Law Commons^™

The Credit Industry And Identity Theft: How To End An Enabling Relationship, Eric T. Glynn

Buffalo Law Review

No abstract provided.

Which Interests Should Tort Protect?, Jean Thomas

Buffalo Law Review

No abstract provided.

Fatal Flaws: New Zealand's Human Tissue Act Fails To Provide An Avenue For Individuals To Give Legally Binding Informed Consent, Jennifer J. Howard

Washington International Law Journal

Improving the worldwide organ transplantation rate is an important goal for the world health community. Thousands of people die each year waiting for organs that would save their lives. New Zealand has one of the poorest rates of transplantation in the Western world. In 2008, New Zealand passed the Human Tissue Act in an attempt to improve the number of donors and ultimately increase the number of transplants performed. To promote the autonomy of individuals, the new law prioritized who can give informed consent for organ donation upon death, with individuals’ actions and intentions being paramount. The law allows individuals …

Patient Awareness And Approval For An Opt-Out Genomic Biorepository, Ellen Wright Clayton, Kyle B. Brothers, Matthew J. Westbrook, M. Francis Wright, John A. Myers, Daniel R. Morrison, Jennifer L. Madison, Jill M. Pulley

Vanderbilt Law School Faculty Publications

Aim: In this study, we sought to assess patient awareness and perceptions of an opt-out biorepository. Materials & methods: We conducted exit interviews with adult patients and parents of pediatric patients having their blood drawn as part of their clinical care at Vanderbilt University Medical Center (TN, USA). Results: 32.9% of all patients and parents of pediatric patients report having heard of the opt-out biorepository, while 92.4% approve of this research effort based on a brief description. Awareness that leftover blood could be used for research increased among adult patients during the study period, from 34.3 to 50.0%. Conclusion: These …

Is Hedge Fund Adviser Registration Necessary To Accomplish The Goals Of The Dodd–Frank Act’S Title Iv?, Luther R. Ashworth Ii

Washington and Lee Law Review

No abstract provided.

Be Reasonable! Limit Warrantless Smart Phone Searches To Gant's Justification For Searches Incident To Arrest, Sara M. Corradi

Case Western Reserve Law Review

No abstract provided.

Dysfunctional Disloyalty Standards In Employee Criticism Cases, Benjamin L. Ristau

Case Western Reserve Law Review

No abstract provided.

Shale Gas And Clean Energy Policy, Joseph P. Tomain

Case Western Reserve Law Review

No abstract provided.

Recognizing The Shared Ownership Of Subsurface Resource Pools, Peter M. Gerhart, Robert E. Cheren

Case Western Reserve Law Review

No abstract provided.

Applying Some Lessons From The Gulf Oil Spill To Hydraulic Fracturing, Heidi Gorovitz Robertson

Case Western Reserve Law Review

No abstract provided.

Frackonomics: Some Economics Of Hydraulic Fracturing, Timothy Fitzgerald

Case Western Reserve Law Review

No abstract provided.

The Legalzoom Identy Crisis: Legal Form Provider Or Lawyer In Sheep's Clothing?, Isaac Figueras

Case Western Reserve Law Review

No abstract provided.

We Know Who You Are And What You Are Made Of: The Illusion Of Internet Anonymity And Its Impact On Protection From Genetic Discrimination, Christine Suzanne Davik

Case Western Reserve Law Review

No abstract provided.

Providing A Release Valve: The U.S.-China Experience With The Wto Dispute Settlement System, Kennan J. Castel-Fodor

Case Western Reserve Law Review

No abstract provided.

In Memorian: Edward A. Mearns, Jr., The Editors, Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Bad "Leaker" Or Good "Whistleblower"? A Test, Mark Norris

Case Western Reserve Law Review

No abstract provided.

A New Understanding Of The Bankruptcy Clause, Stephen J. Lubben

Case Western Reserve Law Review

No abstract provided.

Is Prudential Standing Jurisdictional?, Bradford C. Mank

Case Western Reserve Law Review

No abstract provided.

Volume 64 Issue 2 (2013), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Applauding The Entrepreneurial Spirit: Florida Welcomes Veteran-Owned Small Businesses, Ramon Guillen, Tasha M. De Miguel

Nova Law Review

No abstract provided.

