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Articles 481 - 510 of 3960
Full-Text Articles in Law
Thin Blue Lies: How Pretextual Stops Undermine Police Legitimacy, Jonathan Blanks
Thin Blue Lies: How Pretextual Stops Undermine Police Legitimacy, Jonathan Blanks
Case Western Reserve Law Review
Whren v. United States clarified the Supreme Court’s support of the practice of pretextual stops—using minor traffic violations as a reason to stop a person in order to investigate suspicious activity. However, a tactic’s legality does not make it inherently ethical, just, or effective. The following essay considers the role of pretextual stops in relation to police departments’ relationship with minority communities, particularly black communities. I argue that pretextual stops are one part of a larger and deeply troubling mélange of legal fictions, intentional deception of the innocent, and perverse incentives that undermine the perceptions of legitimacy of law enforcement, …
Whren'S Flawed Assumptions Regarding Race, History, And Unconscious Bias, William M. Carter Jr.
Whren'S Flawed Assumptions Regarding Race, History, And Unconscious Bias, William M. Carter Jr.
Case Western Reserve Law Review
I want to talk very briefly about some of the flaws in Whren as a matter of constitutional history, doctrine, and social psychology. Those issues have been discussed throughout this symposium, so I will only touch upon them briefly. I will then discuss some legal developments in equal protection doctrine post-Whren. Finally, I will suggest a possible path forward. A great deal of my scholarship over the years has been in the field of the Thirteenth Amendment. I will, therefore, suggest that we can reconceptualize racially motivated, pretextual police encounters as a Thirteenth Amendment issue rather than as either a …
Interrupting The Blight Cycle: Managing The Future Of Properties In Tax Foreclosure Sales Through Pre- And Post-Sale Initiatives, Ellen Kirtner
Interrupting The Blight Cycle: Managing The Future Of Properties In Tax Foreclosure Sales Through Pre- And Post-Sale Initiatives, Ellen Kirtner
Case Western Reserve Law Review
This Note will examine the Wayne County’s novel use of a reverter plan in its postauction tactics, along with its preauction tactics, to suggest when and how other local governments may successfully apply similar programs to their own problems with blight and delinquency following tax auctions. This Note will also consider from a practical, policy perspective whether reverter programs are actually the best choice for local governments struggling with vacant, blighted, and tax delinquent properties. Because Wayne County took such a drastic measure to combat tax delinquency and blight in such an accelerated process, this Note focuses on the economic …
Volume 67 Issue 1 (2016), Case Western Reserve Law Review
Volume 67 Issue 1 (2016), Case Western Reserve Law Review
Case Western Reserve Law Review
No abstract provided.
Masthead, Volume 67 Issue 1 (2016)
Masthead, Volume 67 Issue 1 (2016)
Case Western Reserve Law Review
No abstract provided.
The Beast Of Burden In Immigration Bond Hearings, Mary Holper
The Beast Of Burden In Immigration Bond Hearings, Mary Holper
Case Western Reserve Law Review
No abstract provided.
"Other Than Honorable" Discrimination, Marcy L. Karin
"Other Than Honorable" Discrimination, Marcy L. Karin
Case Western Reserve Law Review
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is the most comprehensive federal civil rights law that exists related to the workplace. Its goal is to help people who serve in the military reintegrate back into civilian work and remain attached to the workforce. It does so by offering a mix of anti-discrimination protection and labor standards. Despite the promise of robust reemployment rights and post-service assistance, Congress has excluded people with a certain “character of service,” including those with “other than honorable” separations, from these protections. This statutory exclusion has a disparate impact on people with service-connected disabilities, …
Growing Jardines: Expanding Protections Against Warrantless Dog Sniffs To Multiunit Dwellings, Eric Connon
Growing Jardines: Expanding Protections Against Warrantless Dog Sniffs To Multiunit Dwellings, Eric Connon
Case Western Reserve Law Review
No abstract provided.
Braking The Rules: Why State Courts Should Not Replicate Amendments To The Federal Rules Of Civil Procedure, Stephen N. Subrin, Thomas O. Main
Braking The Rules: Why State Courts Should Not Replicate Amendments To The Federal Rules Of Civil Procedure, Stephen N. Subrin, Thomas O. Main
Case Western Reserve Law Review
No abstract provided.
The Economic/Noneconomic Activity Distinction Under The Commerce Clause, David M. Driesen
The Economic/Noneconomic Activity Distinction Under The Commerce Clause, David M. Driesen
Case Western Reserve Law Review
No abstract provided.
The Third Amendment Incorporated: “Soldiers” And Domestic Law Enforcement, Chad Aronson
The Third Amendment Incorporated: “Soldiers” And Domestic Law Enforcement, Chad Aronson
Case Western Reserve Law Review
No abstract provided.
