Law Commons^™

2024 Klatsky Endowed Lecture In Human Rights, Andrew Cayley

Case Western Reserve Journal of International Law

No abstract provided.

Sacrifice Zone: Conciliating Racial Discrimination In Louisiana's "Cancer Alley" Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, Ellen Buerk

Case Western Reserve Journal of International Law

In June 2023, the Environmental Protection Agency (EPA) abandoned its civil rights investigation into racially discriminatory practices by Louisiana state agencies in Cancer Alley. It did so after issuing initial findings which indicated those agencies had operated in a racially discriminatory manner, subjecting predominately Black communities to adverse health outcomes resulting from air pollution. This action is one in a long line of violations by the United States of its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) in Cancer Alley. In light of U.S. inaction in Cancer Alley, other parties to ICERD …

A Taking Or Public Interest Intent: Launching A Universal Standard For Indirect Expropriation, Naomi Matthusen

Case Western Reserve Journal of International Law

Outstanding note of the year 2025

In 2023, the Russian government announced drastic measures to take control over the management of specific foreign investments located in Russia in response to sanctions imposed on Russian assets abroad. These measures affected nearly onefourth of the largest 200 companies in the world. Expropriation clauses in bilateral investment treaties between nations exist to prevent the usurpation of foreign investments by host state governments, yet the standards for what constitutes indirect expropriation remain unclear and unpredictable and fail to adequately balance government and investor interests. This Note proposes and rationalizes a new definition for indirect …

The Geneva Conventions At 75: Need For Innovation (Keynote Address), John Bellinger

Case Western Reserve Journal of International Law

No abstract provided.

New Treaty Law On Autonomous Weapons? An Opportunity To Reframe The Discourse, Laurie R. Blank

Case Western Reserve Journal of International Law

Calls for a new treaty for autonomous weapons—or for any other new technology—stem from a concern at the most basic level: the concern that LOAC’s existing treaties are not sufficient to fulfill their core purposes of protecting civilians and other vulnerable persons and regulating the conduct of hostilities. Could treaties drafted in 1949—when air power was new and space a distant dream, when the first operational computer ran its first program and navigation relied on the compass and sextant—be sufficient for the complexities and challenges of the electromagnetic spectrum, artificial intelligence, quantum mechanics, machine learning, cyber, anti-satellite weapons, and other …

Autonomous Weapons Systems And Proportionality: The Need For Regulation, Craig Martin

Case Western Reserve Journal of International Law

This Article examines the question of whether International Humanitarian Law (IHL) requires modification to effectively govern autonomous weapons systems (AWS). Given that the imminent development and deployment is unlikely to be prohibited, and that AWS may not comply with IHL in certain circumstances, the question of why and how IHL needs to be adjusted is important, and not sufficiently studied. The analysis focuses on the principle of proportionality—a principle whose implementation demands complex, contextual, and sophisticated judgment—as a means of exploring and illustrating the issue. The Article explains why the operationalization of the principle of proportionality would present challenges for …

Does The Dual-Use Of Space Objects Necessitate A New Geneva Convention?, Svenja Berrang, Ll.M.

Case Western Reserve Journal of International Law

With “the first commercial space war” in Ukraine, the widespread and ever-increasing practice of using commercial space systems and services for military activities came to the public eye. States increasingly rely on and integrate commercial space activities1 into military activities to enhance their military capabilities and to strengthen deterrence. But by incorporating commercial actors into their military activities, States may incidentally make civil actors become military targets during an international armed conflict. Eventually, this may endanger commercial employees when those employees take direct part in hostilities and ultimately lose their protection as non-targeted civilians.

This Article examines the increased reliance …

Uncovering Spain's Lost Victims: Can The Continuing Crimes Doctrine Expand The Jurisdiction Of The International Criminal Court?, Kaitlyn Booher

Case Western Reserve Journal of International Law

Throughout Spain’s transition years (1975-1985), the country has maintained an “agreement to forget” and consequently failed to prosecute any perpetrators of crimes during the Franco dictatorship. This Note examines Franco-era forced disappearances in Spain and argues that the ICC has ratione temporis jurisdiction to investigate and prosecute perpetrators under the application of the continuing crimes doctrine, which is consistent with the principle of nullum crimen sine lege. (Abstract from author.)

Advancing Virtual Care Practices Across The Cognitive Impairment Continuum, Tara Sklar, Kathryn Huber

Health Matrix: The Journal of Law-Medicine

As the population of older adults grows, providing high-quality, costeffective healthcare for those with cognitive impairments is an increasing priority. The COVID-19 pandemic accelerated the shift towards receiving virtual care at home through temporary Medicare flexibilities. However, the uncertainty surrounding the continuing extension of these flexibilities at the federal level and variations in reimbursement policies across the states present challenges for virtual care practices to meet the rising demand for care amid unprecedented workforce shortages. Sustainable, long-term reimbursement at the federal and state levels, a trained and integrated healthcare workforce, and adherence to recognized accreditation standards and guidelines are essential …

Keynote Address - Intimate Privacy, Expressive Power, And Trust: Essential Inputs For A Healthy Democracy, Danielle Keats Citron

Case Western Reserve Law Review

No abstract provided.

Equipped To Manage Risk, Case Western Reserve University School Of Law, Law-Medicine Center

Case Law-Med

• Message from the co-directors
• Newsflash
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In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents

• Message from the Dean
• Specialty Programs Ranked Among the Best
• AI Certification Requirement
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• New Faculty Members
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Flawed Framework, Fatal Discretion: Unraveling Implicit Bias In Capital Punishment Decisions, Justin D. Levinson, Rachel G. Schaefer

Case Western Reserve Law Review

No abstract provided.

A Legal Relic In Modern Times: Navigating The Evolution Of Marital Property Laws And Advocating For Community Property, Hannah Riegle

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 75 Issue 4 (2025)

Case Western Reserve Law Review

No abstract provided.

Volume 75 Issue 4 (2025), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Symposium: Defending Tomorrow’S Democracy—The Future Of Elections In The Era Of Advanced Technology - Introduction - Everything Old Is New Again—Advancing Technology And Enduring Problems In American Democracy, Atiba R. Ellis

Case Western Reserve Law Review

No abstract provided.

Algorithmic Lawmaking, Moral Judging, And Free Will, Jacob Eisler

Case Western Reserve Law Review

No abstract provided.

Across The Bitter Divide: A Proposal To Improve Certainty In Patent Eligibility, Ian M. Adams

Case Western Reserve Law Review

No abstract provided.

Volume 76 Issue 1 (2025), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Robert N. Strassfeld, Bryan Adamson

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Robert N. Strassfeld, Michael J. Benza

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Robert N. Strassfeld: A Bostonian In The Western Reserve, Jonathan L. Entin

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Kevin C. Mcmunigal, Peter A. Joy

Case Western Reserve Law Review

No abstract provided.

Consensus Templates, Jorge L. Contreras, Liane Hancock

Case Western Reserve Law Review

No abstract provided.

Relational Contracting And International Technology Transfer, Peter Lee

Case Western Reserve Law Review

No abstract provided.

The Cost Of Inaction: How Medicaid Reform Can Target Racial Disparities In America’S Pregnancy-Related Mortality Crisis, Lauren Mallaber

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 76 Issue 2 (2025)

Case Western Reserve Law Review

No abstract provided.

Shambles: Making Sense Of The Confused State Of Noerr’S Sham Exception, James C. Cooper, Emily Kral

Case Western Reserve Law Review

No abstract provided.

The Double-Edged Sword Of Dollar Sanctions, John Crawford

Case Western Reserve Law Review

No abstract provided.