Law Commons^™

Institutional Competition To Regulate Corporations: A Comment On Macey, Jill E. Fisch

Case Western Reserve Law Review

No abstract provided.

Volume 55 Issue 4 (2005), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Keynote: Fair Use: Threat Or Threatened, Wendy J. Gordon

Case Western Reserve Law Review

No abstract provided.

Medical Education And Malpractice: What's The Connection ?, Lars Noah

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Equality Trap: How Reliance On Traditional Civil Rights Concepts Has Rendered Title I Of The Ada Ineffective, James Leonard

Case Western Reserve Law Review

No abstract provided.

Judicial Discretion And The Disappearing Distinction Between Will Interpretation And Construction, Richard F. Storrow

Case Western Reserve Law Review

No abstract provided.

Protecting Against Terrorism Or Symbolic Politics: Fatal Flaws In Ohio's Criminal Terrorism Statute, Tasia E. Mcintyre

Case Western Reserve Law Review

No abstract provided.

Hard Bargaining On Behalf Of The Government Tortfeasor: A Study In Governmental Lawyer Ethics, Steven K. Berenson

Case Western Reserve Law Review

No abstract provided.

Conditional Liberty: Restricting Procreation Of Convicted Child Abusers And Dead Beat Dads, Sara C. Busch

Case Western Reserve Law Review

No abstract provided.

Law As Design: Objects, Concepts, And Digital Things, Michael J. Madison

Case Western Reserve Law Review

No abstract provided.

Calling In The Dogs: Suspicionless Sniff Searches And Reasonable Expectations Of Privacy, Cecil J. Hunt Ii

Case Western Reserve Law Review

No abstract provided.

Stock Transfer Restrictions And Issuer Choice In Trading Venues, Jonathan Mary, Maureen O'Hara

Case Western Reserve Law Review

No abstract provided.

Hindsight Bias And The Subsequent Remedial Measures Rule: Fixing The Feasibility Exception, Kimberly Eberwine

Case Western Reserve Law Review

No abstract provided.

Law Technology & The Arts Symposium: "Copyright And Personal Copying: Sony V. Universal Studios Twenty-One Years Later"Rewinding Sony: The Evolving Product, Phoning Home And The Duty Of Ongoing Design, Randal C. Picker

Case Western Reserve Law Review

No abstract provided.

Sony In The Trenches, James Burger, Matthew J. Oppenheim, Michael Petricone

Case Western Reserve Law Review

No abstract provided.

Arguably Arbitrary: Taxation And The Physical Injury Requirement Of I.R.C. Section 104(A)(2), Kurt A. Leeper

Case Western Reserve Law Review

No abstract provided.

The Sony Paradox, Jessica Litman

Case Western Reserve Law Review

No abstract provided.

Globalization In Art Law: Clash Of Interests And International Tendencies, Erik Jayme

Vanderbilt Journal of Transnational Law

In my view, it is important to articulate the different interests involved in international art cases. Globalization has added the interests of the global civil society to the traditional claims and counter claims of private parties and of states or nations. Thus, public access to art works has been fostered by anti-seizure statutes protecting international exhibitions. And, it is this line of tendencies and arguments which conceives of famous art works as treasures of mankind and which should prevail in the future.

Enduring Optimism: Examining The Rig-To-Reef Bargain, Rachael E. Salcido

McGeorge School of Law Scholarly Articles

No abstract provided.

Emerging International Regime Of Financial Servicesregulation, Michael P. Malloy

McGeorge School of Law Scholarly Articles

No abstract provided.

Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett

Journal Articles

Proselytism is, as Paul Griffiths has observed, a topic enjoying renewed attention in recent years. What's more, the practice, aims, and effects of proselytism are increasingly framed not merely in terms of piety and zeal; they are seen as matters of geopolitical, cultural, and national-security significance as well. Indeed, it is fair to say that one of today's more pressing challenges is the conceptual and practical tangle of religious liberty, free expression, cultural integrity, and political stability. This essay is an effort to unravel that tangle by drawing on the religious-freedom-related work and teaching of the late Pope John Paul …

