Law Commons^™

Tribute To Professor Paul Giannelli, Brandon L. Garrett

Case Western Reserve Law Review

No abstract provided.

Firearm-Mark Evidence: Looking Back And Looking Ahead, David H. Kaye

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Paul Giannelli, Francis A. Gilligan

Case Western Reserve Law Review

No abstract provided.

Testing Religion: Adjudicating Claims Of Religious Persecution Brought By Iranians In The U.S. And Germany, Holger Sonntag

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 68 Issue 4 (2018)

Case Western Reserve Law Review

No abstract provided.

Volume 68 Issue 4 (2018), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Stop Repeating History: The Story Of An Amicus Brief And Its Lessons For Engaging In Strategic Advocacy, Coalition Building, And Education, Robert S. Chang, Alice Hsu, Robert A. Johnson, Elizabeth C. Rosen, Sofie Syed

Case Western Reserve Law Review

No abstract provided.

No One Is An Inappropriate Person: The Mistaken Application Of Gebser's "Appropriate Person" Test To Title Ix Peer-Harassment Cases, Brian Bardwell

Case Western Reserve Law Review

No abstract provided.

Volume 69 Issue 1 (2018), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

2018 Sumner Canary Memorial Lecture: Our Newest Justice: Some Thoughts On Justice Gorsuch's Debut Opinions, Honorable Diane S. Sykes

Case Western Reserve Law Review

No abstract provided.

Marketing, Federalism, And The Fight Against Teen E-Cigarette Use: Analyzing State And Local Legislative Options, Anne Hurst

Case Western Reserve Law Review

No abstract provided.

Legal Realism And The Controversy Over Campus Speech Codes, Richard Delgado

Case Western Reserve Law Review

No abstract provided.

Humanitarian Regulation Of Hostiles: The Decisive Element Of Context, Geoffrey S. Corn

Vanderbilt Journal of Transnational Law

Today, isolated force-on-force battles are considered a relic of the past. Instead, armed forces must expect to conduct combined arms maneuver operations in and around civilians and civilian population centers. And this expectation is only increased when anticipating operations against enemies who see embedding their vital assets in densely populated areas as a force multiplier. This perception is based on not only the inherent tactical advantages of embedding assets among civilian population centers (such as ready access to logistics and lines of communication), but also their recognition that the complexity of conducting operations against these assets in a legally compliant …

Regulating Marijuana Advertising And Marketing To Promote Public Health: Navigating The Constitutional Minefield, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

Marijuana legalization, at least to some extent, is now a reality in half of the United States. This shift reflects on one hand the good reasons to decriminalize marijuana use and to legalize and regularize its cultivation, distribution, and retail sale. However, legalization also introduces substantial public health dangers and injects the potent tool of advertising and marketing to promote marijuana into the struggle for persuasive influence between sellers aimed at increasing profits and regulators trying to minimize the damages to public health. Limits on advertising and marketing to reduce adverse public health consequences are difficult to impose because of …

Everywhere A Cluck-Cluck: Frigaliment Importing Co. V. B.N.S. Int'l Sales Corp., Michael P. Malloy

McGeorge School of Law Scholarly Articles

No abstract provided.

Judging Well, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

Can judges interpret the law in a manner that is objectively verifiable, or do judges necessarily – even if unconsciously – inject their own predispositions and biases into their decisions? It is difficult to decide whether such a question is frivolous in the post-Realist age, or whether it is the is the single most important question that we can ask about our legal system. I endorse both responses. The question, as phrased, is both vitally important and unanswerable on its own terms. Rather than seeking an elusive objective standard by which to measure the correctness of “a judgment,” I argue …

Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall

McGeorge School of Law Scholarly Articles

Independent craft breweries contributed approximately $68 billion to the national economy last year. However, an arcane regulatory scheme governs the alcohol industry in general and the craft beer industry specifically, posing both obstacles and benefits to independent craft brewers. This Essay examines regulations that arguably infringe on free speech: namely, commercial speech regulations that prohibit alcohol manufacturers from purchasing advertising space from retailers. Such regulations were enacted to prohibit undue influence and anticompetitive behavior stemming from vertical and horizontal integration in the alcohol market. Although these regulations are necessary to prevent global corporate brewers from dominating the craft beer market …

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous …

Joshua Dressler And “The Incident” – More Evidence Of Liberal Bias?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright

Faculty Scholarship

Autonomy is a central principle in many areas of health law. In the case of end-of-life decision-making law and policy, however, the principle of autonomy requires revision. On the whole, law conceptualizes autonomy at the end of life as an individual making private, personal decisions based solely on their interests and values, and independent of others. But ordinary people understand autonomous decisionmaking at the end of life differently, in a way that acknowledges the importance of their interpersonal relationships. Social science research has documented that strengthening relationships with others, sharing responsibility in the decision-making process with healthcare providers, and taking …

The Imperfect But Necessary Lawsuit: Why Suing State Judges Is Necessary To Ensure That Statutes Creating A Private Cause Of Action Are Constitutional, Stephen N. Scaife

