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Case Western Reserve University School of Law

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Articles 1 - 30 of 2010

Full-Text Articles in Law

Appeal No. 1016: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1016: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1018: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1018: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1017: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1017: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1019: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1019: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1015: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1015: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1020: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1020: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1022: Peter J. & Beth B. Dewitt V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2023

Appeal No. 1022: Peter J. & Beth B. Dewitt V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-285; Oliver CR Mon North Unit (EAP Ohio, LLC)


Appeal No. 1014: Miley Gas Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2023

Appeal No. 1014: Miley Gas Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-156 (Plug Order, Bond/Weirton Steel 12 Well)


Appeal No. 1004: Eric Petroleum Corporation, Et Al. V. Division Of Oil & Gas Resources Management And Eap Ohio, Llc, Ohio Oil & Gas Commission Feb 2023

Appeal No. 1004: Eric Petroleum Corporation, Et Al. V. Division Of Oil & Gas Resources Management And Eap Ohio, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-173 Dawson South Unit (EAP Ohio LLC)


Appeal No. 1013: Victor Mckenzie Drilling, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2023

Appeal No. 1013: Victor Mckenzie Drilling, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-72


Dual Fiduciaries: Unicorns, Corporate Law And The New Frontier, Anat Alon-Beck Jan 2023

Dual Fiduciaries: Unicorns, Corporate Law And The New Frontier, Anat Alon-Beck

Faculty Publications

Legal and regulatory structures influence the shift in equities in the United States from public markets to private markets, entrepreneurial opportunities and new firm formation. There is a rise in the number of “unicorn” firms, which are privately held venture-capital backed startups that are valued at $1 billion or more. The number of unicorns in the United States and overseas has grown exponentially over the last few years. This chapter discusses the rise of the unicorns and with it the increasing importance of corporate governance and fiduciary duties. There are new vertical and horizontal conflicts among common and preferred shareholders …


"Other Inhumane Acts Of A Similar Character Intentionally Causing Great Suffering." Does Ecocide Fit Within The Bounds Of Crimes Against Humanity?, Amanda Price Jan 2023

"Other Inhumane Acts Of A Similar Character Intentionally Causing Great Suffering." Does Ecocide Fit Within The Bounds Of Crimes Against Humanity?, Amanda Price

Alumni Publications

Article 7(1)(k) of the Rome Statute includes “other inhumane acts of a similar character,” within the enumerated acts of Crimes Against Humanity. This Note examines whether certain acts of ecocide may be prosecuted by the ICC under this provision, proposes a definition for ecocide in a Crimes Against Humanity context, and analyzes whether Bolsonaro’s destruction of the Amazon as alleged by 2021 AllRise Complaint could be prosecuted in the ICC as a Crime Against Humanity.


Litigating Partial Autonomy, Cassandra Burke Robertson Jan 2023

Litigating Partial Autonomy, Cassandra Burke Robertson

Faculty Publications

Who is responsible when a semi-autonomous vehicle crashes? Automobile manufacturers claim that because Advanced Driver Assistance Systems (ADAS) require constant human oversight even when autonomous features are active, the driver is always fully responsible when supervised autonomy fails. This Article argues that the automakers’ position is likely wrong both descriptively and normatively. On the descriptive side, current products liability law offers a pathway toward shared legal responsibility. Automakers, after all, have engaged in numerous marketing efforts to gain public trust in automation features. When drivers’ trust turns out to be misplaced, drivers are not always able to react in a …


Sanctions And Consequences: Third-State Impacts And The Development Of International Law In The Shadow Of Unilateral Sanctions On Russia, Avidan Cover Jan 2023

Sanctions And Consequences: Third-State Impacts And The Development Of International Law In The Shadow Of Unilateral Sanctions On Russia, Avidan Cover