Personhood Amendments After Whole Woman’S Health V. Hellerstedt, Steven R. Morrison
Personhood Amendments After Whole Woman’S Health V. Hellerstedt, Steven R. Morrison
Case Western Reserve Law Review
Over the past six years, pro-life advocates have used Targeted Regulation of Abortion Provider (TRAP) laws and state-level constitutional personhood amendments to end abortion. The United States Supreme Court’s recent opinion in Whole Woman’s Health v. Hellerstedt suggests that the TRAP strategy will give way to a greater push for personhood amendments. This is so for three reasons. First, Whole Woman’s Health undermined the woman’s-health basis for TRAP laws and may encourage advocates to refocus their efforts on fetal rights. Second, Whole Woman’s Health limited the types of statutes that can survive judicial scrutiny, but left constitutional amendments untouched. Third, …
Masthead, Volume 67 Issue 2 (2016)
Masthead, Volume 67 Issue 2 (2016)
Case Western Reserve Law Review
No abstract provided.
Racial Profiling: A Persistent Civil Rights Challenge Even In The Twenty-First Century, Ronnie A. Dunn
Racial Profiling: A Persistent Civil Rights Challenge Even In The Twenty-First Century, Ronnie A. Dunn
Case Western Reserve Law Review
This article examines the existence of racial profiling in traffic ticketing data.
Masthead, Volume 65 Issue 3 (2015)
Masthead, Volume 65 Issue 3 (2015)
Case Western Reserve Law Review
No abstract provided.
Modern-Day Nullification: Marijuana And The Persistence Of Federalism In An Age Of Overlapping Regulatory Jurisdiction, Ernest A. Young
Modern-Day Nullification: Marijuana And The Persistence Of Federalism In An Age Of Overlapping Regulatory Jurisdiction, Ernest A. Young
Case Western Reserve Law Review
No abstract provided.
Controlling Underage Access To Legal Cannabis, Steven Davenport, Jonathan P. Caulkins, Mark A.R. Kleiman
Controlling Underage Access To Legal Cannabis, Steven Davenport, Jonathan P. Caulkins, Mark A.R. Kleiman
Case Western Reserve Law Review
No abstract provided.
Problems At The Register: Retail Collection Of Personal Information And The Data Breach, Glenn A. Blackmon
Problems At The Register: Retail Collection Of Personal Information And The Data Breach, Glenn A. Blackmon
Case Western Reserve Law Review
No abstract provided.
Empirical Doctrine, Jessie Allen
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, …
Relaxing Rule 9(B): Why False Claims Act Relators Should Be Held To A Flexible Pleading Standard, Sara A. Smoter
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 …
The Unlikely Meeting Between Dzhokhar Tsarnaev And Benjamin Quarles, Brian Gallini
The Unlikely Meeting Between Dzhokhar Tsarnaev And Benjamin Quarles, Brian Gallini
Case Western Reserve Law Review
Part I explores the Marathon Bombing in more detail alongside the government’s reliance on Quarles to interrogate Tsarnaev. Part II then seeks to place the Tsarnaev interrogation in the context of modern judicial constructions of the public safety exception. Doing so firmly illustrates that the government’s position was unsupported by judicial precedent.
By focusing on the Quarles decision itself, Part III then seeks to provide a proper historic context for the government’s decision not to read Tsarnaev his Miranda warnings. In particular, Part III considers the Justices’ private papers from Quarles to demonstrate that the Court never considered anything beyond …
State Regulation And The Necessary And Proper Clause, William Baude
State Regulation And The Necessary And Proper Clause, William Baude
Case Western Reserve Law Review
No abstract provided.
Improving Regulatory Accountability: Lessons From The Past And Prospects For The Future, Susan E. Dudley
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
Politics Of Nonenforcement, Zachary S. Price
Case Western Reserve Law Review
No abstract provided.
Masthead, Volume 66 Issue 2 (2015)
Masthead, Volume 66 Issue 2 (2015)
Case Western Reserve Law Review
No abstract provided.
National Football League Management Council V. National Football League Players Association: Deflategate Reviewed, Zachary J. Lafleur
National Football League Management Council V. National Football League Players Association: Deflategate Reviewed, Zachary J. Lafleur
Case Western Reserve Law Review
It is easy to dismiss the decision as the conclusion of an overreported story that relates to an over-reported league, but Deflategate and the facts surrounding the case provide unique insight into the tensions that exist between the NFL’s commissioner, owners, the players’ union, players, and fans.
Volume 65 Issue 3 (2015), Case Western Reserve Law Review
Volume 65 Issue 3 (2015), Case Western Reserve Law Review
Case Western Reserve Law Review
No abstract provided.
What Will Federal Marijuana Reform Look Like?, Alex Kreit
What Will Federal Marijuana Reform Look Like?, Alex Kreit
Case Western Reserve Law Review
No abstract provided.
What Is The Stray Remarks Doctrine? An Explanation And A Defense, David M. Litman
What Is The Stray Remarks Doctrine? An Explanation And A Defense, David M. Litman
Case Western Reserve Law Review
No abstract provided.
Volume 65 Issue 4 (2015), Case Western Reserve Law Review
Volume 65 Issue 4 (2015), Case Western Reserve Law Review
Case Western Reserve Law Review
No abstract provided.