Case Western Reserve Law Review - page 3
- 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.
- ICEBERG AHEAD: WHY COURTS SHOULD PRESUME BIAS IN CASES OF EXTRANEOUS JUROR CONTACTS.
- TESTING RELIGION: ADJUDICATING CLAIMS OF RELIGIOUS PERSECUTION BROUGHT BY IRANIANS IN THE U.S. AND GERMANY.
- THE ORIGINS AND LEGACY OF THE FOURTH AMENDMENT REASONABLENESS-BALANCING MODEL.
- CODIFYING INNOCENCE: A MODEST STEP TOWARD REFORM.(AEDPA and the PLRA After 25 Years)
- #METOO AND THE CONVERGENCE OF CSR AND PROFIT MAXIMIZATION.
- ENCODING MUSIC: PERFORATED PAPER, COPYRIGHT LAW, AND THE LEGIBILITY OF CODE, 1880-1908.
- Evaluating the Use of Mandatory Edge-of-Field Buffers as a Land Use Tool to Combat Harmful Algal Blooms.
- IT ISN'T EASY BEING A BUREAUCRATIC EXPERT: CELEBRATING THE EPA'S INNOVATIONS.
- Windsor: Lochnerizing on marriage?
- Beyond balls and strikes: towards a problem-solving ethic in foreclosure proceedings.
- Digital metal: regulating Bitcoin as a commodity.
- Dean's tribute to Henry King.
- 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.
- THE MYTH OF WELL-SETTLED RULES IN MERRILL V. YEOMANS.
- THE HISTORY OF INTELLECTUAL PROPERTY AS THE HISTORY OF CAPITALISM.
- KEEPING FAITHFUL TO THE FACTS.
- Braking the rules: why state courts should not replicate amendments to the Federal Rules of Civil Procedure.
- Greater-or-nothing constitutional rules.
- Trusting Courts with Arbitration Provisions.
- Bound guidance: FDA rulemaking for off-label pharmaceutical drug marketing.
- WHEN STOP AND FRISK COMES HOME: POLICING PUBLIC AND PATROLLED HOUSING.
- I'm not dead yet: Katz, Jones, and the Fourth Amendment in the 21st century.
- Fundamentally unfair: an empirical analysis of social media arbitration clauses.
- BELT AND SUSPENDERS: TWO KEY CHANGES TO REDUCE MONEY LAUNDERING THROUGH RESIDENTIAL REAL ESTATE.
- What the Constitution means by "duties, imposts, and excises" - and "taxes" direct or otherwise.
- THE SLAPP HAPPY STATE: NOW IS THE TIME FOR OHIO TO PASS ANTI-SLAPP LEGISLATION.(strategic lawsuits against public participation)
- Neighbor-on-neighbor harassment: does the Fair Housing Act make a federal case out of it?
- Personhood amendments after Whole Woman's Health v. Hellerstedt.
- Four questions about fracking.
- The spectrum of competency: determining a standard of competence for pro se representation.
- Laura Brown Chisolm.
- I'm not dead yet: Katz, Jones, and the Fourth Amendment in the 21st century.
- ENDING THE FEDERAL CANNABIS PROHIBITION: LESSONS LEARNED FROM THE HISTORY OF ALCOHOL REGULATIONS, TWENTY-FIRST AMENDMENT, AND DORMANT COMMERCE CLAUSE JURISPRUDENCE.
- TAKEDOWNS AND TERMINATIONS: TWITCH'S TRANSGRESSIONS AND STREAMERS' STRUGGLES.(Varga v. Twitch Interactive, Inc.)
- Government interference with law school clinics and access to justice: when is there a legal remedy?
- Recognizing the shared ownership of subsurface resource pools.
- Factors that Influence Jury Verdicts in Police Use of Force Cases.(Black Transcends Blue)
- Bus ride to justice: a conversation with Fred Gray.(1960s civil rights lawyer)
- George W. Dent, Jr.: Engaged Scholar.
- To Kill a Mockingbird.
- The hidden structure of fact-finding.
- Assisted reproductive equality: an institutional analysis.
- Tribute to Professor Bill Leatherberry.
- May contain unvaccinated children: imposing a duty to warn in the context of nonmedical childhood vaccine exemptions.
- BUILDING A CULTURE OF ASSESSMENT IN LAW SCHOOLS.
- Challenging an execution after prolonged confinement on death row (Lackey revisited).
- Still in search of the pro-business court.
