Case Western Reserve Law Review
- Still in search of the pro-business court.
- CURBING REMEDIES FOR OFFICIAL WRONGS: THE NEED FOR BIVENS SUITS IN NATIONAL SECURITY CASES.
- Arthur D. Austin.
- THE NATIONAL ENVIRONMENTAL POLICY ACT AND CLIMATE CHANGE ADAPTATION WITHIN FEDERAL NATURAL RESOURCE MANAGEMENT AGENCIES.
- A radically immodest judicial modesty: the end of facial challenges to abortion regulations and the future of the health exception in the Roberts era.
- Awakening the slumbering giant: how horizontal drilling technology brought the Endangered Species Act to bear on hydraulic fracturing.
- Strange bedfellows: the politics of preemption.
- CONCEPTS ALL THE WAY DOWN.
- PRIVATE ORDERING AND CONTRACTING OUT IN TWENTY-FIRST-CENTURY CORPORATE LAW.
- Arbitrary law enforcement is unreasonable: Whren's failure to hold police accountable for traffic enforcement policies.
- Putting the Constitution in its Place: Shlomo Slonim, Forging the American Nation, 1787-1793; James Madison and the Federalist Revolution.
- Why the IRS should want to develop rules regarding charities and politics.
- NO REGULATIONS AND INCONSISTENT STANDARDS: HOW WEBSITE ACCESSIBILITY LAWSUITS UNDER TITLE III UNDULY BURDEN PRIVATE BUSINESSES.
- The fatal flaws of the 'sneak and peek' statute and how to fix it.
- ARBITRATION AND RULE PRODUCTION.
- THE NEW REVOLVING DOOR.
- RIGHTING A WRONG: WOODROW WILSON, WARREN G. HARDING, AND THE ESPIONAGE ACT PROSECUTIONS.
- Demanding a speedy trial: re-evaluating the assertion factor in the Barker v. Wingo test.
- Addressing the hybrid-rights exception: how the colorable-plus approach can revive the free exercise clause.
- Professor Morris Shanker.
- Federalism and the rise of renewable energy: preserving state and local voices in the green energy revolution.
- Does Stare Decisis Preclude Reconsideration of Roe v. Wade? A Critique of Planned Parenthood v. Casey.
- Is there a federal definitions power?
- Auctioning the Upzone.
- Jimmy Carter's and James Miller's revenge: the reasons and the consequences for presidential and congressional power of measures to ban congressional "earmarks".
- Rehabilitating mental disorder evidence after Clark v. Arizona: of burdens, presumptions, and the right to raise reasonable doubt.
- One person, one vote? Why citizens' votes carry unequal weight despite Baker and how it matters.
- CHALLENGING THE CONSTITUTIONALITY OF ANTI-IMMIGRANT STATE LEGISLATION: A TWO-PRONG APPROACH.
- BIOMARKERS AS SUBJECT MATTER: A TAILORED SOLUTION FOR PATENT INELIGIBILITY IN MEDICAL DIAGNOSTICS.
- SACKETT AND THE CONTINUED ATOMIZATION OF THE CLEAN WATER ACT.
- RACE OR CLASS: NEW DIRECTIONS FOR CRITICAL THEORY.
- A tribute to Louise McKinney.
- Let Sleeping Dogs Lie: Defending Severability After Murphy, Collins, and Seila Law.
- PLAIN-BAGEL STREAMLINING? NOTES FROM THE CALIFORNIA HOUSING WARS.
- A positive political economic theory of environmental federalization.
- OUTSIDER SPEECH: THE PLRA, AEDPA, AND ADJUDICATIVE EXPRESSION.
- Introduction: PERMITTING THE FUTURE.(renewable energy projects)
- Illuminating innumeracy.
- The regulation of common interest developments as it relates to political expression: the argument for liberty and economic efficiency.
- THE HIDDEN COST OF CONTRACTING FOR ESG: A NEW PERSPECTIVE ON PRIVATE ORDERING.(environmental, social, and governance)
- Marriage of necessity: same-sex marriage and religious liberty protections.
- DISEMPOWERING THE EPA: HOW STATUTORY INTERPRETATION OF THE CLEAN AIR ACT SERVES THE TRUMP ADMINISTRATION'S DEREGULATORY AGENDA.
- WHAT WE TALK ABOUT WHEN WE TALK ABOUT SHAREHOLDER PRIMACY.
- State responses to the Whren decision.
