Case Western Reserve Law Review - page 2
- 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.
- There Is More to the Clean Water Act than Waters of the United States: A Holistic Jurisdictional Approach to the Section 402 and Section 404 Permit Programs.
- Standing doctrine, judicial technique, and the gradual shift from rights-based constitutionalism to executive-centered constitutionalism.
- RESISTANCE, RESETTLEMENT, AND REDRESS.(Symposium on the Seventy-Fifth Anniversary Year of Executive Order 9066)
- Deeply and persistently conflicted: credit rating agencies in the current regulatory environment.
- A tribute to professor Arthur Austin.(Case Western Reserve University School of Law)
- Remarks at the memorial program for Professor Henry T. King, Jr.
- Opportunity-cost conflicts in corporate law.
- From antislavery lawyer to chief justice: the remarkable but forgotten career of Salmon P. Chase.
- PLAIN-BAGEL STREAMLINING? NOTES FROM THE CALIFORNIA HOUSING WARS.
- The SEC's whistleblower program and its effect on internal compliance programs.
- A positive political economic theory of environmental federalization.
- Beyond the schoolhouse gates: the unprecedented expansion of school surveillance authority under cyberbullying laws.
- The Clean Water Act at 50: Is the Act Obsolete?
- Measuring party polarization in Congress: lessons from congressional participation as amicus curiae.
- Deadly speech: encouraging suicide and problematic prosecutions.
- The gifted commitment: gifted education's unrecognized relevance in "thorough and efficient" public schools.
- Privacy, sharing, and trust: the Facebook study.
- RACE OR CLASS: NEW DIRECTIONS FOR CRITICAL THEORY.
- Reproductive health as a human right.
- Tribute to Professor Jonathan L. Entin.
- The right to (same-sex) divorce.
- United States v. Fullmer and the Animal Enterprise Terrorism Act: 'true threats' to advocacy.
- The evolution toward judicial independence in the continuing quest for LGBT equality.
- THE DOUBLE LIFE OF LAW SCHOOLS.
- Synthetic Content: Default to Distrust.
- Textualism's Political Morality.
- Louise McKinney: advocate, activist, mentor.(Case Western Reserve University School of Law professor)
- Derivative-consent doctrine and open windows: a new method to consider the Fourth Amendment implications of mass surveillance technology.
- Preventing partisan commitment: applying Brady protection to the civil commitment of sex offenders.
- The unbearable lightness of consent in contract law.
- Shale oil and gas state regulatory issues and trends.
- AEDPA AND THE PLRA AFTER 25 YEARS: INTRODUCTION.
- An idea of authorship: Orson Welles, 'The War of the Worlds' copyright, and why we should recognize idea-contributors as joint authors.
- DOES A BUYER REALLY HAVE THE "LUXURY" OF INVOKING AN MAE CLAUSE? A (HYPOTHETICAL) MAE ANALYSIS OF THE LVMH-TIFFANY MERGER AFTER AKORN.(material adverse effect)
- Scienter pleading and Rule 10b-5: empirical analysis and behavioral implications.
- Laura Chisolm and the Mandel Center for Nonprofit Organizations.
- Tribute to Professor Leon Gabinet.(includes 5 testimonials and bibliography)
- BECAUSE I SAID SO: THE FEDERAL CIRCUIT, THE PTAB, AND THE PROBLEM WITH RULE 36 AFFIRMANCES.
- 'Look then to be well edified, when the fool delivers the madman': insider-trading regulation after Salman v. United States.
- SPECIAL EDUCATION CAUSE LAWYERS.
- The Under-Policing of Crimes Against Black Women.(Black Transcends Blue)
- JUDICIAL ETHICS AND JUDICIAL COMPETENCE.(Judicial Conduct, Ethics, and Reform)
- Hydrofracking: state preemption, local power, and cooperative governance.
- Death by a Thousand Paper Cuts: High-Volume, Low-Value Creators; the Copyright Claims Board; and Lessons Learned from State Small Claims Courts.
- Clio on steroids: historical silence as a presumption of unconstitutionality.
- Judicial Independence at Twilight.
- When Romer met Feeney: why the second sentence of the Ohio Marriage Amendment violates equal protection.
- Judicial abdication and equal access to the civil justice system.
- MARKETING, FEDERALISM, AND THE FIGHT AGAINST TEEN E-CIGARETTE USE: ANALYZING STATE AND LOCAL LEGISLATIVE OPTIONS.