- Population equality and the imposition of risk on partisan gerrymandering.
- The LegalZoom identity crisis: legal form provider or lawyer in sheep's clothing?
- PATENTS, PUBLIC FRANCHISES, AND CONSTITUTIONAL PROPERTY INTERESTS.
- A short treatise on amateurism and antitrust law: why the NCAA's no-pay rules violate section 1 of the Sherman Act.
- VOICES IN EDUCATION LAW ADVOCACY.
- Ending indefinite detention of non-citizens.
- Facilitating incomplete contracts.
- Does Stare Decisis Preclude Reconsideration of Roe v. Wade? A Critique of Planned Parenthood v. Casey.
- THE INTERSECTION BETWEEN ANIMAL-PROTECTION EFFORTS AND THE FREE EXERCISE CLAUSE.
- The Constitution: An Introduction.
- TWO-STEPPING THROUGH ALICE'S WASTELAND OF PATENT-ELIGIBLE SUBJECT MATTER: WHY THE SUPREME COURT SHOULD REPLACE THE MAYO/ALICE TEST.
- Human Rights Justifications for Allowing the U.S. Regulation Moratorium on Commercial Spaceflight to Expire.
- I have federal pleading all figured out.
- Equal protection from execution: expanding Atkins to include mentally impaired offenders.
- Remembering and Appreciating Judge Robert A. Katzmann.
- LEOPARDS ATE MY FACE:1 OBSCENITY LAW AS A CASE STUDY ON THE PROBLEM OF QUEER ASSIMILATIONISM.
- IT'S ABOUT TIME: THE LONG OVERDUE DEMISE OF STATUTES OF REPOSE IN LATENT TOXIC TORT LITIGATION.
- STATE COURTS IN A FEDERAL SYSTEM.
- Not-so-informed consent: using the doctor-patient relationship to promote state-supported outcomes.
- Searching for the sweet spot: an analysis of the American-US Airways merger.
- "A sure and expedited resolution of disputes": the Federal Arbitration Act and the one-year requirement for summary confirmation of arbitration awards.
- A WOMAN'S CHOICE? THE CONSTITUTIONALITY OF DOWN SYNDROME ABORTION BANS AND THE BREAKDOWN OF THE DOCTOR-PATIENT RELATIONSHIP.
- Recognizing the shared ownership of subsurface resource pools.
- Breaking The Boomerang: Judicial Oversight and the Fourth Amendment When the War Comes Home.
- THE PLACE OF SCIENTER IN TRADE MARK INFRINGEMENT IN NINETEENTH CENTURY ENGLAND: THE FALL AND RISE OF MILLINGTON V. FOX.
- Laura Chisolm: colleague, peer, friend.(former Case Western Reserve University School of Law professor)
- Shale gas and clean energy policy.
- WHITEWASHING PRECEDENT: FROM THE CHINESE EXCLUSION CASE TO KOREMATSU TO THE MUSLIM TRAVEL BAN CASES.
- TRIBUTE TO PROFESSOR PAUL GIANNELLI.
- Is there a federal definitions power?
- NO REGULATIONS AND INCONSISTENT STANDARDS: HOW WEBSITE ACCESSIBILITY LAWSUITS UNDER TITLE III UNDULY BURDEN PRIVATE BUSINESSES.
- THE EPA AT FIFTY SYMPOSIUM: KEYNOTE ADDRESS.
- IN MEMORIAM PETER M. GERHART 1945-2021.(professor at Case Western Reserve University School of Law)(includes 10 testimonials)(Ohio)
- Black and Blue: The Intractable Presence of Race in American Policing.(Introduction)
- Rescuing the family from the homophobes and antifeminists: analyzing the recently developed and already eroding "traditional" notions of family and gender.
- OLIVER EVANS AND THE FRAMING OF AMERICAN PATENT LAW.
- Tribute to Bill Leatherberry.
- Baker v. Carr, the census, and the political and statistical geography of the United States: the origin and impact of Public Law 94-171.(Law Review Symposium 2011: Baker v. Carr After 50 Years: Appraising the Reapportionment Revolution)
- The Roberts Court and economic issues in an era of polarization.
- REBALANCING HARLOW: A NEW APPROACH TO QUALIFIED IMMUNITY IN THE FOURTH AMENDMENT.
- Interest Convergence in Immigration Law and Theory.(Black Transcends Blue)
- Safford Unified School District No. 1 v. Redding and the future of school strip searches.
