Case Western Reserve Law Review
- ORIGINALISM AT HOME: THE ORIGINAL UNDERSTANDING OF OHIO'S HOME RULE AMENDMENT.
- LAW, RELIGION, AND RACIAL JUSTICE: A COMMENT ON DERRICK BELL'S LAST ARTICLE.
- Appellate courts and independent experts.
- Ethical limits on civil litigation advocacy: a historical perspective.
- Getting to "sometimes": expanding teachers' First Amendment rights through "Garcetti's caveat".
- JUSTICE ON THE MERITS: AN ANALYSIS OF THE HOLOCAUST EXPROPRIATED ART RECOVERY ACT OF 2016.
- Climate change and natural gas dynamic governance.
- The voluntary work program: expanding labor laws to protect detained immigrant workers.
- THOSE ARE FIGHTING WORDS, AREN'T THEY? ON ADDING INJURY TO INSULT.
- Law school clinics and the First Amendment.
- THE LEGAL IMPLICATIONS OF REMOTE EXAM PROCTORING: EXTENDING FEDERAL LAW TO PROTECT STUDENT PRIVACY.
- CHALLENGING THE CONSTITUTIONALITY OF ANTI-IMMIGRANT STATE LEGISLATION: A TWO-PRONG APPROACH.
- Laura Chisolm: an advocate and ally.
- Rules, standards, and the reality of obviousness.
- A positive political economic theory of environmental federalization.
- WE CAN'T BREATHE: REIMAGINING EQUAL PROTECTION AS A COLLECTIVE RIGHT.
- Arbitrary law enforcement is unreasonable: Whren's failure to hold police accountable for traffic enforcement policies.(Whren at Twenty: Systemic Racial Bias and the Criminal Justice System)
- Jimmy Carter's and James Miller's revenge: the reasons and the consequences for presidential and congressional power of measures to ban congressional "earmarks".(Symposium: Executive Discretion and the Administrative State)
- Beyond family law.
- Regulating Entities, Not Activities: Reforming the Environmental Permit Raj.
- MAKING CAPITAL MARKETS WORK FOR WORKERS, INVESTORS, AND THE PUBLIC: ESG DISCLOSURE AND CORPORATE LONG-TERMISM.
- Trauma-Informed Policing: The Impact of Adult and Childhood Trauma on Law Enforcement Officers.(Black Transcends Blue)
- EVALUATING REGULATORY PERFORMANCE: LEARNING FROM AND INSTITUTIONALIZING RETROSPECTIVE ANALYSIS OF EPA REGULATIONS.
- Introduction: EVERYTHING OLD IS NEW AGAIN--ADVANCING TECHNOLOGY AND ENDURING PROBLEMS IN AMERICAN DEMOCRACY.
- LAND USE REGULATION AS A FRAMEWORK TO CREATE PUBLIC SPACE FOR SPEECH AND EXPRESSION IN THE EVOLVING AND RECONCEPTUALIZED SHOPPING MALL OF THE TWENTY-FIRST CENTURY.
- UNDERSTANDING COPYRIGHT'S FIRST ENCOUNTER WITH THE FINE ARTS: A LOOK AT THE LEGISLATIVE HISTORY OF THE COPYRIGHT ACT OF 1870.
- O'REILLY V. MORSE AND CLAIMING A "PRINCIPLE" IN ANTEBELLUM ERA PATENT LAW.
- A tribute to Professor Chisolm.(former Case Western Reserve University School of Law professor)
- THE FUTURE OF STATE STANDING AND THE CONTROVERSIAL MASSACHUSETTS V. EPA DECISION: UNITED STATES V. TEXAS AND BIDEN V. NEBRASKA PROVIDE MIXED SIGNALS.
- REPATRIATING THE DEAD: THE NECESSITY OF AN ENSLAVED PEOPLES' GRAVE REPATRIATION ACT TO BREAK ONE OF THE SURVIVING CHAINS OF SLAVERY.
- BIRTH DIRECTIVES: A MODEL TO ADDRESS FORCED AND COERCED CESAREANS.
- Understanding United States v. Windsor and the symposium contributions using unidirectional and bidirectional models of Supreme Court decision making.
