Law Commons^™

Political Constraints On Unilateral Executive Action, Dino P. Christenson, Douglas L. Kriner

Case Western Reserve Law Review

No abstract provided.

Measuring Party Polarization In Congress: Lessons From Congressional Participation As Amicus Curiae, Neal Devins

Case Western Reserve Law Review

No abstract provided.

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

Case Western Reserve Law Review

No abstract provided.

Every Day Counts: Proposals To Reform Idea's Due Process Structure, Elizabeth A. Shaver

Case Western Reserve Law Review

It is a core principle of special education legislation that the parents of children with disabilities can challenge the child's educational programming through an administrative due process hearing. Yet for years the special education due process structure has been criticized as inefficient, anticollaborative, and prohibitively expensive. Those criticisms have given rise to widely varying proposals to reform special education due process, proposals that range from adding certain alternative dispute resolution mechanisms to a wholesale replacement of the due process structure.

This article provides a comprehensive analysis of special education dispute resolution. The article first examines the lively debate among scholars …

Opportunity-Cost Conflicts In Corporate Law, Abraham J.B. Cable

Case Western Reserve Law Review

Delaware corporate law has a new brand of loyalty claim: the opportunity-cost conflict. Such a conflict arises when a fiduciary operates under strong incentives to withdraw human and financial capital for redeployment into new investment opportunities. The concept has its roots in venture capital investing, where board members affiliated with venture capital funds may have incentives to shut down viable start-ups in order to focus on more promising companies.

Recognizing this type of conflict has conceptual value-it provides a coherent framework for assessing a fiduciary's incentives, and it may help explain frequently criticized features of corporate fiduciary law. But this …

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 …

Masthead, Volume 65 Issue 4 (2015)

Case Western Reserve Law Review

No abstract provided.

Derivative-Consent Doctrine And Open Windows: A New Method To Consider The Fourth Amendment Implications Of Mass Surveillance Technology, Alex Brown

Case Western Reserve Law Review

This Comment will show that the bulk collection of metadata from telephone calls and other electronic communications are permissible under the Fourth Amendment of the United States Constitution without a warrant. However, disclosing the contents of communications to government agencies and operating devices without the consent of their owner constitutes searches requiring a warrant.

What The Constitution Means By “Duties, Imposts, And Excises”—And "Taxes" (Direct Or Otherwise), Robert G. Natelson

Case Western Reserve Law Review

This Article recreates the original definitions of the U.S. Constitution’s terms “tax,” “direct tax,” “duty,” “impost,” “excise,” and “tonnage.” It draws on a greater range of Founding-Era sources than accessed heretofore, including eighteenth-century treatises, tax statutes, and literary sources, and it corrects several errors made by courts and previous commentators. It concludes that the distinction between direct and indirect taxes was widely understood during the Founding Era and that the term “direct tax” was more expansive than commonly realized.

The Article identifies the reasons the Constitution required that direct taxes be apportioned among the states by population. It concludes that …

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

Case Western Reserve Law Review

No abstract provided.

The Curious Case Of The Pompous Postmaster: Myers V. United States, Jonathan L. Entin

Case Western Reserve Law Review

No abstract provided.

Presidential Control Of Adjudication Within The Executive Branch, Harold J. Krent

Case Western Reserve Law Review

No abstract provided.

The Emerging Eighth Amendment Consensus Against Life Without Parole Sentences For Nonviolent Offenses, Bidish J. Sarma, Sophie Cull

Case Western Reserve Law Review

As the nation moves away from the policies that built a criminal justice system bent on mass incarceration, it is an appropriate time to reassess a sentencing regime that has doomed thousands of individuals convicted of nonviolent offenses to die in prison. Over the last thirty years, those policies have resulted in more than 3,000 offenders across the country receiving life sentences without the possibility of parole when they were convicted of a nonviolent crime. While it seems clear to many today that this harsh punishment is inappropriate for offenses that involved no physical harm to other people, the individuals …

Empirical Doctrine, Jessie Allen

Case Western Reserve Law Review

We can observe and measure how legal decision makers use formal legal authorities, but there is no way to empirically test the determinative capacity of legal doctrine itself. Yet discussions of empirical studies of judicial behavior sometimes conflate judges' attention to legal rules with legal rules determining outcomes. Doctrinal determinacy is not the same thing as legal predictability. The extent to which legal outcomes are predictable in given contexts is surely testable empirically. But the idea that doctrine's capacity to produce or limit those outcomes can be measured empirically is fundamentally misguided. The problem is that to measure doctrinal determinacy, …

Problems At The Register: Retail Collection Of Personal Information And The Data Breach, Glenn A. Blackmon

Case Western Reserve Law Review

No abstract provided.

Volume 66 Issue 2 (2015), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Rehabilitation Through Empowerment: Adopting The Consumer-Participation Model For Treatment Planning In Mental Health Courts, Mcdaniel M. Kelly

Case Western Reserve Law Review

Part I of this Note is a brief overview of the mental health court system. It is broken into two subparts: first, a brief description of the system’s goals and success; and, second, a brief overview of mental health courts’ general structure. The theme here is that the term “system” is really a misnomer, and there is plenty of room for development.

In Part II, I introduce some of the barriers to achieving voluntary participation. This section also has two subparts: first, a discussion on target participants’ reduced capacities; and, second, a description of the structural shortcomings in mental health …