Faculty Publications

In response to Russia’s invasion of Ukraine, NATO member states and their allies have imposed “unprecedented,” unilateral economic sanctions to hold Russia accountable, degrade its military capability, and limit its international financial access.1 From the outset, sanctioning states such as the United States have stated that they “designed these sanctions to maximize the long-term impact on Russia and to minimize the impact on [themselves and their] allies.”2 These sanctions on an economic power like Russia “have global economic effects far greater than anything seen before.”3 And there is concern that the unintended consequences of the sanctions will disproportionately harm developing …


Speech Regulation And Tobacco Harm Reduction, Jonathan Adler, Jacob James Rich Jan 2023

Speech Regulation And Tobacco Harm Reduction, Jonathan Adler, Jacob James Rich

Faculty Publications

Regulation of commercial speech is a major component of federal regulation of tobacco products. Since adoption of federal tobacco legislation, the Food and Drug Administration has asserted regulatory authority over ENDS and other vaping products as “tobacco products,” subjecting them to the same regulatory regime as traditional tobacco products even though such projects appear to pose less of a threat to public health. Such regulation, and the restriction on truthful speech in particular, may be having negative consequences for public health. Barring producers from informing consumers about the relative risks of vaping products and their potential to reduce smoking eliminates …


History's Speech Acts, Jessie Hill Jan 2023

History's Speech Acts, Jessie Hill

Faculty Publications

This Essay considers the historic relationship between symbolic public expressions of racial and religious identity—in particular, Confederate symbols and Christian religious displays. These displays sometimes comprise shared symbology, and the adoption of this symbology overlaps at distinct moments in U.S. history in which Confederate and Christian symbolism converged to express messages of combined religious and racial superiority. This Essay argues that these forms of expression can best be understood as “speech acts” that seek to construct a particular social reality, often in defiance of political and social fact. They thus not only express but also enact social hierarchies. It further …


The Patient's Voice: Legal Implications Of Patient-Reported Outcome Measures, Sharona Hoffman, Andy Podgurski Jan 2023

The Patient's Voice: Legal Implications Of Patient-Reported Outcome Measures, Sharona Hoffman, Andy Podgurski

Faculty Publications

In recent years, the medical community has paid increasing attention to patients' own assessments of their health status. Even regulatory agencies, such as the Food and Drug Administration and the Centers for Medicare and Medicaid Services, are now interested in patient self-reports. The legal implications of this shift, however, have received little attention. This Article begins to fill that gap. It introduces to the legal literature a discussion that has been ongoing in the health care field.

Patient-reported outcome measures (PROMs) are reports of patients’ symptoms, treatment outcomes, and health status that are documented directly by patients, typically through electronic …


Tarnished Gold: The Endangered Species Act At 50, Jonathan Adler Jan 2023

Tarnished Gold: The Endangered Species Act At 50, Jonathan Adler

Faculty Publications

The ESA is arguably the most powerful and stringent federal environmental law on the books. Yet for all of the Act’s force and ambition, it is unclear how much the law has done much to achieve its central purpose: the conservation of endangered species. The law has been slow to recover listed species and has fostered conflict over land use and scientific determinations that frustrate cooperative conservation efforts. The Article aims to take stock of the ESA’s success and failures during its first fifty years, particularly with regard the conservation of species habitat on private land. While the Act authorizes …


Standing Without Injury, Jonathan Adler Jan 2023

Standing Without Injury, Jonathan Adler

Faculty Publications

It is well-established that injury in fact is an essential element of Article III standing, but should it be? Academics have long criticized the Supreme Court’s standing jurisprudence. These criticisms are now being echoed by federal judges. Judge Kevin Newsom, for one, has suggested existing standing jurisprudence has become ungrounded from constitutional text, incoherent, and administrable. He suggests abandoning injury in fact altogether, and recognizing broad congressional power to authorize causes of action to sue in federal court, subject only to those limits imposed by the executive branch’s obligation to “Take Care” that the laws are faithfully executed. In short, …


The Hidden Cost Of Contracting For Esg: A New Perspective On Private Ordering, Juliet P. Kostritsky, Jillian T. Fox, Blake Spiller Jan 2023

