Law Commons^™

Die Hard (And Pass On Your Digital Media): How The Pieces Have Come Together To Revolutionize Copyright Law For The Digital Era, Elizabeth Horan

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Leon Gabinet, Barbara R. Snyder

Case Western Reserve Law Review

No abstract provided.

Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbullying Laws, Emily F. Suski

Case Western Reserve Law Review

No abstract provided.

Rules, Standards, And The Reality Of Obviousness, Brenda M. Simon

Case Western Reserve Law Review

No abstract provided.

2014 Sumner Canary Memorial Lecture: The Separation Of Powers And The Federal And State Executive Duty To Review The Law, Honorable William H. Pryor Jr.

Case Western Reserve Law Review

No abstract provided.

Essay: Eight Nails Into Katz's Coffin, Amitai Etzioni

Case Western Reserve Law Review

No abstract provided.

Preserving The Civil Jury Right: Reconsidering The Scope Of The Seventh Amendment, Joseph Czerwien

Case Western Reserve Law Review

No abstract provided.

The Restatement Of Gay(?), Lawrence C. Levine, Courtney G. Joslin

McGeorge School of Law Scholarly Articles

No abstract provided.

The Global Right To Property, John G. Sprankling

McGeorge School of Law Scholarly Articles

Does a right to property exist under international law? The traditional answer to this question is “no”―a right to property can arise only under national law. But sweeping economic and political changes in recent decades have laid the foundation for recognizing a global right to property. Ideological opposition to property rights has faded with the end of the Cold War; China, Russia, and other socialist states have transitioned to market economies which are premised on private property; and the globalization of trade has enhanced international support for protecting property rights. Accordingly, it is appropriate to revisit the question.

This article …

Symposium—Growing, Growing, Gone: Innovative Ideas In Resource Management For A Growing Population: Introduction, Rachael E. Salcido

McGeorge School of Law Scholarly Articles

No abstract provided.

Reflections On An Extraordinary Career: Thoughts About Gerald Caplan's Retirement, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Compelled Commercial Speech As Compelled Consent Speech, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.

Enforcing Desegregation: A Case Study Of Federal District Court Power And Social Change In Macon County Alabama, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

This case study of Lee v. Macon County Board of Education demonstrates that a federal district court in Alabama, enforcing Brown v. Board of Education, brought about significant social change despite constraints on the courts. The court’s application of Brown played a decisive role in ending the racial caste system in this Alabama black belt county. The court, by adding the United States Department of Justice as a party, overcame constraints that had precluded the executive branch from pursuing school desegregation. Change came through the courts before Congress legislated against school segregation. Seekers of social change must evaluate the …

Reforming California Sentencing Practice And Policy: Are We There Yet?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Demand Offsets: Water Neutral Development In California, Jennifer L. Harder

McGeorge School of Law Scholarly Articles

No abstract provided.

Charitable Nonprofits’ Use Of Noncompetition Agreements: Having The Best Of Both Worlds, Lindsey D. Blanchard

McGeorge School of Law Scholarly Articles

No abstract provided.

Quick Reference Guide: Confidentiality And Privilege Exceptions And Mandatory Reporting Obligations Of Rape Crisis Counselors, Brenda V. Smith

Research Reports & White Papers

NOTE: The aim of the Quick Reference Guide (QRG) is to give agencies and individual a quick reference for reporting obligations of rape crisis counselors. The QRG supplements the Fifty State Survey of Confidentiality and Privilege Statutes Rape Crisis/ Sexual Assault Counselors. We have listed the exceptions to confidentiality and privilege in commonly used statutory language. Specific language varies by state. For the full citations associated with this QRG, please refer to the Quick Chart or the Fifty State Survey.

Ending Silence: Demanding Safety From Sexual Assault - Don't Touch Me, Brenda V. Smith, Caleb J. Bess, Rebecca I. Heinsen, Jaime M. Yarussi, Michael J. Auger

Research Reports & White Papers

Ending Silence: Demanding Safety from Sexual Assault & Youth Speaking Up about Sexual Abuse in Custody are a series of graphic novels for adult and juvenile inmates in custodial settings. These graphic novels are intended to educate inmates about how to identify and address incidents of sexual assault. The plot lines in these graphic novels dramatize situations we know occur in custodial settings. The use of graphic novels in community education projects is well established. By presenting information through an illustrative medium, these novels aim to disseminate information about the sexual abuse reporting process to inmates at all literacy levels. …

Retaining Color, Veronica Root

Journal Articles

It is no secret that large law firms are struggling in their efforts to retain attorneys of color. This is despite two decades of aggressive tracking of demographic rates, mandates from clients to improve demographic diversity, and the implementation of a variety of diversity efforts within large law firms. In part, law firm retention efforts are stymied by the reality that elite large law firms require some level of attrition to function properly under the predominant business model. This reality, however, does not explain why firms have more difficulty retaining attorneys of color — in particular black and Hispanic attorneys …