- Congress, the solicitor general, and the path of reapportionment litigation.
- THE CONSTITUTIONALIZATION OF FATHERHOOD.
- The mature product preemption doctrine: the unitary standard and the paradox of consumer protection.
- Teaching as product differentiation: studying under professor Arthur D. Austin.
- SACKETT AND THE CONTINUED ATOMIZATION OF THE CLEAN WATER ACT.
- TEACHING TORT MYTHS.(Tribute to Professor Peter M. Gerhart)
- Wilbur Leatherberry: our center of gravity.
- THE BRAND X EFFECT: DECLINING CHEVRON DEFERENCE FOR EPA AND INCREASED SUCCESS FOR ENVIRONMENTAL GROUPS IN THE 21ST CENTURY.
- ARBITRATION AND RULE PRODUCTION.
- Institutional investors and their role in corporate governance: reflections by a 'recovering' corporate governance lawyer.
- A New Auer: Overview and Analysis of the Supreme Court's Decision in Kisor v. Wilkie.
- A lose-lose situation: analyzing the implications of investigatory pretexting under the rules of professional responsibility.
- One person, one vote? Why citizens' votes carry unequal weight despite Baker and how it matters.
- Thin blue lies: how pretextual stops undermine police legitimacy.(Whren at Twenty: Systemic Racial Bias and the Criminal Justice System)
- Cast back into "tempest-tost" waters: the "uncharted seas" of private medical repatriations.
- Henry T. King, Jr., at case, and on the Nuremberg case.
- Reflections on "Moving Toward Integration" and Modern Exclusionary-Zoning Cases Under the Fair Housing Act.
- Climate change and natural gas dynamic governance.
- TRUE THREATS AND THE NEUROSCIENCE OF FEAR.
- THE STRANGE CAREER OF THE THREE-JUDGE DISTRICT COURT: FEDERALISM AND CIVIL RIGHTS, 1954-1976.
- The regulation of common interest developments as it relates to political expression: the argument for liberty and economic efficiency.
- Graduated consent in contract and tort law: toward a theory of justification.
- Spencer Neth: an appreciation.
- The danger zone: how the dangerousness standard in civil commitment proceedings harms people with serious mental illness.
- Rethinking the state sovereignty interest in personal jurisdiction.
- Relaxing rule 9(b): why False Claims Act relators should be held to a flexible pleading standard.
- Flawed assumptions: a corporate law analysis of free speech and corporate personhood in Citizens United.
- TRIBUTE TO PROFESSOR SIDNEY I. PICKER JR.
- SECTION 2 CHALLENGES TO APPELLATE COURT ELECTIONS: FEDERALISM, LINKAGE, AND JUDICIAL INDEPENDENCE.
- Revisiting racial patents in an era of precision medicine.
- Can preemption protect public participation?
- Tragic parlor pigs and comedic rascally rabbits: why common law nuisance exceptions refute Coase's economic analysis of the law.
- Preventing conflict or descending an iron curtain? Buffer-zone laws and balancing histories of disruption with free speech.
- ETHICAL CHALLENGES IN THE ROLE OF IN-HOUSE COUNSEL.
- Opportunity-cost conflicts in corporate law.
- What Carpenter Tells Us About When a Fourth Amendment Search of Metadata Begins.
- ESSENTIALLY EXPENDABLE: THE FAILURE OF PREEMPTIVE AGENCY SPACE TO PROTECT FARMWORKERS FROM DANGEROUS PESTICIDES.
- The Speedy Trial Clause and Parallel State-Federal Prosecutions.
- The Roberts Court and access to justice.
- Thick marks, thin marks.
- The perils of forgetting fairness.
- IN A LEAGUE OF ITS OWN: SHOULD INTELLECTUAL PROPERTY LAW PROTECT SPORTS MOVES?
- Blunt Forces: A Case Study of Administrative Exhaustion Under the Controlled Substances Act.
- Judicial protection of popular sovereignty: redressing voting technology.
- Misgendering, Academic Freedom, the First Amendment, and Trans Students.
- If We Fail to Solve Global Climate Change, Blame the Nuclear Regulatory Commission.
- SPECIALIZING DISTRICT COURTS FOR PATENT LITIGATION.
