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Articles 1 - 20 of 20
Full-Text Articles in Law
Symposium: Business In The Roberts Court - Introduction: Still In Search Of The Pro-Business Court, Jonathan H. Adler
Symposium: Business In The Roberts Court - Introduction: Still In Search Of The Pro-Business Court, Jonathan H. Adler
Faculty Publications
The Supreme Court under Chief Justice Roberts is often described as a “pro-business” court. Many commentators believe that Court is particularly sympathetic to business interests in concerns. A 2016 volume, Business and the Roberts Court turned a critical eye to this hypothesis. In September 2016, the Center for Business Law & Regulation at the Case Western Reserve University School of Law hosted a symposium to further explore how the Roberts Court deals with business issues. Papers from this conference were published in the Case Western Reserve Law Review, and this brief article served as the Introduction for this symposium.
Grounds For Challenging/Defending Tribunal’S Establishment And Jurisdiction What Are The Possible Legal Challenges Relating To The Establishment And Jurisdiction Of The Tribunal? How Can These Arguments Best Be Refuted?, Jacqueline C. Greene
War Crimes Memoranda
No abstract provided.
Corrupt Conditions Surrounding The Eccc And Their Effect On Judicial Decision-Making And The Appearance Of Fairness, Michael A. Kertesz
Corrupt Conditions Surrounding The Eccc And Their Effect On Judicial Decision-Making And The Appearance Of Fairness, Michael A. Kertesz
War Crimes Memoranda
No abstract provided.
A Theory Of Wto Adjudication: From Empirical Analysis To Biased Rule Development, Juscelino F. Colares
A Theory Of Wto Adjudication: From Empirical Analysis To Biased Rule Development, Juscelino F. Colares
Faculty Publications
The positive theory of litigation predicts that, under certain conditions, plaintiffs and defendants achieve an unremarkable and roughly equivalent share of litigation success. This Article, grounded in an empirical analysis of WTO adjudication from 1995 through 27, reveals a high disparity between Complainant and Respondent success rates: Complainants win roughly ninety percent of the disputes. This disparity transcends case type, party identity, income level, and other litigant-specific characteristics. After analyzing and discarding standard empirical and theoretical alternative explanations for the systematic disparity in success rates, this study demonstrates, through an examination of patterns in WTO adjudicators' notorious decisions, that biased …
Judgment, Identity, And Independence, Cassandra Burke Robertson
Judgment, Identity, And Independence, Cassandra Burke Robertson
Faculty Publications
Whenever a new corporate or governmental scandal erupts, onlookers ask "Where were the lawyers?" Why would attorneys not have advised their clients of the risks posed by conduct that, from an outsider's perspective, appears indefensible? When numerous red flags have gone unheeded, people often conclude that the lawyers' failure to sound the alarm must be caused by greed, incompetence, or both. A few scholars have suggested that unconscious cognitive bias may better explain such lapses in judgment, but they have not explained why particular situations are more likely than others to encourage such bias. This article seeks to fill that …
Business, The Environment, And The Roberts Court: A Preliminary Assessment, Jonathan H. Adler
Business, The Environment, And The Roberts Court: A Preliminary Assessment, Jonathan H. Adler
Faculty Publications
The Roberts Court has developed a reputation for being a "pro-business" court. This article, prepared for the 29 Santa Clara Law Review symposium on "Big Business and the Roberts Court," seeks to offer a preliminary assessment of this claim with reference to the Roberts Court's decisions in environmental cases. Reviewing the environmental law decisions of the Roberts Court to date reveals no evidence of a "pro-business" bias. This does not disprove the claim that the Roberts Court is pro-business, but it may suggest the need to refine conventional descriptions of the Roberts Court. The lack of a pro-business orientation in …
Standing Still In The Roberts Court (Panel), Jonathan H. Adler
Standing Still In The Roberts Court (Panel), Jonathan H. Adler
Faculty Publications
This Article, prepared for the Case Western Reserve Law Review symposium on “Access to the Courts in the Roberts Era,” offers a preliminary look at the standing jurisprudence of the Roberts Court. Contrary to claims made by some Court commentators, the Roberts Court has not tightened the requirements for Article III standing. To the contrary, insofar as the Roberts Court has altered the law of standing, it has made it easier for at least some litigants to pursue their claims in federal court. The Court’s decisions denying standing have largely reaffirmed prior holdings. By comparison, some of the Court’s decisions …
Introduction To Symposium On Access To The Courts In The Roberts Era, Jonathan L. Entin
Introduction To Symposium On Access To The Courts In The Roberts Era, Jonathan L. Entin
Faculty Publications
Introduction to the Case Western Reserve Law Review's symposium "Access to the Courts in the Roberts Era" 2009, Cleveland, OH
Getting The Roberts Court Right: A Response To Chemerinsky, Jonathan H. Adler
Getting The Roberts Court Right: A Response To Chemerinsky, Jonathan H. Adler
Faculty Publications
In The Roberts Court at Age Three, Dean Erwin Chemerinsky offers a preliminary assessment of the Roberts Court. Among other things, Dean Chemerinsky reviews the effect of the Court's shrunken docket and the role of Justice Anthony Kennedy as the Court's median justice. Reviewing the Court's decisions over the past three years, Dean Chemerinsky concludes that the Roberts Court is the the most conservative Court since the mid-1930s. This is a substantial overstatement. The Roberts Court appears moderately more conservative than its predecessors in some contexts, but is also quite liberal in others. Its decisions on enemy combatants, capital punishment, …
Introduction: The Law, Technology & The Arts Symposium: The Past, Present And Future Of The Federal Circuit, Craig Allen Nard
Introduction: The Law, Technology & The Arts Symposium: The Past, Present And Future Of The Federal Circuit, Craig Allen Nard
Faculty Publications
Introduction to The Law, Technology & the Arts Symposium: The Past, Present and Future of the Federal Circuit, Cleveland, Ohio.