Cold Comfort: Sec. 1983 As The Exclusive Damages Remedy For Violations Of Sec. 1918 By State Actors, Darlene Goring

All Scholarship

No abstract provided.

Networking Customary Law, Scott Sullivan

Journal Articles

In United States v. Jones, the U.S. Supreme Court considered whether gathering four weeks of GPS information capturing a suspect’s movement on public roads constituted an unlawful search under the Fourth Amendment of the U.S. Constitution.

In two separate concurring opinions, Justices Alito and Sotomayor rejected the notion that all of a citizen’s movements in public were free from the Amendment’s protection. A unifying theme for both justices was the power of contemporary technology to aggregate isolated acts into a comprehensive knowledge of a person’s private life. Justice Alito writing on behalf of four Justices notes that, over time, the …

The Bp B1 Bundle Ruling: Federal Statutory Displacement Of General Maritime Law, John Costonis

Journal Articles

Among the many unresolved legal questions posed by BP’s Gulf well blowout are whether and to what extent maritime tort negligence remedies escape displacement by relevant federal statutes, including, principally, the Oil Pollution Act of 1990 (OPA or OPA 90). OPA jurisprudence over two decades holds that OPA displaces these remedies. Contrarily, however, the United States District Court for the Eastern District of Louisiana’s decision in In re Oil Spill by the Oil Rig “Deepwater Horizon” (hereinafter B1 Bundle) insists that general maritime law affords a parallel track to OPA’s remedies for economic and property oil discharge losses suffered by …

The Public Pension Crisis , Jack M. Beermann

Washington and Lee Law Review

Unfunded employee pension obligations will present a serious fiscal problem to state and local governments in the not-toodistant future. This Article takes a look at the causes and potential cures for the public pension mess, mainly through the lens of legal doctrines that limit public employers’ ability to avoid obligations. As far as the causes are concerned, this Article examines the political environment within which public pension promises are made and funded, as an attempt to understand how this occurred. The Article then turns to ask if states could implement meaningful reforms without violating either state or federal law. In …

Why Strickland Is The Wrong Test For Violations Of The Right To Testify, Daniel J. Capra, Joseph Tartakovsky

Washington and Lee Law Review

A criminal accused has a constitutional right to testify in his own defense. The right has an undisputed place alongside the most important “personal” rights, like the right to remain silent or the right to represent oneself. But in the 1990s, courts began to apply the ineffective-assistance test of Strickland v. Washington to evaluate claims by a defendant that his right to testify was abridged. In practice this nullifies the right. Moreover, the Strickland test is inapposite because it focuses on counsel and not the defendant’s right to testify. This Article proposes a new test to better secure and enforce …

When Certainty Dissolves Into Probability: A Legal Vision Of Toxic Causation For The Post-Genomic Era, Steve C. Gold

Washington and Lee Law Review

Proof of causation in toxic torts has presented persistent problems for the legal system, because the probabilities that science can know fit poorly with the demands for particularistic proof imposed by the law’s deterministic model of causation. Some scholars have hoped that genomic and molecular information will at last provide scientific certainty—definitive, individualized proof of toxic causation. This Article argues that the opposite is true. Scientific research will increasingly elucidate the ways in which environmental exposures and human genes interact to produce disease, but this deeper knowledge will extend rather than resolve the problem of causal indeterminacy in toxic torts. …

Docket Dividends: Growth In Shareholder Litigation Leads To Refinements In Chancery Procedures, Donald F. Parsons Jr., Jason S. Tyler

Washington and Lee Law Review

No abstract provided.

Risk-Based Student Loans , Michael Simkovic

Washington and Lee Law Review

No abstract provided.

Sheltering Psychiatric Patients From The Deshaney Storm: A Proposed Analysis For Determining Affirmative Duties To Voluntary Patients, Claire Marie Hagan

Washington and Lee Law Review

No abstract provided.

Joshua’S Children: Constitutional Responsibility For Institutionalized Persons After Deshaney V. Winnebago County, Susan Stefan

Washington and Lee Law Review

No abstract provided.