- Onslaught: commercial speech and gender inequality.
- Preserving the civil jury right: reconsidering the scope of the Seventh Amendment.
- Ethical limits on civil litigation advocacy: a historical perspective.
- Henry King: Ian Holloway.
- LOSING BARGAIN: WHY WINNER-TAKE-ALL VOTE ASSIGNMENT IS THE ELECTORAL COLLEGE'S LEAST DEFENSIBLE FEATURE.
- THE HOUSE ALWAYS WINS: DOCTRINE AND ANIMUS IN CALIFORNIA'S COVID-19 PRISON LITIGATION.(Hall, In re)(AEDPA and the PLRA After 25 Years)
- LITIGATING EPA RULES: A FIFTY-YEAR RETROSPECTIVE OF ENVIRONMENTAL RULEMAKING IN THE COURTS.
- State regulation and the necessary and proper clause.
- ASSORTED CANARDS OF CONTEMPORARY LEGAL ANALYSIS: REDUX.
- Not of woman born: a scientific fantasy.
- Trademark owner as adverse possessor: productive use and property acquisition.
- Federalism and the rise of renewable energy: preserving state and local voices in the green energy revolution.
- RIGHTING A WRONG: WOODROW WILSON, WARREN G. HARDING, AND THE ESPIONAGE ACT PROSECUTIONS.
- America's Classrooms: Frontlines of the First Amendment.(Introduction)
- Demanding a speedy trial: re-evaluating the assertion factor in the Barker v. Wingo test.
- Why the Supreme Court should stop GVR'ing the solicitor general's rationale-confessions-of-error.
- The President of the Senate, the Original Public Meaning of the Twelfth Amendment, and the Electoral Count Reform Act.
- STEPHEN ELLMANN, AND JUSTICE FOR ALL: ARTHUR CHASKALSON AND THE STRUGGLE FOR EQUALITY IN SOUTH AFRICA.
- THE PSYCHOLOGY OF CENSORSHIP.
- On Being Predictably Unpredictable.
- Marriage of necessity: same-sex marriage and religious liberty protections.
- The Antiregulatory Arsenal, Antidemocratic Can(n)ons, and the Waters Wars.
- The New NEPA?--A Case Study in Congressional Frustration.
- The Challenge of Deterring Bad Police Behavior: Implementing Reforms that Hold Police Accountable.
- Dysfunctional disloyalty standards in employee criticism cases.
- Colorado's rollout of legal marijuana is succeeding: a report on the state's implementation of legalization.
- When quacking like a duck is really a swan song in disguise: how Windsor's state powers analysis sets the stage for the demise of federalism-based marriage discrimination.
- Let George Do It!(tribute to Professor George W. Dent)(Testimonial)
- Fair Housing Past, Present, and Future: Perspectives on Moving Toward Integration.
- Beyond family law.
- Exploring the relationship between regulatory reform in the states and state regulatory output.
- A need to align the modern games with the modern times: the International Olympic Committee's commitment to fairness, equality, and sex discrimination.
- "Maladaptive" federalism: the structural barriers to coordination of state sustainability initiatives.
- The forgotten right of fair use.
- We Need an Intervention: Restoring Integrity to Referendum Zoning in Ohio.
- NO ONE IS AN INAPPROPRIATE PERSON: THE MISTAKEN APPLICATION OF GEBSER'S 'APPROPRIATE PERSON' TEST TO TITLE IX PEER-HARASSMENT CASES.
- Fred Gray and the role of civil rights lawyers.
- Frackonomics: some economics of hydraulic fracturing.
- FRIENDS WITH CO-BENEFITS: DEFENDING THE EPA'S CONSIDERATION OF CO-BENEFITS WHEN PROMULGATING CLEAN AIR ACT REGULATIONS.
- OUTSIDE THE MONASTERY: A HISTORICAL LOOK AT JUDICIAL ETHICS.(Judicial Conduct, Ethics, and Reform)
- The future of class-action waivers in consumer contract arbitration agreements after DIRECTV, Inc. v. Imburgia.
- CURBING REMEDIES FOR OFFICIAL WRONGS: THE NEED FOR BIVENS SUITS IN NATIONAL SECURITY CASES.