- Faster. Cheaper. Unconstitutional: why the public's subsidy of JobsOhio violates article VIII, sections 4 & 6 of the Ohio Constitution.
- Rushing to Get Rid of Greek Life and Social Clubs: The Impact of Bostock on Single-Sex College Organizations.
- MEDICINE BEHIND BARS: REGULATING AND LITIGATING PRISON HEALTHCARE UNDER STATE LAW FORTY YEARS AFTER ESTELLE V. GAMBLE.
- GERHART AND PRIVATE LAW'S MELODY OF REASONABLENESS.(Tribute to Professor Peter M. Gerhart)
- The states' Multiple Taxation of Personal Income.
- 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.
- Comparative tales of origins and access: intellectual property and the rhetoric of social change.
- PETER GERHART ON GOOD FAITH: FOLLOWING A TRAIL OF BREADCRUMBS.(Tribute to Professor Peter M. Gerhart)
- Through the looking glass and beyond: the future of disparate impact doctrine under Title VIII.
- Professor Morris Shanker.
- The political speech of charities in the face of Citizens United: a defense of prohibition.(Introduction to II. Does Citizens United Condemn the Political Activities Prohibition? C. Sanctions, p. 685-721)
- Politics of nonenforcement.(Symposium: Executive Discretion and the Administrative State)
- DOORBELL MONITORS, PEST ALARMS, NEIGHBORHOOD CHAT GROUPS, AND A SECOND FUNDAMENTAL CONTRADICTION.
- 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.
- A PROFESSIONALLY RESPONSIBLE SUPREME COURT?(Judicial Conduct, Ethics, and Reform)
- Vertical federalism, horizontal federalism, and legal obstacles to state marijuana legalization efforts.
- In honor of Fred Gray: the meaning of Montgomery.
- ESTABLISHMENT CLAUSE MYTHOLOGY.(II. Evaluating the Competing Narratives through Conclusion, with footnotes, p. 638-662))
- The cross national memorial: at the intersection of speech and religion.
- THE CONFLICT BETWEEN BLACKROCK'S SHAREHOLDER ACTIVISM AND ERISA'S FIDUCIARY DUTIES.
- How the Supreme Court thwarted the purpose of the Federal Arbitration Act.
- Whren's flawed assumptions regarding race, history, and unconscious bias.(Whren at Twenty: Systemic Racial Bias and the Criminal Justice System)
- Giving families their best shot: a law-medicine perspective on the right to religious exemptions from mandatory vaccination.
- The Supreme Court as museum curator: securities regulation and the Roberts Court.
- Congress, separation of powers, and standing.
- The political speech of charities in the face of Citizens United: a defense of prohibition.
- The President and the Constitution.(Symposium: Executive Discretion and the Administrative State)
- Why the IRS should want to develop rules regarding charities and politics.
- Overcoming Unreasonably Burdensome Restrictions on the Use of Farmland for Solar Generation.
- A proposal to eliminate a black market for children.
- RESIDENTS WELCOME: MARIJUANA REGULATION AND THE DORMANT COMMERCE CLAUSE.
- No Net Loss? The Past, Present, and Future of Wetlands Mitigation Banking.
- THE EPA AS A CATALYST FOR THE DEVELOPMENT OF GLOBAL ENVIRONMENTAL LAW.
- Defamation of religion: rumors of its death are greatly exaggerated.
- The fatal flaws of the "sneak and peek" statute and how to fix it.
- A higher caliber of regulation: is making smart-gun technology mandatory constitutionally permissible?
- China - HP-SSST and price undercutting.
- AS A MATTER OF FACT: COPYRIGHTING FICTITIOUS ENTRIES WITHIN REFERENCE WORKS.
- The origins of civil rights in America.
- DOING GOOD OR JUST LOOKING GOOD?: AN ANALYSIS OF DELAWARE'S PUBLIC BENEFIT CORPORATION A DECADE AFTER ITS CREATION.
- RE-EXAMINING THE ADMISSIBILITY OF VICTIM IMPACT STATEMENTS IN CAPITAL CASES.
- A radically immodest judicial modesty: the end of facial challenges to abortion regulations and the future of the health exception in the Roberts era.
- A MOST INGENIOUS PARADOX: COMPETITION VS. COORDINATION IN MUTUAL FUND POLICY.
- Imaginary threats to government's expressive interests.
- Viewing the Supreme Court's marriage cases through the lens of political science.