The Hidden Cost Of Contracting For Esg: A New Perspective On Private Ordering, Juliet P. Kostritsky, Jillian T. Fox, Blake Spiller

Faculty Publications

Currently, despite the increasing pressure on corporations to account for Environmental Social Governance (ESG) factors in their disclosures and actions, a lack of clarity on the meaning of ESG persists. ESG might be equivalent to stakeholderism, in which companies can sacrifice firm or shareholder market value to serve non-financial values. A second meaning would permit companies to pursue ESG only if it advanced the firm’s financial value. The second meaning poses no new challenges for corporate law.

This Article will address how the lack of clarity on ESG makes it difficult to assess whether a provision in a contract of …


Power Shift: The Return Of The Uniting For Peace Resolution, Michael P. Scharf Jan 2023

Power Shift: The Return Of The Uniting For Peace Resolution, Michael P. Scharf

Faculty Publications

In 2022, the United States dusted off the 1950 Uniting for Peace Resolution in order to obtain General Assembly condemnation of the Russian invasion of Ukraine. This was the first time in three decades that the Security Council and General Assembly had utilized the Uniting for Peace mechanism – a process designed to end-run a Security Council veto. Together with the General Assembly’s creation of the international investigative mechanism for Syria in 2016 over Russia’s objection, the use of the Uniting for Peace process to condemn Russia’s aggression represented a shift in power away from the Security Council and to …


Is The Clean Water Act Obsolete?, Jonathan Adler Jan 2023

Is The Clean Water Act Obsolete?, Jonathan Adler

Faculty Publications

The Clean Water Act (CWA) is fifty years old and has not been meaningfully revised in 35 years. Over this time, the CWA has helped to protect and improve water quality, but substantial water quality challenges remain including (but not limited to) nonpoint source water pollution. Given these challenge's and dramatic changes in the nature of and scientific understanding of today’s water quality challenges, it is appropriate to ask whether the CWA remains capable of fostering further environmental progress or whether it is obsolete. Prepared for the Case Western Reserve Law Review symposium on “The Clean Water Act at 50,” …


Appeal No. 1006 (2nd): Kevin J. Simballa V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2022

Appeal No. 1006 (2nd): Kevin J. Simballa V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2021-192 (Elkrun Wertz NE Unit; Hilcorp Energy Co.)


Appeal No. 1011: John M. Brown & Debra S. Brown V. Division Of Oil & Gas Resources Management And Ascent Resources ---Utica, Llc., Ohio Oil & Gas Commission Dec 2022

Appeal No. 1011: John M. Brown & Debra S. Brown V. Division Of Oil & Gas Resources Management And Ascent Resources ---Utica, Llc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-92; Lori NE SMF JF Unit (Ascent Resources -- Utica, LLC)


Appeal No. 0997: Awms Water Solutions, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2022

Appeal No. 0997: Awms Water Solutions, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-97 (AWMS #2 well)


Appeal No. 1002: Omni Energy Group Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2022

Appeal No. 1002: Omni Energy Group Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-179 & 2021-180 (Saltwater Injection Wells GMR #1 & GMR #2)


Appeal No. 1001: Omni Energy Group Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2022

Appeal No. 1001: Omni Energy Group Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-179 & 2021-180 (Saltwater Injection Wells GMR #1 & GMR #2)


Appeal No. 1005: Atlas Noble, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2022

Appeal No. 1005: Atlas Noble, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-182 (Thap William Unit 1 Well)


Appeal No. 1009: William Woolf V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Apr 2022

Appeal No. 1009: William Woolf V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-69; Mountz West CL HAN Unit (EAP Ohio, LLC)


Appeal No. 1006 (1st): Kevin J. Simballa V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2022

Appeal No. 1006 (1st): Kevin J. Simballa V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-192 (Elkrum Wentz NE Unit; Hilcorp Energy Co.)