- Measuring party polarization in Congress: lessons from congressional participation as amicus curiae.(Introduction through III. some Concluding Observations with Specific Reference to Zivotofsky v. Kerry, p. 933-955)(Symposium: Executive Discretion and the Administrative State)
- MURPHY'S LAW: FOR ATTORNEY'S FEES SHIFTING UNDER THE PLRA, EVERYTHING THAT COULD GO WRONG HAS GONE WRONG.(AEDPA and the PLRA After 25 Years)
- The one person, one vote standard in redistricting: the uses and abuses of population deviations in legislative redistricting.
- Empty creditor syndrome and vivisepulture: preventing credit-default-swap holders from pushing companies into premature graves by refusing to negotiate restructurings.
- Paid tax preparers, used car dealers, refund anticipation loans, and the earned income tax credit: the need to regulate tax return preparers and provide more free alternatives.
- Henry King remembered.
- Trial by traditional probability, relative plausibility, or belief function?
- The status of graduate students and that of medical residents under the National Labor Relations Act as a starting point for crafting a statutory definition of 'employee'.
- Henry King: reflections on a legal giant.
- THE QUIET PART OF THE FOURTEENTH AMENDMENT: WHY GENDER IDENTITY SHOULD BE A PROTECTED CLASS UNDER THE EQUAL PROTECTION CLAUSE.
- Windsor: Lochnerizing on marriage?
- Perceived-as plaintiffs: expanding Title VII coverage to discrimination based on erroneous perception: "as with the joy of beauty, the ugliness of bias can be in the eye of the beholder."
- The senior management mens rea: another stab at a workable integration of organizational culpability into corporate criminal liability.
- Tribute to Professor Lewis Katz.
- From craft brews to craft booze: it's time for home distillation.
- Awakening the slumbering giant: how horizontal drilling technology brought the Endangered Species Act to bear on hydraulic fracturing.
- AVOISION: WHEN GOVERNMENT LAWYERS TURN THE SOVEREIGN AGAINST ITSELF.
- Rehabilitation through empowerment: adopting the consumer-participation model for treatment planning in mental health courts.
- Baker, Bush, and ballot boards: the federalization of election administration.
- Opting out of the grand bargain: a pathway to poverty?
- Government-sponsored religious displays: transparent rationalizations and expedient post-modernism.
- What Happens at the Cocoa Hut Doesn't Stay at the Cocoa Hut: Assessing K-12 Student Speech Rights After Mahanoy Area School District v. B.L.
- NAVIGATING THE ASCERTAINABILITY SPECTRUM: ANALYZING THE POLICY RATIONALES BEHIND THE VARIOUS ASCERTAINABILITY STANDARDS AS APPLIED TO SMALL-VALUE CONSUMER CLASS ACTIONS.
- No longer secret: overcoming the state secrets doctrine to explore meaningful remedies for victims of extraordinary rendition.
- RAPE IN THE CIVIL AND ADMINISTRATIVE CONTEXTS: PROPOSED SOLUTIONS TO PROBLEMS IN TORT CASES BROUGHT BY RAPE SURVIVORS.
- The first decade of the Roberts Court: good for business interests, bad for legal accountability.
- Interrupting the blight cycle: managing the future of properties in tax foreclosure sales through pre- and post-sale initiatives.
- Deconstructing Wyeth v. Levine: the new limits on implied conflict preemption.
- George W. Dent, Jr.
- Tribute to Professor Erik Jensen.(Case Western Reserve University School of Law professor)(includes 4 testimonials)
- TICKET SELLERS' REPUTATION: LOW INVENTORY SPURS AN ERA OF REGULATION.
- WHEN TOBACCO-FREE PRODUCTS ARE TOBACCO PRODUCTS: MAJOR QUESTIONS BEHIND FDA REGULATION OF SYNTHETIC NICOTINE E-CIGARETTES.
- The unlikely meeting between Dzhokhar Tsarnaev and Benjamin Quarles.
- The Erosion of Smith v. Maryland.
- Improving regulatory accountability: lessons from the past and prospects for the future.(Symposium: Executive Discretion and the Administrative State)
- Professor Shanker.
