Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2019

Case Western Reserve University School of Law

Discipline
Keyword
Publication
Publication Type

Articles 1 - 30 of 150

Full-Text Articles in Law

Appeal No. 0947: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation, Ohio Oil & Gas Commission Dec 2019

Appeal No. 0947: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-471 (Gulfport Energy Corporation; Brown #9 Unit)


Appeal No. 0968: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2019

Appeal No. 0968: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409


Appeal No. 0969: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2019

Appeal No. 0969: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409


Appeal No. 0970: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2019

Appeal No. 0970: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409


Appeal No. 0938: L.D. Jenking V. Division Of Oil & Gas Resources Management And Gulfport Energy Coropration, Ohio Oil & Gas Commission Dec 2019

Appeal No. 0938: L.D. Jenking V. Division Of Oil & Gas Resources Management And Gulfport Energy Coropration, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-437 & Chief's Order 2016-451; Hogston C & A Unites (Gulfport Energy Corporation)


Appeal No. 0939: L.D. Jenking V. Division Of Oil & Gas Resources Management And Gulfport Energy Coropration, Ohio Oil & Gas Commission Dec 2019

Appeal No. 0939: L.D. Jenking V. Division Of Oil & Gas Resources Management And Gulfport Energy Coropration, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-437 & Chief's Order 2016-451; Hogston C & A Unites (Gulfport Energy Corporation)


Appeal No. 0971: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2019

Appeal No. 0971: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409


Appeal No. 0972: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2019

Appeal No. 0972: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409


Qualitative Methods In Human Rights Research, Brian K. Gran Phd Oct 2019

Qualitative Methods In Human Rights Research, Brian K. Gran Phd

Societies Without Borders

No abstract provided.


Introduction: Qualitative Methods In Human Rights Research, Lacey Caporale Oct 2019

Introduction: Qualitative Methods In Human Rights Research, Lacey Caporale

Societies Without Borders

No abstract provided.


Living On The Border: Three Generations' Biographies, Ana Kralj Phd, Tanja Rener Phd Oct 2019

Living On The Border: Three Generations' Biographies, Ana Kralj Phd, Tanja Rener Phd

Societies Without Borders

Borders of nation states are the embodiment of junction between system and lifeworld. They manifest the translation of social into physical spaces and vice versa. The authors reflect the meaning of distinctions and oppositions (us and them, here and there, safety and danger, included and excluded etc.) in construction, maintenance and disappearance of boundaries in space. In the case of borders of nation states the distinctions are identified within and grounded solely upon the political sphere, the same sphere that needs borders and distinctions in order to constitute itself. A qualitative study about the experience and meaning of Yugoslav-Slovenian-Italian border …


#Reclaimingmytime: Black Women And Femme Movement Actors’ Experiences With Intra-Movement Conflicts And The Case For A Transformative Healing Justice Model, Shaneda Destine Phd Oct 2019

#Reclaimingmytime: Black Women And Femme Movement Actors’ Experiences With Intra-Movement Conflicts And The Case For A Transformative Healing Justice Model, Shaneda Destine Phd

Societies Without Borders

This research utilizes focus groups to evaluate the intra-movement conflicts and political praxis of Black women and femme movement actors in the United States as a case for implementing a Transformational Healing Justice Model (THJM). Black women and femmes are used in this study to explain the gender expressions, identities and sexual orientations presented in this study. This model expands the Consciousness Vision and Strategy Model (CVS) by incorporating the implications of the #Sayhername Policy Booklet, the Movement for Black Lives Platform (2016), and the United States Social Forum Healing Justice Report (2014) -- to outline how Black women and …


Zero Tolerance And The Impossibilities Of Discipline--Findings From The Field, Anne Scheer Phd Oct 2019

Zero Tolerance And The Impossibilities Of Discipline--Findings From The Field, Anne Scheer Phd

Societies Without Borders

At School James, a high-poverty, high-minority inner-city elementary school in the Midwestern United States, a highly detailed system of rules and punishments is supposed to control students. The official rationale underlying this system of zero-tolerance discipline is to create environments conducive to learning. In practice, however, the meticulous system of rules, rewards, and punishments fails to achieve the desired levels of control and the realities at the school are dominated by disorder. My research sought to explain this failure and explore the consequences it has for this already marginalized student population. The present article outlines how the design of the …