- PARSING PRIVILEGE: DOES THE ATTORNEY-CLIENT PRIVILEGE ATTACH TO AN ANGRY CLIENT'S CRIMINAL THREAT VOICED DURING AN OTHERWISE PRIVILEGED ATTORNEY-CLIENT CONSULTATION?
- Why We Wrote Moving Toward Integration.
- The child exclusion in a global context.
- The Supreme Court's treatment of same-sex marriage in United States v. Windsor and Hollingsworth v. Perry: analysis and implications.
- A CIVIL RIGHTS LIFE: NATHANIEL R. JONES. ANSWERING THE CALL: AN AUTOBIOGRAPHY OF THE MODERN STRUGGLE TO END RACIAL DISCRIMINATION IN AMERICA.
- The growing need for third-party special needs trust reform.
- Controlling underage access to legal cannabis.
- The Emerging First Amendment Right to Mistreat Students.
- THE COST OF CLARITY: CLOSING THE FLOODGATES ON WOTUS AMBIGUITY AND THE BLEAK FUTURE OF WETLANDS PROTECTIONS.(Waters of the United States)
- Empirical doctrine.
- Lawyer independence: from ideal to viable legal standard.
- The evolution toward judicial independence in the continuing quest for LGBT equality.
- Beyond levels of scrutiny: Windsor and "bare desire to harm".
- THE LEARNED INTERMEDIARY DOCTRINE IN THE DIGITAL WORLD: OFF-LABEL MARKETING AND THE REASONABLE INNOVATION RULE.
- Modifying the Religious Land Use and Institutionalized Persons Act to create a constitutional statutory protection for religious landowners.
- Fracking bans, taxation, and environmental policy.
- OUR NEWEST JUSTICE: SOME THOUGHTS ON JUSTICE GORSUCH'S DEBUT OPINIONS.
- The separation of powers and the federal and state executive duty to review the law.
- The curious case of the pompous postmaster: Myers v. United States.(Symposium: Executive Discretion and the Administrative State)
- TRIBUTE TO JUDY LIPTON.
- Empowerment through restraint: reverse preemption or hybrid lawmaking?
- CONCEPTS ALL THE WAY DOWN.(Recognizing Wrongs)
- The fatal flaws of the 'sneak and peek' statute and how to fix it.
- GIVE 'EM THE FACTS: ADVOCATING FOR OHIO TO BECOME A FACT-PLEADING JURISDICTION.
- Confronting Racist Prosecutorial Rhetoric at Trial.
- Putting the Constitution in its Place: Shlomo Slonim, Forging the American Nation, 1787-1793; James Madison and the Federalist Revolution.
- AGENCIES, APPROPRIATIONS, AND ABORTIONS: THE USE OF FEDERAL FUNDS IN THE POST-DOBBS WORLD.
- Tribute to professor Ken Margolis: the editors of the Case Western Reserve Law Review respectfully dedicate this issue to Professor Ken Margolis.
- Graveside birthday parties: the legal consequences of forming families posthumously.
- The market for local public goods.
- Innocence after death.
- Environmental federalism: a survey of the empirical literature.
- THE HECKLER'S VETO TODAY.
- BIOMARKERS AS SUBJECT MATTER: A TAILORED SOLUTION FOR PATENT INELIGIBILITY IN MEDICAL DIAGNOSTICS.
- The political duopoly: antitrust applicability to political parties and the Commission on Presidential Debates.
- How Judges Think.
- A wise man makes his exit.
- Exploring the affective constitution.
- Die hard (and pass on your digital media): how the pieces have come together to revolutionize copyright law for the digital era.
- INDEX FUNDS AND ESG HYPOCRISY.
- Apportionment: shining the light of day on patent damages.
- Recognizing the derivative works right as a moral right: a case comparison and proposal.
- A SLAPP back on track: how Shady Grove prevents the application of anti-SLAPP laws in federal courts.(Strategic lawsuits against public participation)
- State responses to the Whren decision.(Whren at Twenty: Systemic Racial Bias and the Criminal Justice System)
- The Pieces of Housing Integration.
- THE TRADITIONAL BURDENS FOR FINAL INJUNCTIONS IN PATENT CASES C.1789 AND SOME MODERN IMPLICATIONS.
- Who's afraid of philanthrocapitalism?
- TRIBUTE TO PROFESSOR JUDITH LIPTON.
- What the Constitution means by 'duties, imposts, and excises' - and 'taxes' direct or otherwise.
- Cracking Causation: The Need for a Workable Link Between the Anti-Kickback Statute and False Claims Act.