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Case Western Reserve University School of Law

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Articles 571 - 600 of 10936

Full-Text Articles in Law

Codifying Innocence: A Modest Step Toward Reform, J. Philip Calabrese Jan 2022

Codifying Innocence: A Modest Step Toward Reform, J. Philip Calabrese

Case Western Reserve Law Review

No abstract provided.


Tax Issues Affecting Marijuana Businesses, Erik M. Jensen Jan 2022

Tax Issues Affecting Marijuana Businesses, Erik M. Jensen

Faculty Publications

This article considers several issues affecting Internal Revenue Code section 280E, which denies income-tax deductions and credits to businesses trafficking in controlled substances. Even though marijuana is legal in an increasing number of states, it remains a controlled substance under federal law and section 280E therefore applies to marijuana businesses. As a result, investing in a marijuana business is much less attractive than it would otherwise be. The article discusses issues of statutory interpretation but, more important, considers whether an almost complete denial of deductions and credits converts what is in form an income tax into something else. If the …


Battle For Ohio, Case Western Reserve University School Of Law, Law-Medicine Center Jan 2022

Battle For Ohio, Case Western Reserve University School Of Law, Law-Medicine Center

Case Law-Med

  • Message from the co-directors
  • Physician fidelity
  • Newsworthy expertise
  • Expanding practice and reassessing ethics
  • Meeting demand
  • Series of events
  • Battle for Ohio
  • Appointed to serve
  • Prolific professor
  • Externship experience
  • A vital community service
  • Championing diversity and patient rights through policy


A Free Appropriate Public Education: Examining What "Appropriate" Means For Students With Disabilities In A Global Pandemic, Bailey Kadian Jan 2022

A Free Appropriate Public Education: Examining What "Appropriate" Means For Students With Disabilities In A Global Pandemic, Bailey Kadian

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 72 Issue 3 (2022), Case Western Reserve Law Review Jan 2022

Volume 72 Issue 3 (2022), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.


Pandemic Rules: Covid-19 And The Prison Litigation Reform Act’S Exhaustion Requirement, Margo Schlanger, Betsy Ginsberg Jan 2022

Pandemic Rules: Covid-19 And The Prison Litigation Reform Act’S Exhaustion Requirement, Margo Schlanger, Betsy Ginsberg

Case Western Reserve Law Review

No abstract provided.


The Reasonableness Of The “Reasonableness” Standard Of Habeas Corpus Review Under The Antiterrorism And Effective Death Penalty Act Of 1996, Paul J. Larkin Jan 2022

The Reasonableness Of The “Reasonableness” Standard Of Habeas Corpus Review Under The Antiterrorism And Effective Death Penalty Act Of 1996, Paul J. Larkin

Case Western Reserve Law Review

No abstract provided.


We Can’T Breathe: Reimagining Equal Protection As A Collective Right, Alexandra L. Raleigh Jan 2022

We Can’T Breathe: Reimagining Equal Protection As A Collective Right, Alexandra L. Raleigh

Case Western Reserve Law Review

No abstract provided.


The Next Step In Civil Rights: Abolish Absolute Prosecutorial Immunity So Prosecutors Cannot Use Their Power To Violate Others’ Constitutional Rights, Ariba Ahmad Jan 2022

The Next Step In Civil Rights: Abolish Absolute Prosecutorial Immunity So Prosecutors Cannot Use Their Power To Violate Others’ Constitutional Rights, Ariba Ahmad

Case Western Reserve Law Review

No abstract provided.


The Tragedy Of The Creative Commons: An Analysis Of How Overlapping Intellectual Property Rights Undermine The Use Of Permissive Licensing, Reagan Joy Jan 2022

The Tragedy Of The Creative Commons: An Analysis Of How Overlapping Intellectual Property Rights Undermine The Use Of Permissive Licensing, Reagan Joy

Case Western Reserve Law Review

No abstract provided.


Who Counts?: The Twelfth Amendment, The Vice President, And The Electoral Count, Robert J. Delahunty, John Yoo Jan 2022

Who Counts?: The Twelfth Amendment, The Vice President, And The Electoral Count, Robert J. Delahunty, John Yoo

Case Western Reserve Law Review

No abstract provided.


Biomarkers As Subject Matter: A Tailored Solution For Patent Ineligibility In Medical Diagnostics, Benjamin Foote-Huth Jan 2022

Biomarkers As Subject Matter: A Tailored Solution For Patent Ineligibility In Medical Diagnostics, Benjamin Foote-Huth

Case Western Reserve Law Review

No abstract provided.


Volume 73 Issue 2 (2022), Case Western Reserve Law Review Jan 2022

Volume 73 Issue 2 (2022), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.


Blunt Forces: A Case Study Of Administrative Exhaustion Under The Controlled Substances Act, Kennedy Dickson Jan 2022

Blunt Forces: A Case Study Of Administrative Exhaustion Under The Controlled Substances Act, Kennedy Dickson

Case Western Reserve Law Review

No abstract provided.


