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Articles 631 - 660 of 10936
Full-Text Articles in Law
Rainbows For Rights: The Role Of Lgbt Activism In Gay Rights Promotion, Victor Asal, Amanda Murdie 8495795, Udi Sommer
Rainbows For Rights: The Role Of Lgbt Activism In Gay Rights Promotion, Victor Asal, Amanda Murdie 8495795, Udi Sommer
Societies Without Borders
Are advocacy efforts successful in improving the de jure rights of sexual minorities? In this paper, we argue that the lesbian, gay, bisexual, and transgender (LGBT) rights NGO movement has been a powerful force in the struggle against sexual discrimination. However, the work of LGBT organizations is much harder in areas of the world where pre-existing public attitudes are not supportive of the rights in question. By focusing on the issue of sexual minority rights, we are able to see how underlying public attitude divergence on a human rights issue can influence advocacy success. We test the implications of our …
International Differences In Support For Human Rights, Sam Mcfarland Ph. D.
International Differences In Support For Human Rights, Sam Mcfarland Ph. D.
Societies Without Borders
International differences in support for human rights are reviewed. The first of two sections reviews variations in the strength of ratification of UN human rights treaties, followed by an examination of the commonalities and relative strengths among the five regional human rights systems. This review indicates that internationally the strongest human rights support is found in Europe and the Americas, with weaker support in Africa, followed by still weaker support in the Arab Union and Southeast Asia. The second section reviews variations in responses to public opinion polls on a number of civil and economic rights. A strong coherence in …
Appeal No. 0985: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0985: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2020-11, 2020-109 & 2020-114; Wiley A Unit; Wiley B Unit, Wiley C. Unit (Eclipse Resources I, LP)
Appeal No. 0986: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0986: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2020-11, 2020-109 & 2020-114; Wiley A Unit; Wiley B Unit, Wiley C. Unit (Eclipse Resources I, LP)
Appeal No. 0984: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0984: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2020-11, 2020-109 & 2020-114; Wiley A Unit; Wiley B Unit, Wiley C. Unit (Eclipse Resources I, LP)
Creating Space For Community Representation In Police Reform, Ayesha Bell Hardaway
Creating Space For Community Representation In Police Reform, Ayesha Bell Hardaway
Faculty Publications
Input from affected communities is an essential component of the reform process aimed at remedying unconstitutional police practices. Yet, no court in DOJ-initiated police reform consent decree cases has ever granted a community organization’s motion to intervene as a matter of right. Judicial opinions in those cases have largely truncated the Federal Civil Rule 24 analysis when evaluating the interests of impacted communities. Thus, the most success achieved by a small few has been permissive intervention or amici status. The models used by the Department of Justice to elicit the community perspective have largely been frustrating and have failed to …
Domestic Violence By Proxy: A Framework For Considering A Child’S Return Under The 1980 Hague Convention On The Civil Aspects Of International Child Abduction’S Article 13(B) Grave Risk Of Harm Cases Post Monasky, Andrew Zashin
Faculty Publications
This article offers a new approach for analyzing the 13(b) grave risk of harm defense, specifically as it relates to victims of domestic violence and their children, that is both practical and clear, and rooted in principles that are grounded in American jurisprudence that will result in more consistent rulings. Part I of this article provides background to the text of the Hague Convention, including the purposes of the text, the systematic return of a child to his or her habitual residence, the Article 13(b) grave risk of harm exception, and the role of undertakings. In Part II, the facts …
A Salt Cap Workaround That Works? Notice 2020-75, Erik M. Jensen
A Salt Cap Workaround That Works? Notice 2020-75, Erik M. Jensen
Faculty Publications
In November 2020, after the election was over, in form at least, the Treasury and the IRS issued Notice 2020-75, announcing that proposed regulations will be issued governing the treatment of new state laws that impose income taxes on what are passthrough entities for federal income tax purposes. Those laws are clearly intended to provide a way to circumvent the cap on the deductibility of state and local taxes (SALT) included in the Tax Cuts and Jobs Act of 2017, and the Notice is very taxpayer friendly in its understanding of these arrangements. This article considers the particulars and the …
Free Speech & Abortion: The First Amendment Case Against Compelled Motherhood, Raymond Shih Ray Ku
Free Speech & Abortion: The First Amendment Case Against Compelled Motherhood, Raymond Shih Ray Ku
Faculty Publications
