Past Lectures

Showing Year:  


Date
Title
Webcast
Online CLE
5/18/2016
Show Description
Because carbon taxes can lead to loss of competitiveness, applying tariffs on imports from carbon-friendly countries helps address the cost disadvantage faced by producers in carbon-restricting countries. Such tariffs, known as border carbon adjustments ("BCAs"), can also help reduce possible carbon "leakage," or the growth in foreign emissions due to increased production of carbon-intensive goods in carbon-friendly countries. We demonstrate that BCAs whose levels do not exceed the level of exaction imposed by the domestic carbon tax can be implemented consistently with World Trade Organization ("WTO") anti-discrimination rules. However, such "neutral" BCAs might be inefficiently high from a global welfare perspective. This stems from the misaligned focus of BCAs on imports rather than production—the real cause of emissions. The discrepancy between neutrality and efficiency enables carbon-restricted industries to seek neutral, though inefficiently high BCAs. Recognition of this discrepancy strengthens the case for multilateral alternatives that curb global carbon emissions.

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    20160518
4/15/2016
Show Description
The 2016 Klatsky Lecture will be delivered by Prince Zeid Ra’ad Zeid Al-Hussein, the UN High Commissioner for Human Rights, who will receive the Cox International Law Center Humanitarian Award for Advancing Global Justice.

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  20160415
4/15/2016
Show Description
The Law-Medicine Center at Case Western Reserve University is hosting a day-long conference on legal and policy aspects of corporate wellness programs. The conference will begin with a description of current corporate efforts, a review of data on the effects of these programs on employee health and on costs, and an update on legal developments including the latest actions by the Equal Employment Opportunity Commission. The conference then will address ethical and legal concerns raised by these programs including their potential for discriminating against persons with disabilities, unfairly shifting costs, compromising employee privacy and autonomy, and penalizing individuals for their immutable characteristics.

Papers commissioned by the conference will be published in Health Matrix: Journal of Law-Medicine.

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  20160415
4/8/2016
Show Description
The economic relationship between Canada and the United States has long been a pillar of the countries’ unique relationship. With both nations seeking to grow their competitiveness in an increasingly integrated and global economy, this aspect of the U.S.-Canada relationship again finds itself in the spotlight. As in many areas of the Canada-U.S.relationship, this priority lends itself to close cooperation and collaboration, but also results in conflict and disagreement.

The 2016 Annual Conference of the Canada-U.S. Law Institute will bring together law, policy, business, and government experts from both countries to explore this deep and nuanced bond between the two countries, particularly with respect to recent developments in trade and investment. The emerging mega-regional and other multi-lateral trade agreements present a host of challenges, including intellectual property, agriculture, investor-state dispute resolution, and natural resources, among others.

Founded in 1976, the Canada-U.S. Law Institute, celebrating its 40th anniversary in 2016, serves as a forum where government officials, business and legal professionals, scholars, NGOs, and the media examine and resolve issues confronting the Canada-United States relationship. It is jointly managed by Case Western Reserve School of Law and Western Ontario Faculty of Law.

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  20160408
4/7/2016
Show Description
With the death of Justice Antonin Scalia, the nation lost a lion of the law. The great project of his career was to remind us of the differences between judges and legislators, between those who apply the law as it is — focused on text, structure, and history — and those who make and remake the law as they think it should be. Throughout his career and increasingly following his death, Justice Scalia’s vision of the judicial role has been under attack. But many reasons for carrying on his torch remain: the constitutional design, the preservation of liberty, and a timeless lesson from a Bear. This is but a small tribute to Justice Scalia’s legacy and to his vision of the “good and faithful judge.”

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20160407
4/6/2016
Show Description
Retail medicine encompasses a variety of health delivery models that emphasize convenience and affordability compared with traditional provider models. Examples include walk-in clinics, urgent care centers, freestanding emergency departments, after-hours physician offices, and workplace clinics.

This lecture will enhance the practitioner’s ability to provide legal representation to enterprises operating and financing walk-in clinics, urgent care centers, freestanding emergency departments, after-hours physician offices, and workplace clinics; to health care professionals providing services in these settings; and to patients obtaining care from them.

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20160406
4/5/2016
Show Description
The inclusion of intellectual property in the GATT Uruguay Round of negotiations that led to the creation of the World Trade Organization was a triumph for intellectual property rights holders. They had worked diligently to shift the issue away from the main forum of multilateral intellectual property norm-setting, the less amenable World Intellectual Property Organization, which had become mired in conflicts between developed and developing countries. The TRIPS Agreement should have been a victory for harmonized intellectual property standards across the globe, leading to further ratcheting up of intellectual property standards. However, the conflict between developed and developing countries around access to technology and access to medicines infected further negotiations at the WTO, precipitating a flight into norm-setting in bilateral and regional free trade agreements, as well as bilateral investments agreements. While this further shift in forums may finally have run its course and reached its height in the TransPacific Partnership (TPP) and the Anti-Counterfeiting Trade Agreement (ACTA), the international intellectual property system has been left with multiple layers of norms and multiple layers of dispute settlement institutions and fora creating a real possible of conflicts in laws and conflicts in decisions. What does this mean for how the WTO should relate to norms and decisions coming from bilateral and regional dispute settlements, especially where the decision in the other forum is challenged as improper under WTO law? What does this imply for forum shopping by countries and by firms seeking to have their rights vindicated, especially in light of the possibility of also directly making an investor complaint against a state in bilateral investment treaties? Finally, now that intellectual property standard-setting in bilateral and regional agreements has slowed what new forum for negotiations can be found, or do we face a return to the traditional venues of the WTO and WIPO? This presentation by Mr. Antony Taubman, Director of the WTO Division on Intellectual Property, Competition and Government Procurement, provides a unique, and personal, historical perspective on the relationship between the WTO, WIPO and other bilateral and regional fora, and discusses the prospects for the usefulness and viability of multilateral intellectual property norm-setting.

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  20160405
4/1/2016
Show Description
Case Western Reserve University School of Law and the law firm of Lee and Hayes, PLLC, will bring together blue ribbon industry leaders and academic faculty for a day-long examination of innovative intellectual property and commercialization strategies. This invitation-only event will allow attendees to engage in workshop discussions designed to develop analytical fundamentals in law, management and technology, with a focus on:
  • Developing and assessing intellectual property strategies in the context of new innovation
  • Cultivating perspectives and tools necessary to increase value and transactional success
  • Determining technology validation essentials
The Innovation & Commercialization Strategy Summit will feature two hands-on sessions with our industry faculty. The morning session will examine successful frameworks for growing value through IP portfolio development and analytics, while the afternoon session will explore analytics-driven portfolio monetization strategies.

Chip Lutton, the Former Vice President and General Counsel of Nest Labs, Inc. (now part of Google), will deliver the keynote address during lunch.

Following the end of the Innovation and Commercialization Strategy Summit, there will be a networking reception.

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    20160401
3/31/2016
Show Description

Perhaps the most daunting task of any criminal justice system is how to welcome formerly incarcerated individuals back into our communities. Across the nation, efforts in tackling this challenge are starting to coalesce around the concept of re-entry.  This means at a minimum involving our courts and other public and private institutions in the steps necessary to provide formerly incarcerated individuals with opportunities to make them productive members of our society.  This program allows us to hear from two leading experts in this area who have made important contributions in reforming re-entry, and thus our criminal justice system, across Ohio and beyond.  This program will also provide the attendees with a glimpse into the future, ultimately to leave them with the challenge of how they might contribute to the changes taking place in our criminal justice system to facilitate the return of formerly incarcerated individuals back to our communities.  This program is sponsored by Case Western Reserve University’s School of Law as part of its annual Frank J. Battisti Memorial Lecture.  Judge Battisti, who died unexpectedly in 1994, was appointed by President John F. Kennedy.  At the time, Battisti was the youngest federal judge in the country.  He served as the Chief Judge of the United States District Court of the Northern District of Ohio from 1969 to 1990. 

 



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20160331
3/29/2016
Show Description

The project of the Organization for Economic Co-Operation and Development on "Base Erosion and Profit Shifting" has launched a revolution in the field of international taxation. This lecture begins with the genesis of that project, proceeds to its core themes and recommendations, and identifies its foreseeable impacts. It concludes with an examination of both how the United States is likely to be affected and how, as a (perhaps counter-factually) rational country, it might appropriately respond. This program offers important understanding new processes of international taxation necessary to many corporate tax attorneys, general counsels and state and local governmental leaders and policy makers working with international partners.



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  20160329
3/23/2016
Show Description
Videotaped images of individuals being killed or severely injured during interactions with police currently permeate our national media and discourse. While the images are new, the deaths of Americans – in particular members of marginalized communities – at the hands of police are not new. The shift to militarized policing from community-oriented policing plays a crucial role. Over the course of several decades, attempts have been made to institute police reforms to ensure that police departments do not engage in use of excessive force. When the individuals killed at the hands of law enforcement belong to a minority group due to their race, ethnicity, religion, sexual orientation and/or mental health status calls have been made for bias-free, culturally sensitive policing. This panel will engage civil and criminal defense lawyers, law enforcement officials, government attorneys, and the broader community in a discussion on how diversity plays a role in police reform efforts and provide suggestions for police reform.

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  20160323
3/21/2016
Show Description

Case Western Reserve University School of Law will host a one hour lecture on substance abuse in the legal profession. The discussion will cover causes, prevention, detection, and treatment alternatives for a wide range of substance abuse issues. The lecture can be used toward the “professional conduct” requirement for Ohio Attorneys.



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    20160321
3/16/2016
Show Description
Ohio’s status as a 2016 presidential battleground state will bring another flood of political ads, and another wave of partisan and legal battles over Ohio’s voting rules. Is election fraud a real danger, or just a partisan excuse to rig elections? How easy is it to vote in Ohio, and do recent changes to Ohio’s voting rules really disenfranchise certain voters? If so, is there anything legally wrong with that? Professor David Carney will review the historical and legal landscape of Ohio’s voting rules, covering how those rules have changed, and both the stated and unstated reasons for those changes. Are recent changes intended to rein in voter fraud, or just make it more difficult to vote? Professor Carney will discuss the evidence behind both sides of the partisan debate, and discuss how the Voting Rights Act applies to the battles of Ohio.

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  20160316
3/15/2016
Show Description
Some maintain that the twentieth century saw more death and destruction than all previous centuries combined. Mass genocides, deadly wars, and the creation of biological and nuclear weapons designed to wipe out masses of people instantaneously are but some of the pieces of evidence used to support this claim. Others make a far different argument, saying that we are currently living in the most peaceful time in history, demonstrated by severe declines in bloodshed and the widespread condemnation of such pernicious acts, with terms like “crimes against humanity” gaining ubiquity. According to this latter position we are in the midst of a global movement toward an acceptance, and even embrace, of a universal code of morality, a basic understanding that all people, regardless of social identity, have inherent human rights by virtue of being part of Homo sapiens.

Whether arising out of societal progress or a necessity to combat increases in violence, the last half-century has seen innovations in the field of inter-communal reconciliation; new, powerful reconciliation and forgiveness rituals have emerged. In a globalized world this has the potential to rapidly transform the way people relate to one another, especially in places with a dire need for inter-communal healing. Some countries have begun taking ownership over cruel and oppressive past wrongdoings, not only admitting guilt but also committing themselves to not repeat these transgressions. One country currently engaged in this process is Australia.

On February 13, 2008, as his first official act as Prime Minister, Kevin Rudd formally apologized to the country’s indigenous communities for their prolonged maltreatment. In particular, in “the Apology” Rudd brought attention to Australia’s infamous “Stolen Generations,” countless Aboriginal and Torres Strait Islander (ATSI) children kidnapped from their families by the government and placed with whites in an effort to “modernize” and “civilize” them. But one of the nefarious ways indigenous Australians have been treated since the early days of Australia’s colonization, many consider these government-sanctioned abuses to be not just a major component of Australia’s historical underbelly, but a form of social and cultural genocide. Rudd acknowledged the repeated, heinous actions carried out against indigenous Australians, which were approved and implemented as recently as the 1970s. Representing Australians at-large, he conceded that successive governments inflicted pain, suffering, and degradation upon indigenous Australians, causing incalculable emotional and physical damage.

In asking indigenous Australians to forgive the unforgiveable, to begin healing the unhealable, Rudd also looked ahead, adding “The time has now come for the nation to turn a new page in Australia’s history by mov[ing] forward with confidence to the future.” In this action, the Australian government began an incredibly ambitious process of reconciliation and forgiveness. But was the Apology successful? (What does “success” even mean?) What has it meant to indigenous Australians? To those of non-indigenous descent? If it was successful, can it be reappropriated to other places? To all countries in desperate need of a framework to heal their past? Or just to those in a ‘post-conflict’ phase?

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    20160315
3/11/2016
Show Description

This symposium will be of great value to lawyers because it will provide an in-depth analysis of the current state of both federal and state human trafficking laws. It will educate the audience on the history of human trafficking – how it became a crime under federal and state law – and the evolutions of the laws since 2000. It will also discuss the many gaps or loopholes in the human trafficking laws and the effects of these loopholes in allowing authorities to both effectively prosecute and convict traffickers and johns and protect and service human-trafficking victims. We will also discuss the means by which human traffickers are located and prosecuted under our current laws. We will cover the many legal needs of human-trafficking survivors and the opportunities afforded to them under the most-recent safe harbor laws. We will discuss the difference between adult and minor human-victims, both in terms of the treatment of the victims and the treatment of the johns and traffickers. We will also discuss the legal debate on how to reduce demand for sex trafficking and analyze legal initiatives in different counties, states, and countries. Finally, we will discuss the growing local concerns raised by the upcoming Republican National Convention and address the strategic responses needed to effectively prepare for the rise in human trafficking that is expected at this event.



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  20160311
3/3/2016
Show Description
Indigenous peoples and nations have a wealth of knowledge and resources related to their traditional ways of life. That is found in traditional knowledge, Folklore and in genetic resources which are extremely valuable to the communities and, with the advent of the knowledge economy, increasingly valuable to non-indigenous communities and corporations. However, this increased interest in traditional knowledge, traditional cultural expressions and genetic resources has increased the risk, the perception and the reality of the misappropriation of indigenous knowledge, ranging from biopiracy to cultural misappropriation, to denigration and misuse of indigenous cultural icons and sacred knowledge. In many case, misappropriation is enabled by the mainstream intellectual property system through patenting, or copyright or trademarks. In order to combat this, indigenous peoples and nations have sought to vindicate their rights both at the domestic level and in international bodies such as the World Intellectual Property Organisation. Native American groups have played an important role in these efforts and the lecture will discuss the nature of the domestic and international challenges that Native American tribes face in claiming rights to their intellectual property, including traditional knowledge, cultural expressions and genetic resources.

