Law Commons^™

Volume 6 Issue 4 (1955), Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Rethinking The State Sovereignty Interest In Personal Jurisdiction, Jeffrey M. Schmitt

Case Western Reserve Law Review

The Supreme Court has never articulated a coherent theoretical justification for the law of personal jurisdiction. While some opinions state that the law is based on state sovereignty, others hold that it is instead derived exclusively from the Due Process Clause’s concern for fairness. None of the opinions, however, clearly ties either of these theories to the blackletter law of personal jurisdiction. This confusion over the purpose of the doctrine has helped to create divisions both within the Court and among the Circuits on a number of important jurisdictional issues.

This Article argues that the law of personal jurisdiction must …

Masthead, Volume 66 Issue 4 (2016)

Case Western Reserve Law Review

No abstract provided.

Perceived-As Plaintiffs: Expanding Title Vii Coverage To Discrimination Based On Erroneous Perception, Elizabeth E. Aronson

Case Western Reserve Law Review

No abstract provided.

“‘Tis The Time’S Plague When Madmen Lead The Blind”: How The Irs Can Prevent Pyramid-Scheme Formation (And Why It Should), James Walsh

Case Western Reserve Law Review

No abstract provided.

Volume 66 Issue 4 (2016), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Symposium Whren At Twenty: Systemic Racial Bias And The Criminal Justice System -- Introduction, Lewis R. Katz

Case Western Reserve Law Review

Introduction to the Symposium Whren at Twenty: Systemic Racial Baia and the Criminal Justice System

Privacy, Sharing, And Trust: The Facebook Study, Ari Ezra Waldman

Case Western Reserve Law Review

Using sharing on Facebook as a case study, this Article presents empirical evidence suggesting that trust is a significant factor in individuals’ willingness to share personal information on online social networks. I then make two arguments, one that explains why Facebook is designed the way it is and one that calls for legal protection against unfair manipulation of users. I argue that Facebook is built on trust: the trust that exists between friends and the trust that exists between users and the platform. In particular, I describe how Facebook designs its platform and interface to leverage the trust we have …

Tribute To Professor Ken Margolis, Peter M. Gerhart

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Ken Margolis, Judith Lipton

Case Western Reserve Law Review

No abstract provided.

Demanding A Speedy Trial: Re-Evaluating The Assertion Factor In The Baker V. Wingo Test, Seth Osnowitz

Case Western Reserve Law Review

No abstract provided.

Arbitrary Law Enforcement Is Unreasonable: Whren'S Failure To Hold Police Accountable For Traffic Enforcement Policies, Jonathan Witmer-Rich

Case Western Reserve Law Review

Part I frames the problem in Whren with a story. Part II sets forth the fundamental Fourth Amendment principle underlying this article— the prohibition against arbitrary search and seizure. Part III explains how arbitrariness applies to Whren, and to police enforcement policies. Part IV describes pretextual traffic stops as a form of entrapment. Part V addresses the Whren Court’s concern that the Fourth Amendment should not vary from place to place. Part VI notes that arbitrariness is distinct from discrimination, and acknowledges that ending arbitrariness would not necessarily end discriminatory law enforcement.

Masthead, Volume 66 Issue 3 (2016)

Case Western Reserve Law Review

No abstract provided.

Volume 66 Issue 3 (2016), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

The Time Has Come: A Proposed Revision To 17 U.S.C. § 203, Amy Gilbert

Case Western Reserve Law Review

Due to its unintended negative effects on authors, the industry, and society and, as a result, its failure to accomplish the purpose of having such a provision in the first place, this Note argues that Section 203 should be revised. The proposed solution limits the broad language that makes the statute inalienable to situations in which the purpose of the provision would be furthered and narrows the statute’s far too expansive notice requirements. This revision takes into account the nature of the industry in terms of risks and the recent technological developments by upholding the ideals of freedom of contract …

Preventing Conflict Or Descending An Iron Curtain? Buffer-Zone Laws And Balancing Histories Of Disruption With Free Speech, Nate Nasrallah

Case Western Reserve Law Review

This article proposes that courts and lawmakers look to two factors to help determine whether a given law is necessary. First, they should evaluate the extent of the law’s history of disruption. To do this, they should ask whether the history is pervasive, whether it is egregious, whether it calls for immediate action, and whether it is particular. Second, courts and lawmakers should examine the degree to which the disruption impedes upon the government’s interest. If logic dictates that the government cannot advance its interest so long as the prohibited conduct persists, then the government does not need to show …

China - Hp-Ssst And Price Undercutting, Brendan Saslow

Case Western Reserve Law Review

Chinese steel is also relevant to how China treats steel imports. China—HP-SSST involves an antidumping investigation conducted by Chinese authorities to determine whether European and Japanese manufacturers were dumping HP-SSSTs in China. This case comment presents an overview of China—HP-SSST. It focuses on the current Chinese injury analysis under WTO and Chinese law. Part I provides a brief overview of WTO antidumping laws and injury analysis proceedings. Part II summarizes the Appellate Body’s critical holdings in China— HP-SSST. Part III concludes with a critique of the case’s key holding, on price undercutting, and considers statistics about China as a respondent …