The most important lessons are taught by example. Children learn the fundamental values that guide them throughout their lives from the examples set by their parents, especially their mothers. Even before they understand a language, they learn by observing and imitating the actions of their parents. For almost fifty years Roe v Wade guaranteed pregnant women the freedom to determine whether to carry their pregnancy to term. The right to obtain a safe abortion prior to viability is the most significant and controversial aspect of this freedom. The Supreme Court is now poised to overturn what it previously described as …
Developments Affecting Intercollegiate Athletics And Taxation, Erik M. Jensen
Developments Affecting Intercollegiate Athletics And Taxation, Erik M. Jensen
Faculty Publications
Developments affecting whether some college athletic teams will be subject to the unrelated business income tax (UBIT) continue and may be accelerating. This article describes the relevant events over the past decade or so, and focuses on new rules generally permitting college athletes to benefit financially from marketing their names, images, and likenesses (NILs), and on the Supreme Court’s 2021 decision in National Collegiate Athletic Association v. Alston. Alston wasn’t a tax case, but what the Court said about the application of the Sherman Antitrust Act to the NCAA’s limitations on providing college athletes with education-related benefits seems to call …
The Legal And Administrative Risks Of Climate Regulation, Jonathan Adler
The Legal And Administrative Risks Of Climate Regulation, Jonathan Adler
Faculty Publications
Dramatic and rapid reductions in greenhouse gas emissions are necessary to stabilize atmospheric concentrations of greenhouse gases (GHGs) at acceptable levels. Prioritizing federal environmental regulation as the primary means of achieving these goals may be a strategic mistake. Regulatory mandates, particularly if based upon existing statutory authority, will be vulnerable to legal attack, obstruction, and delay. Climate legislation can reduce the legal risks and accelerate the rate of policy implementation, but only on the margin. Adopting regulatory controls, sector-by-sector, technology-by-technology will be immensely resource intensive for the EPA and other federal agencies. Even with authorizing legislation, federal regulatory strategies may …
The American Rescue Plan Act And State Tax Cuts, Jonathan L. Entin
The American Rescue Plan Act And State Tax Cuts, Jonathan L. Entin
Faculty Publications
No abstract provided.
A Paradigm Shift In Comparative Institutional Governance: The Role Of Contract In Business Relationships And Cost/Benefit Analysis, Juliet P. Kostritsky
A Paradigm Shift In Comparative Institutional Governance: The Role Of Contract In Business Relationships And Cost/Benefit Analysis, Juliet P. Kostritsky
Faculty Publications
Stewart Macaulay’s research on the ways that Wisconsin manufacturers transact debunked the centrality of contract law by revealing a disinclination to consult contract documents or invoke legal sanctions. This research revolutionized contracts scholarship, highlighting that a contract, instead of being viewed as an inevitable necessity of exchange, should be viewed as one of many institutions that might be available to parties as a solution to problems and a method for facilitating exchange. Macaulay’s research further revealed that the cost of legal sanctions, the importance of maintaining business relationships, and the desire for informal solutions actually push parties to conclude that …
When Can Taxpayers Invoke The Substance-Over-Form Doctrine?, Erik M. Jensen
When Can Taxpayers Invoke The Substance-Over-Form Doctrine?, Erik M. Jensen
Faculty Publications
This article considers the circumstances under which taxpayers can disavow the form of a transaction they enter in order to claim better tax consequences based on the substance of the transaction. In some situations, the disavowal is noncontroversial because the Internal Revenue Service has blessed the transactions. In a few situations where the Service resists, however, taxpayers are sometimes successful anyway. The focus of the article is on the Tax Court’s 2021 decision in Complex Media, Inc. v. Commissioner, and substantial discussion is devoted to the Third Circuit’s well-known, and sometimes controversial, 1967 decision in Commissioner v. Danielson.
News Flash: Pay Your Federal Income Taxes; The Sixteenth Amendment Was Properly Ratified, Erik M. Jensen
News Flash: Pay Your Federal Income Taxes; The Sixteenth Amendment Was Properly Ratified, Erik M. Jensen
Faculty Publications
The idea got around years ago—and it’s still around in tax-protester circles—that the Sixteenth Amendment wasn’t properly ratified and therefore that no legal obligation exists to pay federal income taxes. Wrong! The Amendment process was sloppy, but nothing happened that calls the legitimacy of the Amendment into question, particularly since the relevant officials considered the ratification issues in 1913, when the Amendment was formally adopted.
Masthead, Volume 53
Masthead, Volume 53
Case Western Reserve Journal of International Law
No abstract provided.
Killing Qasem Soleimani: International Lawyers Divided And Conquered, Luca Ferro
Killing Qasem Soleimani: International Lawyers Divided And Conquered, Luca Ferro
Case Western Reserve Journal of International Law
No abstract provided.