- The emerging Eighth Amendment consensus against life without parole sentences for nonviolent offenses.
- Beyond family law.
- An idea of authorship: Orson Welles, 'The War of the Worlds' copyright, and why we should recognize idea-contributors as joint authors.
- Recognizing the derivative works right as a moral right: a case comparison and proposal.
- Laura Chisolm: an advocate and ally.
- TRIBUTE TO PROFESSOR JUDITH LIPTON.
- The SEC's whistleblower program and its effect on internal compliance programs.
- Tribute to Professor Leon Gabinet.
- THE ENVIRONMENTAL PROTECTION AGENCY TURNS FIFTY.
- A tribute to professor Arthur Austin.
- The unlikely meeting between Dzhokhar Tsarnaev and Benjamin Quarles.
- How the Successes and Failures of the Clean Water Act Fueled the Rise of the Public Trust Doctrine and the Rights of Nature Movement.
- A tribute to Henry T. King.
- Reassessing jury service citizenship requirements.
- "A sure and expedited resolution of disputes": the Federal Arbitration Act and the one-year requirement for summary confirmation of arbitration awards.
- Tribute to Ruth Bader Ginsburg: The editors of the Case Western Reserve Law Review respectfully dedicate this issue to Justice Ruth Bader Ginsburg.
- From antislavery lawyer to chief justice: the remarkable but forgotten career of Salmon P. Chase.
- THE PLACE OF SCIENTER IN TRADE MARK INFRINGEMENT IN NINETEENTH CENTURY ENGLAND: THE FALL AND RISE OF MILLINGTON V. FOX.
- JUSTICE ON THE MERITS: AN ANALYSIS OF THE HOLOCAUST EXPROPRIATED ART RECOVERY ACT OF 2016.
- PATENTS, PUBLIC FRANCHISES, AND CONSTITUTIONAL PROPERTY INTERESTS.
- The Internet is for discrimination: practical difficulties and theoretical hurdles facing the Fair Housing Act online.
- Why Alabama school desegregation succeeded (and failed).
- Judicial protection of popular sovereignty: redressing voting technology.
- The Roberts Court and economic issues in an era of polarization.
- A lose-lose situation: analyzing the implications of investigatory pretexting under the rules of professional responsibility.
- Deadly speech: encouraging suicide and problematic prosecutions.
- PANDEMIC RULES: COVID-19 AND THE PRISON LITIGATION REFORM ACT'S EXHAUSTION REQUIREMENT.
- The strong medicine of overbreadth as applied to criminal libel.
- National Football League Management Council v. National Football League Players Association: Deflategate reviewed.
- Ending indefinite detention of non-citizens.
- Not of woman born: a scientific fantasy.
- The political duopoly: antitrust applicability to political parties and the Commission on Presidential Debates.
- IT'S ABOUT TIME: THE LONG OVERDUE DEMISE OF STATUTES OF REPOSE IN LATENT TOXIC TORT LITIGATION.
- Not-so-informed consent: using the doctor-patient relationship to promote state-supported outcomes.
- A case for non-enforcement of anti-recording laws against citizen recorders.
- The Constitution: An Introduction.
- The New NEPA?--A Case Study in Congressional Frustration.
- What will federal marijuana reform look like?
- Empty creditor syndrome and vivisepulture: preventing credit-default-swap holders from pushing companies into premature graves by refusing to negotiate restructurings.
- The evolution toward judicial independence in the continuing quest for LGBT equality.
- Reproductive health as a human right.
- RIGHT-SIZING THE SUPREME COURT: A HISTORY OF CONGRESSIONAL CHANGES.
- Hydraulic fracturing and water management in the Great Lakes.
- Exploring the affective constitution.
- Apportionment: shining the light of day on patent damages.
- SPECIAL EDUCATION CAUSE LAWYERS.
- Louise McKinney: advocate, activist, mentor.
- The Pieces of Housing Integration.
- Who's afraid of philanthrocapitalism?
- The Supreme Court's antiretaliation principle.
- Why We Wrote Moving Toward Integration.
- Retaliation and Requesting Religious Accommodation.
- The Supreme Court's treatment of same-sex marriage in United States v. Windsor and Hollingsworth v. Perry: analysis and implications.
- A Brief Comment on the Symposium Articles.
- The growing need for third-party special needs trust reform.
- An overview of patentable subject matter and the effect of Mayo Collaborative Services v. Prometheus Laboratories, Inc.
- Improving regulatory accountability: lessons from the past and prospects for the future.