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  20160303
3/2/2016
Show Description
THIS LECTURE HAS BEEN CANCELLED


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    20160302
2/19/2016
Show Description

Following a networking lunch, a panel of experts will hold a hour and half discussion on choices in international arbitration, with specific topics including choosing between arbitration and litigation, drafting an arbitration clause, characteristics of ICC arbitration, selection of arbitrators, and interim relief and emergency arbitrators.

The conference is co-sponsored by The Frederick K. Cox International Law Center at Case Western Reserve University School of Law, the International Court of Arbitration of the International Chamber of Commerce (ICC), United States Council for International Business (USCIB) and Squire Patton Boggs.  



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  20160219
2/18/2016
Show Description
Why did the United States come to lead the world in cyberspace? Just as nineteenth century American judges altered the common law in order to subsidize industrial development, American judges and legislators altered the law at the turn of the Millennium to promote the development of Internet enterprise. Europe and Asia, by contrast, imposed strict intermediary liability regimes, inflexible intellectual property rules, and severe privacy constraints, impeding local Internet entrepreneurs. Innovations that might be celebrated in the United States could lead to jail in Japan. The American solicitude for Internet innovations was grounded in our commitment to free speech. The lecture will then consider criticism of this new free speech zone. Free speech, this lecture will argue, proves to be an industrial policy for the Information Age.

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20160218
2/17/2016
Show Description
The lecture will address specific legal and human rights issues related to vulnerable populations, including children, women and workers, who are particularly susceptible to the adverse effects of hazardous substances and wastes. The lecture will be beneficial for governmental attorneys, legislators, policy makers, litigators, corporate attorneys, and labor lawyers.

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  20160217
2/11/2016
Show Description
This lecture will guide practicing attorneys as they strive to understand the impact of the Supreme Court’s 5-4 decision in Obergefell for LGBT clients in the United States and abroad. Specifically, this lecture will focus on the impediments to LGBT immigration equality that are addressed by this decision, as well as those obstacles that continue to prevent LGBT citizens and their loved ones from experiencing equal treatment under the law. In addition to providing an opportunity to discuss policy considerations affecting LGBT immigration equality, this event will inform attorneys in the field as they advise clients applying for immigration benefits, including visas, asylum, and legal permanent residency.

This CLE is appropriate for attorneys practicing in immigration and family law, as well as others interested in learning about this developing area of law.

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  20160211
1/29/2016
Show Description
This event will feature an extensive discussion on the current state of genetically modified organism (GMO) labeling laws across the United States by a panel of attorneys who publish, practice, teach and/or research in the area of GMOs. The panel will address the two sides of the debate – supporters of GMO labeling and the rights of the consumer to make informed food choices versus supporters of H.R. 1599, which forbids states from requiring GMO labeling of crops under the First Amendment-rooted prohibition on compelled commercial speech. For attorneys practicing agricultural and food law in the state of Ohio, it will become integral to understand both sides of this debate in order to best advocate for their clients. This panel discussion will serve as an opportunity to explore all sides of the GMO labeling issue with legal experts in the field.

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20160129
1/14/2016
Show Description
Professor Pierre de Vos, University of Cape Town, will hold a one hour lecture on LGBTI rights in South Africa, including same sex marriage. He will provide an overview of the South African Constitutional Court’s conceptualization of the LGBTI community’s “right to be different”, and will reflect on the court’s non-normative conception of equality.

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20160114
12/18/2015
Show Description

This course will satisfy three of the Ohio Supreme Court’s requirements for new attorneys during their first biennial reporting period, with an hour of CLE credit for each section, including Professionalism, Law Office Management and Client Fund Management.

Gratis attendance for 2015 CWRU Law graduates who register by phone at (216) 368-6619.




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    20151218
12/15/2015
Show Description
Everyone ages, and nearly everyone will experience having to support aging relatives. Being prepared is the best way to handle this inevitable life stage. Professor Sharona Hoffman, author of Aging with a Plan: How a Little Thought Today Can Vastly Improve Your Tomorrow, will hold an hour long program discussing some of the most common legal issues related to aging, including advance directives, the elderly and driving, end of life decision-making, and more. Professor Hoffman will also outline the recommendations from her book for building sustainable social, legal, medical, and financial support systems that can promote a good quality of life throughout the aging process.

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  20151215
11/18/2015
Show Description
Contract interpretation is the heart of contract law because the central objective of contract law is to determine the obligations of the contracting parties, which is what interpretation does. Unfortunately, contract interpretation is stuck in an arid debate about the role of text and context, so that courts and commentators spend more time debating the virtues of these two interpretive methodologies than they do thinking about the bargain the parties made. Professor Juliet Kostritsky and I propose a different methodology of interpretation, one that focuses on what obligations a court can infer from the bargaining relationship and the contract terms that are not in dispute. We call this efficient contextualism because it allows courts and contracting parties to determine which contextual details matter and how they matter. This, in turn, allows courts to avoid or streamline trials. My presentation will explain the ideas behind efficient contextualism and how it operates.

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  20151118
11/5/2015
Show Description
THIS LECTURE HAS BEEN CANCELLED


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    20151105
10/29/2015
Show Description
Join the members, friends, and guests of the Canada-United States Law Institute for the 2015 Experts Meeting. On the agenda is the current state and future of North American Integration, with a specific focus on Infrastructure. The discussion will explore the value of bilateral approaches to infrastructure development and integration as a driver of economic and social growth. Contribute to a look back at past initiatives, an examination of lessons learned from contemporary projects, and into the future of joint action.

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    20151029
10/26/2015
Show Description
The U.S. Supreme Court’s decision in King v. Burwell upheld the use of federal subsidies to fund the Affordable Care Act’s insurance marketplaces. Though many believed this decision would end the major challenges to the ACA, a federal court recently allowed suit filed by Congress challenging the cost-sharing reduction payments of the Act to proceed. The cost-sharing reduction challenge argues that the President’s administration is illegally compensating insurance companies in order to reduce the cost-sharing obligations of low-income insureds. Furthermore, the implementation of the ACA will likely encounter additional challenges not yet subjected to judicial interpretation. This panel will convene several legal and policy experts to discuss challenges to the ACA that remain or are likely to arise after the King v. Burwell decision.

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    20151026
10/23/2015
Show Description
In 1996, a unanimous Supreme Court held in Whren v. U.S. that an officer could make a pretextual traffic stop—even based on racial bias—without violating the Fourth Amendment, as long as the officer also had probable cause to believe that individual violated a traffic law. Without protection from the Fourth Amendment, the Court in Whren offered the Equal Protection Clause as the sole remedy for individuals in such situations. Now, twenty years later, as communities locally and across the country struggle with discriminatory police practices, Case Western Reserve Law Review’s annual symposium will discuss Whren’s lasting impact on and relevance to systemic racial biases in law enforcement today. The symposium will consider whether other areas of law have provided the protection the Fourth Amendment cannot, and whether the courts should take on a greater role in addressing symptoms of systemic racial bias in the criminal justice system.

Featuring, amongst an interdisciplinary group of scholars:

Devon W. Carbado, The Honorable Harry Pregerson Professor of Law, University of California, Los Angeles School of Law

David A. Harris, Distinguished Faculty Scholar and Professor of Law, University of Pittsburgh School of Law

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20151023
10/21/2015
Show Description
After a heated battle that played out on Capitol Hill, the US Congress, on June 2, 2015, passed the USA Freedom Act, extending three surveillance provisions of the USA Patriot Act which had expired and amending, arguably the most controversial provision of that statute, section 215, which allowed bulk collection of US phone records by the National Security Agency. According to the new provisions on bulk collection, the NSA will no longer maintain the database of US phone records. Rather the NSA will have to request such records from the phone companies holding the records pursuant to an order from the Foreign Intelligence Surveillance Court. Both the roving wiretap and lone-wolf provisions of the USA Patriot will go back into effect under the USA Freedom Act. The new law also requires the declassification of the Foreign Intelligence Surveillance Court opinions containing significant legal decisions.

While the new law has been described as a win for privacy, the security-versus-privacy debate is far from over. Certainly, the law has been a significant post 9-11 surveillance reform measure but the ultimate ramifications for security and privacy based on what was changed and what was not changed by the law needs further public discussion. The fact that there still remain numerous legal authorities that the federal government can rely on to conduct surveillance both domestically and internationally along with the continued concern voiced by intelligence officials about the threats facing this nation call for a much closer look at the effectiveness of the reform measures with both privacy and security in mind.

This talk will outline the legal changes under the USA Freedom Act and what they mean for intelligence collection. It will also identify additional existing legal authorities for intelligence collection outside the USA Freedom Act, raising questions of whether further reform may be in the future. Lastly, it will identify some of the challenges the new law will pose for those responsible for protecting the nation from threats.

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  20151021
10/21/2015
  20151021
10/16/2015
Show Description
Case Western Reserve University School of Law presents our 4th Annual Women’s Law & Leadership Conference—a daylong symposium for women in the law. The symposium will feature vibrant and dynamic discussions of the unique challenges and successes of women in law and leadership from a number of perspectives. Speakers will include both local and national attorneys from corporate, non-profit, government and law firm backgrounds.

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20151016
10/13/2015
    20151013
10/10/2015
Show Description
The first sale doctrine in copyright law has enabled resale, rental, and lending of books, movies, and other copyrighted material for centuries. But as digital distribution overtakes traditional analog sales of media, what is the future of consumer property interests in the digital content they acquire. This lecture will consider potential judicial, legislative, and market responses to the growing tension between consumer and copyright holder interests.

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  20151010
10/8/2015
Show Description
America is at a crucial moment of both great urgency and unprecedented opportunity to change our nation’s trajectory when it comes to health – and lawyers have a key role to play. The Robert Wood Johnson Foundation—the nation’s largest philanthropy dedicated solely to health—has proposed building a national movement toward better health. Katherine Hatton, a Case Western Reserve Law graduate and the Foundation’s General Counsel and Secretary, will provide an inside look at the varied ways lawyers can contribute. Opportunities go well beyond traditional corporate law firm practice and medical malpractice advocacy. Ms. Hatton will show how lawyers are tackling our nation’s disparate health issues: designing programs, building alliances, advocating change, researching how law can be used to advance public health goals, and representing those who have not had a voice in health policy debates. Combined, these efforts demonstrate the key role of lawyers in building a Culture of Health, enabling all in our diverse society to lead healthier lives, now and for generations to come.

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  20151008
10/1/2015
    20151001
9/30/2015
Show Description
This lecture situates controversies over school prayer in broader currents of American legal and political history. From the mid-twentieth century through today, battles over prayer and other religious observances in public schools generate headlines and bitter divides over the place of God in American society. And while today it tends to be conservative evangelicals and Catholics who argue in favor of religious exercise in the schools, the history is much more complex. A century ago, fore example, Catholics were dedicated opponents of school prayer. The shifting alliances that resulted in Catholic support for prayer in schools were among the many forces that have combined to keep such issues in the public eye, and on the docket of the Supreme Court.

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  20150930
9/24/2015
Show Description
The Eleventh Circuit’s recent opinion in Wollschlaeger v. Governor of Florida, which upheld a state law banning doctors from discussing gun ownership with patients, will be used to frame this panel on doctor-patient speech. Wollschlaeger serves as the Eleventh Circuit’s contribution to an ongoing judicial inquiry: what degree of First Amendment scrutiny should apply when a state restricts a doctor’s speech to a patient? In the abortion context, the panel will address mandatory ultrasound laws and informed consent requirements. Most recently, the 4th Circuit found that North Carolina’s mandatory ultrasound law constitutes ideological compelled speech violative of the First Amendment, although other courts have differed. In some health contexts, courts have rejected a heightened scrutiny analysis altogether; In Pickup v. Brown, the 9th Circuit applied rational basis scrutiny to California’s ban on “gay conversion therapy,” finding that the “therapy” at issue is a professional practice and not constitutionally protected speech. This panel will address the varied nature and role of speech between doctor and patient. Panelists will debate what we are seeing in the jurisprudence in this area, as well as how courts should understand physician speech in the regulatory context.

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  20150924
9/18/2015
Show Description
The ILA's International Law Weekend Midwest, hosted by the Frederick K. Cox International Law Center at Case Western Reserve University School of Law.

Made possible by a generous grant of the Wolf Family Foundation.

When president Obama entered the White House in 2009, many believed he would make a commitment to the rule of law a centerpiece of his foreign policy agenda. As his presidency draws to a close, this conference asks to what extent has the Obama Administration complied with, challenged, or sought to refashion international law? This conference, which serves as the International Law Association's "International Law Weekend/Midwest," will features experts from the government, academy, legal profession and others to investigate areas where the Obama Administration stuck to, or strayed from, the letter of international law, the purposes for these choices, and the results of these trajectories.

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20150918
9/17/2015
Show Description
The talk will cover: limitations on employer access to social media; risks of using Social Media in hiring decisions; National Labor Relations Board decisions defining what constitutes protected “concerted activity” through social media; harassment and bullying through social media; expectation of privacy in employer-owned devices; and, social media policies.

As social media use has soared—including in the workplace—companies and employees are more frequently at odds in proper use and oversight of social media that does not contradict rights laws, regulations, or company policies. Ohio attorneys representing employees, companies, and legislators will find this lecture of value.

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  20150917
9/16/2015
Show Description
Over the past year, the U.S. and UK have undertaken hundreds of air strikes on ISIS targets in Syria without UN Security Council approval. The UK claims to be acting under a right of humanitarian intervention. The U.S. Claims self-defense. In this Case Downtown presentation, Dean Michael Scharf explains how the two countries' military action and legal justifications are having a radical effect on international law. Scharf is host of "Talking Foreign Policy," a radio program that airs on WCPN 90.3 Ideastream, and author of 17 books, including three that have won national book of the year honors.