The Geography Of Abortion Rights, B. Jessie Hill
The Geography Of Abortion Rights, B. Jessie Hill
Faculty Publications
Total or near-total abortion bans passed in recent years have garnered tremendous public attention. But another recent wave of more modest-looking abortion restrictions consists of laws regulating the geography of abortion provision through management of spaces, places, and borders. In the 1990s and early 2000s, numerous states adopted laws regulating the physical spaces where abortions can be performed. These laws include mandates that abortions be performed in particular kinds of places, such as ambulatory surgical centers, or that abortion-providing facilities have agreements in place with local hospitals. One consequence of such regulations has been to reduce the availability of abortion …
Political Climate And Catastrophes: The Effects Of Notorious Events On Public Library Collections, Both Then And Now, Joseph A. Custer
Political Climate And Catastrophes: The Effects Of Notorious Events On Public Library Collections, Both Then And Now, Joseph A. Custer
Faculty Publications
This paper explores four different cases in the early 1950s of “Red Scare” tactics that influenced the freedoms that patrons using public libraries have enjoyed. The paper will also examine, at various points, the censorship parallels in the early 1950s to the contemporary political climate and the fallout of the Great Depression to the current catastrophe, COVID-19. The paper reviews the fallout from the Great Depression and how the world’s depression helped catapult Adolph Hitler of Germany to power. Hitler severely restricted or eliminated freedoms of expression, and the Trump administration’s actions reflect some of those same restrictions.
Volume 31 (2021), Health Matrix: Journal Of Law-Medicine
Volume 31 (2021), Health Matrix: Journal Of Law-Medicine
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Perfluoroalkyl And Polyfluoroalkyl Substances: Using Law And Policy To Address These Environmental Health Hazards In The United States, Jennifer Black, Amanda Moreland, Montrece Mcneill Ransom, Emely Sanchez
Perfluoroalkyl And Polyfluoroalkyl Substances: Using Law And Policy To Address These Environmental Health Hazards In The United States, Jennifer Black, Amanda Moreland, Montrece Mcneill Ransom, Emely Sanchez
Health Matrix: The Journal of Law-Medicine
No abstract provided.
A Key To Clarity: How Clearinghouses May Improve Health Care, Anna F. Borromeo
A Key To Clarity: How Clearinghouses May Improve Health Care, Anna F. Borromeo
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Environmental Health, Public Health, Or Individual Health? The Complications Of Using Eco-Labels For Food Governance, Steph Tai
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Masthead, Case Western Reserve Journal Of Law, Technology & The Internet
Masthead, Case Western Reserve Journal Of Law, Technology & The Internet
Journal of Law, Technology, & the Internet
No abstract provided.
“Ok Google” Play The National Anthem: Arms Control And Eminent Domain To Maintain America’S Technological Advantage, Major Johnathan J. Rudy
“Ok Google” Play The National Anthem: Arms Control And Eminent Domain To Maintain America’S Technological Advantage, Major Johnathan J. Rudy
Journal of Law, Technology, & the Internet
The country that first controls and dominates emerging technologies such as artificial intelligence and quantum computing will have the power to re-shape the world to their benefit. The US federal government has historically been the source of breakthroughs in technology and science, but Silicon Valley now controls much of the technology development needed for future defense and weapons systems. Driven by profit, the private sector has been more open to dealing new technologies to foreign adversaries while the US national security apparatus has a vested interest in ensuring powerful new technologies remain unattainable to countries that may wish harm to …
Gerhart And Private Law's Melody Of Reasonableness, Mark P. Gergen
Gerhart And Private Law's Melody Of Reasonableness, Mark P. Gergen
Case Western Reserve Law Review
No abstract provided.
Volume 71 Issue 4 (2021), Case Western Reserve Law Review
Volume 71 Issue 4 (2021), Case Western Reserve Law Review
Case Western Reserve Law Review
No abstract provided.
Sidney Picker: King Of The Manor, Lewis R. Katz
Sidney Picker: King Of The Manor, Lewis R. Katz
Case Western Reserve Law Review
No abstract provided.
Ending The Federal Cannabis Prohibition: Lessons Learned From The History Of Alcohol Regulations, Twenty-First Amendment, And Dormant Commerce Clause Jurisprudence, Changdae Baek
Case Western Reserve Law Review
No abstract provided.
Arbitration And Rule Production, Christopher R. Drahozal
Arbitration And Rule Production, Christopher R. Drahozal
Case Western Reserve Law Review
No abstract provided.