- What is the stray remarks doctrine? An explanation and a defense.
- Are intelligence-community leakers internationally protected whistleblowers or simply "whistling in the dark"? Assessing the protections afforded to intelligence-community whistleblowers under international law.
- STUDENT DISMISSALS FROM PROFESSIONAL PROGRAMS AND THE CONSTITUTION.
- THE EPA AT FIFTY: TIME TO GIVE BOOTLEGGERS THE BOOT!(The EPA at Fifty Symposium)
- Of lions and bears, judges and legislators, and the legacy of Justice Scalia.(Supreme Court Justice Antonin Scalia)
- Greater-or-nothing constitutional rules.
- The beast of burden in immigration bond hearings.
- Reverse Redlining in the Subprime Mortgage Market: Comments on "Moving Toward Integration: The Past and Future of Fair Housing".
- LOSING BARGAIN: WHY WINNER-TAKE-ALL VOTE ASSIGNMENT IS THE ELECTORAL COLLEGE'S LEAST DEFENSIBLE FEATURE.
- EVALUATING REGULATORY PERFORMANCE: LEARNING FROM AND INSTITUTIONALIZING RETROSPECTIVE ANALYSIS OF EPA REGULATIONS.
- Balancing the "zoning budget".
- Capping the bottle on uncertainty: closing the information loophole in the Great Lakes-St. Lawrence River Basin Water Resources Compact.
- Blunt Forces: A Case Study of Administrative Exhaustion Under the Controlled Substances Act.
- The voluntary work program: expanding labor laws to protect detained immigrant workers.
- INNOVATION IN DISCLOSURE-BASED SHAREHOLDER SUITS.
- PASSIONATE ADVOCATE.
- DO STUDENTS LEAVE THEIR CONSTITUTIONAL RIGHTS AT THE (CHARTER) SCHOOLHOUSE GATES?: CHARTER SCHOOLS' COLLISION COURSE WITH A RESTRICTIVE STATE ACTION DOCTRINE.
- "Laboratories of democracy" or "machinery of death"? The story of lethal injection secrecy and a call to the Supreme Court for intervention.
- The business of personal jurisdiction.
- Does the song remain the same? An empirical study of bestselling musical compositions (1913-1932) and their use in cinema (1968-2007).
- Re-punishing the innocent: false confession as an unjust obstacle to compensation for the wrongfully convicted.
- Considering a Juvenile Exception to the Felony Murder Rule.
- Environmental federalism: a survey of the empirical literature.
- Redistricting principles for the twenty-first century.
- Introduction: PERMITTING THE FUTURE.(renewable energy projects)
- THE NEW REVOLVING DOOR.
- Applying some lessons from the Gulf oil spill to hydraulic fracturing.
- Henry King: Erik M. Jensen.
- Arthur D. Austin.
- The emerging Eighth Amendment consensus against life without parole sentences for nonviolent offenses.
- Exploitation in medical research: the enduring legacy of the Tuskegee syphilis study.
- BELIEVING IN UNICORNS: HOW TO VALUE UNICORN COMPANIES AND INTELLECTUAL PROPERTY WHILE ENCOURAGING CONTINUED INNOVATIONS AND PUBLIC DISCLOSURE.
- Modern-day nullification: marijuana and the persistence of federalism in an age of overlapping regulatory jurisdiction.
- An ode in memory of dear Laura.(former Case Western Reserve University School of Law professor)
- FORENSIC SCIENCE: DAUBERT'S FAILURE.
- Algorithmic Lawmaking, Moral Judging, and Free Will.
- EQUITABLE POWER AFTER AEDPA--LESSONS FROM THE PANDEMIC.(Antiterrorism and Effective Death Penalty Act)(AEDPA and the PLRA After 25 Years)
- Untrodden Ground: How Presidents Interpret the Constitution.
- Same-sex marriage, federalism, and judicial supremacy.
- The Third Amendment incorporated: 'soldiers' and domestic law enforcement.
- MAKING EMPLOYEE HEALTH BENEFITS UNDERSTANDABLE: THE SUMMARY-PLAN-DESCRIPTION FAILURE AND HOW TO FIX IT.
- From the bottle to the grave: realizing a human right to breastfeeding through global health policy.
- Standing still in the Roberts Court.
- A redeemable loss: Lyng, lower courts and American Indian free exercise on public lands.
- Beyond the schoolhouse gates: the unprecedented expansion of school surveillance authority under cyberbullying laws.