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  20150916
9/10/2015
Show Description
From its origins in the Cleveland Foundation a century ago, the community foundation has been the greatest innovation of American philanthropy. Now numbering well over 700 community foundations and counting, American community philanthropy has contributed in important ways to strengthening the fabric of American society and American institutions. But today, as community foundations enter a second century, they are faced with major challenges. Continued impressive growth in the U.S. -- particularly for smaller community foundations -- is highly uncertain, and attempts to spark the growth of community foundations abroad have met with significant problems. On the hundredth anniversary of the community foundation movement that had its start in Cleveland, this lecture explores the past and future of this uniquely American institution.

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  20150910
9/2/2015
Show Description
This lecture explores an interesting phenomenon in Africa’s relationship with the International Criminal Court (ICC), which is the apparent discord between the external policy agenda espoused by political leaders, and the seemingly grounded support for the ICC and the international criminal processes by internal legal institutions in most African states. It argues that whereas in their collective African leaders have condemned the ICC and are actively seeking ways of curtailing its authority to deal with powerful political figures across the continent, their desire to disengage completely from the ICC will probably be difficult to attain. The paper suggests that making assumptions about Africa’s relationship with the ICC based solely on the rhetoric of political leaders and the tantrums of the African Union (AU) may be less useful than eliciting insights on how modern domestic legal institutions that have aligned themselves with principles of international criminal justice but function within the constraints of political power may become key to ending impunity in the continent. Based on Kenya’s recent experiences with the ICC, the paper analyses the role and influence of domestic legal structures in this regard. It does so by, evaluating the success or otherwise of the political and legal efforts to disengage from ICC and withdraw from the Rome Statute, highlighting the point of convergence of ideas/roles of domestic legal institutions and the ICC evident in recently enacted laws/treaties as well as jurisprudence, and interrogating the responsibility African states as members of the international community and forecasting some of the possibilities that exist for strengthening their participation in the international system and bolstering the fight against impunity.

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20150902
5/20/2015
Show Description
This lecture will examine recent changes to federal law that affect the way colleges and universities are financed. It will analyze the basis for the recent explosive growth of student lending and will explore the consequences of existing law and proposed legislation relating to repayment programs. The lecture will also examine some recent case studies of colleges and universities that have filed for bankruptcy, and will look at how federal lending policies affect institutions on the edge of insolvency.

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    20150520
4/17/2015
Show Description
This symposium will explore the ways in which courts, commentators, and advocates have framed reproductive rights, rhetorically and doctrinally. Are reproductive rights best conceptualized as an aspect of privacy, liberty, or equality? How has the framing of abortion restrictions as protecting women’s health led to greater success for the anti-abortion movement? Is the Obamacare contraception mandate best understood as a threat to religious freedom, a vindication of women’s equality, or a straightforward health care coverage requirement? How have sex- and race-selective abortion bans worked to affiliate abortion with eugenics and deny the agency of women of color? These and other issues may be considered as panelists will discuss the doctrinal, political, and rhetorical construction of reproductive rights.

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  20150417
4/15/2015
Show Description
The U.S. Supreme Court’s recently heard a new set of arguments regarding the constitutionality of Affordable Care Act in King v. Burwell. The focal point of the case centers on the funding of insurance marketplaces and one particular section of the law that states subsidies should flow to customers “through an Exchange established by the state.” Plaintiffs argued that the plain language of the legislation means that only people in the state-run marketplaces – and not those in federally run marketplaces – can get the subsidies. The government’s defense relied on the contextual reading of the legislation and asked the Court to look at Congress’s legislative intent. This panel discussion will include an explanation of the plaintiffs’ position from one of the architects of the legislation as well as the counter arguments and practical realities of the Supreme Court’s upcoming decision from two other panelists.

This lecture will be of interest to any Ohio attorney who represents corporations and small businesses that provide health insurance for employees or represents employees enrolled in health care plans.

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  20150415
4/9/2015
Show Description
From its origins in the Cleveland Foundation a century ago, the community foundation has been the greatest innovation of American philanthropy. Now numbering well over 700 community foundations and counting, American community philanthropy has contributed in important ways to strengthening the fabric of American society and American institutions. But today, as community foundations enter a second century, they are faced with major challenges. Continued impressive growth in the U.S. -- particularly for smaller community foundations -- is highly uncertain, and attempts to spark the growth of community foundations abroad have met with significant problems. On the hundredth anniversary of the community foundation movement that had its start in Cleveland, this lecture explores the past and future of this uniquely American institution.

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    20150409
4/7/2015
Show Description
One of the greatest challenges faced by governments of post-conflict and small island nations (frequently referred to as Small Island Developing States, or “SIDS”) is attracting capital necessary for increasing job opportunities and prosperity for their citizens. Prompted in part by World Bank studies that claim a correlation between increased Internet penetration and economic growth, many of these countries view developing the information, communications and technology (“ICT”) sector of their economies as a critical component of ensuring domestic stability.

Undertaking ICT initiatives in such environments is not without risk. Governments seeking to attract investors through promises of high returns must also be sensitive to consumer demand for affordable and high quality service. Small market size makes monopolization an ongoing concern, and governments must be vigilant for anti-competitive conduct where competition exists. Perhaps most importantly, Internet-fueled exposure to ideas from developed nations often prompt calls for filtering and censorship antithetical to the investors’ core beliefs and in conflict with their business plans.

The presentation will provide an overview of the issues faced by regulators in Iraq, Afghanistan, and certain Caribbean SIDS as they attempt to balance the concerns of citizens, legislatures, investors, and the media when the complexities of the Information Age come to their countries.

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    20150407
4/1/2015
    20150401
3/31/2015
Show Description
Recent years have seen a proliferation of transitional justice mechanisms--from truth and reconciliation commissions to national prosecutions, ad hoc international tribunals, and now a permanent international criminal court—all aimed at realizing the promise of smooth and lasting transition to peaceful, democratic governance in countries emerging from conflict and gross violations of human rights. But ensuring that transitional justice truly moves societies to a lasting rule of law poses abundant practical, political, legal, and cultural challenges. Drawing on the American Bar Association Rule of Law Initiative’s experience from settings as diverse as the Balkans, the Democratic Republic of Congo, Mali, Burundi, the Philippines, and Cambodia, Andersen will provide a frank assessment of accountability efforts and outline lessons for bridging the gap between transitional justice and sustainable rule of law.

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  20150331
3/26/2015
    20150326
3/20/2015
Show Description
The Canada-U.S. Law Institute brings together academics, government entities, and the business communities to identify and confront issues affecting the relationship between the United States and Canada. The Institute’s 2015 conference, which will take place from March 19-20, 2015, will explore “The Digital Border.” The conference will address international issues surrounding the rise of information technology, including cybersecurity, intellectual property protection, international information sharing, and privacy.

For conference updates, fees, CLE credit and further information please visit http://www.cusli.org

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  20150320
3/18/2015
Show Description
The first sale doctrine in copyright law has enabled resale, rental, and lending of books, movies, and other copyrighted material for centuries. But as digital distribution overtakes traditional analog sales of media, what is the future of consumer property interests in the digital content they acquire. This lecture will consider potential judicial, legislative, and market responses to the growing tension between consumer and copyright holder interests.

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    20150318
3/6/2015
Show Description
Religion is often invoked in many major political and legal issues in America today, including abortion, the death penalty, and same-sex marriage. Many people object that appeals to religion in public debate are unfair because religious reasons are not comprehensible to all citizens, and to impose laws on citizens for reasons they cannot understand is unjust. In this view, people of faith may speak in the public square only if they first expunge religious appeals and present only secular reasons for their positions. Others argue that religious appeals are just as comprehensible as other reasons and that religion is as valid and reasonable a source of norms as are secular doctrines. In this view, excluding religion from public debate treats people of faith as second-class citizens who must either keep silent or translate their speech into a language that is foreign to them.

This program will present speakers on both sides of the issue and give members of the audience opportunities to raise questions.

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  20150306
2/26/2015
Show Description
Danielle Keats Citron builds a compelling picture of a problem that is all too often trivialized by the media, the public, lawmakers, and law enforcement. Cyber harassment and cyber stalking are devastating and endemic. These acts involve threats of violence, privacy invasions, reputation harming lies, calls for strangers to physically harm victims, and technological attacks. As if dealing with a single attacker's hateful comments were not enough, harassing posts that make their way onto social media sites often feed on one another, turning lone instigators into cyber mobs.

Thousands upon thousands of cyber harassment incidents happen annually in the United States and throughout the world, and evidence suggests that they are becoming more prevalent. Persistent online attacks disproportionately target women; an estimated 70 percent of cyber stalking victims are women, with women of color facing more harassment than any other group. Typically, women are targeted by men who attack them using sexually explicit, threatening, and slanderous language, as well as posting sexually explicit photographs. By contrast, men are more often attacked for their ideas and actions, rather than their gender. More often than not, these attacks are written off by observers and authorities as another example of "boys will be boys" or they are viewed as less dangerous because they originate online rather than in person. Citron demonstrates that these explanations are simply not realistic. The internet is a large part of people's lives and careers and should be governed by society's rules.

Citron's lecture will discuss cyberspace as the new frontier of the civil rights movement. Citron, well-known for her articles and essays on privacy and cyber civil rights, shows that advocacy and legal work will again chart the way forward and offers a set of practical recommendations for change that policymakers, educators, lawmakers, and corporate executives can implement, while at the same time remaining respectful of the First Amendment.

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  20150226
2/5/2015
Show Description
Evolving technology has stimulated two divergent trends: We conduct so many of our economic and social interactions behind the pane of a computer screen that our lives feel more anonymous than ever before; yet reliance on technology also means that our daily routines are increasingly monitored, chronicled and analyzed by an endless array of prying eyes, not least of which those of the federal government. In light of technology’s ability to both enhance and undercut anonymity, a key question for policy-makers in the coming decades is just how far our “anonymous sphere” should extend. But there is little consensus as to its contours: We all think anonymity is great for us, but we’re not so sure we trust other people with it. This lecture discusses these paradoxical trends inherent in technological evolution, and assesses how we can sculpt laws and policies that take into account both the good and the bad aspects of anonymity.

Judge Alex Kozinski is a prolific writer on a wide range of issues. His work has appeared in several prominent law journals as well as in the New York Times and Slate. Judge Kozinski's influence as a Circuit Judge has been particularly pronounced in the field of intellectual property law. Some of his more noteworthy opinions include New Kids on the Block v. News America Publishing, which created the doctrine of nominative fair use; White v. Samsung Electronics America, wherein Judge Kozinski, in his dissent from a denial of Samsung's petition to hear en banc, warned of the harms of IP overreaching; and Mattel, Inc. v. MCA Records, Inc., a case that rejected Mattel's trademark claim against the Danish band, Aqua, for its song "Barbie Girl." And most recently, he wrote the majority opinion in Garcia v. Google, rejecting Google's argument that it has a First Amendment right to continue hosting the controversial clip Innocence of Muslims on the basis that it allegedly infringes actress Lee Garcia's copyright.

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    20150205
1/21/2015
Show Description
Professor Kostritsky's paper will address the reasons underlying the choice of law made in a set of approximately 400 merger agreements. Miller and Eisenberg have hypothesized that companies specify New York, rather than Delaware law, because New York contract law is more formalistic. She became interested in exploring whether this shift exists (a separate paper explores whether the data supports finding of a shift) and in this paper she explores why lawyers and clients make a particular choice of law. Rather than relying on a hypothesis that that a preference for formalism underlies a particular choice of law, Professor Kostritsky asked lawyers what matters to them and their clients in making the choice of law decision.

Contrary to her own expectation that the location of the attorney would be the driving force in such decisions, because of concerns with malpractice, lawyers themselves ranked the presence of a branch office in the chosen jurisdiction relatively low on the reasons governing the choice.

To better understand the choice of law issue, Professor Kostritsky designed a survey sent out to 812 lawyers identified from the EDGAR database complied by the SEC as a lawyer who worked on a merger agreement during the period of Jan 1, 2011 to June 30, 2011. The survey responses shed light on several issues including who chooses the law (client or lawyer), what factors (ranked in order of preference) influence the choice of law in New York and in Delaware, how Delaware and New York compare in terms of formalism, the degree of comfort with New York and Delaware contract law, and the influence of the forum on the choice of law.

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    20150121
1/15/2015
Show Description
Michael Brown, Eric Garner, Tamir Rice. The deaths of young black men at the hands of white police officers continue at an alarming and disproportionate rate. The U.S. Justice Department’s civil rights investigation’s conclusion that Cleveland police have engaged in a pattern or practice of unreasonable and unnecessary use of force make plain that there are significant problems with police accountability, training, and trust here in the Cleveland community. In the wake of these tragic deaths and failures to indict police, questions abound over racial bias, use of force, the fairness of grand juries, and how to create productive relationships between minority communities and the police. This panel discussion will analyze the legal, political, and cultural dimensions of police excessive force and race in both our local community and nationwide.

This lecture will be of interest to any Ohio attorney who practices in the areas of civil rights litigation, criminal defense, and/or government prosecutions.

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  20150115
12/19/2014
Show Description
This course will satisfy three of the Ohio Supreme Court’s requirements for new attorneys during their first biennial reporting period: Professionalism, Client Fund Management & Law Office Management.

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  20141219
11/19/2014
Show Description
Professor Bouvier will discuss developing norms concerning urban agriculture in municipal regulations across the country, paying especially close attention to the increasingly permissive approach cities are taking towards micro-livestock, including chickens, goats, and bees. She will also discuss some of the reasons driving the change in local food policy, including food security, community engagement, property values, and health and environmental concerns with the conventional food system. She will then discuss the tensions that exist in changing regulations to allow for small livestock and urban farming because of the lack of agricultural knowledge among city leaders and because of a perceived, but untrue, connection linking agriculture in cities to poverty. A perception still exists equating urban agriculture to subsistence farming—something that only the poor and uneducated would engage in—and a concern that allowing for it will somehow lower property values and diminish the character of the community. She will discuss where these beliefs originated as well as why they are both dated and untrue.

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    20141119
11/14/2014
Show Description
Case Western Reserve Law Review will host its annual symposium. Speakers will address executive power and the legal implications of its past and current use in shaping policy decisions affecting areas such as healthcare, immigration, the environment, and national security, among others. Featuring, amongst an interdisciplinary group of scholars: Peter L. Strauss, Columbia School of Law, Betts Professor of Law; Peter M. Shane, The Ohio State University, Moritz College of Law, Jacob E. Davis and Jacob E. Davis II Chair in Law; and Harold Krent, ITT-Chicago-Kent College of Law, Dean and Professor of Law.

