Law Commons^™

Masthead, Volume 65 Issue 3 (2015)

Case Western Reserve Law Review

No abstract provided.

A Slapp Back On Track: How Shady Grove Prevents The Application Of Anti-Slapp Laws In Federal Courts, Tyler J. Kimberly

Case Western Reserve Law Review

No abstract provided.

Volume 65 Issue 3 (2015), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Banks, Marijuana, And Federalism, Julie Andersen Hill

Case Western Reserve Law Review

No abstract provided.

Colorado's Rollout Of Legal Marijuana Is Succeeding: A Report On The State's Implementation Of Legalization, John Hudak

Case Western Reserve Law Review

No abstract provided.

Modern-Day Nullification: Marijuana And The Persistence Of Federalism In An Age Of Overlapping Regulatory Jurisdiction, Ernest A. Young

Case Western Reserve Law Review

No abstract provided.

Symposium Executive Discretion And The Administrative State: Introduction, B. Jessie Hill

Case Western Reserve Law Review

No abstract provided.

The President And The Constitution, Peter L. Strauss

Case Western Reserve Law Review

No abstract provided.

Jimmy Carter's And James Miller's Revenge: The Reasons And The Consequences For Presidential And Congressional Power Of Measures To Ban Congressional "Earmarks", Joseph White

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 66 Issue 1 (2015)

Case Western Reserve Law Review

No abstract provided.

National Football League Management Council V. National Football League Players Association: Deflategate Reviewed, Zachary J. Lafleur

Case Western Reserve Law Review

It is easy to dismiss the decision as the conclusion of an overreported story that relates to an over-reported league, but Deflategate and the facts surrounding the case provide unique insight into the tensions that exist between the NFL’s commissioner, owners, the players’ union, players, and fans.

Volume 66 Issue 1 (2015), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Rethinking Jacob & Youngs V. Kent, Victor P. Goldberg

Case Western Reserve Law Review

The legal background will be described in Part I. I begin with the development of the doctrine of substantial performance and the role of willfulness. If the contractor’s compensation were conditional on the architect providing a certificate of completion, what happens if the architect refused to provide the certificate? If a court concludes that the work had been substantially performed, how should the contractor’s award be modified? In Part II, I revisit Jacob & Youngs to show how the result followed from the pre-existing law. That, of course, does not mean that it was a sensible outcome. In Part III, …

Protecting Medical Marijuana Users In The Workplace, Kathleen Harvey

Case Western Reserve Law Review

Part I of this Note gives a brief history of marijuana regulation in the United States. Part II describes how drug testing works and why employers do it. And it presents some of the issues that the federal prohibition poses for employers and employees. Part III analyzes state court opinions that have addressed the question of whether employers may fire employees for off-site medical marijuana use that does not impair work performance. Every court thus far has ruled in favor of the employer, but some of the opinions and dissents acknowledge that the legislatures could amend their states’ statutes to …

Masthead, Volume 66 Issue 2 (2015)

Case Western Reserve Law Review

No abstract provided.

Book Review: Michael Stokes Paulsen And Luke Paulsen, The Constitution: An Introduction, Shlomo Slonim

Case Western Reserve Law Review

Anyone interested in learning more about the Constitution, its interpretation and development over the past two-plus centuries, and which issues are today the most critically divisive, will find this work to be a superb and eminently readable introduction. It is instructive and enlightening without being ponderous. The prose is crisp and straightforward, unburdened by legal jargon. There are no footnotes or endnotes. And the reader requires no legal dictionary to appreciate the thrust of the discussion at each point.

Trial By Traditional Probability, Relative Plausibility, Or Belief Function?, Kevin M. Clermont

Case Western Reserve Law Review

Almost incredible is that no one has ever formulated an adequate model for applying the standard of proof. What does the law call for? The usual formulation is that the factfinder must roughly test the finding on a scale of likelihood. So, the finding in a civil case must at least be more likely than not or, for the theoretically adventuresome, more than fifty percent probable. Yet everyone concedes that this formulation captures neither how human factfinders actually work nor, more surprisingly, how theory tells us that factfinders should work.

An emerging notion that the factfinder should compare the plaintiff’s …

The Unlikely Meeting Between Dzhokhar Tsarnaev And Benjamin Quarles, Brian Gallini

Case Western Reserve Law Review

Part I explores the Marathon Bombing in more detail alongside the government’s reliance on Quarles to interrogate Tsarnaev. Part II then seeks to place the Tsarnaev interrogation in the context of modern judicial constructions of the public safety exception. Doing so firmly illustrates that the government’s position was unsupported by judicial precedent.

By focusing on the Quarles decision itself, Part III then seeks to provide a proper historic context for the government’s decision not to read Tsarnaev his Miranda warnings. In particular, Part III considers the Justices’ private papers from Quarles to demonstrate that the Court never considered anything beyond …

Digital Metal: Regulating Bitcoin As A Commodity, Mitchell Prentis

Case Western Reserve Law Review

In this Note, I will argue that Bitcoin should be categorized and regulated as a commodity. This treatment would be consistent with the economic behavior of Bitcoin’s users and would provide a clearer regulatory path for Bitcoin’s future. Additionally, categorizing Bitcoin as a commodity would provide increased clarity to existing regulatory efforts. Part I of this Note will briefly discuss the basic technological underpinnings of the Bitcoin system. Part II will quickly survey the current regulatory landscape around Bitcoin. Part III will examine Bitcoin’s identity crisis and explain why Bitcoin should not be categorized as a currency or a security—the …

State Regulation And The Necessary And Proper Clause, William Baude

Case Western Reserve Law Review

No abstract provided.

Controlling Underage Access To Legal Cannabis, Steven Davenport, Jonathan P. Caulkins, Mark A.R. Kleiman

Case Western Reserve Law Review

No abstract provided.

Vertical Federalism, Horizontal Federalism, And Legal Obstacles To State Marijuana Legalization Efforts, Brannon P. Denning

Case Western Reserve Law Review

No abstract provided.

What Will Federal Marijuana Reform Look Like?, Alex Kreit

Case Western Reserve Law Review

No abstract provided.

Marijuana Localism, Robert A. Mikos

Case Western Reserve Law Review

No abstract provided.

Volume 65 Issue 4 (2015), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Book Review: Harold Bruff, Untrodden Ground: America's Evolutionary Presidency, Martin S. Flaherty

Case Western Reserve Law Review

No abstract provided.

The Spectrum Of Competency: Determining A Standard Of Competence For Pro Se Representation, Ellesha Lecluyse

Case Western Reserve Law Review

No abstract provided.

"Laboratories Of Democracy" Or "Machinery Of Death"? The Story Of Lethal Injection Secrecy And A Call To The Supreme Court For Intervention, Harrison Blythe

Case Western Reserve Law Review

No abstract provided.

Symposium Marijuana, Federal Power, And The States: Introduction, Jonathan H. Adler

Case Western Reserve Law Review

No abstract provided.

Physician-Patient Speech: An Analysis Of The State Of Patients' First Amendment Rights To Receive Accurate Medical Advice, Harrison Blythe

Case Western Reserve Law Review

No abstract provided.