Thinking Globall, Acting Locally: Cedaw And Women's Human Rights In San Francisco, Susan Hagood Lee Phd Oct 2019

Thinking Globall, Acting Locally: Cedaw And Women's Human Rights In San Francisco, Susan Hagood Lee Phd

Societies Without Borders

While the United States has ratified many of the international human rights treaties, some have been left languishing in the Senate including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In response to Senate failure to ratify the women's treaty, the city of San Francisco passed its own CEDAW ordinance in 1998 to implement the principles of women's human rights in its jurisdiction. Several factors contributed to the successful passage of the CEDAW ordinance, including a sturdy base of feminist institutions developed over three decades of women's activism, determined leadership with the commitment, skills, and …


Stories Of Syrian Refugees From Za'atari-The Second Largest Refugee Camp In The World: A Review Of Salam Neighbor, Christine A. Wernet Phd Oct 2019

Stories Of Syrian Refugees From Za'atari-The Second Largest Refugee Camp In The World: A Review Of Salam Neighbor, Christine A. Wernet Phd

Societies Without Borders

Salam Neighbor is a moving documentary which explores the human rights issues plaguing Syrian refugees. Two young film makers, Zach Ingrasci and Chris Temple, immerse themselves in Za’atari, the second largest refugee camp in the world, located just across the Syrian border in Jordan and home to over 85,000 refugees. They provide the viewer with an inside understanding of how refugee camps work and they humanize Muslim refugees. They are warmly welcomed into the camp and they are befriended by refugees like Ismail, Raouf, and Ghoussoon. The despair and vulnerability of these individuals who have chosen peace over war is …


Revisiting The Role Of Education In Global Society: Relevance Of The Concept Of “Value Generalization” In An Educational Context, Matteo Tracchi Phd Oct 2019

Revisiting The Role Of Education In Global Society: Relevance Of The Concept Of “Value Generalization” In An Educational Context, Matteo Tracchi Phd

Societies Without Borders

Interpreting global society through the morphogenetic approach, the article looks at education as one of the dimensions of social change brought about by the plural process of globalization. The role and vision of education will therefore be questioned to finally claim that education has to be revisited in culturally diverse and complex global societies. Necessary steps include moving from a market- to a human-centred approach to education and taking the paradigm of human rights as the universal point of departure. Indeed, framing the concept of “value generalization” (Joas 2013) within an educational context, the paper argues that human rights should …


Diminishing Global Power, Downgrading Human Rights: Making Sense Of American Foreign Policy Under Donald Trump, Timothy M. Gill Phd Oct 2019

Diminishing Global Power, Downgrading Human Rights: Making Sense Of American Foreign Policy Under Donald Trump, Timothy M. Gill Phd

Societies Without Borders

Scholars have remained puzzled about the direction that President Donald Trump might take the U.S. at the global level. Throughout his campaign, Trump often articulated contradictory ideas concerning his foreign policy approach. Trump evidenced warmth towards authoritarian leaders in Eastern Europe, but condemned them in Latin America. The purpose of this paper is to make sense of Trump’s foreign policy approach, and its novelties and continuities, by putting his administration into comparative-historical focus alongside Bush II and Obama. I analyze their foreign policy approach by using Michael Mann’s IEMP model of power to draw out their distinctive qualities. Similar to …


Appeal No. 0950: General Electric Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2019

Appeal No. 0950: General Electric Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2017-347


Appeal No. 0974: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2019

Appeal No. 0974: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2019-69 & 2019-77; Smith East Unit & Smith Unit (Chesapeake Exploration)


Appeal No. 0965: Brookfield Citizens Against Injection Wells, Et Al. V. Division Of Oil & Gas Resources Management And Highland Field Services, Llc, Ohio Oil & Gas Commission Aug 2019

Appeal No. 0965: Brookfield Citizens Against Injection Wells, Et Al. V. Division Of Oil & Gas Resources Management And Highland Field Services, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-286; Highland Brookfield Well #5 (Highland Field Services, LLC)


Appeal No. 0973: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2019

Appeal No. 0973: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2019-69 & 2019-77; Smith East Unit & Smith Unit (Chesapeake Exploration)


Appeal No. 0915: Dynamerican, Llc, Et. Al V. Division Of Oil & Gas Resources Management And American Energy - Utica, Llc Nka Ascent Resources - Utica, Llc., Ohio Oil & Gas Commission Jun 2019