- The unbearable lightness of consent in contract law.
- What is and what should never be: examining the artificial circuit "split" on citizens recording official police action.
- Territorial Jurisdiction in Ohio Post-Wogenstahl.
- Appellate courts and independent experts.
- SPECIALIZING DISTRICT COURTS FOR PATENT LITIGATION.
- The LegalZoom identity crisis: legal form provider or lawyer in sheep's clothing?
- George W. Dent, Jr.: Engaged Scholar.
- WHO COUNTS?: THE TWELFTH AMENDMENT, THE VICE PRESIDENT, AND THE ELECTORAL COUNT.
- Relaxing rule 9(b): why False Claims Act relators should be held to a flexible pleading standard.
- If We Fail to Solve Global Climate Change, Blame the Nuclear Regulatory Commission.
- The famous marks exception to the territoriality principle in American trademark law.
- Vertical federalism, horizontal federalism, and legal obstacles to state marijuana legalization efforts.
- The states' Multiple Taxation of Personal Income.
- Advocating for asset forfeiture in the post-Madoff era: why the government, not a bankruptcy trustee, should be responsible for recovering and redistributing assets from feeder funds and net winners.
- Through the looking glass and beyond: the future of disparate impact doctrine under Title VIII.
- OLIVER EVANS AND THE FRAMING OF AMERICAN PATENT LAW.
- ENTREPRENEURIAL CHOICE: RESTORING A RELEVANT ANTITRUST POLICY.
- Defamation of religion: rumors of its death are greatly exaggerated.
- EQUITABLE POWER AFTER AEDPA--LESSONS FROM THE PANDEMIC.
- The fatal flaws of the "sneak and peek" statute and how to fix it.
- AS A MATTER OF FACT: COPYRIGHTING FICTITIOUS ENTRIES WITHIN REFERENCE WORKS.
- DOING GOOD OR JUST LOOKING GOOD?: AN ANALYSIS OF DELAWARE'S PUBLIC BENEFIT CORPORATION A DECADE AFTER ITS CREATION.
- 'THE STRINGS IN THE BOOKS AIN'T PULLED AND PERSUADED': HOW THE USE OF IMPROPER STATISTICS AND UNVERIFIED DATA CORRUPTS THE JUDICIAL PROCESS IN SEX OFFENDER CASES.
- The origins of civil rights in America.
- THE MYTH OF WELL-SETTLED RULES IN MERRILL V. YEOMANS.
- Graduated consent in contract and tort law: toward a theory of justification.
- Beyond balls and strikes: towards a problem-solving ethic in foreclosure proceedings.
- Mandatory employment arbitration: keeping it fair, keeping it lawful.
- CLEARING THE JUDICIAL FOG: CODIFYING ABSTENTION.
- Tribute to Professor Bill Leatherberry.
- COMPARING AGENCY COSTS IN CONTRACT PRODUCTION: PRIVATE EQUITY M&A VERSUS CORPORATE AND SOVEREIGN BONDS.
- Teaching as product differentiation: studying under professor Arthur D. Austin.
- Government interference with law school clinics and access to justice: when is there a legal remedy?
- From craft brews to craft booze: it's time for home distillation.
- Nonprofit legislative speech: aligning policy, law, and reality.
- Is Batman a state actor? The Dark Knight's relationship with the Gotham City Police Department and the Fourth Amendment implications.
- PRETEXT: FORMS AND FUNCTIONS IN EMPLOYMENT-DISCRIMINATION, BATSON, AND ADMINISTRATIVE-LAW CLAIMS.
- Tribute to Professor Lewis Katz.
- MURPHY'S LAW: FOR ATTORNEY'S FEES SHIFTING UNDER THE PLRA, EVERYTHING THAT COULD GO WRONG HAS GONE WRONG.
- The one person, one vote standard in redistricting: the uses and abuses of population deviations in legislative redistricting.
- The time has come: a proposed revision to 17 U.S.C. section 203.
- A REFORM TO POLICE DEPARTMENT HIRING: PREVENTING THE TRAGEDY OF POLICE MISCONDUCT.
- Braking the rules: why state courts should not replicate amendments to the Federal Rules of Civil Procedure.
- Assisted reproductive equality: an institutional analysis.
- Marijuana localism.
- Confronting Racist Prosecutorial Rhetoric at Trial.
- STANDING AS A BARRIER FOR CONSTITUTIONAL CHALLENGES TO CIVIL AG-GAG STATUTES.
