Law Commons^™

Medical Malpractice And The Mind-Blowing Hypocrisy Of Obamacare Repeal, Joanne Doroshow

Other Publications

No abstract provided.

Pentagon’S Discretion In Trump Trans Military Directive, Arthur S. Leonard

Other Publications

No abstract provided.

Social Control Of Wealth In Antebellum New York, William P. Lapiana

Articles & Chapters

No abstract provided.

The Fmla And Psychological Support: Courts Care About "Care" (And Employers Should, Too), Katherine Stallings Bailey

Michigan Law Review

The Family and Medical Leave Act (“FMLA”) recognizes an employee’s right to take leave to care for a qualifying family member. In light of the Act’s remedial nature, the intended scope of the care provision is broad, but its definitional details are sparse. As a result of the attendant interpretive discretion afforded to courts, the Seventh Circuit announced its rejection of the requirement—first articulated by the Ninth Circuit—that care provided during travel be related to continuing medical treatment. A facial analysis of the resulting circuit split fails to appreciate the fundamental difference between the Seventh and Ninth Circuits’ considerations: the …

Mixed-Status Families And The Threat Of Deportation, Eloisa P. Haynes

The Journal of Sociology & Social Welfare

This article offers a description of deportation, explores the effects of deportation in the lives of mixed-status families, as well as, outlines the social and economic cost of deportations to American communities. This article argues that the toll imposed on U.S. citizens, both relatives of those deported and members of the community, renders deportation, in most circumstances, an unfavorable policy that does more harm than good. A policy which is intended to protect Americans and curtail unauthorized migration, instead creates injustice, fragments families and communities, and creates a significant negative impact on the U.S. economy.

Blurring Professional Borders In Service Of Anti-Poverty Collaboration: Combining Social Work Skills And An Anti-Oppressive Feminist Lens With Legal Aid, Andrew C. Schoeneman

The Journal of Sociology & Social Welfare

The history of legal aid is contested and gendered. Like social work, since the late 1800s professionalization and broader political forces have pushed legal aid toward greater focus on individual-level interventions to alleviate poverty. As a result, the capacity of contemporary legal aid programs to work collaboratively with low-income communities to address their legal and non-legal concerns is limited. This article traces the shared histories and commitments of legal aid and social work, calls for an increased collaboration between legal aid programs and social workers, and proposes an anti-oppressive, feminist theoretical perspective to guide this collaboration. By embracing collaboration across …

Reconsidering Pre-Indictment Publicity: Racialized Crime News, Grand Juries And Tamir Rice, Bryan Adamson

Faculty Articles

"This Article examines pre-indictment publicity or, more accurately, grand jury subject-matter relevant media publicity. It examines the Rice shooting and Loehmann-Garmback grand jury process to determine, from a legal and policy perspective, what should be done to safeguard the integrity of the grand jury process in which police officers are investigatory targets for alleget use of lethal force, when the controversy is racially-charged, and where the media demonstrates pro-law enforcement and anti-minority bias."

Tribute To Professor Jonathan L. Entin, Bryan Adamson

Faculty Articles

The editors of the Case Western Reserve Law Review respectfully dedicate this issue to Professor Jonathan L. Entin.

The Value Of Online Law Review Supplements For Junior And Senior Faculty, Steven Bender

Faculty Articles

The article asserts that scholarly ideas matter more than form and that online supplement scholarship can be counted and valued for these institutional purposes.

Article 7 Meets Chapter 11: Exploring The Debtor's Request To Pay Prepetition Claims Of Shippers And Warehouses, Diane Lourdes Dick

Faculty Articles

No abstract provided.

Who Owns Human Capital?, Lily Kahng

Faculty Articles

This Article analyzes the tax law's capital income preference through the lens of intellectual capital, an increasingly important driver of economic productivity whose value derives primarily from workers' knowledge, experience and skills. The Article discusses how business owners increasingly are able to "propertize" labor into intellectual capital-to capture the returns on their workers' labor by embedding it in intellectual property and to restrict workers' ability to employ their skills and knowledge elsewhere. The Article then shows how the tax law provides significant subsidies to the process of propertization and thereby contributes to the inequitable distribution of returns between business owners …

Judges Need To Exercise Their Responsibility To Require That Eligible Defendants Have Lawyers, Robert C. Boruchowitz

Faculty Articles

There are many courts in the United States, particularly misdemeanor courts, in which accused persons appear and often plead guilty without ever receiving the advice of counsel, even when they are eligible for a public defender. In various states, between twenty-five and sixty-eight percent of the defendants in misdemeanor cases do not have lawyers. In many courts in South Carolina, there is no public defender ever available. The American Civil Liberties Union (“ACLU”) has filed a class action lawsuit against two South Carolina cities, alleging that they are unconstitutionally denying counsel to eligible accused persons.