From Arbitrariness To Coherency In Sentencing: Reducing The Rate Of Imprisonment And Crime While Saving Billions Of Taxpayer Dollars, Mirko Bagaric

Michigan Journal of Race and Law

Dealing with criminals and preventing crime is a paramount public policy issue. Sentencing law and practice is the means through which we ultimately deal with criminal offenders. Despite its importance and wide-ranging reforms in recent decades, sentencing remains an intellectual and normative wasteland. This has resulted in serious human rights violations of both criminals and victims, incalculable public revenue wastage, and a failure to implement effective measures to reduce crime. This Article attempts to bridge the gulf that exists between knowledge and practice in sentencing and lays the groundwork for a fair and efficient sentencing system. The Article focuses on …

It's Critical: Legal Participatory Action Research, Emily M.S. Houh, Kristin Kalsen

Michigan Journal of Race and Law

This Article introduces a method of research that we term “legal participatory action research” or “legal PAR” as a way for legal scholars and activists to put various strands of critical legal theory into practice. Specifically, through the lens of legal PAR, this Article contributes to a rapidly developing legal literature on the “fringe economy” that comprises “alternative lending services” and products, including but not limited to pawnshops, check cashers, payday lenders, direct deposit loans, (tax) refund anticipation loans, and car title loans. As importantly, this article also contributes to the related fields of critical race theory, feminist legal theory, …

Who Should Reproduce; Perpetuating Archaic Value Judgements Of Procreation In The Patient Protection And Affordable Care Act., Maggie Davis

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Why The Eeoc Got It Right In Macy V. Holder: The Argument For Transgender Inclusion In Title Vii Interpretation., Taylor Alyse Pack Ellis

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Muslims Denied: How The Uscis Uses A Formerly Secret Program To Delay And Reject Naturalization Applications From Muslims And Other Minorities., Deepak Amrik Singh Ahluwalia

The Scholar: St. Mary's Law Review on Race and Social Justice

The Controlled Application Review and Resolution Program (CARRP) unduly burdens applicants of the United States naturalization process and creates the nearly impossible task of erasing any national security concern. Minorities, especially minorities of the Muslim faith, are subjected to unfair investigation and adjudication of their naturalization applications. Congress allegedly eradicated discrimination from the naturalization process with the Immigration and Nationality Act of 1952 (INA). The United States Citizenship and Immigration Services (USCIS), the agency in charge of overseeing lawful immigration to the United States, implemented CARRP in 2008 to establish a policy for handling naturalization cases which might be perceived …

A Critical Race Theorist Account Of Corporate Racial Standing., Jonathan Bailyn

The Scholar: St. Mary's Law Review on Race and Social Justice

Without guidance from the Supreme Court, federal circuits have been left to develop a patchwork of theories of corporate standing for racial discrimination. This patchwork of theories has ultimately resulted in an unstable doctrine, as each court applies a different theory of corporate and racial identity and, from a different premise, reach a different conclusion. To stabilize the doctrine of corporate racialization and resolving conflicting circuit outcomes, the Supreme Court should step in and determine when a corporation has standing to sue for racial discrimination. To properly respond to both the epistemological conundrum of race and the ontological conundrum of …

When Silence Requires Speech: Reviving The Right To Remain Silent In The Wake Of Salinas V. Texas., Brendan Villaneuva-Le

The Scholar: St. Mary's Law Review on Race and Social Justice

The history of an individual’s Constitutional right not to self-incriminate is complicated and counterintuitive. To eliminate this confusion, current Fifth Amendment jurisprudence should be altered. In Salinas v. Texas, the Supreme Court established silence alone is not enough to invoke an individual’s right to remain silent. Certain individuals face a significant disadvantage by this interpretation due to potential inabilities to understand their rights and how to invoke them. Providing clear and concise warnings better serves the Fifth Amendment’s original purpose, enabling people to know how to invoke their rights. The Supreme Court historically has adopted a liberal interpretation of the …

Symposium Opening Remarks As Prepared For Delivery, Stephanie Schriock

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Contraception And The Birth Of Corporate Conscience, Elizabeth Sepper

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Ordinarily Reasonable: Using The Supreme Court's Barnett Analysis To Clarify Preferential Treatment Under The Americans With Disabilities Act, Charles Conway

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Heteronormative Identities As Property: Adversely Possessing Maleness And Femaleness, Lauren Wigginton

American University Journal of Gender, Social Policy & the Law

No abstract provided.