Law Commons^™

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.

What The Constitution Means By “Duties, Imposts, And Excises”—And "Taxes" (Direct Or Otherwise), Robert G. Natelson

Case Western Reserve Law Review

This Article recreates the original definitions of the U.S. Constitution’s terms “tax,” “direct tax,” “duty,” “impost,” “excise,” and “tonnage.” It draws on a greater range of Founding-Era sources than accessed heretofore, including eighteenth-century treatises, tax statutes, and literary sources, and it corrects several errors made by courts and previous commentators. It concludes that the distinction between direct and indirect taxes was widely understood during the Founding Era and that the term “direct tax” was more expansive than commonly realized.

The Article identifies the reasons the Constitution required that direct taxes be apportioned among the states by population. It concludes that …

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 …

Rehabilitation Through Empowerment: Adopting The Consumer-Participation Model For Treatment Planning In Mental Health Courts, Mcdaniel M. Kelly

Case Western Reserve Law Review

Part I of this Note is a brief overview of the mental health court system. It is broken into two subparts: first, a brief description of the system’s goals and success; and, second, a brief overview of mental health courts’ general structure. The theme here is that the term “system” is really a misnomer, and there is plenty of room for development.

In Part II, I introduce some of the barriers to achieving voluntary participation. This section also has two subparts: first, a discussion on target participants’ reduced capacities; and, second, a description of the structural shortcomings in mental health …

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 …

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.

The Curious Case Of The Pompous Postmaster: Myers V. United States, Jonathan L. Entin

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.

Measuring Party Polarization In Congress: Lessons From Congressional Participation As Amicus Curiae, Neal Devins

Case Western Reserve Law Review

No abstract provided.

Presidential Control Of Adjudication Within The Executive Branch, Harold J. Krent

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 66 Issue 1 (2015)

Case Western Reserve Law Review

No abstract provided.

Derivative-Consent Doctrine And Open Windows: A New Method To Consider The Fourth Amendment Implications Of Mass Surveillance Technology, Alex Brown

Case Western Reserve Law Review

This Comment will show that the bulk collection of metadata from telephone calls and other electronic communications are permissible under the Fourth Amendment of the United States Constitution without a warrant. However, disclosing the contents of communications to government agencies and operating devices without the consent of their owner constitutes searches requiring a warrant.

The Emerging Eighth Amendment Consensus Against Life Without Parole Sentences For Nonviolent Offenses, Bidish J. Sarma, Sophie Cull

Case Western Reserve Law Review

As the nation moves away from the policies that built a criminal justice system bent on mass incarceration, it is an appropriate time to reassess a sentencing regime that has doomed thousands of individuals convicted of nonviolent offenses to die in prison. Over the last thirty years, those policies have resulted in more than 3,000 offenders across the country receiving life sentences without the possibility of parole when they were convicted of a nonviolent crime. While it seems clear to many today that this harsh punishment is inappropriate for offenses that involved no physical harm to other people, the individuals …

More Harm Than Good? Why Schools Who Take A Zero-Tolerance Stance On Cyberbullying Cause More Problems Than Solutions, Sydney L. Brunecz

Journal of Law, Technology, & the Internet

"Cyberbullying has become an epidemic in today’s society. Cyberbullying has escalated so much that some victims commit suicide in order to escape their tormentors. Increased media coverage of these suicides has led the public to demand legislative action. Although no federal law exists, state legislation has been enacted to prevent bullying and cyberbullying. Most states delegate this task to public schools that respond by implementing zero- tolerance policies. Zero-tolerance policies against bullying and cyberbullying can impinge on many student rights, including speech protected by the First Amendment. Well intentioned zero tolerance policies may infringe on Constitutionally protected free speech, and …

The Fda Guidance Document For Medical Mobile Apps And Its Impact On Innovation: Bringing The Promise Of A New Way To Look At Medicine Closer, Or Pushing It Further?, Ioana Ciopraga

Journal of Law, Technology, & the Internet

"This Note critiques the guidance document released by the Food and Drug Administration (“FDA”) in connection with the medical mobile apps it intends to regulate and the regulations that govern medical mobile apps. Specifically, the main argument of this Note is that, while the document is clearly a step in the right direction, significantly more guidance, focused on the characteristics of this new field, such as the rapid change of mobile technology, and on the transformational impact on healthcare of health IT in general and mHealth in particular, should follow soon. Part I provides an overview of the guidance document, …

Masthead, Volume 6 Issue 1

Journal of Law, Technology, & the Internet

No abstract provided.

Volume 6 Issue 1 (2015-2016), Case Western Reserve Journal Of Law, Technology & The Internet

Journal of Law, Technology, & the Internet

No abstract provided.

Computer Fraud And Abuse Or Prosecutorial Fraud And Abuse: Time For Change, Victor Manolache

Journal of Law, Technology, & the Internet

“The [Computer Fraud and Abuse Act] CFAA’s scope has been expanded through revisions. Today, the CFAA is over-inclusive of criminal activity, creating over-criminalization that is only checked by prosecutorial discretion... This Note shall explain both problems and offer a possible solution to each. Section I discusses the history of computer crime law. Section II presents the circuit split and offers a solution. Section III discusses consequences of the CFAA’s bright line approach. Section IV proposes an amendment to the CFAA that creates an exception for types of uses that, although unauthorized, should not merit criminal prosecution. Aaron Swartz’ case is …

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

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.