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  20141114
11/13/2014
Show Description
The Americans with Disabilities Act of 1990 (ADA) specifically mentions health services as an area in which discrimination stubbornly persists. From inception to demise, individuals with disabilities continue to pose fundamental questions regarding the value and quality of life, personal autonomy, economic incentives and even the purpose of health care. This lecture will explore how core values of the disability rights movement have influenced medical ethics, decision-making and health care reform.

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  20141113
11/11/2014
Show Description
The Ebola epidemic has captured attention world-wide; questions abound regarding the level of risk in the US, the treatment options, and the ethical and legal issues raised by various public health measures. What are the responsibilities of individuals, medical and public health professionals, government agencies, schools and universities? How should we understand this disease in the context of other public health concerns? What is the scope of public health powers? Please join us for a panel discussion featuring law professors and public health professionals.

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  20141111
11/7/2014
Show Description
The event will focus on the growing body of scholarship examining the on-the-ground practices of creators and innovators. That scholarship challenges intellectual property orthodoxy by suggesting that incentives for creative production often exist in the absence of, or in disregard for, formal legal protections. Instead, many communities rely on evolving social norms and market responses to ensure creative incentives. From tattoo artists to medical researchers, Nigerian filmmakers to roller derby players, these communities demonstrate how creativity can thrive without legal incentives, and perhaps more strikingly, that some creative communities prefer self regulation to law. We will consider both the merits and limitations of this line of research. We expect the conference to offer important practical insights for lawyers who represent clients in creative fields, helping them understand doctrinal limits on IP protection as well as the non legal considerations that shape client motivations, expectations, and business decisions.

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  20141107
11/5/2014
Show Description
We live in a world in which information and ideas flow across international boundaries with ease. Legal jurists and scholars increasingly draw from the experience of international tribunals and foreign legal regimes to inform their interpretations of U.S. law. The U.S. trade laws are both a critical basis for many of our international trade agreements and a creature of the changes in those agreements, brought about through international negotiation. Judge Barnett will explore the relationship between the international trade agreements as interpreted through dispute settlement and the interpretation of domestic trade laws and the extent to which either one does or should inform the other. This important relationship has been shaped, over time, by all three branches of the U.S. Government, and may provide a model for a more detailed relationship between international norms and U.S. law in other practice areas.

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  20141105
10/24/2014
Show Description

Case Western Reserve University School of Law presents our 3rd Annual Women’s Law & Leadership Conference—a daylong symposium for women in the law. The symposium will feature vibrant and dynamic discussions of the unique challenges and successes of women in law and leadership from a number of perspectives. Speakers will include both local and national attorneys from corporate, non-profit, government and law firm backgrounds. Topics of discussion will include:
  • Women as Visionary Leaders
  • Power: Let’s Collaborate to Advance Women in the Profession
  • Take the Risk, Lean-In and Move Up!
  • Millennials and Equality – Agents of Change?



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    20141024
10/22/2014
Show Description
Throughout its 37-year history, the Foreign Corrupt Practices Act (FCPA) has proven one of the most controversial tools in the United States' arsenal against corruption. Opponents believe that the law harms U.S. business interests; American corporations are prohibited from doing things that other countries' corporations can do with impunity. Proponents point out that the U.S. has helped change attitudes towards bribery, pressured other states to strengthen their domestic laws, and drawn the international community's attention to a pernicious and insoluble global problem.

However one views the FCPA, it has certainly generated business for US law firms. This panel, featuring prominent Cleveland lawyers well versed in FCPA enforcement and advising, will provide an account of the current state of the FCPA. The panelists will reflect on their own experiences defending against FCPA investigations, discuss strategies that companies can use to avoid falling afoul of the FCPA, and provide suggestions as to how the law might be improved and clarified. A reception will follow the presentations. CLE credit will also be available.

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  20141022
10/18/2014
Show Description
The first use of DNA in a criminal case occurred during the 1986 investigation of two rape-murders in the United Kingdom. Only two years later, a New York judge called DNA evidence the “single greatest advance in the search for truth ... since the advent of cross-examination.” Less than a decade after being first introduced, a National Academy of Sciences report stated that “DNA analysis is one of the greatest technical achievements for criminal investigation since the discovery of fingerprints.”

DNA profiling is not only used as evidence at trial, it is a powerful investigative tool. DNA databases permit the police to identify criminals in “cold” cases, in which there are no suspects. For example, the national DNA database linked Fletcher Worrell to 25 rapes, which were committed over a span of 30 years in New York, New Jersey, and Maryland (where he was known as the “Silver Springs Rapist”). More recently, DNA helped identify the “Grim Sleeper,” a serial killer who had stalked Los Angeles for nearly 25 years. Law enforcement accomplished this by means of a relatively new procedure, known as familial DNA searching. Last term, the Supreme Court, in Maryland v. King, upheld the constitutionality of placing DNA profiles of arrestees in these databases.

This lecture will be of interest to all Ohio attorneys who are criminal defense attorneys, prosecutors, judges who preside over criminal proceedings, and those attorneys who represent the convicted in death penalty appeals.

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  20141018
10/17/2014
Show Description
When the U.S. government kills people with drones — and it does so on a regular basis — bureaucrats play a key role in those killings. In this talk, Case Law alum (2006), and current Pepperdine Professor Gregory S. McNeal, JD/PhD, will describe the U.S. practice of targeted killings. His talk is based in part on field research, interviews, and previously unexamined government documents. Professor McNeal will begin by broadly describing the legal authorities that the U.S. government believes support the targeted killing program. Professor McNeal will then progressively narrow our focus, from laws, to policies and procedures, ultimately ending with the decision making process that precedes the launching of a strike. After examining this complex mixture of law, policy, and practice, Professor McNeal will then step back to examine the broader issues of accountability associated with the targeted killing program, and will discuss potential reforms.

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    20141017
10/14/2014
Show Description
The Klatsky Lecture in Human Rights was endowed in 2001 by University Trustee, Bruce Klatsky. The 2014 Klatsky Lecture will be presented by Dr. Mark Ellis (JD/PhD), Executive Director of the International Bar Association (IBA), an organization comprised of 205 national bar associations, major international law firms and 50,000 individual members from around the world. Dr. Ellis is the author of the recent book, “Sovereignty and Justice: Creating Domestic War Crimes Courts within the Principle of Complementarity" (Oxford University Pres, 2014). His lecture will focus on the benefits and shortcomings of the growing use of social media for reporting atrocities. He will discuss a potential solution to these challenges through the creation of a method for documenting international crimes that could lead to increased accountability for international crimes, and ultimately, deter future atrocities.

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  20141014
10/7/2014
Show Description
Rear Admiral Janet Donovan will deliver an Arthur W. Fiske distinguished lecture, “Accountability, Justice, and the Legal Response to Military Sexual Assault,” at Case Western Reserve University Law School on October 7, 2014. A 1983 graduate of the law school, Donovan currently serves as the Deputy Judge Advocate General (Reserve Affairs and Operations) and Deputy Commander, Naval Legal Service Command. Over her many years in the U.S. Navy, Donovan served as an Assistant Staff Judge Advocate to Commander, Naval Surface Forces, U.S. Pacific Fleet as well as on active duty with staffs for NATO Supreme Allied Commander Transformation the Department of Justice/Department of the Navy Litigation Team.

Admiral Donovan’s talk on military sexual assault will provide an overview of Article 120, Uniform Code of Military Justice, which governs sexual assault and rape prosecution within the military. The audience will be provided with a basic understanding of the structure, applicability and elements of the statute. Additionally, the Navy's Victims' Legal Counsel Program, which provides military sexual assault survivors with a dedicated attorney to help victims understand the investigation and military justice process, guard their legal rights and interests and obtain additional support in accessing resources that may assist in their recovery, will be discussed. The discussion will revolve around the statutory and case law basis for the new Victim's Legal Counsel Program within the military services.

These issues have relevance beyond the military. The Statute, case law, and experience of the Navy's new Victims' Legal Counsel Program will be of use and interest to Ohio lawyers who encounter sexual assault issues in a variety of contexts.

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    20141007
10/3/2014
Show Description
The core principle of the federal securities law is disclosure so that investors can make informed decisions. However, there has never been a consensus about what information the Securities and Exchange Commission should require to be disclosed. Disagreements now seem more widespread than ever before, including disputes over disclosures relating to corporate political contributions, say-on-pay, “soft information,” conflict minerals, CEO pay ratio, accounting standards, and environmental impacts. Responding to these controversies, the SEC has recently begun a comprehensive review of its disclosure policies. The 2014 Leet Symposium will bring together leading figures from the SEC, proxy advisory firms, legal practice, and academia to discuss both specific disclosure concerns and compliance issues and broader questions of what disclosure policies would best facilitate informed investing in our securities markets.

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    20141003
10/2/2014
Show Description
Do executive branch officials in the federal and state governments have an obligation to defend the law? In 2011 the Justice Department decided that it could no longer defend constitutionality of the federal Defense of Marriage Act (DOMA) in federal court. Since then, several state Attorneys General followed suit, refusing to defend state laws barring the recognition of same-sex marriage. In Ohio, Attorney General Mike DeWine filed a brief opposing the constitutionality of a state campaign law, even as the Attorney General’s office was defending the law in federal court. In this lecture, Judge Pryor will consider the obligation of government officials to defend validly enacted laws in light of established separation of powers principles, drawing on his experience as a state Attorney General, a federal judge, and a law professor.

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  20141002
9/22/2014
  20140922
9/18/2014
Show Description
As the population continues to age rapidly, the social and economic costs of elder care have skyrocketed and governments are struggling to ensure adequate care while at the same time containing the cost of care. Although family members provide the majority of elder care on an informal, unpaid basis, the last decade has seen a dramatic growth in the use of paid home-care services. Home care, when compared with institutional care, offers a more cost-effective response to the growing demand for elder care and it also responds to the desire of most elderly individuals to age in place within their own homes. Despite its growing importance, however, home care remains an economically marginalized job characterized by harsh working conditions including low pay, few benefits, job insecurity, and health and safety hazards. The lecture will consider the legal constraints associated with home care work, and will highlight local, national, and international strategies to address these concerns.

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    20140918
9/17/2014
Show Description
As our nation's philanthropic sector becomes more entrepreneurial, ambitious and influenced by the private sector, longstanding legal standards on what constitutes "charity" struggle to stay relevant. More and more often, organizations that seek classification by the Internal Revenue Service as a Section 501(c)(3) charity (and the substantial public subsidy that this status unlocks) are not the soup kitchens and homeless shelters of yesteryear, but highly sophisticated ventures that accomplish their missions in ways that are less obviously charitable.

In no case is this more true than in the recent widespread emergence of nonprofit organizations whose primary activity is providing direct aid to for-profit businesses. These organizations invest in privately-owned, profit-seeking ventures hoping that some day this aid will help those in need in the form of jobs and a flourishing economy. While influential and, in some cases, transformative to cities and regions in economic distress, this form of charity (which I term “trickle down charity”) turns the traditional charitable services delivery model on its head by advancing private interests first and betting that benefit to a charitable class will follow. My lecture will discuss the analytic challenges that trickle down charity poses to the IRS when it determines whether an organization like this merits 501(c)(3) status and my proposal for how the IRS can enliven its private benefit doctrine to more effectively regulate trickle down charity and help protect the overall integrity of our philanthropic sector.

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    20140917
9/12/2014
Show Description
In 2013 voters in Colorado and Washington legalized the possession of marijuana under state law. Several other states allow the possession and use of marijuana for medicinal purposes, and others appear ready to follow suit. Yet marijuana remains illegal under federal law. The federal governmental has not sought to preempt these decisions, and has outlined a new enforcement policy that largely defers to state law enforcement. Nonetheless, the conflict between federal and state laws creates legal difficulty for business owners, financial institutions, and local law enforcement. Is this dual regime sustainable? Should the federal government defer to state electorates on marijuana policies? Is drug policy best made at the federal or state level? How should principles of federalism inform the federal government’s response to state initiatives on marijuana? Prominent academics will consider these and related questions raised by state-level marijuana policy reforms.

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  20140912
9/10/2014
Show Description
The U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby found that the regulations promulgated by the Department of Health and Human Services requiring employers to provide their female employees with no-cost access to contraception contravene the Religious Freedom Restoration Act in some circumstances. The Court’s decision was largely split along gender lines. It exempts closely held for-profit corporations from the Affordable Care Act’s birth control coverage mandate if facilitating access to contraception would violate their sincerely held religious beliefs. This panel discussion will analyze the Hobby Lobby decision and the questions it has raised regarding the balance between a woman’s reproductive freedom and a corporation’s right to religious freedom.

This lecture will be of interest to any Ohio attorney who represents corporations and small businesses that provide health insurance for employees or represents employees enrolled in health care plans.

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    20140910
9/5/2014
Show Description
The conference is made possible by a generous grant of the Wolf Family Foundation and support from the Inamori International Center for Ethics and Excellence. The program will feature prominent experts in military technology, operations, and ethics, along with experts in international law and arms control, who will discuss appropriate ways to regulate four categories of emerging technology: autonomous robotic weapons, military use of genomic science, cyber-warfare, and non-lethal weaponry. Articles by the speakers will be published in a special double issue of the Case Western Reserve Journal of International Law.

The conference is being organized by the Consortium on Emerging Military Technologies, Military Operations, and National Security (CETMONS), directed by CWRU Law Professor Maxwell Mehlman, and the Frederick K. Cox International Law Center, which is directed by Interim Dean Michael Scharf.

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  20140905
8/24/2014
Show Description
Case Western Reserve University School of Law is pleased to once again co-sponsor this unique three day conference, which features lectures, panels, and “porch discussions” by the international prosecutors of five international criminal tribunals on the shores of Lake Chautauqua. Additional information is available here.

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    20140824
7/16/2014
    20140716
6/2/2014
Show Description
What are European and North American companies looking for in an IP deal? What is the new European patent environment like? What are the tensions between the laws of ethics and science in the IP field? These questions and much more will be explored in the eighth annual Transatlantic Intellectual Property Summer Academy from June 2-6, 2014.