Insubstantial Questions And Federal Jurisdiction, Jonathan L. Entin
Insubstantial Questions And Federal Jurisdiction, Jonathan L. Entin
Faculty Publications
This article seeks to clear up the confusion over "substantial federal questions." Part I provides an overview of the Supreme Court's jurisdiction, distinguishing between appeal and certiorari. Part II examines the precedential weight of the Court's summary dispositions, contrasting summary disposition of appeals with denials of certiorari. Part III explains why the suggestions that the lower courts lack jurisdiction over cases presenting issues in which the Supreme Court has dismissed appeals "for want of a substantial federal question" are mistaken.
The Sign Of The Four": Judicial Assignment And The Rule Of Law, Jonathan L. Entin
The Sign Of The Four": Judicial Assignment And The Rule Of Law, Jonathan L. Entin
Faculty Publications
This article will examine the issues of judicial assignment. Then the article will return to the Cameron situation in an effort to put that controversy into broader perspective. Finally, the article will consider state procedures that, for practical purposes, authorize litigants to make peremptory challenges to judges in certain circumstances. Those procedures have implications for the discussion of random assignments and for the way we think about Judge Cameron's charges.
The Prosecutor V. Dusko Tadic: An Appraisal Of The First International War Crimes Trial Since Nüremberg, Michael P. Scharf
The Prosecutor V. Dusko Tadic: An Appraisal Of The First International War Crimes Trial Since Nüremberg, Michael P. Scharf
Faculty Publications
No abstract provided.
Have We Really Learned The Lessons Of Nüremberg?, Michael P. Scharf
Have We Really Learned The Lessons Of Nüremberg?, Michael P. Scharf
Faculty Publications
No abstract provided.
Municipal Courts--Another Urban Ill, Lewis R. Katz
Municipal Courts--Another Urban Ill, Lewis R. Katz
Faculty Publications
No abstract provided.
The Politics Of Establishing An International Criminal Court, Michael P. Scharf
The Politics Of Establishing An International Criminal Court, Michael P. Scharf
Faculty Publications
Any substantive evaluation of the plan for an international criminal court requires first an understanding of the political currents that underlie the competing proposals. This piece briefly explores the politics of creating a permanent international criminal court. In particular, this comment examines three related issues: (1) the need for an international criminal court, (2) the political obstacles involved in creating such an institution, and (3) the prospects for success in light of these obstacles.
A Critique Of The Yugoslavia War Crimes Tribunal In Report Of The International Law Association On An International Criminal Court, Michael P. Scharf
A Critique Of The Yugoslavia War Crimes Tribunal In Report Of The International Law Association On An International Criminal Court, Michael P. Scharf
Faculty Publications
It is ironic that history has not been altogether kind to the Nuremberg Tribunal, labeling it "victor's justice," denouncing its application of ex post facto law, and rebuking its procedural shortcomings. Fifty years later, the world community has created another war crimes tribunal - the International Criminal Tribunal for the Former Yugoslavia. In its first annual report, this new Tribunal stated that "one can discern in the statute and the rules a conscious effort to avoid some of the often-mentioned flaws of Nuremberg and Tokyo." Because it will serve as the model for future ad hoc tribunals and a permanent …
Judicial Review Of Customs Service Actions, Peter M. Gerhart
Judicial Review Of Customs Service Actions, Peter M. Gerhart
Faculty Publications
This article is based on a report prepared for the Administrative Conference of the United States in connection with its study of judicial review of actions taken by the U.S. Customs Service. The recommendations herein were adopted in substantially identical form by the Administrative Conference at its September 19, 1977, plenary session. The article examines the present availability and scope if review of administrative decisions of the U.S. Customs Service. The author analyzes the overall operation if the Customs Service, procedures for internal review of Customs ,decisions and for assessment of penalties and other sanctions, and the distribution if jurisdiction …
The International Trial Of The Century? A Cross-Fire" Exchange On The First Case Before The Yugoslavia War Crimes Tribunal, Michael P. Scharf, Valerie Epps
The International Trial Of The Century? A Cross-Fire" Exchange On The First Case Before The Yugoslavia War Crimes Tribunal, Michael P. Scharf, Valerie Epps
Faculty Publications
This Article is an expanded version of a presentation delivered at the Conference of International Law Journals on March 29, 1996, in Washington, D.C.
Ancillary Relief In Federal Securities Law: A Study In Federal Remedies, George W. Dent
Ancillary Relief In Federal Securities Law: A Study In Federal Remedies, George W. Dent
Faculty Publications
After describing the history and current practice of ancillary relief in federal securities law, this Article analyzes the general law of federal remedies and ancillary relief, including ancillary relief in other areas of administrative law, recent developments in federal equity, statutory interpretation, and federal common law, and implied statutory remedies. The Article then examines pertinent aspects of the federal securities laws, including their legislative history and recent judicial interpretations. On this basis the Article recommends both a general approach to ancillary relief in federal securities law and responses to problems of specific remedies. Finally, the Article discusses ancillary relief under …