Tactical Police Officers, Romantic Attachment And Job-Related Stress: A Mixed-Methods Study, Natalie Fagan

Theses and Dissertations--Sociology

Stressors stemming from tactical policing such as social isolation and increased work responsibilities often spill over into the home and affect personal relationships. Using attachment theory as the guiding framework, this mixed methods study aimed to obtain a better understanding of the factors involved in maintaining long-term relationships between tactical officers and their romantic partners. Phase I consisted of surveys administered to tactical officers in Kentucky and measured romantic partner attachment, organizational and operational police stressors. Research questions examined how operational and organizational stress correlated with attachment while controlling for demographics. Analysis indicated that holding a rank above an officer …

Changing Gears To Meet The 'New Normal' In Legal Education, Courtney G. Lee

McGeorge School of Law Scholarly Articles

The course of legal education is changing. Many law schools are downsizing, accepting classes with lower entering credentials, and encountering a new demographic of law student. A product of standardized federal education policies like the No Child Left Be-hind Act and the Common Core State Standards Initiative, this student has fewer or less refined critical thinking skills than most first-year law professors have come to expect. Part I of this Article explores the landscape of this “new normal” in legal education, examining the effects of new law school admissions policies, changes in K-12 and undergraduate education, and the link be-tween …

Limiting Access To U.S. Courts: The Supreme Court's New Personal Jurisdiction Case Law, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

The Increasing Weight Of Regulation: Countries Combat The Global Obesity Epidemic, Emily Whelan Parento, Allyn L. Taylor, Laura A. Schmidt

McGeorge School of Law Scholarly Articles

Obesity is a global epidemic, exacting an enormous human and economic toll. In the absence of a comprehensive global governance strategy, states have increasingly employed a wide array of legal strategies targeting the drivers of obesity. This Article identifies recent global trends in obesity-related legislation and makes the normative case for an updated global governance strategy. National governments have responded to the epidemic both by strengthening traditional interventions and by developing novel legislative strategies. This response consists of nine important trends: (1) strengthened and tailored tax measures; (2) broadened use of counter-advertising and health campaigns; (3) expanded food labeling; (4) …

Expectant Fathers, Abortion, And Embryos, Dara Purvis

Faculty Scholarship

One thread of abortion criticism, arguing that gender equality requires that men be allowed to terminate legal parental status and obligations, has reinforced the stereotype of men as uninterested in fatherhood. As courts facing disputes over stored pre-embryos weigh the equities of allowing implantation of the pre-embryos, this same gender stereotype has been increasingly incorporated into a legal balancing test, leading to troubling implications for ART and family law.

Probability And Punishment: How To Improve Sentencing By Taking Account Of Probability, Jacob Schuman

Faculty Scholarship

The United States Sentencing Guidelines place little emphasis on probability. Instead, the Guidelines recommend a sentence in each case based only on whether certain facts about the offender’s crime exceed a “threshold” level of likelihood. Guidelines sentences therefore fail to reflect the precise odds of each defendant’s wrongdoing, which makes them both inefficient and unfair. This model of decision-making is particularly problematic in drug sentencing, where judges often impose lengthy sentences based on drug quantity calculations that carry a high risk of error. To address these problems, district courts should exercise their discretion and policymakers should implement reforms that incorporate …

What Patients With Disability Teach Us About The Everyday Ethics Of Healthcare, Elizabeth Pendo

Articles

In Healers: Extraordinary Clinicians at Work, by David Schenck and Dr. Larry Churchill, and in What Patients Teach: The Everyday Ethics of Health Care, their follow-up with Joseph Fanning, the authors look at the everyday experience of health care and the relationships that shape it. They call attention to the ethical dimensions of the clinical encounter and the hope for, and desirability of, a genuine human engagement between the clinician and the patient. In their view, healers are clinicians who cultivate a therapeutic relationship with their patients. They identify a set of skills that accomplish this, including welcoming …

Habermas, The Public Sphere, And The Creation Of A Racial Counterpublic, Guy-Uriel Charles, Luis Fuentes-Rohwer

Michigan Journal of Race and Law

In The Structural Transformation of the Public Sphere, Jürgen Habermas documented the historical emergence and fall of what he called the bourgeois public sphere, which he defined as “[a] sphere of private people come together as a public . . . to engage [public authorities] in a debate over the general rules governing relations in the basically privatized but publicly relevant sphere of commodity exchange and social labor.” This was a space where individuals gathered to discuss with each other, and sometimes with public officials, matters of shared concern. The aim of these gatherings was not simply discourse; these gatherings …

Recommendations On Abolishing Detention Education System For Sex Workers And Their Clients In Mainland China., Jia Ping Renzong, Liuwei Renzong, Qui Renzong

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

Abstract Forthcoming.

The Dark Frontier: The Violent And Often Tragic Point Of Contact Between Law Enforcement And The Mentally Ill., Gary Howell

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

There currently exists a widespread and unacceptable risk of violence between law enforcement personnel and mentally ill suspects. The point of contact between law enforcement and the mentally ill has evolved over the last fifty years and can trace its origins to deinstitutionalization. Deinstitutionalization aimed to close centralized, state mental health institutions in favor of decentralized, community-based mental health care facilities. Deinstitutionalization, however, created a number of consequences for the mentally ill and law enforcement. For example, in the years since deinstitutionalization, an excessive number of homeless mentally ill persons and their families have had little or no access to …