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    20140602
5/21/2014
    20140521
4/14/2014
  20140414
4/8/2014
Show Description
The line between pharmaceutical public relations and medical education are blurring. Many might think that the biggest cost that a pharmaceutical company incurs is from the research and development that is needed to bring a new medication to market. To be sure, these costs are significant, often more than $1 billion dollars. But a recent British Medical Journal (BMJ) study unveiled a far greater cost. That study showed that pharmaceutical companies actually spend 19 times more on marketing and promotion than they do on research and development. Much of this cost is from direct marketing to physicians and physicians-in-training (medical students and residents) through small gifts like lunches, pens, prescription pads, samples, and continuing medical education credits. But while these gifts are seemingly nominal, the effects are not. Moreover, industry sponsored clinical research, comprising roughly 80% of all funded research, is increasingly influential on the way that physicians practice. But those studies are far more likely to have outcomes favoring the industry sponsor than studies with other sponsors. As a result, even “pharma” sponsored lunchtime lectures can greatly impact the prescribing patterns of physicians-in-training.

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  20140408
4/5/2014
Show Description
Most agree, the future of Canada-US relations will be defined by energy. But the exact terms of that definition are hotly debated. At the heart of this debate are a whirlwind of issues concerning the environment, economic opportunity, foreign direct investment, infrastructure,and even the strength of bi-national trade relationship. The 2014 CUSLI Conference will examine how our nations can come together to solve these difficult questions and create a new vision for North American energy.

This Conference will address two parts of the energy-climate change "coin": supply and demand. On the supply side, speakers will address what's needed to develop new energy sources (i.e. natural gas, wind,solar, and hydro) in an economical, yet environmentally responsible, way. To that end, the Conference will also analyze the increasing role that Asian markets (e.g. China, India, and Japan) are playing in North American energy projects, not only as energy buyers but as infrastructure investors. Lastly,the Conference will examine the various attempts to reduce greenhouse gas emissions legislatively, whether through a carbon tax or clean energy standards.

On the demand side, the Conference will focus on two of the largest sources of greenhouse emissions: building construction, regional planning, and transportation. First, speakers will analyze how existing laws hinder our abilities to design new and retrofit existing communities that could dramatically increase our energy efficiency. Panelists will address both building construction standards, and also city community planning including transportation.Finally, speakers will turn to the automotive sector to ask why advances in innovative technology (i.e. electric, natural gas, etc.) have outpaced their adoption.

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  20140405
4/2/2014
Show Description
Don Korb has been involved in the practice of tax law for over 40 years, both as a private practitioner and as a tax administrator. He plans to talk about how the U.S. federal income tax system has changed over his career as well as how the role of tax advisors and practitioners has evolved over that same time period. He will speak from the standpoint of someone who has moved back and forth between the private and public sectors and not only has sat on “both sides of the table” but he has also occupied leadership positions at the IRS (Assistant to the Commissioner of Internal Revenue in the mid-1980’s and Chief Counsel for the IRS from April, 2004 through December, 2008) which allowed him to play a significant role in some of the changes to the tax system and the evolution of the role of tax advisors/practitioners which have occurred since he began practicing law in the early 1970’s.

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  20140402
3/28/2014
Show Description
With the enactment of Title VI of the Civil Rights Act of 1964, federal law mandated that all races had the right to equal enjoyment and access to health care. Fifty years later, access to health care remains separate and unequal because of racial bias. Decades of empirical research studies, including the 2003 groundbreaking Institute of Medicine Study, Unequal Treatment: Confronting Racial and Ethnic Disparities in Healthcare (“IOM study”), suggest that racial bias in health care is one of the root causes of racial disparities in health between African Americans and Caucasians. However, efforts to eradicate racial disparities in health have failed to acknowledge or address racial bias. Over two days, the Law-Medicine Symposium will focus on the continuation of racial bias in health care and the resultant racial disparities in health. The program will feature leading legal, medical, social science, and public health scholars, physicians, policy makers, and community leaders who will present current research on racial bias and health disparities and then break into working groups to develop concrete legal, medical, and policy solutions to put an end to racial bias in health care. By the end of the Symposium, there will be an action plan to put an end to racial bias in health care that causes racial disparities in health care.

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  20140328
3/27/2014
Show Description
Marilyn Shea-Stonum will be retiring as the bankruptcy judge sitting in Akron, Ohio on May 1. During her 19+ years on the bench, approximately 90,000 cases have been filed on Judge Shea-Stonum’s docket, the vast majority of which were filed by individuals residing in Medina, Portage and Summit counties. Judge Shea-Stonum will shed light on sometimes counter-intuitive bankruptcy processes and reflect upon changes in Ohio’s economic landscape, changes in bankruptcy law and administration, implications of recent and pending Supreme Court cases addressing constitutional constraints on the scope of judicial actions of bankruptcy courts, and a variety of trends.

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  20140327
3/19/2014
Show Description
Paul C. Giannelli
Albert J. Weatherhead III and Richard W. Weatherhead Professor, Distinguished University Professor
Case Western Reserve University School of Law

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    20140319
3/18/2014
  20140318
3/5/2014
  20140305
3/3/2014
  20140303
2/28/2014
Show Description
The struggling music industry is still trying to maintain and uphold (though gradually conceding that it cannot) a product-based industry, but is evolving into what it is destined to become and already is: a service-based industry. Now that bandwidth has involved, the film industry faces the same challenges. And, of course, now the newspaper industry faces the same challenges: DIGITIZATION. It is particularly important that we have viable newspapers in this country as they are the foundations of democracy. But how does a newspaper support good reporting in an age where the bulk of revenue has all but eroded, i.e., classified ad revenue? Will Jeff Bezos do for the newspaper industry what Steve Jobs did for the music industry? Will Bezos figure it out? Did Jobs figure it out? What will happen to copyright law as we know it? 17 USC § 106 enumerates the “bundle” of rights in the Copyright Act. As a result, the music industry is divided into many different sectors: the public performance rights sector, the mechanical rights sector, the sound recording sector, the synchronization rights sector, the mash-up sector, and on and on – making it very difficult for anyone to license music. And antitrust law prevents the different sectors from working together. Does the Copyright Act need to be totally revamped? How can we ensure that high quality newspaper reporting and publishing continues in the face of declining revenues? This symposium will examine the digitization of not only the music industry, but film and news and its impact on copyright law.

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  20140228
2/24/2014
Show Description
James G. Carr, a senior federal judge for the Northern District of Ohio, and former Foreign Intelligence Surveillance Court judge from 2002 to 2008, will deliver remarks, titled “An Introduction to the Foreign Intelligence Surveillance Act and Court." Judge Carr will discuss national security surveillance and his proposal to reform the FISA Court by authorizing judges to appoint lawyers to represent the public interest when new legal issues arise in connection with government surveillance applications.

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  20140224
1/15/2014
Show Description
The struggle of shareholders for a greater role in corporate governance has taken many new turns in recent years. The SEC adopted rule 14a-11 to allow some shareholders to place nominations for the board of directors on the corporate proxy statement, but a court invalidated that rule. Proxy advisers (especially ISS) have become more influential; in the opinion of many executives their influence is excessive and detrimental. Coordinated efforts to rescind poison pills and staggered boards have often succeeded. Hedge funds have become more effective at getting issuers to make major changes, another development criticized by many managers, who often claim that activist shareholders seek a short-term boost in share price at the expense of the long-term health of the company. Despite their growing power, many investors feel that shareholder interests are still ignored by too many entrenched managements. Several other countries now give shareholders more power than the United States does. Some academic studies conclude that greater shareholder power is beneficial. This lecture will provide an update on these developments. This lecture will be of interest to Ohio attorneys who serve as CEOs, CFOs, or COOs of corporations, serve on corporate boards, represent corporate boards, or work for or represent national or multi-national corporations.

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    20140115
1/10/2014
Show Description
Our nation’s child welfare system continues to undergo major reform as stakeholders strive to improve outcomes for children and families. The court system is a major component of the child welfare system and serves as one of the primary settings in which parties and stakeholders meet and are held accountable. During the conference, discussion will focus on how improving the quality and availability of parent representation can play a vital role in advancing outcomes for children and families, while at the same time produce savings for child welfare systems. Together we will also explore new data and the strategies for improved parent legal representation, which have proven successful across the country, and discuss barriers to improved legal representation for parents in Cuyahoga County and what can be done to address them. The discussion and approaches discussed at the meeting will help define what actions Cuyahoga County could take to improve outcomes for children and families through quality legal representation for parents.

This conference will be of interest to Ohio attorneys who work within the children’s services or child welfare agencies, who represent non-profit organizations that work directly with children, or who act as advocates for children in Ohio courts.

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    20140110
12/3/2013
    20131203
11/20/2013
Show Description
Is it lawful for the U.S. to use Predator Drones to attack terrorists around the globe? Is it lawful for the U.S. to invade a country without U.N. approval to halt atrocities? CWRU School of Law Associate Dean Michael Scharf addresses these questions in his new book, "Customary International Law in Times of Fundamental Change: Recognizing Grotian Moments" (Cambridge University Press, 2013). He will be discussing and signing copies of his book at the Case Downtown session at the City Club on November 20.

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    20131120
11/18/2013
Show Description
asas

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    20131118
11/8/2013
Show Description
Case Western Reserve University School of Law presents our 2nd Annual Women’s Law & Leadership Conference—a daylong symposium for women in the law. The symposium will feature vibrant and dynamic discussions of the unique challenges and successes of women in law and leadership from a number of perspectives. Speakers will include both local and national attorneys from corporate, non-profit, government and law firm backgrounds.


We are pleased to welcome Deborah Epstein Henry, who will give the keynote address, “Inspiring Women.” Henry is an internationally recognized expert on workplace restructuring, talent management and the retention and promotion of lawyers, with a focus on women. Her book, Law & Reorder, was the No. 1 best-selling American Bar Association Flagship Publishing book for 2011. Henry is the founder of Flex-Time Lawyers LLC, a consulting firm well known for Best Law Firms for Women, a national initiative with Working Mother magazine where they select the 50 best US law firms for women and report on trends in the industry. She is also co-founder and managing director of Bliss Lawyers, a new legal model firm that provides temporary lawyers in “secondments,” where they work at in-house legal departments, yet are employed by Bliss.

Symposium Topics Include:

  • The Leadership/Diversity Pipeline: Designing Sustainable Corporate Programs that Work
  • Early Career: Networking, Building Your Brand, Attracting Sponsors
  • Mid-Career: Embracing Influence and Power
  • At the Table – Driving Change & Delivering Results while Mentoring the Next Generation of Leaders
  • Social Impact: Leading in Non-profit, Government and Judicial Arenas
  • Adversity, Crisis and Change: Opportunities for Empowerment
  • Through the Boardroom Door: The Great Ability of Women Counsel to Serve as Effective Corporate Directors

This event will offer professional development, as well as peer exchange and networking opportunities. In addition, it will provide a chance for junior level attorneys to learn from the experience of senior level women, who could serve as role models in the profession. This symposium, which is CLE eligible, will be open to the legal community and the public and will be webcast.

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    20131108
10/31/2013
Show Description
Who was Detective Marty McFadden and how did his legal tactics on Halloween 1963 forever change the course of law enforcement in the United States? Did you know that the "Terry Stop" came within four bullets of a different name? If a law enforcement officer stops a suspect in January are the legal tactics different from July? Find out the answer to these questions and more as two law enforcement professionals and attorneys with thousands of Terry Stops of experience unveil case law of old and new. This class is most often called "entertaining training" as the instructors will guide the law enforcement professional and attorneys through the evolution of Terry Stops up to and including the newest criminal weapons of the 21st Century.

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    20131031
10/28/2013
  20131028
10/25/2013
Show Description
Case Western Reserve Law Review’s annual symposium will address the variety of legal issues associated with the Supreme Court’s decisions in United States v. Windsor and Hollingsworth v. Perry. These cases address the constitutionality of the Defense of Marriage Act and Proposition 8, California's gay marriage ban. In Windsor, the Court struck down Section 3 of the Defense of Marriage Act as unconstitutional under the Equal Protection Clause. However, it did not reach the merits of Perry due to lack of standing.

Notable scholars in the fields of political science, sociology, religious liberty, tax and constitutional law, will examine the Court’s decisions through the lenses of these disciplines. They will discuss the decisions in these cases, the legal questions which are left unanswered, and their implications on the future of marriage. Panel discussions will focus on judicial independence, the level of scrutiny applied by the Court to these decisions, federalism, and the implication of these rulings on the definition of family in America.

The symposium will help improve the skills of practicing lawyers by discussing potential changes in state law, post-DOMA tax issues for same-sex couples, and the Supreme Court’s decision-making process.

Law Review Advisor:

Jonathan L. Entin, Associate Dean for Academic Affairs; David L. Brennan Professor of
Law and Professor of Political Science, Case Western Reserve University

Law Review Editors:
Katherine Shaw Makielski, Editor in Chief
Yelena Grinberg, Symposium Editor

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  20131025
10/17/2013
Show Description
Prosecutor for the Military Commissions at Guantanamo Bay, Cuba.
Davis resigned as Chief Prosecutor in Guantanamo Bay in October 2007, disputing that evidence obtained through waterboarding should be admitted in the commission. He has opposed force-feeding to halt the Guantanamo detainees’ mass hunger strike, and in May 2013 he publicly led the call for President Obama to close the Guantanamo Bay Detention Center. His online petition to close Guantanamo topped 75,000 signatures in less than twenty four hours, and prompted President Obama’s renewed vow to address the thorny issue.

Davis’s presentation will cover a range of civil rights issues related to U.S. detention of terrorists: Is it legal to detain suspects forever, without charging them or bringing them to trial? Is it legal to force feed detainees through tubes when they are protesting their situation in a mass hunger strike? Is it legal to use evidence obtained by “extraordinary interrogation techniques” in a military commission or U.S. court? His presentation and discussion of these legal issues will be of use and interest to Ohio civil rights lawyers, immigration lawyers, and criminal lawyers.

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  20131017
10/10/2013
Show Description
The Case Western Reserve University School of Law will host David Blumenthal, MD, MPP, President and CEO of the Commonwealth Fund, a national health care philanthropy based in New York City. Dr. Blumenthal will discuss emerging trends in health care spending growth and synthesize an array of recent cost control frameworks. As private managers and public policy-makers look for strategies to contain health care costs, they will face two fundamental options. The first is tantamount over the long run to rationing services: reducing insurance benefits, increasing cost-sharing by users of care, restricting eligibility for programs, and cutting payments to providers. A second strategy takes the very different direction of trying to reengineer health services to make them more efficient.