Sacrifice, The Common Good, And The Catholic Lawyer, John J. Coughlin

Journal Articles

For some two decades since I entered law school, the connection between the philosophy of the human person and law has been of comparative interest to me. My interest was stimulated in no small part by the late Pope John Paul II, who urged that canon law reflect the essential elements of what it means to be human. Comparative legal study of the canon law of the Catholic Church with the law of the liberal state has convinced me of the importance of the understanding of the human person that underpins the law. Canon law and the Catholic intellectual tradition …

Statutory Stare Decisis In The Courts Of Appeals, Amy Coney Barrett

Journal Articles

The Supreme Court has long given its cases interpreting statutes special protection from overruling. Two rationales exist for this practice. One line of thought interprets congressional silence following the Supreme Court's interpretation of a statute as approval of that interpretation. According to this way of thinking, a refusal to overrule statutory precedent is a refusal to veer from an interpretation that Congress has effectively approved. Another line of thought emphasizes that statutory interpretation inevitably involves policymaking, and that policymaking is an aspect of legislative, rather than judicial, power. According to this second way of thinking, the Supreme Court should refuse …

Bush V. Holmes: School Vouchers, Religious Freedom, And State Constitutions, Richard W. Garnett, Christopher S. Pearsall

Journal Articles

In Zelman v. Simmons-Harris, the Supreme Court of the US ruled that the First Amendment’s Religion Clause, i.e. ‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof’, permits publicly funded school-voucher experiments that include private and religious schools. In other words, the Court made it clear—albeit by a narrow 5-4 margin—that governments do not unconstitutionally ‘establish[]’ religion merely by permitting eligible students to use publicly funded scholarships to attend qualifying religious schools, so long as the students’ parents are able to make a ‘true private choice’ for the school their children attend.

However, …

A Tribute To Frederic L. Kirgis, Thomas L. Shaffer

Journal Articles

Now, hearing of Rick's retirement, I find it hard to imagine Sydney Lewis Hall without him standing guard over the Law Center, or in the dean's office, or from some other nearby vantage point. If Washington and Lee is lucky, Rick will continue to play a role in the welcoming committee, making a welcoming place even warmer. Knowing Rick's commitment to the law school there, I have no doubt he would embrace the role.

While those of us that consider Rick a friend and colleague greet news of his retirement with a reluctant happiness, there is one group that cannot …

Coverage Of Reproductive Technologies Under Employer-Sponsored Health Care Plans, Elizabeth Pendo

Articles

The federal courts have issued two important decisions regarding non-discriminatory insurance coverage of conditions and treatments associated with sex, disability or both, such as prescription contraception and infertility treatment. Cases like Erickson and Saks are important because, as ERISA scholars know, state law mandates regarding coverage are unlikely to lead to uniform results due to the structure of ERISA's preemption provisions, and none of the federal proposals addressing infertility treatment or prescription contraception have been enacted to date.

What I would like to do is outline the impact of ERISA in this area, and offer some thoughts on one of …

Telling Stories About Health Insurance: Using New Films In The Classroom, Elizabeth Pendo

Articles

In keeping with the theme of "The Mass Media's Influence on Health Law and Policy," this essay is designed to share my experience using clips from three recent popular films as a method of enhancing coverage and discussion of legal and policy issues surrounding the private health insurance system, and to provide some practical advice for others interested in doing the same. It builds upon a presentation that I gave along with Professors Timothy S. Hall and Ross D. Silverman at the 2004 Health Law Teachers Conference entitled "Health Law, Policy and Media," and was inspired by Professor Paul Bergman's …

Textual Harassment: A New Historicist Reappraisal Of The Parol Evendence Rule With Gender In Mind, Hila Keren

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Race And Class In Political Science, Jennifer Hochschild

Michigan Journal of Race and Law

As a discipline, political science tends to have a split personality on the issue of whether the driving force behind political action is material or ideational. Put too crudely, White scholars tend to focus on structural conditions as the cause of group identity and action, whereas scholars of color tend to focus on group identity and conflict in order to explain structural conditions. More generally, the relevant debate within political science revolves less around Jacques Demrda versus Karl Marx (as in critical race studies) than around W. E. B. DuBois versus Thomas Hobbes-that is, whether "the problem of the twentieth …

Reparations Talk In College, Alfred L. Brophy

Michigan Journal of Race and Law

Review of Uncivil Wars: The Controversy Over Reparations for Slavery by David Horowitz