- THE NEXT STEP IN CIVIL RIGHTS: ABOLISH ABSOLUTE PROSECUTORIAL IMMUNITY SO PROSECUTORS CANNOT USE THEIR POWER TO VIOLATE OTHERS' CONSTITUTIONAL RIGHTS.
- The role of the avoidance canon in the Roberts Court and the implications of its inconsistent application in the court's decisions.
- Let Sleeping Dogs Lie: Defending Severability After Murphy, Collins, and Seila Law.
- POLLUTING THE EPA'S LONG TRADITION OF ECONOMIC ANALYSIS.
- Every day counts: proposals to reform IDEA's due process structure.
- Trademark owner as adverse possessor: productive use and property acquisition.
- The original plain meaning of the right to bear arms.
- The Internet is for discrimination: practical difficulties and theoretical hurdles facing the Fair Housing Act online.
- Tribute to Wilbur C. Leatherberry.
- To defer or not to defer? Deference and its differential impact on First Amendment rights in the Roberts Court.
- A tribute to Louise McKinney.(Case Western Reserve University School of Law professor)
- THE ENVIRONMENTAL PROTECTION AGENCY TURNS FIFTY.
- Nonprofits, politics, and privacy.
- A case for non-enforcement of anti-recording laws against citizen recorders.
- Banks, marijuana, and federalism.
- Protecting medical marijuana users in the workplace.
- Towards a public human tissue trust.
- A CRITICAL ASSESSMENT OF THE EPA'S AIR PROGRAM AT FIFTY AND A SUGGESTION FOR HOW IT MIGHT DO EVEN BETTER.
- Scienter pleading and Rule 10b-5: empirical analysis and behavioral implications.(Introduction through I. A History of the Scienter Requirement, p. 441-477)
- Law as a Religion.
- CLEARING THE JUDICIAL FOG: CODIFYING ABSTENTION.
- NATIONAL SECURITY, NATIONAL ORIGIN, AND THE CONSTITUTION: 75 YEARS AFTER E09066.(a)(Symposium on the Seventy-Fifth Anniversary Year of Executive Order 9066)
- Regulation S-K Item 402(s): regulating compensation incentive-based risk through mandatory disclosure.
- THE OPEN MIC, UNPLUGGED: CHALLENGES TO VIEWPOINT-BASED CONSTRAINTS ON PUBLIC-COMMENT PERIODS.
- Morris Shanker.
- Batten down the Hatch[es]! Restoring the Patent System's Role within the Pharmaceutical Industry.
- Same-sex marriage and the "reconceiving" of children.
- One Person, Multiple Votes: Loopholes in State and Federal Election Statutes Preventing Effective Prosecution of Duplicate Voting.
- Shortened Limitation Periods in Employment Contracts: A "Reasonable" Suggestion.
- 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.(international mobile subscriber identity number)
- PETER GERHART AND CONTEMPORARY PROPERTY THEORY.(Tribute to Professor Peter M. Gerhart)
- Strange bedfellows: the politics of preemption.
- Mandatory employment arbitration: keeping it fair, keeping it lawful.
- ESTABLISHMENT CLAUSE MYTHOLOGY.(Introduction through I. The Competing Establishment Clause Narratives E. The Rise of the Religionist Narratives, p. 574-637))
- COMPARING AGENCY COSTS IN CONTRACT PRODUCTION: PRIVATE EQUITY M&A VERSUS CORPORATE AND SOVEREIGN BONDS.
- STOP REPEATING HISTORY: THE STORY OF AN AMICUS BRIEF AND ITS LESSONS FOR ENGAGING IN STRATEGIC ADVOCACY, COALITION BUILDING, AND EDUCATION.
- The ADA Amendments Act of 2008: the pendulum swings back.
- A Partial Fix of a Broken Guideline: A Proposed Amendment to Section 2G2.2 of the United States Sentencing Guidelines.
- Flawed Framework, Fatal discretion: unraveling Implicit Bias in Capital Punishment Decisions.
- RIGHT-SIZING THE SUPREME COURT: A HISTORY OF CONGRESSIONAL CHANGES.
- OUR TROUBLING FAILURES IN SOLVING CRIMES: RETHINKING LEGAL LIMITS ON CRIME INVESTIGATION.
- Does immunity mean impunity? The legal and political battle of household workers against trafficking and exploitation by their foreign diplomat employers.
- 'Hold' on: the remarkably resilient, constitutionally dubious 48-hour hold.