This presentation and discussion will be of vital interest to any attorney who practices in the field of health care. Dr. Blumenthal will present a thoughtful analysis of recent bipartisan cost control proposals that will provide attorneys with the most up to date information available as well as expert analysis on what lies ahead for our nation’s health care system.

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  20131010
10/3/2013
Show Description
Physicians increasingly are moving away from solo or small group practices and joining large organizations, a trend now accelerating with the implementation of health care reform. Because physicians control as much as 90 percent of all health care spending, understanding how health care organizations influence physicians' treatment decisions is of fundamental importance, particularly for scholars and policymakers concerned with the quality, cost, and rationing of health care. Drawing from the fields of psychology, sociology, behavioral economics, and medicine, Professor Mantel will present a theory for how a health care organization's culture can influence physicians' clinical decisions. She will then discuss the implications of her theory for health law, policy and ethics. Specifically, she will argue that too often, health law, policy and ethics narrowly focus on the individual physician, failing to appreciate the powerful link between an organization's culture and physicians' clinical decisions. Of particular concern are health organizations with cultures that bias physicians' clinical decision-making in ways that lead to the provision of poor quality or inefficient care. Professor Mantel concludes with a discussion of possible ways to promote more virtuous organizational cultures that minimize these risks while respecting community standards of compassion and fairness.

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  20131003
10/1/2013
Show Description
The Case Western University School of Law will host The Honorable Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit who will discuss the federal administrative agencies within the Executive Branch and how they interact with the federal courts in the administration of law. As an appeals court judge in Washington, D.C. Judge Kavanaugh entertains arguments on some of the most pressing and controversial issues of constitutional and administrative law. He has tackled tough issues such as the legality of The Patient Protection and Affordable Care Act, the Clean Air Act, and the Voting Rights Act. Judge Kavanaugh will provide an update on recent developments in the administrative process as well as providing insight and analysis of recent major court rulings affecting individual agencies.

Judge Kavanaugh's discussion will be of interest to all practicing attorneys in the region, given his stature and the important cases that pass through his court. It will be of particular interest to attorneys who work for large businesses, corporations, and other entities that are regulated by executive agencies or affected by agency regulations.

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  20131001
9/30/2013
Show Description
In the world of complex corporate transactions, taxpayers both abuse and are abused. Yukos, once the largest oil producer in Russia, engaged in aggressive tax planning to avoid income taxation. Its techniques closely matched those of its Russian competitors, and in general terms resembled the moves used by companies such as Starbucks and Microsoft to minimize their global tax burden. The Russian government responded ferociously, using tax claims to throw Yukos into bankruptcy and to seize most of its assets. Yukos in turn responded with an array of international law claims and domestic lawsuits in various arbitral tribunals, international courts, and domestic courts of the United States, the United Kingdom, and the Netherlands. Paul Stephan will use the case of one Russian company to illustrate how some foreign governments are abusing the system of international taxation to the detriment of businesses.

This forum will be of interest to Ohio attorneys who practice in the field of corporate tax law, work in tax or finance for multi-national corporations, and those that practice in in foreign and international courts.

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  20130930
9/27/2013
Show Description
This lecture will briefly review the US/China bilateral relationship and consider some of the challenges ahead for investors and those who advise them. China is migrating from an export-led growth model that has been reliant on record FDI to one that favors domestic-led growth, strengthened local capital markets, and a preference for indigenous innovation. The discussion will address this policy debate over the role of foreign investment, reform of the state sector, potentially sweeping tax law changes and what they may mean for American companies doing business there. Additionally, there will be a brief consideration of China’s role as a capital exporter and its implications for US law and policy.

Ohio attorneys will learn about the changing investment environment for US companies looking to do business in China, specific sectors where the Chinese government is seeking additional foreign investment and knowhow, and the tax law implications of these shifts. They will also learn about how to advise US companies looking to attract Chinese investment, and how to mitigate the US government's concerns about Chinese investment in the US. Armed with this knowledge, Ohio attorneys can help ensure that Chinese investment into Ohio industries flows smoothly and legally, and with minimal resistance from the US government, which has stopped several Chinese companies from investing in the US in the past couple of years.

Register for this event

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    20130927
9/26/2013
Show Description
Healthcare Marketplaces are going live on October 1st and enrollment in the Affordable Care Act begins for millions of Americans. Where do things currently stand in Ohio? What will this mean for individuals, employers, hospitals and health care attorneys? Join us for a panel discussion providing insight and information on one of the most sweeping sets of changes in health care policy since the implementation of Medicare.

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  20130926
9/24/2013
Show Description
The Case Western Reserve University School of Law hosts Brigadier General Mark Martins, Chief Prosecutor for the United States in cases alleging violations of the law of war and lead trial counsel in the prosecution of Khalid Sheikh Mohammad and four other accused perpetrators of the attacks of September 11, 2001. Martins will outline major provisions of the Military Commissions Act of 2009 — which reformed a system much criticized when established in 2001 by presidential order — and will address the due process protections, constitutional authority, established sources of law, narrowness of jurisdiction, oversight by United States federal civilian courts, compliance with international legal obligations, public trial requirements, and transparency measures that characterize the reformed military commissions. Martins will also address continuing challenges to the reformed system's legitimacy, suggest what will be necessary to surmount perceptions of "victor's justice," and offer thoughts on the future of efforts to hold al Qaeda and associated forces accountable under law. Much of the time will be reserved for questions; while trial counsel are precluded from discussing specifics of ongoing prosecutions, queries of the speaker on broader questions are encouraged.

This presentation and discussion will be of great interest to Ohio attorneys, especially prosecutors and defense counsel. The issues before the Military Commissions are relevant to their practice, especially in cases involving terrorism and organized crime.

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  20130924
9/18/2013
Show Description
Judge Kimberly Prost, United Nations Security Council Ombudsperson for the Al Qaida Sanctions Committee will present a lecture, titled “A Reflection on Innovations in the Security Council: The International Tribunals, Counter Terrorism and the Office of the Ombudsperson.” The lecture should be of great value to lawyers interested in the mechanisms and legal authorities employed by the Security Council in interdicting and punishing international crimes and terrorism. In particular Judge Prost will draw from her own experiences as an ad litem judge of the International Criminal Tribunal for the former Yugoslavia in describing the importance of courts in meting out justice for international criminal acts. She will also describe the unique role played by her office in addressing requests to be removed from the United Nations Security Council’s Al-Qaida Sanctions List. Practicing attorneys will gain insights in the role of international law in prosecuting crimes and terrorism as well as the procedural protections afforded defendants and suspects.

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  20130918
9/18/2013
Show Description
Data on historical and current corporate finance trends drawn from a variety of sources present a paradox. External equity has never played a significant role in financing industrial enterprises in the United States. The only American industry that has relied heavily upon external financing is the finance industry itself. Yet it is commonly accepted among legal scholars and economists that the stock market plays a valuable role in American economic life, and a recent, large body of macroeconomic work on economic development links the growth of financial institutions (including, in the U.S, the stock market) to growth in real economic output. How can this be the case if external equity as represented by the stock market plays an insignificant role in financing productivity? This paradox has been largely ignored in the legal and economic literature.

This paper surveys the history of American corporate finance, presents original and secondary data demonstrating the paradox, and raises questions regarding the structure of American capital markets, the appropriate rights of stockholders, the desirable regulatory structure (whether the stock market should be regulated by the Securities and Exchange Commission or the Commodities Futures Trading Commission, for example), and the overall relationship between finance and growth.

The answers to these questions are particularly pressing in light of a dramatic increase in stock market volatility since the turn of the century creating distorted incentives for long-term corporate management, especially trenchant in light of the recent global financial collapse.

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    20130918
9/6/2013
Show Description
For the moment pirate attacks are down, but piracy continues to present a major threat to world shipping. Even with greatly expanded patrolling by international navies and increased use of private security forces, there have been 48 pirate attacks, 448 seamen were held hostage by pirates, and global economic losses due to piracy topped 5 billion dollars in the last twelve months. Meanwhile, renewed political turmoil in Somalia and Yemen is sowing the seeds for a fresh generation of pirates with increasingly deadly tactics. This conference brings together two-dozen of the world’s foremost counter-piracy experts to analyze the novel legal challenges and options related to this new phase in the fight against piracy.

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  20130906
6/12/2013
Show Description
This presentation will focus on the changes in Ohio law governing the relationship between teachers and public school districts. Specifically the presentation will look at the changes in statutory law related to teacher evaluation, teacher salary schedules, teacher layoff and teacher tenure over the last several years. Finally, the presentation will speculate on the effects of these changes on how teachers relate to their jobs with Ohio school districts. The lecture will be useful for practicing attorneys to understand the evolving legal relationship between teachers and their employing school districts.

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    20130612
4/11/2013
Show Description
The Canada-U.S. Law Institute’s 37th annual conference will examine emerging dynamics that will forever change how the two countries interact in areas such as cross-border investment; trade in goods and services; manufacturing and infrastructure; energy development; and environmental protection. As a highlight to the event, the Canada-U.S. Law Institute and the Mowat Centre for Policy Innovation will jointly unveil their groundbreaking effort to lead the creation of a Great Lakes consortium which will serve as a forum for collaborative bi-national planning and cooperation on issues related to the Great Lakes region.

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    20130411
4/10/2013
Show Description
Lawyers are trained to understand a menu of legal subject areas—contracts, property, securities, criminal law, constitutional law, civil procedure, business transactions, torts and a vast array of other specific legal areas. Legal training orients lawyers toward zealous representation of clients and toward a the litigation process, which may ultimately include a trial and appeals, where disputes are finally resolved.

However, lawyers sometimes forget that the words in statutes that they argue so much about can be changed. New statutes can be created. Legal positions and liability can change when statutes are amended. Thus, zealous representation of clients should consider legislative solutions achieved through the political process carried out by elected members of Congress and state legislatures. There is understandably a dearth of knowledge about integrating a political and legislative strategy into a legal strategy for clients, but so doing can often mean fulfilling the obligation to represent the best interest of a client in the most zealous manner—and achieving an outcome that a client seeks.

This discussion by three Case Western Reserve School of Law classmates will examine the integration of legal, legislative and political strategies that led enactment of a major piece of federal legislation that dealt with the implications of the 9/11 terrorist attack on the World Trade Center in New York City. The discussion will start with how a chance meeting at a school playground by two Case Law classmates led to the formulation of a litigation-legislation-political solution embodied in the James Zadroga 9/11 Health and Compensation Act of 2010, signed into law by President Obama on January 11, 2011, the last day of the 111th Congress.

This significant legislative achievement enabled resolution of more than 10,000 lawsuits with perhaps billions of dollars in potential liability against five Good Samaritan prime construction contractors that engaged to rescue people and recover the World Trade Center site in the minutes and months following terrorist attack. Importantly for the client, the law capped the liability of the construction contractors and enabled their businesses to move ahead without the cloud of potential future liability.

The discussion will involve details about a growing litigation threat, the lawsuit by responders, the litigation strategy before the playground meeting, the legislative opportunity, corralling the clients, the work to craft legislative options, the substantive, budget and political dynamic that influenced the legislative drafts, the growing litigation cloud, the integration of the legislative strategy into the litigation strategy with five companies and five different law firms, the comprehensive solution incorporated into the Zadroga Act (health, compensation and liability protection), months of politics, the media making a difference, enactment of the bill on the last day of the 111th Congress, and the signing of the bill into law.

Lawyers and law students will gain an understanding of how to evaluate when a legislative solution is possible, how to integrate an untraditional legislative or political solution into a client’s representation, the fundamentals of the legislative process to change the law, and why legal training in a law school was important in resolving this 9/11 situation and remains critical today.

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    20130410
4/10/2013
Show Description
Professor Nard will explore the high court's relationship with patent law from the 19th century to the present. What can historically be called a cautious approach to this important body of law has evolved in recent years to a more pronounced skepticism and interventionist mentality.

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    20130410
4/5/2013
Show Description
This program will focus on the impact of the transition from paper medical files to electronic health records outside of the clinical setting. Computerization will enable researchers, public health officials, and others to obtain unprecedented amounts of data that can be used to achieve significant medical and social advances. However, a tension exists between maximizing the benefits of secondary (non-clinical) use of electronic health information (EHI) and deferring to patient preferences regarding what is done with their EHI. Secondary data use thus raises complicated questions about patient autonomy, privacy protections, and the degree to which the potential to promote the common good should supersede concerns about risks to individuals. This program will bring together a distinguished group of experts to explore these fascinating issues.

Health Matrix: Journal of Law-Medicine, one of the most prestigious health law journals in the country, will publish the articles generated by the symposium (Volume 23, Issue 2, due out Spring 2013).

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  20130405
3/21/2013
Show Description
How did American criminal justice become so punitive? What role have theories of retributive justice played in this change? How have these theories influenced and been influenced by doctrines of atonement that assume God’s justice is retributive? Does restorative justice provide a more faithful understanding of atonement, and a better theoretical and practical grounding for our criminal justice system?

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  20130321
3/19/2013
    20130319
3/19/2013
    20130319
3/13/2013
Show Description
Congress’s power to tax is generally taken for granted, but the Constitution contains important limitations on the taxing power—the power to lay and collect taxes. Some issues:
  • What distinguishes a “tax’ from other governmental charges?
  • What are direct and indirect taxes and why does it matter whether a tax is one or the other?
  • What’s the significance of the Sixteenth Amendment, which permits Congress to enact a “tax on incomes” without having to meet the apportionment rule that otherwise applies to direct taxes?
  • Does the taxing power legitimate any exercise of congressional power that is funded by taxation?

These issues are not of only historical interest. Some were implicated in the recent litigation on the legitimacy of the individual mandate in the Obamacare legislation—the requirement, beginning in 2014, that most Americans acquire suitable health insurance or pay a penalty.

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    20130313
3/1/2013
Show Description
Great art has been coveted throughout history. Explorers, scientists, art collectors, politicians, and entrepreneurs from Western nations have sought out and removed art from the lands of great civilizations, often with the assistance and participation of local people and governments. In the last few decades, “victimized” source countries have begun to demand the return of such art. Meanwhile, museums throughout the world have integrated these pieces of art into their collections, often as the cornerstones of exhibits or collections that draw thousands of patrons every year. Private collectors and art dealers also have established interests in such pieces.