2016 Sumner Canary Memorial Lecture: Of Lions And Bears, Judges And Legislators, And The Legacy Of Justice Scalia, Honorable Neil M. Gorsuch

Case Western Reserve Law Review

Mark me down too as a believer that the traditional account of the judicial role Justice Scalia defended will endure. Let me offer you tonight three reasons for my faith on this score. *

Doubling Down On Racial Discrimination: The Racially Disparate Impacts Of Crime-Based Removals, Kevin R. Johnson

Case Western Reserve Law Review

Part I of this Article considers parallel developments in the law that contribute to what can be characterized as the emergence of nothing less than a Latina/o removal system. It first considers the Supreme Court’s implicit sanctioning of race-conscious law enforcement in the United States, with the centerpiece of this symposium, Whren v. United States, perhaps the most well-known example. Second, it summarizes the trend over the last twenty years toward greatly increased cooperation between state and local law enforcement agencies and federal immigration enforcement authorities. Part I proceeds to analyze how and why an increasing number of state and …

State Responses To The Whren Decision, Margaret M. Lawton

Case Western Reserve Law Review

In Part I, this Article briefly discusses the Whren decision. Part II discusses the three states that have considered whether to divert from the Whren decision under their own state constitutions. This Article then concludes that while these states have made efforts to combat traffic stops initiated on unconstitutional grounds, such as racial profiling, these state courts are finding it hard to do in the absence of police admission of using a pretext. While this case law suggests that other means of addressing police use of pretext would be more effective than relying on state constitutional law remedies, the Washington …

A Proposal To Eliminate A Black Market For Children, Sean Mcintyre

Case Western Reserve Law Review

Part I will analyze the factual background behind rehoming. Part II will analyze the legal background of rehoming, focusing on an analysis of international adoption law and transfer of custody pursuant to a power of attorney document. Part III will propose solutions at the federal level in order to curb the prevalence of rehoming.

The Wall That Aedpa Built: Revisiting The Suspension Clause Challenge To The Antiterrorism And Effective Death Penalty Act, Nathan Nasrallah

Case Western Reserve Law Review

Part I gives background on AEDPA, points out what Section 2254(d)(1) does, explains why AEDPA’s standard of review is problematic, and introduces the Suspension Clause challenge. Part II describes the writ of habeas corpus at common law and observes that there are two versions of habeas’s history, a narrow version and a functionalist version. The functionalist approach is essential to a strong attack on AEDPA. Part III introduces the age-old debate over the writ’s constitutional scope. To formulate the best Suspension Clause challenge to Section 2254(d)(1), a challenger should argue that: (1) the Suspension Clause impliedly guarantees a right, or …

Tribute To Professor Ken Margolis, Peter A. Joy

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Ken Margolis, Mathew J. Rossman

Case Western Reserve Law Review

No abstract provided.

Thick Marks, Thin Marks, Michael Grynberg

Case Western Reserve Law Review

This conception of thick or thin protection is part of routine trademark disputes, but it has more interesting implications for trademark law. Trademarks do more than identify a product’s source. They embody connotative and abstract meanings over which trademark owners seek control. Traditional trademark doctrine is often ill-suited to resolve the resulting litigation. One way courts respond is by calibrating thickness of protection. Judges receptive to the expansion of trademark rights may grant thick protection; skeptical judges, thin. This shortcut frustrates the development of precedent. Treating a mark as thin, for example, enables courts to resist broad trademark claims without …

Volume 67 Issue 1 (2016), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Vawa 2013’S Right To Appointed Counsel In Tribal Court Proceedings—A Rising Tide That Lifts All Boats Or A Procedural Windfall For Non-Indian Defendants?, Jordon Gross

Case Western Reserve Law Review

No abstract provided.

The Future Of Class-Action Waivers In Consumer Contract Arbitration Agreements After Directv, Inc. V. Imburgia , Kristina Moore

Case Western Reserve Law Review

No abstract provided.

The Danger Zone: How The Dangerousness Standard In Civil Commitment Proceedings Harms People With Serious Mental Illness, Sara Gordon

Case Western Reserve Law Review

Almost every American state allows civil commitment upon a finding that a person, as a result of mental illness, is gravely disabled and unable to meet their basic needs for food and shelter. Yet in spite of these statutes, most psychiatrists and courts will not commit an individual until they are found to pose a danger to themselves or others. All people have certain rights to be free from unwanted medical treatment, but for people with serious mental illness, those civil liberties are an abstraction, safeguarded for them by a system that is not otherwise ensuring access to shelter and …

An Idea Of Authorship: Orson Welles, The War Of The Worlds Copyright, And Why We Should Recognize Idea-Contributors As Joint Authors, Timothy J. Mcfarlin

Case Western Reserve Law Review

Did Orson Welles co-author the infamous War of the Worlds broadcast? The Ninth Circuit Court of Appeals has told us no, primarily because he only contributed the idea behind the broadcast, and ideas alone can’t be copyrighted. “An Idea of Authorship” challenges this premise—that ideas, no matter how significant, cannot qualify for joint authorship in collaborative works—and argues that we as a society should, under certain circumstances, recognize idea-contributors like Welles as joint authors. We should do so to further our society’s interest in encouraging future creations, as well as out of a sense of equity and fairness to idea-contributors, …