Law Student Publications

"State legislatures can indirectly, but effectively, restrict constitutional rights by enacting statutes that create a private cause of action. This is possible when the cause of action creates potential damages that are so severe as to de facto compel people and entities from engaging in certain conduct. For example, if a statute allows private citizens to sue a person when that person engages in X, then individuals and entities may cease to engage in X if the possible liability arising from engaging in X is too significant. When the United States Constitution protects the conduct that the statute de facto, …

"When They Enter, We All Enter": Opening The Door To Intersectional Discrimination Claims Based On Race And Disability, Alice Abrokwa

Michigan Journal of Race and Law

This Article explores the intersection of race and disability in the context of employment discrimination, arguing that people of color with disabilities can and should obtain more robust relief for their harms by asserting intersectional discrimination claims. Professor Kimberlé Crenshaw first articulated the intersectionality framework by explaining that Black women can experience a form of discrimination distinct from that experienced by White women or Black men, that is, they may face discrimination as Black women due to the intersection of their race and gender. Likewise, people of color with disabilities can experience discrimination distinct from that felt by people of …

Sexual Abuse Of Juveniles In Correctional Facilities: A Violation Of The Prison Rape Elimination Act, Sara Medina

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Pledging Patents For The Public Good: Rise And Fall Of The Eco-Patent Commons, Jorge L. Contreras, Bronwyn H. Hall, Christian Helmers

Utah Law Faculty Scholarship

Commons and pledge structures have been used to achieve various goals of patent holders, including the advancement of social and philanthropic aims. The article analyzes the formation and structure of a widely acclaimed effort to pool patents for the promotion of green/clean technologies – the Eco-Patent Commons (EcoPC) – as well as its actual impact on technology diffusion and the factors leading to its demise in 2016. We combine quantitative econometric techniques with qualitative interviews to paint the most complete picture of this innovative and ambitious effort to date. Our quantitative results show that the patents contributed to the EcoPC …

A Response To Dismantling Monuments, John C. Ruple

Utah Law Faculty Scholarship

This article refutes the main arguments made in Dismantling Monuments, which recently appeared in the Florida Law Review. It shows that national monument designations have been used to protect large landscapes for more than a century, and that no legal challenge to a monument’s size has ever succeeded. It then explains why the weight of evidence suggests that Congress, in passing the Antiquities Act, intended to endow the President with the power to designate national monuments; but that Congress did not intend to vest the President with the power to dramatically reduce them. It also dispels notions that in reducing …

Jurisdiction-Specific Wrongful Conviction Rate Estimates: The North Carolina And Utah Examples, Paul Cassell

Utah Law Faculty Scholarship

Determining an error rate for wrongful convictions remains among the most pressing problems in the criminal justice literature. In a response to my earlier article, Professor George Thomas has offered an intriguing way to make that determination—through examining innocence cases uncovered through North Carolina’s Innocence Inquiry Commission. This Reply reassesses Thomas’s North Carolina estimate rate, concluding it to be somewhat too high. This Reply then looks at another state—my home state of Utah—to find another possible jurisdictionspecific error rate. Properly calculated, the wrongful conviction rates for North Carolina and Utah support my earlier-offered suggestion of a wrongful conviction rate in …

Who's Pretending To Care For Him? How The Endless Jail-To-Hospital-To-Street-Repeat Cycle Deprives Persons With Mental Disabilities The Right To Continuity Of Care, Naomi Weinstein, Michael L. Perlin

Articles & Chapters

There is a well-documented “shuttle process” by which individuals committed to psychiatric institutions (having been charged with minor “nuisance”-type criminal offenses) are often stabilized, returned to jail to await trial, and then returned to the hospital following relapse. This shuttling or cycling is bad for many reasons, not least of which is the way that it deprives the cohort of individuals at risk from any meaningful continuity of care. Continuity of care is crucial in order to reduce the rate of incarceration and institutionalization for persons with mental illness. Without this continuity, it is far less likely that any therapeutic …

Can The President Control The Department Of Justice?, Bruce Green, Rebecca Roiphe

Articles & Chapters

As the investigation into President Trump's campaign ties to Russia grows increasingly intense, it is critical to understand how much control the President has over the Attorney General and the Department of Justice. Some critics claim that the President has absolute power to direct federal prosecutors and control their decisions. The President and his lawyers, joined by several scholars, take this claim one step further by arguing that the chief executive could not be guilty of obstruction of justice because his control over all prosecutorial decisions is absolute. This issue last arose during the Nixon Administration. The Department of Justice …

Visual Literacy For The Legal Profession, Richard K. Sherwin

Articles & Chapters

Digital technology has transformed the way we communicate in society. Swept along on a digital tide, words, sounds, and images easily, and often, flow together. This state of affairs has radically affected not only our commercial and political practices in society, but also the way we practice law.

Unfortunately, legal education and legal theory have not kept up. Inconsistencies and unpredictability in the way courts ascertain the admissibility of various kinds of visual evidence and visual argumentation, lapses in the cross examination of visual evidence at trial, and inadequately theorized notions of visual meaning and the epistemology of affect tell …

Performance Of The Early Access Ampliseqtm Mitochondrial Panel With Degraded Dna Samples Using The Ion Torrenttm Platform, Mark Barash

Faculty Research, Scholarly, and Creative Activity

No abstract provided.