Appeal No. 0915: Dynamerican, Llc, Et. Al V. Division Of Oil & Gas Resources Management And American Energy - Utica, Llc Nka Ascent Resources - Utica, Llc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-47 (American Energy - Utica nka Ascent Resources - Utica; Henry LND GR Unit)


Appeal No. 0962: Jeffrey D. Kuster, On Behalf Of David Kuster, Deceased V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2019

Appeal No. 0962: Jeffrey D. Kuster, On Behalf Of David Kuster, Deceased V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-114


Appeal No. 0966: Hardesty Production V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Apr 2019

Appeal No. 0966: Hardesty Production V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-242


Lunch Address: The United States' Role In International Human Rights Under The Trump Admininstration, Elisa Massimino Jan 2019

Lunch Address: The United States' Role In International Human Rights Under The Trump Admininstration, Elisa Massimino

Case Western Reserve Journal of International Law

Elisa Massimino presents an adaptation of her speech, which focuses on role of the U.S. in the international human rights. Specific topics included praise of dictoators, withdrawal from the Human Rights Council, the need to fight to preserve and restore democracy and rule of law and the Trump Adminsitration's blocking of Muslim refugees.


Non-Appropriation, No Problem: The Outer Space Treaty Is Ready For Asteroid Mining, John G. Wrench Jan 2019

Non-Appropriation, No Problem: The Outer Space Treaty Is Ready For Asteroid Mining, John G. Wrench

Case Western Reserve Journal of International Law

Has technology outrun the international law governing outer space? This dilemma presents itself as private entities become capable of space travel and new technology makes asteroid mining a reality. Although the Outer Space Treaty's "non-appropriation" principle prohibits nations from claiming sovereignty over space bodies, that restriction does not prevent resource extraction. The non-appropriation principle, interpreted alongside existing legal regimes, distinguishes between forbidden appropriation and permissible extraction. Consequently, the non-appropriation principle is most accurately viewed as a flexible premise from which the international community is free to fashion unique laws governing resource extraction in outer space.


Sifting Through The Arbitrators For The Woman, The Minority, The Newcomer, Douglas Pilawa Jan 2019

Sifting Through The Arbitrators For The Woman, The Minority, The Newcomer, Douglas Pilawa

Case Western Reserve Journal of International Law

This Note examines the process of choosing an arbitrator in international arbitration. Much of the debate and criticism of this process addresses the lack of diversity in arbitral tribunals around the world. Diversity in this context means not only traditional diversity (i.e. gender, race, ethnicity), but also the basic idea of adding "fresh faces " to arbitral tribunals. Yet the ethical obligation to provide a client with the best chance to prevail encourages counsel to choose a familiar, wellknown name with an established "track record" over a littleknown "dark horse. " This tension illustrates a fundamental point of friction in …


Talking Foreign Policy: Responding To Rogue States, Michael P. Scharf, Et Al. Jan 2019

Talking Foreign Policy: Responding To Rogue States, Michael P. Scharf, Et Al.

Case Western Reserve Journal of International Law

A one-hour radio program hosted by Dean Michael P. Scharf, in which experts such as Todd F. Buchwald, James Johnson and Milena Sterio discuss national security in the United States in light of terrorism and rogue nations have weapons of mass desdtruction.


Time's Up, Councilman: Why Military Commissions Warrant Exemption From Abstention Doctrine, Alex W.S. Lilly Jan 2019

Time's Up, Councilman: Why Military Commissions Warrant Exemption From Abstention Doctrine, Alex W.S. Lilly

Case Western Reserve Journal of International Law

In 2017, two Guantanamo Bay detainees filed writs of certiorari with the Supreme Court of the United States. Through different claims, both men argued that the military commissions convened to prosecute them lacked subject matter jurisdiction to do so. The first man, Ali Hamza Ahmad Suliman al Bahlul, challenged his conspiracy conviction on the basis that it is unconstitutional to try purely domestic offenses in a non-Artide III tribunal. The second, Abd al Rahim al-Nashiri, has not yet been tried. As such, he raised pretrial objections to his military commission's competence to try him for crimes committed pre-9/11. In October …


The Use Of Force Against "Rogue States", Amb. Todd F. Buchwald Jan 2019

The Use Of Force Against "Rogue States", Amb. Todd F. Buchwald

Case Western Reserve Journal of International Law

The article focuses on use of force law which has evolved with respect to the kinds of threats posed by the two categories of rogue states.