- TRIBUTE TO PROFESSOR JUDITH LIPTON.
- Discovering discretion: applying Intel to [section] 1782 requests for discovery in arbitration.
- 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 TRADITIONAL BURDENS FOR FINAL INJUNCTIONS IN PATENT CASES C.1789 AND SOME MODERN IMPLICATIONS.
- Die hard (and pass on your digital media): how the pieces have come together to revolutionize copyright law for the digital era.
- PETER GERHART ON GOOD FAITH: FOLLOWING A TRAIL OF BREADCRUMBS.
- Scienter pleading and Rule 10b-5: empirical analysis and behavioral implications.
- Politics of nonenforcement.
- Moving Toward Sustainable Residential Integration with Racial Justice and Social Equity.
- Be reasonable! Limit warrantless smart phone searches to Gant's justification for searches incident to arrest.
- The gifted commitment: gifted education's unrecognized relevance in "thorough and efficient" public schools.
- Comparative tales of origins and access: intellectual property and the rhetoric of social change.
- The judge put me on the list: judicial review and organ allocation decisions.
- ICEBERG AHEAD: WHY COURTS SHOULD PRESUME BIAS IN CASES OF EXTRANEOUS JUROR CONTACTS.
- BUILDING A CULTURE OF ASSESSMENT IN LAW SCHOOLS.
- GERHART AND PRIVATE LAW'S MELODY OF REASONABLENESS.
- Professor Morris Shanker.
- IT ISN'T EASY BEING A BUREAUCRATIC EXPERT: CELEBRATING THE EPA'S INNOVATIONS.
- 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.
- Innocence after death.
- Do Judges Cry? An Essay on Empathy and Fellow-Feeling.
- George W. Dent, Jr.
- NATIONAL SECURITY, NATIONAL ORIGIN, AND THE CONSTITUTION: 75 YEARS AFTER E09066.
- Applying some lessons from the Gulf Oil Spill to hydraulic fracturing.
- FROM HISTORICAL CELL-SITE LOCATION INFORMATION TO IMSI-CATCHERS: WHY TRIGGERFISH DEVICES DO NOT TRIGGER FOURTH AMENDMENT PROTECTION.
- Morris Shanker.
- From Baker v. Carr to Bush v. Gore, and back.
- STOP REPEATING HISTORY: THE STORY OF AN AMICUS BRIEF AND ITS LESSONS FOR ENGAGING IN STRATEGIC ADVOCACY, COALITION BUILDING, AND EDUCATION.
- THE LAWLESSNESS OF SACKETT V. EPA.
- The danger zone: how the dangerousness standard in civil commitment proceedings harms people with serious mental illness.
- Judicial independence in the age of runaway campaign spending: how more vigilant court action and stronger recusal statutes can reclaim the perception of an independent judiciary.
- What Carpenter Tells Us About When a Fourth Amendment Search of Metadata Begins.
- Baker v. Carr, the census, and the political and statistical geography of the United States: the origin and impact of Public Law 94-171.
- Environmental federalism and state renewable portfolio standards.
- The Animal Enterprise Terrorism Act: the need for a whistleblower exception.
- Ethical limits on civil litigation advocacy: a historical perspective.
- Opportunity-cost conflicts in corporate law.
- NEW KIDFLUENCERS ON THE BLOCK: THE NEED TO UPDATE CALIFORNIA'S COOGAN LAW TO ENSURE ADEQUATE PROTECTION FOR CHILD INFLUENCERS.
- An ode in memory of dear Laura.
- IN A LEAGUE OF ITS OWN: SHOULD INTELLECTUAL PROPERTY LAW PROTECT SPORTS MOVES?
- Physician-patient speech: an analysis of the state of patients' First Amendment rights to receive accurate medical advice.
- THE CONFLICT BETWEEN BLACKROCK'S SHAREHOLDER ACTIVISM AND ERISA'S FIDUCIARY DUTIES.
- Tribute to Professor Erik Jensen.
- How the Supreme Court thwarted the purpose of the federal Arbitration Act.
- Thick marks, thin marks.
- The Roberts Court and access to justice.
- The Erosion of Smith v. Maryland.
- The Speedy Trial Clause and Parallel State-Federal Prosecutions.
- Wilbur C. Leatherberry: a CWRU lifer.
- The cross national memorial: at the intersection of speech and religion.
- Racial profiling: a persistent civil rights challenge even in the twenty-first century.