Implementing Data Protection By Design In The Ed Tech Context: What Is The Role Of Technology Providers?, Liane Colonna Jan 2022

Implementing Data Protection By Design In The Ed Tech Context: What Is The Role Of Technology Providers?, Liane Colonna

Journal of Law, Technology, & the Internet

This article explores the specific roles and responsibilities of technology providers when it comes to implementing Data Protection by Design (“DPbD”) and Data Protection by Default (“DPbDf”). As an example, it looks at the Education Technology (“Ed Tech”) sector and the complexities of the supply chains that exist therein to highlight that, in addition to the Higher Education (“HE”) institutions that procure products and services for advancing teaching and learning, Ed Tech vendors may also have responsibility and liability for the processing of student’s personal data. Ultimately, this paper asks whether there are any legal gaps, ambiguities, or normative conflicts …


Outsider Speech: The Plra, Aedpa, And Adjudicative Expression, William M. Carter Jr. Jan 2022

Outsider Speech: The Plra, Aedpa, And Adjudicative Expression, William M. Carter Jr.

Case Western Reserve Law Review

No abstract provided.


Murphy’S Law: For Attorney’S Fees Shifting Under The Plra, Everything That Could Go Wrong Has Gone Wrong, Mark J. Firmin Jan 2022

Murphy’S Law: For Attorney’S Fees Shifting Under The Plra, Everything That Could Go Wrong Has Gone Wrong, Mark J. Firmin

Case Western Reserve Law Review

No abstract provided.


In A League Of Its Own: Should Intellectual Property Law Protect Sports Moves?, Jacqueline Kett Jan 2022

In A League Of Its Own: Should Intellectual Property Law Protect Sports Moves?, Jacqueline Kett

Case Western Reserve Law Review

No abstract provided.


Masthead, Volume 73 Issue 1 (2022) Jan 2022

Masthead, Volume 73 Issue 1 (2022)

Case Western Reserve Law Review

No abstract provided.


New Kidfluencers On The Block: The Need To Update California’S Coogan Law To Ensure Adequate Protection For Child Influencers, Joan Reardon Jan 2022

New Kidfluencers On The Block: The Need To Update California’S Coogan Law To Ensure Adequate Protection For Child Influencers, Joan Reardon

Case Western Reserve Law Review

No abstract provided.


Field Notes From An Alternative Water Quality Reality, Dave Owen Jan 2022

Field Notes From An Alternative Water Quality Reality, Dave Owen

Case Western Reserve Law Review

No abstract provided.


How The Successes And Failures Of The Clean Water Act Fueled The Rise Of The Public Trust Doctrine And The Rights Of Nature Movement, Erin Ryan Jan 2022

How The Successes And Failures Of The Clean Water Act Fueled The Rise Of The Public Trust Doctrine And The Rights Of Nature Movement, Erin Ryan

Case Western Reserve Law Review

No abstract provided.


Algorithmic Decision-Making And Discrimination In Developing Countries, Cecil Abungu Jan 2022

Algorithmic Decision-Making And Discrimination In Developing Countries, Cecil Abungu

Journal of Law, Technology, & the Internet

This article seeks to investigate how developing countries can ensure that algorithmic decision-making does not leave protected groups in their jurisdictions exposed to unlawful discrimination that would be almost impossible to prevent or prove. The article shows that universally, longstanding methods used to prevent and prove discrimination will struggle when confronted with algorithmic decision-making. It then argues that while some of the proposed solutions to this issue are promising, they cannot be successfully implemented in a vast majority of developing countries because these countries lack the necessary institutional foundation. The key features of this institutional foundation include: (i) a wellrooted …


Symposium: Aedpa And The Plra After 25 Years: Introduction, Jonathan L. Entin Jan 2022

Symposium: Aedpa And The Plra After 25 Years: Introduction, Jonathan L. Entin

Case Western Reserve Law Review

No abstract provided.


The House Always Wins: Doctrine And Animus In California’S Covid-19 Prison Litigation, Hadar Aviram Jan 2022

The House Always Wins: Doctrine And Animus In California’S Covid-19 Prison Litigation, Hadar Aviram

Case Western Reserve Law Review

No abstract provided.


Equitable Power After Aedpa—Lessons From The Pandemic, Nancy J. King Jan 2022

Equitable Power After Aedpa—Lessons From The Pandemic, Nancy J. King

Case Western Reserve Law Review

No abstract provided.


Masthead, Volume 72 Issue 4 (2022) Jan 2022

Masthead, Volume 72 Issue 4 (2022)

Case Western Reserve Law Review

No abstract provided.


The Strange Career Of The Three-Judge District Court: Federalism And Civil Rights, 1954–1976, Michael E. Solimine, James L. Walker Jan 2022

The Strange Career Of The Three-Judge District Court: Federalism And Civil Rights, 1954–1976, Michael E. Solimine, James L. Walker

Case Western Reserve Law Review

No abstract provided.


Originalism At Home: The Original Understanding Of Ohio’S Home Rule Amendment, Timothy D. Lanzendorfer Jan 2022

Originalism At Home: The Original Understanding Of Ohio’S Home Rule Amendment, Timothy D. Lanzendorfer

Case Western Reserve Law Review

No abstract provided.


Symposium Introduction - The Clean Water Act At 50: Is The Act Obsolete?, Jonathan H. Adler Jan 2022

Symposium Introduction - The Clean Water Act At 50: Is The Act Obsolete?, Jonathan H. Adler

Case Western Reserve Law Review

No abstract provided.