- Hydraulic fracturing and water management in the Great Lakes.
- Tribute to Professor Calvin William Sharpe.
- TOWARD A ROLE FOR PROTEST IN ENVIRONMENTAL LAW.
- Indian Policing: Agents of Assimilation.(Black Transcends Blue)
- Fundamentally unfair: an empirical analysis of social media arbitration clauses.
- THE HIDDEN COST OF CONTRACTING FOR ESG: A NEW PERSPECTIVE ON PRIVATE ORDERING.(environmental, social, and governance)
- The courts and the administrative state.
- The Kennedy doctrine: moral disagreement and the "bare desire to harm".
- Doubling down on racial discrimination: the racially disparate impacts of crime-based removals.(Whren at Twenty: Systemic Racial Bias and the Criminal Justice System)
- Forum Shopping Within the United States Patent and Trademark Office.
- OMG! Missing the teachable moment and undermining the future of the First Amendment - TISNF! (Oh my God, that is so not fair)
- 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.
- The hidden structure of fact-finding.
- THE TRAGEDY OF THE CREATIVE COMMONS: AN ANALYSIS OF HOW OVERLAPPING INTELLECTUAL PROPERTY RIGHTS UNDERMINE THE USE OF PERMISSIVE LICENSING.(SCP Foundation's creative writing project)
- Eight nails into Katz's coffin.
- Defamatory Political Deepfakes and the First Amendment.
- TRUMPING THE FIRST AMENDMENT: STUDENT-DRIVEN CALLS FOR SPEECH RESTRICTIONS ON PUBLIC COLLEGE CAMPUSES.
- The courage of civil rights lawyers: Fred Gray and his colleagues.
- We know who you are and what you are made of: the illusion of Internet anonymity and its impact on protection from genetic discrimination.
- Down but not out: why Giles leaves forfeiture by wrongdoing still standing.
- What Can Professors Say in Public? Extramural Speech and the First Amendment.
- Professor Morris Shanker.
- In honor of Fred Gray: making civil rights law from Rosa Parks to the twenty-first century.
- Marijuana localism.
- DO PROPERTY OWNERS OWE DUTIES TO OTHERS? IT'S A SIMPLE MATTER OF TORT.(Tribute to Professor Peter M. Gerhart)
- A REFORM TO POLICE DEPARTMENT HIRING: PREVENTING THE TRAGEDY OF POLICE MISCONDUCT.
- The unlikely meeting between Dzhokhar Tsarnaev and Benjamin Quarles.
- Whiteness as Ideology.(Black Transcends Blue)
- Growing Jardines: expanding protections against warrantless dog sniffs to multiunit dwellings.
- The wall that AEDPA built: revisiting the suspension clause challenge to the Antiterrorism and Effective Death Penalty Act.
- RESEQUENCING ARTICLE V CONVENTIONS TO FACILITATE NONPARTISAN STRUCTURAL AMENDMENTS.(US Constitution)
- The time has come: a proposed revision to 17 U.S.C. section 203.
- The famous marks exception to the territoriality principle in American trademark law.
- Banks, marijuana, and federalism.
- From stereotypes to solid ground: reframing the equal protection intermediate scrutiny standard and its application to gender-based college admissions policies.
- Testers standing up for Title III of the ADA.
- From Baker v. Carr to Bush v. Gore, and back.
- Keynote Address: INTIMATE PRIVACY, EXPRESSIVE POWER, AND TRUST: ESSENTIAL INPUTS FOR A HEALTHY DEMOCRACY.(Defending Tomorrow's Democracy: The Future of Elections in the Era of Advanced Technology)
- LEGAL REALISM AND THE CONTROVERSY OVER CAMPUS SPEECH CODES.
- The Social Security Apocalypse: Manipulating Zombie Factors to Deny Mentally Ill Claimants.
- The anti-deference pro-preemption paradox at the U.S. Supreme Court: the business community weighs in.
- TRIBUTE TO PROFESSOR JUDITH LIPTON.
- SANCTIONING NUISANCE: HOW THE MODERN RIGHT TO FARM IMPERMISSIBLY BURDENS NEIGHBORS.
- A Unified Theory of Clean Water Act Jurisdiction.
- The enduring integration school desegregation helped to produce.
- Political constraints on unilateral executive action.(Symposium: Executive Discretion and the Administrative State)
- Marriage of necessity: same-sex marriage and religious liberty protections.
- The judge put me on the list: judicial review and organ allocation decisions.