What role does the law play in art repatriation today? Can such individuals and organizations be required to return the artwork if they acquired the pieces through legal means? Does it matter whether what was legal at the time of acquisition would currently be considered legal? The laws of several nations have answers to these questions, usually addressing the issue as they would the rightful possession of any other item of tangible property. But a body of international law has recently emerged addressing these issues, changing previous analysis. Our distinguished panel will address the resulting issues from a variety of perspectives.

This Symposium first examines the pros and cons of repatriation. Cultural artifacts have often been incorporated as the focus of an exhibit in a museum; the possessor of the item, whether a museum, organization, or private dealer, has put resources into the restoration and continued maintenance of the piece. The possessor also often believes the piece was lawfully obtained. For these and other reasons, the possessor may refuse to consent to repatriation. Yet these items represent the cultural history and pride of the countries from which they originated. On that basis, continued possession of these items by museums and others outside the country of origin may be considered unethical or impolitic, if not necessarily unlawful.

The Symposium will then review the UNESCO Convention, which aims to discourage the looting of cultural items and allows for stolen pieces to be seized when illicit appropriation can be established. The Symposium also looks at the role that the Internet has played in repatriation and restitution. This presentation will cover how the Internet is likely to affect art restitution claims, analyzing future legal consequences surrounding museum acquisitions based on lessons learned from the Nazi-looted art arena.

How are museums reacting to repatriation issues? The Association of Art Museum Directors adopted the standard that museums should stop collecting pieces that cannot be traced to a legitimate public or private collection before 1970. This standard allows for significant discretion regarding its application when collecting antiquities, and has caused significant debate among curators and museum directors. The Symposium concludes with an examination of repatriation through the lens of one of Cleveland’s cultural centerpieces, the Cleveland Museum of Art.

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  20130301
2/13/2013
Show Description
After an unprecedented era of stability, the U.S. Supreme Court has undergone a remarkable degree of change. Four new justices have been confirmed to the Supreme Court in the past six years, including a new Chief Justice. Several recent high-profile cases, including the health care case, have reinforced perceptions that the Supreme Court is sharply divided along ideological lines. At the same time, doctrinal differences have emerged among justices long perceived as ideological bedfellows, and the Court’s docket has changed in potentially important ways.

In this lecture, Professor Adler will look at recent changes on the U.S. Supreme Court and their likely effect on the course of the law. Among other things, Professor Adler will discuss changes in the court’s docket, doctrinal shifts in key areas, the likely effect of the Presidential election on the Court, and what lessons can be learned from the Court’s recent terms, including important cases like NFIB v. Sebelius.

Prof. Adler will examine how the Court’s rulings could affect regulated industries, litigants, and potential future cases.

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    20130213
1/28/2013
Show Description
This lecture is part of the Institute for Global Security Law and Policy’s Official Corruption and National Security Lecture Series. Professor Beer will discuss the traditional “just war” doctrine, which sets out a range of criteria that ought to be fully satisfied if war is to be morally justified: the jus ad bellum ("the right to fight") and the jus in bello ("how to fight right"). The latter requires discrimination between combatants and noncombatants, and proportionality – evaluating military advantage vs. unreasonable damage to the innocent, although neither end result can be precisely predicted. In the current reality of armed conflict, a new paradigm is needed – one that is informed by both traditional legal and moral concepts.

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    20130128
1/9/2013
Show Description
The Supreme Court has recently demonstrated an interest in the Eighth Amendment protection against cruel and unusual punishment as it applies to discrete groups. In the past few years the Court has determined that the Eighth Amendment prohibits the execution of the mentally retarded and juveniles. Even more recently the Court determined that the Eighth Amendment prohibited life without parole (LWOP) for juveniles convicted of non-homicide crimes and just this term the Court determined that mandatory LWOP for juveniles convicted of murder also violated the Eighth Amendment. These developments raise questions about applications to other groups. One area of increasing attention is the Eighth Amendment implications of executing the mentally ill.

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  20130109
12/12/2012
Show Description
Lawmakers are considering a change in the tax exempt status of hospitals. Nonprofit hospitals, which are currently tax-exempt, might instead become taxable at the state or local levels, and receive tax deductions or credits for charitable activities. Professor Berg will describe the current debates about tax-exempt status for hospitals with respect to charity care requirements, and discuss the challenges. She will explore recent changes in this area of health law and policy and make suggestions for the future. Her talk will deal with issues relevant to health care lawyers, including those who are in-house counsel for hospitals and those who represent physicians, physician organizations, and patients. It will also be relevant to tax attorneys and those who represent non-profit businesses.

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  20121212
11/16/2012
Show Description
Over the last decade, the extraction of natural gas from underground deposits has increased significantly through the use of a process known as hydraulic fracturing, or “fracking.” In addition to stirring up fierce debate over potentially adverse environmental consequences, fracking has created several legal questions that have been left unanswered and largely unaddressed. How should authority to regulate this practice be allocated between federal, state, and local governments? What potential causes of action, if any, may a private citizen pursue? What are the tax implications of the expanding practice? How should claims concerning the ownership rights to underground deposits be decided? Case Western Reserve Law Review’s annual symposium will address the most pressing and challenging legal issues associated with the expanding practice of hydraulic fracturing.

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  20121116
11/14/2012
Show Description
Professor Cover will examine the social science on how fear affects peoples’ thinking and their own threat assessments. He will review in detail how the perception and understanding of catastrophic threats impact judges’ thinking and opinions, with a case study of the United States Supreme Court opinion, Holder v. Humanitarian Law Project, which upheld a federal law criminalizing material support to foreign terrorist organizations, including the teaching of humanitarian and international law. The presentation will provide lawyers with greater insights into how people, and particularly judges, perceive risks and fears. Such information will enable lawyers to hone their arguments to take into account these perceptions and either accentuate or mitigate the perceived risks as their cases may require.

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  20121114
10/25/2012
Show Description
The demands on health care organizations to eliminate preventable complications and provide far safer environments for patients are increasing. The just-upheld Affordable Care Act will add more fuel to this fire. Dr. Chassin will discuss the role of law and regulation in this effort, their strengths and weaknesses, and how they often conflict with other approaches to quality improvement. He will assess the current state of healthcare quality and what it will take to achieve consistent excellence.

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  20121025
10/19/2012
Show Description
The School of Law presents a unique daylong symposium about the role of women as general counsel and in senior leadership roles. The symposium will feature a vibrant and dynamic discussion of the issues women in these roles may face. Throughout the day, women general counsel, in-house counsel, senior attorneys, and others in leadership roles will examine the topic from a number of perspectives. Speakers will include both the School of Law's accomplished alumni and other high-level attorneys. Topics include Why Women Are Naturally Suited to be Effective Strategic Partners, The Strategic Role of Women General Counsel, How Skilled Women Lawyers Build Consensus, Key Challenges for Women General Counsel and Women Senior Partners, Developing Strategic Leaders: Women General Counsel and Senior Women Leaders, A Success Story of Driving Strategic Objectives and Diversity, and Driving Strategic Objectives & Partnership with Outside Counsel and the General Counsel’s Office. This event will offer peer exchange and networking opportunities, as well as professional development. In addition, it will provide a chance for junior level attorneys to learn from the experience of senior level women, who could serve as role models. School of Law alumni will be invited to participate in the symposium, which will be open to the legal community and the public, as well as faculty, students and staff.

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  20121019
10/18/2012
Show Description
A panel of constitutional, health and tax law experts, including academics and a practitioner, will discuss the Supreme Court's decision in National Federation of Independent Business (NFIB) v. Sebelius. The panel will examine the statutory, constitutional and tax law implications of the ruling. The information will be useful to attorneys who practice health law, tax law, and Medicaid law, as they counsel and represent small and large business clients. It will also be useful to attorneys who represent hospitals, physician organizations and insurance companies.

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  20121018
10/17/2012
Show Description
As the presidential election heats up, the nation is witnessing ever sharper debates over abortion and contraception, same-sex marriage and polygamy, and the role of religious communities in the delivery of charity and education. Prof. Witte will explore a volatile new issue of religious freedom and family law now confronting European democracies, and about to explode in North America: to what extent may Islamic and other religious communities have the freedom to develop their own independent religious laws to govern the sex, marriage, and family lives of their voluntary faithful who cannot abide state laws?

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  20121017
10/12/2012
Show Description
Executive compensation has become the most contentious issue in corporate governance. Many claim that poorly designed executive compensation helped cause the recent financial collapse, but critics disagree widely about what was wrong with those designs. Management and investors are wrestling over their roles in structuring executive compensation through say-on-pay and over the role of proxy advisory services. The symposium brings together prominent practicing attorneys, institutional investors, proxy advisors, and academics to discuss the current issues and where we are, or should be, headed.

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  20121012
10/10/2012
Show Description
Associate Dean Hill will discuss the various reproductive rights-related legislation that has been passed in Ohio and throughout the country recently. She will review the laws and discuss the constitutional issues they raise. In addition, she will touch on the contraceptives controversy and the affordable care act, depending on what issues are salient in the run-up to the fall election. The talk will be relevant to lawyers who work in the areas of health law, business law, constitutional law, and civil liberties. It will also be relevant to policymakers and lawyers who work in government.

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    20121010
10/3/2012
Show Description
FDIC acting chairman Martin Gruenberg will discuss the major components of the FDIC’s resolution strategy for systemically important financial institutions ("SIFIs"). The process is part of the agency's effort to develop the "orderly liquidation authority" it was granted by the Dodd-Frank Act, and to convince the financial industry that SIFIs neither have an unlimited public backstop, nor will they cause destabilizing disruptions when under financial strain. In addition, the FDIC has established the Office of Complex Financial Institutions to monitor risk and coordinate with foreign regulators to address the cross-border operations of SIFIs and the global nature of systemic risk. The information provided will have an impact on business owners, private investors, policymakers, financial planners, investment and retirement fund managers, and others. As a result, it will be important information for the lawyers who represent and advise them on securities law, corporate law, tax law, and banking law. It could also apply to government lawyers who advise policymakers, and to probate lawyers.

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    20121003
9/28/2012
    20120928
9/27/2012
Show Description
The remarkable career of Ohioan Salmon P. Chase deserves to be remembered. Beginning as a young lawyer defending runaway slaves in Cincinnati, Ohio, Chase went on to serve as Senator from Ohio as a Free Soiler, Governor of Ohio as a Republican, a candidate for the Republican presidential nomination, Secretary of the Treasury under President Lincoln, and Chief Justice of the United States. In all these roles, he relentlessly pursued the goal of liberty and equality for all Americans, white and black, male and female.

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  20120927
9/12/2012
Show Description
Join us for our monthly downtown lecture series for alumni, local practitioners, and the public, featuring Case Western Reserve University School of Law professors. From September 2012 through June 2013, the School of Law will host 10 morning lectures at The City Club of Cleveland. Attend as many as you like, and join us for coffee and breakfast beforehand.

Professor Katz will discuss recent Fourth Amendment developments, and some that may be down the road. He will focus on United States v. Jones where five members of the Supreme Court indicated a need to rethink the Katz privacy formula which has been used for 40 years to limit Fourth Amendment rights. Secondly, Professor Katz will discuss the disappearing Fourth Amendment protections for motorists on the streets and highways of America.

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  20120912
9/11/2012
Show Description
After the terrorist attacks of September 11, 2001, the United States launched a number of aggressive counter-terrorism tactics, including rendition, disappearances, indefinite detention, warrantless wiretapping, and torture. The Bush administration was ultimately compelled to retreat from the most lawless measures. Yet for the most part, these changes were not ordered by a court or demanded by Congress. Prof. Cole will explore the role of civil society in restoring the rule of law in post-9/11 America.

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  20120911
9/7/2012
Show Description
About the Symposium: Harvard Law Professor Jack Goldsmith, former Assistant Attorney General for the Office of the Legal Counsel, will deliver a featured lecture at the Frederick K. Cox International Law Center’s daylong symposium. Held in the critical swing-state of Ohio at the height of the 2012 Presidential election campaign, this timely symposium explores the contemporary debate over the foreign affairs powers of the President. Two dozen former high-level government officials and leading academics will discuss: Presidential Power in a War without End; The War Powers Resolution at 40; Rendition and Targeted Killings of Americans; The President’s Power to Manage International Economic Affairs; The President’s Power to Implement International Law after Medellin v. Texas; and Comparing the Approach of the Presidential Candidates.

This symposium is serving as the Annual Meeting of the American National Section of the International Association of Penal Law, and is being co-sponsored by the American Society of International Law, the American Branch of the International Law Association, the Cleveland Council for World Affairs, and the Public International Law and Policy Group. It was made possible by a generous grant by the Wolf Family Foundation.

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  20120907
9/6/2012
    20120906
8/29/2012
Show Description
Speaker Information:
Fatou Bensouda
Prosecutor
International Criminal Court

Fatou Bensouda of The Gambia is Prosecutor Elect of the International Criminal Court (ICC). She has been Deputy Prosecutor since 2004, in charge of the Prosecution Division of the Office of the Prosecutor. Earlier, Ms. Bensouda worked as a Legal Adviser and Trial Attorney at the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania, rising to Senior Legal Advisor and Head of The Legal Advisory Unit. Before joining the ICTR, she was the General Manager of a leading commercial bank in The Gambia. Earlier, she was Senior State Counsel, Principal State Counsel, Deputy Director of Public Prosecutions, Solicitor General, and Legal Secretary of the Republic, then Attorney General and Minister of Justice, in which capacity she was Chief Legal Advisor to the President and Cabinet of The Gambia. Ms. Bensouda also took part in negotiations on the treaty of the Economic Community of West African States (ECOWAS), the West African Parliament, and the ECOWAS Tribunal. She has been a delegate at U.N. conferences on crime prevention, human rights, and the ICC. Ms. Bensouda holds a masters degree in International Maritime Law and Law of The Sea.

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    20120829
8/29/2012
Show Description
Established in 2003, the Cox International Humanitarian Award for Advancing Global Justice has been presented to the Hon. Philippe Kirsch, President, International Criminal Court; Amb. Hans Corell, U.N. Under-Secretary-General for Legal Affairs; Judge Thomas Buergenthal, International Court of Justice; Luis Moreno-Ocampo, Prosecutor, International Criminal Court; Robert Petit, International Prosecutor, Khmer Rouge Tribunal; Judge Navanethem Pillay, U.N. High Commissioner for Human Rights; Brenda Hollis, Prosecutor, Special Court for Sierra Leone, and Amb. Stephen J. Rapp, U.S. Ambassador for War Crimes Issues, U.S. Dept. of State.

