015. The Agreement is a comprehensive plan of action, with an unprecedented level of minutia and detail regarding Iran's commitment to curb its nuclear program in exchange for the lifting of United Nations-imposed sanctions against Iran. This Agreement, if it is successfully implemented, may represent President Obama's most significant foreign policy achievement and may become the most important element of President Obama's legacy. This Article will examine the Iran Nuclear Agreement by focusing on the events which led to the imposition of sanctions …

The Obama Administration's Clean Air Act Legacy And The Unfcc, Uma Outka

Case Western Reserve Journal of International Law

This article is born of a panel discussion from September 18, 2015, regarding "Regulating and Treaty-Making: Addressing Climate Change under the Obama Presidency." The article examines issues that affected discussions shortly before the final negotiations at the United Nations Climate Change Conference in Paris in 2015.

Closing The Gap: Daca, Dapa, And U.S. Compliance With International Human Rights Law, David B. Thronson

Case Western Reserve Journal of International Law

Political rhetoric and ongoing litigation that challenge the use of prosecutorial discretion and deferred action in immigration law often prominently feature claims that these initiatives demonstrate a lack of respect for the rule of law. This short essay seeks to highlight gaps between U.S. immigration law and its international human rights obligations and identify ways in which the use of discretion can advance rather than undermine the rule of law. In reconciling the ability of States to control matters of immigration with protections of family integrity, the touchstone in international law is balance. A State's right to expel a non-citizen …

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

Case Western Reserve Journal of International Law

Full-text is available at:

https://scholarlycommons.law.case.edu/faculty_publications/1638/

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 …

Inter-National Justice For Them Or Global Justice For Us?: The U.S. As A Supranational Justice Donor, Margaret M. Deguzman

Case Western Reserve Journal of International Law

U.S. policy concerning international justice, particularly at the ICC, involves case-by-case support when such support is in U.S. national interests. This policy signals that the U.S. considers itself a supranational justice donor rather than a member of a global justice community committed to enforcing shared values. This approach to international criminal justice both inhibits global justice efforts and undermines the U.S. claim to global moral leadership. The next U.S. administration should assert full membership in the global justice community by joining the ICC and providing unequivocal support for all efforts to address serious international crimes.

Public Enemy: The Public Element Of Direct And Public Incitement To Commit Genocide, Brendan Saslow

Case Western Reserve Journal of International Law

Direct and public incitement to commit genocide has been an international crime since the 1940s. The public element plays a role in each international incitement case, yet many scholars consider it straightforward and unworthy of attention. This article seeks to analyze jurisprudence, primarily developed at the International Criminal Tribunal for Rwanda, on how to determine whether inciting to commit genocide is public. This element is most problematic in cases involving speech through broadcast media such as television and radio. Moreover if ICTR case law informs future international criminal proceedings it may be an issue in a future genocide that involves …

A Fair Return Approach To Pharmaceutical Compulsory Licensing, Maura Nuno

Case Western Reserve Journal of International Law

This article argues that universal access to drugs requires not only collaboration between nations and patent holders, but also the creation of a neutral International Panel. Under the supervision of a Neutral International Panel, the disequilibrium, created by the current system of global intellectual property protection can be equalized to improve access to drugs without undermining pharmaceutical companies and intellectual property rights.

International Law In The Obama Administration's Pivot To Asia: The China Seas Disputes, The Trans-Pacific Partnership, Rivalry With The Prc, And Status Quo Legal Norms In U.S. Foreign Policy, Jacques Delisle

Case Western Reserve Journal of International Law

The Obama administration's "pivot" or "rebalance" to Asia has shaped the Obama administration's impact on international law. The pivot or rebalance has been primarily about regional security in East Asia (principally, the challenges of coping with a rising and more assertive China--particularly in the context of disputes over the South China Sea -- and resulting concerns among regional states), and secondarily about U.S. economic relations with the region (including, as a centerpiece, the Trans-Pacific Partnership). In both areas, the Obama administration has made international law more significant as an element of U.S. foreign policy and has sought to present the …

Smoke 'Em If You Got 'Em: Intellectual Property Rights In The Tobacco Industry Going Up In Smoke, Kristen Lease

Case Western Reserve Journal of International Law

The Tobacco Plain Packaging Act (TPPA) was passed in Australia in 2011 and set restrictions on the appearance of tobacco packages. The restrictions limited the use of trademarks to only the brand name, and banned any use of distinctive colors or images. Tobacco growing nations believed this restriction on trade dress violated Article 20 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which guarantees that no restriction may unjustifiably encumber intellectual property. Article 8 of the TRIPS Agreement, however, allows for encumbrances when it is intended to promote the protection of public health and safety. The tobacco growing …

Talking Foreign Policy: The Iran Nuclear Accord, Radio Program

Case Western Reserve Journal of International Law

one hour radio program on the Iran Nuclear Agreement, featuring Michael P. Scharf, Mileno Sterio, Avidan Cover, Paul Williams, and Col. Mike Newton

Masthead, Volume 48 Issue 1 (2016)

Case Western Reserve Journal of International Law

No abstract provided.