Law Commons^™

A Health Justice Approach To Abortion, Maya Manian

Scholarly Articles in Law Reviews & Journals

The Supreme Court’s watershed decision in Dobbs v. Jackson Women’s Health Organization, overturning fifty years of precedent protecting abortion rights, has led to chaos in both the legal and public health landscapes. With Roe v. Wade eliminated, reproductive rights and justice advocates urgently need new frameworks to help regain access to comprehensive reproductive health care in the long term. Recently, a number of legal scholars have argued in favor of medicalizing civil rights—adopting the framework of health justice to talk about civil rights issues. Scholars argue that the health justice framework could be used to advance civil rights in the …

Exiting The American Dream, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

Exit planning among U.S. citizens is on the rise. A confluence of worrisome domestic conditions— including societal violence, the curtailment of individual rights, and creeping authoritarianism— has prompted U.S. citizens to contemplate and plan for a possible departure from the country. Among the more popular exit pathways, particularly for minorities in the United States who have experienced or fear identity-based mistreatment, are programs that allow descendants of citizens or other members of the diaspora to acquire status in their ancestral homelands. Decades or even centuries after their ancestors’ arrival, present-day U.S. citizens are considering a return journey, thereby disrupting long-standing …

Committed To Copyright's Constitutional Role, Michael W. Carroll

Scholarly Articles in Law Reviews & Journals

Who is Pam Samuelson? She is many things to many people: scholar, teacher, mentor, leader, advocate, and friend, to name a few. One could easily add “force of nature” to the list. This Article suggests adding the term “loyalist” to argue that an important through-line in Pam’s work has been an unwavering commitment to understanding and promoting copyright law’s ability to serve its purpose in our constitutional order.

Protecting Free Speech In Social Media: A Pathway To Self-Determination In International Law, Sydney Marie Harley

Emory International Law Review Recent Developments

With the growth of Internet and social media usage, state regulatory action to surveil and censor citizens is running rampant. As the principle of self-determination stands, minority populations are typically bearing the brunt of these attacks, receiving little protection under domestic and international law. Self-determination within international law must be restructured into a definitive pathway that includes protecting the freedom of speech to encourage discourse and tolerance between the State and its minority populations. This article proposes a solution that could fill the gap in international law formed by insufficient domestic rule in States that neglect to protect these populations …

Diamonds (And War Crimes) Are Forever: Creating A Time-Immune Framework For The Repatriation Of Stolen Cultural Heritage Objects Applying Pillage Principles, Olivia Tyler Dickinson Dibb

Emory International Law Review Recent Developments

There is a long global history of invading countries laying claim to the cultural heritage object of the states they conquer. In the modern age, there is some international law in place to govern the repatriation of misappropriated (stolen) cultural heritage items. However, none of the applicable conventions is retroactive, rendering them ineffective concerning all objects misappropriated prior to 1954. Given the timing of globalization and global colonization practices, this means that the range of object to which existing international law applies is very limited indeed. This comment proposes a new legal framework for repatriation of cultural heritage objects incorporating …

Patient Access To At-Home Health Care Device Data Toward A Legal Framework, Charles Duan, Christopher J. Morten

Contributions to Books

No abstract provided.

The Potential Power Of Cedaw In America's Post-Roe Abortion Debate Outside Of Its Formal Mechanisms, Hannah Grayson

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

A War On Ukraine, A War On Culture: Protecting Cultural Identity In International Law, Anastasiya Kadukov

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

Historicizing Same-Sex Marriage Debate In The Legal Periphery: Savigny, Nakagawa, And The Korean Marriage, Rama Hyeweon Kim

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

Global advocates for incorporating same-sex marriage into local family laws often argue for it using universal language of rights and nondiscrimination. They also contrast progressive countries with those that are behind in this respect. This Article resists a thin comparison driven by a universalist impulse and instead engages in an exploration of “local” family law in South Korea. Using the recent Supreme Court decision that extended spousal coverage of national health insurance to same-sex couples as an entry point, this Article offers brief histories of two distinct legal ideas and developments within Korean family law, both involving a deep and …

Accounting For The Unaccountable: Does The Holding Foreign Companies Accountable Act Deter Chinese Companies?, Grant Newman

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

The Holding Foreign Companies Accountable Act (“HFCAA” or “the Act”) threatens to prohibit trading in Chinese companies listed in the United States if the Public Certified Accounting Board (“PCAOB”) is unable to oversee their respective Chinese auditors. By assessing the limits of protection the HFCAA offers U.S. investors, this Note argues that the statute’s more fundamental objective is to deter Chinese companies from listing in the United States. Hence, this Note asks whether the HFCAA deters or will deter Chinese companies from listing or remaining listed in the United States. To answer this, this Note examines data collected by the …

International Human Rights And Chinese-American Trade Relations After The Uyghur Forced Labor Prevention Act, Matthew Cline

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

2024 Tax Aggregate Report Of Tennessee, Tennessee. State Board Of Equalization, Tennessee. Comptroller Of The Treasury

Tax Aggregate Reports

The Tax Aggregate Report is an annual publication of the State Board of Equalization, as required by Tennessee Code Annotated §4-3-5105. It contains selected property tax information for cities and counties and, in some instances, statewide totals.

Our Troubling Failures In Solving Crimes: Rethinking Legal Limits On Crime Investigation, Paul H. Robinson, Jeffrey Seaman, Muhammad Sarahne

Case Western Reserve Law Review

No abstract provided.

Volume 75 Issue 1 (2024), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Regulating Entities, Not Activities: Reforming The Environmental Permit Raj, Andrew P. Morriss, Roger E. Meiners

Case Western Reserve Law Review

No abstract provided.