There is no question that …

Dismissals As Justice, Anna Roberts

Faculty Articles

More than a third of our states have given judges a little-known power to dismiss prosecutions, not because of legal or factual insufficiency, but for the sake of justice. Whether phrased as dismissals “in furtherance of justice” or dismissals of de minimis prosecutions, these exercises of judicial power teach two important lessons. First, judges exercising these dismissals are rebutting the common notion that in the face of over-criminalization and over-incarceration they are powerless to do more than rubber-stamp prosecutorial decision making. In individual cases, they push back against some of the most problematic aspects of our criminal justice system: its …

Laudato Si': Engaging Islamic Tradition And Implications For Legal Thought, Russell Powell

Faculty Articles

This Essay considers the 2015 papal encyclical Laudato si's' engagement with Islamic religious and legal traditions in order to identify shared ethical and jurisprudential commitments and their broader implications for law. By 2025, Muslims will constitute 30% of the population of the world,2 while Catholics will likely be between 15% and 20%. The history of interreligious conflict is long and enduring. In many cases, legal structures related to security and immigration have exacerbated these tensions, prompting uncertainty and instability.5 Laudato si' is a strategic document, intended to address climate change, increasing economic inequity, and interreligious conflict by opening a space …

Discovering Innovation: Discovery Reform & Federal Civil Rulemaking, Brooke D. Coleman

Faculty Articles

Federal civil rulemaking—the process by which the Federal Rules of Civil Procedure are created and maintained—has simultaneously been described as a crisis and a crowning achievement. This Article departs from this binary and pragmatically turns to a consideration of how the committee operates. Using the lens of discovery reform, this Article examines how the rulemaking process has evolved over the past 35 years. The ups and downs of discovery reform have inspired the committee to adopt many modern rulemaking innovations. Those innovations, this Article argues, are critical to the success of the rulemaking process because they provide rulemakers with better …

China And India's Differing Investment Treaty And Dispute Settlement Experiences And Implications For Africa, Won Kidane

Faculty Articles

This article examines China’s and India’s differing investment treaty and dispute settlement experiences and the resulting implications for Africa. It attempts to answer the question of whether there is evidence of China’s and India’s attempt to take advantage of the default structural imbalance enabled by centuries of international investment laws and institutions that favor the investor. The Article begins by presenting the background of the current economic reality and trends that necessitate the evaluation of the existing rules and institutions. It then presents a detailed assessment of this phenomenon by focusing on the investment cases brought against India for context, …

Disrupting Work Law: Arbitration In The Gig Economy, Charlotte Garden

Faculty Articles

No abstract provided.

The Myth Of Merit: The Garland Nomination, The Friendly Legacy, And The Slipperiness Of Appellate Court Qualifications, Andrew Siegel

Faculty Articles

No abstract provided.

Procedural Justice And The Discursive Construction Of Narratives At Trial: Global Perspectives, Janet Ainsworth

Faculty Articles

The structure and practices of justice systems in many parts of the world are undergoing what can be seen as a kind of revolution – and one not merely of professional interest to lawyers and judges. What we are seeing in nation after nation is a move from inquisitorial models of legal adjudication toward adversarial models. The discourses of adjudication in these contrasting types of trials are changing the ways in which lawyers, judges, and witnesses come to see their role in the process. The change has implications that extend far beyond the courtrooms in which trials play out, however. …

The Bamboo Ceiling: A Study Of Barriers To Asian American Advancement, Emily Cheng

UROP Posters

The idea of cultural diversity in the workplace is a popular one, generating much discussion about the inclusion of and affirmative action toward minorities. However, these conversations rarely involve Asian Americans, who despite above-average levels of educational achievement, household income, and employment, find themselves underrepresented in and shut-out of upper-level management positions. In this project, I investigated the stereotype of East-Asian Americans as a model minority (created by non-Asians) to find out why East-Asian Americans are underrepresented in upper-level management in corporate workplaces, a phenomenon known as the “bamboo ceiling.” I explored a variety of scholarly sources that analyzed the …

3d Printing: What Could Happen To Products Liability When Users (And Everyone Else In Between) Become Manufacturers, James M. Beck, Matthew D. Jacobson

Minnesota Journal of Law, Science & Technology

No abstract provided.