- An idea of authorship: Orson Welles, 'The War of the Worlds' copyright, and why we should recognize idea-contributors as joint authors.
- National Football League Management Council v. National Football League Players Association: Deflategate reviewed.
- The future of idea: monitoring disproportionate representation of minority students in special education and intentional discrimination claims.
- Rethinking the Writing Competition: Developing Diversity Policies on Law Journals After FASORP I and II.
- How can states outside the gulf of Mexico regulate offshore finfish aquaculture?
- What will federal marijuana reform look like?
- THE LAWLESSNESS OF SACKETT V. EPA.
- How the Successes and Failures of the Clean Water Act Fueled the Rise of the Public Trust Doctrine and the Rights of Nature Movement.
- Environmental federalism and state renewable portfolio standards.
- Responsive Democracy and the Administrative State.
- Braking the rules: why state courts should not replicate amendments to the Federal Rules of Civil Procedure.
- NEW KIDFLUENCERS ON THE BLOCK: THE NEED TO UPDATE CALIFORNIA'S COOGAN LAW TO ENSURE ADEQUATE PROTECTION FOR CHILD INFLUENCERS.
- THE NATIONAL ENVIRONMENTAL POLICY ACT AND CLIMATE CHANGE ADAPTATION WITHIN FEDERAL NATURAL RESOURCE MANAGEMENT AGENCIES.
- The Animal Enterprise Terrorism Act: the need for a whistleblower exception.
- A tribute to Henry T. King.
- The unlikely meeting between Dzhokhar Tsarnaev and Benjamin Quarles.
- COPYRIGHT ACT (REVISIONS) WELCOME: THE LAX COPYRIGHT IN LIVE PERFORMANCE'S LAST WRIT.
- Why School Choice Is Necessary for Religious Liberty and Freedom of Belief.
- FAUTE DE MIEUX: RECOGNIZING AND ACCEPTING WHOLE WOMAN'S HEALTH FOR ITS STRENGTHS AND WEAKNESSES.
- The NLRB wields its rulemaking authority: the new face of representation elections.
- Laura Chisolm: the light in the room.(former Case Western Reserve University School of Law professor)
- Wilbur C. Leatherberry: a CWRU lifer.(Case Western Reserve University School of Law professor)
- Auctioning the Upzone.
- Louise McKinney: mentor and friend.(Case Western Reserve University School of Law professor)
- Racial profiling: a persistent civil rights challenge even in the twenty-first century.(Whren at Twenty: Systemic Racial Bias and the Criminal Justice System)
- "Other than honorable" discrimination.
- Laura's contributions.(former Case Western Reserve University School of Law professor Laura Chisolm)
- Problems at the register: retail collection of personal information and the data breach.
- OUTSIDER SPEECH: THE PLRA, AEDPA, AND ADJUDICATIVE EXPRESSION.(Prison Litigation Reform Act, Antiterrorism and Effective Death Penalty Act)(AEDPA and the PLRA After 25 Years)
- TRIBUTE TO JUDITH LIPTON.
- Why Alabama school desegregation succeeded (and failed).
- THE RENEWABLE FRONTIER: IMPROVING OFFSHORE WIND DEVELOPMENT WITHIN THE GREAT LAKES THROUGH STATUTORY INITIATIVES.
- What do we mean by a 'pro-business' court - and should we care?
- Tribute to Henry King.
- MAKING PATENTS: PATENT ADMINISTRATION, 1790-1860.
- Rehabilitating mental disorder evidence after Clark v. Arizona: of burdens, presumptions, and the right to raise reasonable doubt.
- The spirit of Nuremberg and Henry T. King, Jr.
- Trusting Courts with Arbitration Provisions.
- What's in a name: can the partnership anti-abuse rule really stop partnership tax abuse?
- OHIO MEDICAL MARIJUANA PATIENTS AND RISKS BEHIND THE STEERING WHEEL.
- A COMMENT ON DEROLPH'S IMPACTS ON OHIO'S SCHOOL-FINANCING SYSTEM, TWENTY-FIVE YEARS LATER.
- Traumatized Systems Theory: Accountability for Recurrent Systemic Harm.
- Source-of-Income Discrimination and the Fair Housing Act.