Volume 75 Issue 2 (2024), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Avoision: When Government Lawyers Turn The Sovereign Against Itself, Richard W. Painter

Case Western Reserve Law Review

No abstract provided.

A Trap For Local Governments: Legislative Exactions After Sheetz V. County Of El Dorado, Andrew Klemm

Case Western Reserve Law Review

No abstract provided.

Tools Do Not Create: Human Authorship In The Use Of Generative Artificial Intelligence, Michael D. Murray

Journal of Law, Technology, & the Internet

Artistic tools, from brushes to complex algorithms, don’t create art; human artists do. The advent of generative AI tools like Midjourney, DALL-E, and Stable Diffusion has blurred this understanding, causing observers to believe these tools are the authors of the artworks they produce, even so far as to imagine that the artworks are “created” by the AI in the copyright sense of the word. Not so.

The U.S. Copyright Office recently issued guidance on the copyrightability of works produced using generative AI tools. The Office has accepted the narrative that AI tools perform the steps of authorship, conceiving of the …

Remote Workers, Ever-Present Risk: Employer Liability For Data Breaches In The Era Of Hybrid Workplaces, David Golubock

Journal of Law, Technology, & the Internet

The years since the onset of the COVID-19 pandemic have seen explosive growth in the number of remote workers, and companies have struggled to cope with a perceived loss of productivity and establish reliable methods of remote access to cope with this influx. At the same time, the last few years have seen a continued rise in the threat of data breaches, as sophisticated groups of malicious actors have targeted businesses and governments, locking systems with ransomware and exposing sensitive company data and employees' personal information. This article aims to examine the intersection between these two trends, examining how an …

Big Tech Becomes Psychic: The End Of Personal Autonomy, Zachary Williams

Journal of Law, Technology, & the Internet

Individual choice is being threatened. Private companies already held the ability to nudge consumer choices with targeted advertising. Now, with the rise in data collection and the innovation of technology and machine learning, companies are beginning to garner the ability to entirely manipulate them. Major companies can create a psychographic profile of any user using copious amounts of data collected and stored in what is essentially a library of information on each user. With access to personal or sensitive data from multiple digital markets, the profile could not only correctly identify not only a user’s likes and dislikes, but even …

A New Frontier In Online Dispute Resolution: Combining Ai And Mindfulness, Noopur Amin

Journal of Law, Technology, & the Internet

The use of artificial intelligence (AI) in dispute resolution has gained attention due to its potential to streamline the resolution process and reduce costs. The purpose of this paper is to explore the integration of AI with alternative dispute resolution (ADR) processes and propose an online dispute resolution (ODR) model that combines elements of mindfulness and different forms of AI. The paper begins by providing an overview of the history of ODR and introducing Lodder and Zeleznikow's three-step ODR model. It then explores the role of AI in dispute resolution and provides a brief history of AI generally. The comparison …

Artificial Intelligence In The Courtroom: Forensic Machines, Expert Witnesses, And The Confrontation Clause, Ian Maddox

Journal of Law, Technology, & the Internet

From traditional methods like ballistics and fingerprinting, to the probabilistic genotyping models of the twenty-first century, the forensic laboratory has evolved into a cutting-edge area of scientific exploration. This rapid growth in forensic technologies will not stop here. Considering recent developments in artificial intelligence (“AI”), future forensic tools will likely become increasingly sophisticated. To be sure, AI-enabled forensic tools are far from theoretical; AI applications in the forensic sciences have already emerged in practice. Machine learning-enabled acoustic gunshot detectors, facial recognition software, and a variety of pattern recognition learning models are already disrupting law enforcement operations across the country. Soon, …

Introduction - Permitting The Future, Jonathan H. Adler

Case Western Reserve Law Review

No abstract provided.

Infrastructure For The Energy Transition, Timothy Fitzgerald

Case Western Reserve Law Review

No abstract provided.

Permitting The Energy Transition, James W. Coleman

Case Western Reserve Law Review

No abstract provided.

The New Nepa? – A Case Study In Congressional Frustration, Victor Flatt

Case Western Reserve Law Review

No abstract provided.

Cracking Causation: The Need For A Workable Link Between The Anti-Kickback Statute And False Claims Act, Andrew Mcgirty

Case Western Reserve Law Review

No abstract provided.

Reconciling With The State: A Narrative Inquiry Into The Perspectives Of Reconciliation Of Wrongfully Convicted Persons In Southern Nigeria, Chinyere Erica Chisom

Department of Conflict Resolution Studies Theses and Dissertations

Wrongfully convicted persons in Nigeria experience numerous harms and losses from their wrongful convictions and face various challenges after their exoneration and release from prison. These adverse effects occur on multiple levels of the wrongfully convicted persons’ relationships and impact these relationships in profound ways. Although legal remedies exist to deal with the aftermath of wrongful convictions in Nigeria, they are grossly inadequate. Reconciliation, an innovative, holistic, and restorative measure, is required to address the impact of these devastating experiences and repair the affected relationships. Grounded in the social contract, human needs, and restorative justice theories, this study employed a …

State Constitutional Prohibitions Of Slavery And Involuntary Servitude, Michael L. Smith

Faculty Articles

In recent years, the Thirteenth Amendment has drawn sustained criticism for its “Punishment Clause,” which exempts those duly convicted of criminal offenses from the Amendment’s prohibition of slavery and involuntary servitude. Citing the Punishment Clause, courts have struck down challenges by those sentenced to forced labor, arguing that such involuntary servitude is explicitly permitted for those convicted of crimes. Recent criticism draws on concerns over mass incarceration and expansive forced labor practices—urging that the Thirteenth Amendment be revised to remove the Punishment Clause.

Prompted by increased attention to and criticism of the Punishment Clause, some states have taken matters into …