Copyright And A Synergistic Society, Tracy Reilly

Minnesota Journal of Law, Science & Technology

No abstract provided.

Intersecting Disadvantages: Race, Gender, And Age Discrimination Among Attorneys., Todd Collins, Tao L. Dumas, Laura Moyer

Faculty and Staff Scholarship

This article explores the impact of race, gender, age, and intersectionality on attorneys’ perceptions of unfair treatment by other lawyers and on satisfaction with their legal careers. Using an original survey of over 2,000 attorneys, ordered logit is utilized to analyze attorneys’ perceptions of disparate treatment based on race, gender, and age and to test whether minority female attorneys face unique barriers within their professional relationships. We find that minority women are more likely than others to perceive unfair treatment based on race, gender, and age. This also contributes to lower career satisfaction for attorneys who are women of color …

Certificate Of Need In The Post-Affordable Care Act Era, Emily Whelan Parento

Kentucky Law Journal

Certifcate of need ("CON") programs were conceived approximately fifty years ago as supply constraint mechanisms for healthcare services, in an environment that is essentially unrecognizable today. Every aspect of the healthcare landscape has changed dramatically, particularly in the years since the enactment of the Affordable Care Act. The historical rationales in support of CON programs have been vigorously questioned by scholars across disciplines, roundly criticized by the federal government, and largely disproven by research. Yet the status quo persists with thirty-five states retaining CON laws, due in large part to a combination of entrenched interests and polrical inertia that prevents …

Removing Recalcitrant County Clerks In Kentucky, Shawn D. Chapman

Kentucky Law Journal

Events in 2015 surrounding Rowan County Clerk Kim Davis showed how removing county clerks from office is not a simple task in Kentucky. At present, removal can be accomplished only by the same dfficult means required to remove a state-wide executive offlcer, meaning the county clerk has the same tenure as the governor and attorney general. Historically, however, the county clerk was removable by other, lesser means, as were all other county officers. Today, the other county offcers are still removable by those lesser means, but the county clerk is not, resulting in a removal gap. That gap first appeared …

Improving Protections For Whistleblowers: Why Congressional And Agency Intent Helped Provide The Second Circuit With The Correct Answer Of Encouraging Reporting Of Securities Violations, Alison M. Zeitlin

Kentucky Law Journal

No abstract provided.

Bringing In The Sheaves: Combating Televangelists' Abuse Of The Internal Revenue Code, Cody S. Barnett

Kentucky Law Journal

No abstract provided.

What The Polls Produce: Why Kentucky Should Retain Nonpartisan Elective Selection Of Its Supreme Court Justices, Nolan M. Jackson

Kentucky Law Journal

No abstract provided.

Predictors Of Municipal Bankruptcies And State Intervention Programs: An Exploratory Study, Laura N. Coordes, Thom Reilly

Kentucky Law Journal

Why do some struggling cities file for bankruptcy while others, facing simiar circumstances, do not? This Article builds on the literature examining the causes and consequences ofmunicipal fiscal distress by exploring specific factors that lead municipalities to seek help from the state and federal government. Viewing municipal opportunities and constraints through political, economic, and legal lenses, this Article helps to explain the nuances ofmunicival decision making.

After identifiing eight factors that may serve as predctors of municipal insolvency, the authors studied cities in Fiscal distress with an eye toward uncovering the circumstances that led each of these cities into and—if …

Legalzoom And Online Legal Service Providers: Is The Development And Sale Of Interactive Questionnaires That Generate Legal Documents The Unauthorized Practice Of Law?, Emily Mcclure

Kentucky Law Journal

No abstract provided.