Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Case Western Reserve University School of Law

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1741 - 1770 of 10937

Full-Text Articles in Law

Relaxing Rule 9(B): Why False Claims Act Relators Should Be Held To A Flexible Pleading Standard, Sara A. Smoter Jan 2015

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 …


The Unlikely Meeting Between Dzhokhar Tsarnaev And Benjamin Quarles, Brian Gallini Jan 2015

The Unlikely Meeting Between Dzhokhar Tsarnaev And Benjamin Quarles, Brian Gallini

Case Western Reserve Law Review

Part I explores the Marathon Bombing in more detail alongside the government’s reliance on Quarles to interrogate Tsarnaev. Part II then seeks to place the Tsarnaev interrogation in the context of modern judicial constructions of the public safety exception. Doing so firmly illustrates that the government’s position was unsupported by judicial precedent.

By focusing on the Quarles decision itself, Part III then seeks to provide a proper historic context for the government’s decision not to read Tsarnaev his Miranda warnings. In particular, Part III considers the Justices’ private papers from Quarles to demonstrate that the Court never considered anything beyond …


Masthead, Volume 24 (2014) Jan 2015

Masthead, Volume 24 (2014)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Oliver C. Schroeder, Jr. Scholar-In-Residence Lecture -- Rationing Vs. Reengineering: The 21st Century Challenge For American Health Care, David Blumenthal Jan 2015

The Oliver C. Schroeder, Jr. Scholar-In-Residence Lecture -- Rationing Vs. Reengineering: The 21st Century Challenge For American Health Care, David Blumenthal

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Privacy Vs. Progress: Research Exceptionalism Is Bad Medicine, Suzanne M. Rivera Jan 2015

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

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Crossing 138: Two Approaches To Churn Under The Affordable Care Act, Gabriel Ravel, J. Angelo Desantis Jan 2015

Crossing 138: Two Approaches To Churn Under The Affordable Care Act, Gabriel Ravel, J. Angelo Desantis

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Mandatory School-Based Mental Health Services And The Prevention Of School Violence, Tessa Heller Jan 2015

Mandatory School-Based Mental Health Services And The Prevention Of School Violence, Tessa Heller

Health Matrix: The Journal of Law-Medicine

No abstract provided.


How Medicare Part D, Medicaid, Electronic Prescribing, And Icd-10 Could Improve Public Health (But Only If Cms Lets Them), Jennifer L. Herbst Jan 2015

How Medicare Part D, Medicaid, Electronic Prescribing, And Icd-10 Could Improve Public Health (But Only If Cms Lets Them), Jennifer L. Herbst

Health Matrix: The Journal of Law-Medicine

No abstract provided.


"Death Is Different": Limiting Health Care For Death Row Inmates, Michelle Masotto Jan 2015

"Death Is Different": Limiting Health Care For Death Row Inmates, Michelle Masotto

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 25 (2015), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2015

Volume 25 (2015), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care, Dayna Bowen Matthew Jan 2015

Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care, Dayna Bowen Matthew

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Race And Rationing, Rene Bowser Jan 2015

Race And Rationing, Rene Bowser

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 Jan 2015

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.


Biologic Drugs, Biosimilars, And Barriers To Entry, Joanna M. Shepherd Jan 2015

Biologic Drugs, Biosimilars, And Barriers To Entry, Joanna M. Shepherd

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 Jan 2015

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.


Defining Compensable Injury In Biomedical Research, Megan E. Larkin Jan 2015

Defining Compensable Injury In Biomedical Research, Megan E. Larkin

Health Matrix: The Journal of Law-Medicine

No abstract provided.


"Don't Have A Cow, Man": Recognizing Herd Share Agreements For Raw Milk, Timothy J. Mayer Jan 2015

"Don't Have A Cow, Man": Recognizing Herd Share Agreements For Raw Milk, Timothy J. Mayer

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Medicaid And Migrant Farmworkers: Why The State Residency Requirement Presents A Significant Access Barrier And What States Should Do About It, Malea Hetrick Jan 2015

Medicaid And Migrant Farmworkers: Why The State Residency Requirement Presents A Significant Access Barrier And What States Should Do About It, Malea Hetrick

Health Matrix: The Journal of Law-Medicine

No abstract provided.


State Regulation And The Necessary And Proper Clause, William Baude Jan 2015

State Regulation And The Necessary And Proper Clause, William Baude

Case Western Reserve Law Review

No abstract provided.


Improving Regulatory Accountability: Lessons From The Past And Prospects For The Future, Susan E. Dudley Jan 2015

Improving Regulatory Accountability: Lessons From The Past And Prospects For The Future, Susan E. Dudley

Case Western Reserve Law Review

No abstract provided.


Politics Of Nonenforcement, Zachary S. Price Jan 2015

Politics Of Nonenforcement, Zachary S. Price

Case Western Reserve Law Review

No abstract provided.


Masthead, Volume 66 Issue 2 (2015) Jan 2015

Masthead, Volume 66 Issue 2 (2015)

Case Western Reserve Law Review

No abstract provided.


National Football League Management Council V. National Football League Players Association: Deflategate Reviewed, Zachary J. Lafleur Jan 2015

National Football League Management Council V. National Football League Players Association: Deflategate Reviewed, Zachary J. Lafleur

Case Western Reserve Law Review

It is easy to dismiss the decision as the conclusion of an overreported story that relates to an over-reported league, but Deflategate and the facts surrounding the case provide unique insight into the tensions that exist between the NFL’s commissioner, owners, the players’ union, players, and fans.


Case Ip News, Case Western Reserve University School Of Law, The Spangenberg Center For Law, Technology & The Arts Jan 2015

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

Case IP Law News

Vol. 2, No. 1

  • School of Law’s Intellectual Property Venture Clinic helps launch a student health care startup
  • Case Western Reserve signs agreement with University of Strassbourg for IP Law program
  • Spangenberg Center for Law, Technology & the Arts welcomes three fellows
  • One-year patent practice master’s degree program to begin this fall
  • Faculty Updates


Unwrapped: How The Los Angeles County Safer Sex In The Adult Film Industry Act's Condom Mandate Hurts Performers & Violates The First Amendment, Jason Shachner Jan 2015

Unwrapped: How The Los Angeles County Safer Sex In The Adult Film Industry Act's Condom Mandate Hurts Performers & Violates The First Amendment, Jason Shachner

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 65 Issue 3 (2015), Case Western Reserve Law Review Jan 2015

Volume 65 Issue 3 (2015), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.


What Will Federal Marijuana Reform Look Like?, Alex Kreit Jan 2015

What Will Federal Marijuana Reform Look Like?, Alex Kreit

Case Western Reserve Law Review

No abstract provided.


What Is The Stray Remarks Doctrine? An Explanation And A Defense, David M. Litman Jan 2015

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

Case Western Reserve Law Review

No abstract provided.


Volume 65 Issue 4 (2015), Case Western Reserve Law Review Jan 2015

Volume 65 Issue 4 (2015), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.


Book Review: Harold Bruff, Untrodden Ground: America's Evolutionary Presidency, Martin S. Flaherty Jan 2015

Book Review: Harold Bruff, Untrodden Ground: America's Evolutionary Presidency, Martin S. Flaherty

Case Western Reserve Law Review

No abstract provided.