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  20120829
6/13/2012
  20120613
5/9/2012
Show Description
Professor Seymour will discuss:
  • Use of Drafting Tools – Covenants, Rights, Representations, Warranties and Indemnities
  • Clarity in Drafting – Avoiding Legalese, Recognizing and Correcting Linguistic Ambiguity, Drafting Dates and Numbers, the Pitfalls of Passive Voice
  • Simplicity in Drafting – Eliminating Wordiness, Organization, Use of Lists


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    20120509
4/16/2012
    20120416
4/12/2012
Show Description
The fields of reproductive medicine and prenatal diagnosis provoke some of the most profound, difficult, and controversial questions regarding personal, cultural, spiritual, and societal values, as well as beliefs about women, motherhood, family, children, and disability. The ability to conduct genome-wide analyses of the developing fetus magnifies the intensity of our uncertainties. While genetic research has opened up new possibilities to assess fetal health, the sheer volume of information generated by prenatal testing also introduces new social, ethical, legal, and practical conundrums for patients. Women are uniquely challenged by the decisions this presents. If prenatal testing is to empower those decisions, these challenges will need to be clearly identified and anticipated. At this symposium, bioethicists, legal scholars, medical practitioners, and scientists will clarify and examine these new challenges and propose guidelines and ways to handle them now and in the future.

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  20120412
4/11/2012
  20120411
4/5/2012
Show Description
If the need to belong is one of the most important foundations of human motivation, then social rejection, which thwarts that need, should produce striking effects. This talk covers the past decade’s work in my laboratory on how social rejection affects people. Their behavior changes drastically, including effects on aggression, helping, self-defeating behavior, intelligent performance, self-regulation

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  20120405
4/3/2012
Show Description
Federal tax law has always been dependent on state laws defining family and property rights. Recent changes by states, recognizing alternative forms of families, including same-sex marriage, civil union, and domestic partnerships, have created tension with federal tax law. For example, DOMA (Defense of Marriage Act) prevents the federal government from treating same-sex couples as spouses for federal tax purposes, while IRS rules recognize state property rights of same-sex couples. Further, federal law simply fails to recognize alternative family forms such as civil unions and domestic partnerships. In addition to denying tax benefits to same-sex couples, this leads to absurd results and causes confusion for taxpayers trying to report their income accurately. As DOMA is being challenged in the courts and bills are introduced in Congress to repeal it, questions arise: What can the IRS do now, with DOMA in force, to tax all couples fairly and accurately? How should substantive tax law change if and when DOMA falls? And, what transition problems should tax authorities be thinking about?

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    20120403
3/28/2012
Show Description
Perhaps the most striking political development in 2011 was the widespread and aggressive assault on public sector collective bargaining rights. While the most highly publicized and significant changes have taken place in Wisconsin and Ohio, other states have also passed laws restricting the rights of public sector workers. These changes represent the most radical revisions to labor law in the U.S. in decades, and have set off a political firestorm. Professor Slater argues that these attacks are a partisan attempt to weaken a key supporter of the Democratic Party and do not address budget deficits. Rather, they take away a right, considered fundamental in much of the industrialized world, that helps sustain a vital middle class and ensure skilled people will find public service an attractive career option.

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    20120328
3/27/2012
Show Description
Professor White will discuss questions raised by the recent U.S. health care reform:
- How was Congress able to pass health reform?
- What did voters want from that reform?
- Why didn’t Democrats pass a bill that produced the results they knew voters wanted?
- Why was an unpopular bill the only reform that could pass?
- Why did Congress pass the unpopular Act?

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    20120327
3/22/2012
Show Description
The 2012 Henry T. King, Jr. Annual Conference, will analyze the ongoing border negotiations of the Beyond the Border Working Group and Regulatory Cooperation Council and their implications for business, security, and trade. Keynote speakers and panelists include Ambassador Gary Doer, Dr. Laura Dawson, PhD; Christopher Sands, Senior Fellow at the Hudson Institute; and Theresa Brown, Director at Sentinal HS; among others.

For information regarding available sponsorships, please contact David Kocan, Managing Director of the Canada-U.S. Law Institute.

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  20120322
3/20/2012
Show Description
Amb. Stephen J. Rapp, U.S. Department of State, is the 2011-2012 Recipient of the Cox International Humanitarian Award for Advancing Global Justice

As U.S. Ambassador-at-Large for War Crimes Issues, Stephen Rapp serves as the point man in America’s efforts to bring major war criminals to justice across the globe. Based on his unique position, Ambassador Rapp will discuss the status and challenges posed by the international criminal cases against Libyan Head of State Muammar Kadafi, Sudanese President Mohamed al-Bashir, former Liberian President Charles Taylor, and former Serb leaders Radovan Karadzic and Ratko Mladic. He will cover challenges in obtaining custody of indicted war criminals, impediments to building a case for the prosecutor, obstacles to ensuring fair and orderly trials, and the importance of outreach.

Established in 2003, the Cox International Humanitarian Award for Advancing Global Justice has been presented to the Hon. Philippe Kirsch, President, International Criminal Court; Amb. Hans Corell, U.N. Under-Secretary-General for Legal Affairs; Judge Thomas Buergenthal, International Court of Justice; Luis Moreno-Ocampo, Prosecutor, International Criminal Court; Robert Petit, International Prosecutor, Khmer Rouge Tribunal; Judge Navanethem Pillay, U.N. High Commissioner for Human Rights; and Brenda Hollis, Prosecutor, Special Court for Sierra Leone.

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  20120320
3/14/2012
Show Description
Professor Pollis will give an overview of the jurisdiction of federal and Ohio appellate courts, with an eye toward helping practitioners wade through the patchwork of jurisdictional rules and exceptions and to understand the differences between the federal and Ohio systems. The presentation will be designed to help both those seeking to invoke appellate jurisdiction and those seeking to evade it.

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  20120314
3/2/2012
Show Description
The symposium concerns the current legal framework provided in the U.S.A. Patriot Act that requires all regulated financial institutions, including banks, insurance companies, and broker-dealers, to institute procedures to identify clients and monitor their accounts to detect possible terrorism financing and to report such suspicion to the Financial Crimes Enforcement Network of the United States Treasury. These requirements are based on the international standards promulgated by the Financial Action Task Force, which adopted the 11 Recommendations on Terrorism Financing soon after the attacks of September 11, 2001.

The U.S. Law and the International Standards are designed both to prevent the use of financial institutions by terrorist financers and to allow for the freezing and forfeiture of any such financing and to provide evidence for prosecution of terrorist financers. While the law and the standards have been in effect for over 10 years, there has been significant doubt raised as to how effective they are, in large part because no comprehensive empirical study has been made to identify what types of financial transactions are indicators of terrorism financing.

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  20120302
2/24/2012
Show Description
Non-practicing entities (NPE) evoke strong opinions. Even defining them can be controversial. Detractors argue that NPEs are inconsistent with patent law’s mission. By definition, NPEs do not commercialize patented technology, and sustain themselves by aggressively enforcing patent rights against those entities who do bring products to market. In contrast, those with a favorable view of NPEs counter that NPEs are market makers who take unused (or under used) valuable assets and add liquidity to the market through legitimate monetization efforts, while also providing a credible litigation threat on behalf of small entities and individual inventors.

Business people, lawyers, and academics will discuss and argue all sides of the issue, and take feedback and questions from attendees during this interactive symposium. The format for the symposium will comprise four panels, two in the morning session and two in the afternoon. Four topics will be examined. The morning and afternoon panels will – with a moderator – each discuss two topics (provided prior to the symposium) relating to the role of NPEs in the modern patent system. A question and answer session will take place after each panel has had its say on a given issue. Thereafter, the audience – armed with clickers – will weigh in, voting on which panel presented the most convincing arguments on a given topic.

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  20120224
2/8/2012
  20120208
1/11/2012
  20120111
12/14/2011
Show Description
Both U.S. and international law have long required regulated financial institutions to help fight money laundering by through a series of due diligence measures. These include identifying their customers, establishing client profiles, monitoring for unusual transactions, reviewing those transactions to see if there was suspicion that they involved the proceeds of crime and, if so, reporting the transaction to the authorities in the form of a suspicious activity report (SAR). When these requirements were first established neither financial institutions nor their supervisors had much experience as to what in a client’s profile and the client’s patterns of transactions might indicate money laundering. However, based on an expanding knowledge of how criminals tend to launder their money, over time financial institutions have developed increasingly effective detection and reporting systems. By studying known examples of laundering, authorities have identified patterns or indicators of possible money laundering and made them available to financial institutions as money laundering patterns or red flags. Using these sources, financial institutions have been able to develop systems to help them determine which transactions carry a materially greater risk that laundering is involved.

Following the terrorist attacks of September 11, 2001, the duties of financial institutions were expanded to detect and report terrorist financing. However, there was little in the way of known patterns of terrorism financing that financial institutions could use to help identify such transactions. For this reason, the U.N. Counter-terrorism Implementation Task Force requested a comprehensive study on past terrorism financing techniques that would add to value to efforts by both financial institutions and governmental authorities in identifying terrorism financing patterns. This recently completed study provides evidence of how terrorist actually use financial institutions to support terror. This study should help both financial institutions in implementing their due diligence requirements and government authorities tasked with ensuring implementation.

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  20111214
11/21/2011
Show Description
Victim participation in international criminal justice is a new trend of the 21st century. Although victims had access to international justice before the human rights courts were established, the international criminal court (ICC) has gone a step further by allowing them to participate in criminal proceedings. In addition, the ICC-system allows the Court to order reparations. This system, which seems closer to civil law than common law, poses important legal questions and practical challenges when applied before international criminal courts, in cases involving massive numbers of victims. With the first two trials at the ICC nearing completion, the picture of what victim participation means in practice is gradually emerging.

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  20111121
11/16/2011
Show Description
Electronic health record (EHR) systems are becoming a fixture in medical facilities. All attorneys who serve health care providers must understand the legal implications of health information technology use. The potential benefits of computerization are substantial, but EHR systems also give rise to new medical error risks and liability concerns for health care providers. This talk will analyze the potential hazards associated with use of this complex and important technology in the clinical setting. These relate to the systems’ usability, safety, and security.

While EHR technology can enhance treatment outcomes, it might, in some circumstances, endanger patient welfare or strain the physician-patient relationship. Medical errors can occur because of all of the following: 1) information overload; 2) data display problems; 3) sloppy use of the copy and paste feature; 3) typing mistakes; 4) flawed decision support alerts and reminders; 5) software defects; and 6) computer shut-downs. Health care providers transitioning to EHR systems also must adjust their work habits and learn to use computers at the bedside and the examination room at the same time that they interact with patients.

Other concerns exist as well. EHR system demands, electronic communication with patients, and patients’ access to their medical data through personal health records can complicate clinicians’ work and change patients’ expectations or relationship with their care givers. In addition, once information is computerized, both patients and health care providers may worry that privacy will be compromised through hacking, stolen or lost laptops, accidental disclosures to third parties, or intentional information leaks. Anxiety about privacy can add further stress to treatment encounters.

In light of these concerns, the federal government has begun to enact regulations to oversee the quality of EHR systems. The talk will analyze the regulations and argue that in their current form, they fail to provide comprehensive protection to EHR system users and patients.

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    20111116
11/15/2011
Show Description
Ms. Quatela will discuss Intellectual Property as a Business Model, including the role of patent protection litigation as part of corporate business strategy. It offers a way to recover research, development, and production costs, as well as a way to generate revenue. Using her experience at Kodak as an example, she will describe the value to the company of putting a large number of licensing agreements in place and of pursuing litigation against other companies to protect Kodak’s patents and intellectual property. For example, settlements Kodak has achieved with Samsung and LG Electronics. She will also describe the litigation Kodak has pursued with Apple and Research In Motion, the maker of BlackBerry.

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    20111115
11/8/2011
Show Description
THE RESPONSE is an award-winning courtroom drama based on the actual transcripts of the Guantanamo Bay military tribunals, starring Kate Mulgrew from "Star Trek Voyager," Peter Riegert from "Law and Order: SVU," and Aasif Mandvi from the "Daily Show." The film places the audience inside the tribunal process where they, along with the military tribunal, must decide whether the evidence presented is credible and if the detainee is, indeed, an enemy combatant.

Following the screening, writer/director/producer Sig Libowitz will discuss the film and debate the Guantanamo Bay tribunal process with a panel of experts, including Dennis Terez, Federal Public Defender, Northern District of Ohio, who has defended several of the Guantanamo Bay detainees.

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    20111108
11/4/2011
Show Description
Next year marks the 50th anniversary of Baker v. Carr, the ruling that established the one-person/one-vote principle and led to profound changes in the way legislative districts are drawn at every level of government. U.S. federal courts are regularly embroiled in resolving districting and apportionment disputes, which have profound implications for the distribution of political power and influence throughout the nation as well as for the way public policies are made at the national, state, and local levels. Legal scholars and social scientists will address the many questions that have arisen from Baker v. Carr, including principles of districting, the nature of representation, voting rights, and the capacity of courts to resolve districting and apportionment disputes.

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  20111104
11/3/2011
Show Description
The FDA faces substantial challenges as it seeks to satisfy the expectation of the public for safe food and safe and effective medical products. These challenges include the wide array and virtually infinite number of products for which FDA has regulatory responsibility and the finite resources available to monitor them. Mr. Tyler will discuss regulatory problem solving, focusing on the “why” and “how” of product regulation.

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  20111103
11/1/2011
Show Description
Davis Robinson will discuss the important role that attorneys play in shaping U.S. foreign policy. He will also address the tendency of decision makers to exclude lawyers from decisions and the negative impacts he has seen arise in the foreign policy context as a result. He will explain how involving the Legal Adviser helps the “Ship of State” avert crises. Mr. Robinson will discuss his experiences in establishing the Iran-U.S. Claims Tribunal, Operation "Urgent Fury" in Granada, the mining of Nicaragua's Harbors and the Nicaragua ICJ Case, the Huguang Railroad Bonds Case with China, and the Gulf of Maine Case before the ICJ.

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    20111101
10/26/2011
  20111026
10/20/2011
Show Description
Bob Gurwin, Assistant General Counsel with AOL Inc., will discuss how the emergence of social networks, sites that rely predominantly on user-generated content, and new technologies like smart phones, tablets, cloud computing, and streaming have given us reason to have a fresh look at established principles in many areas of the law, including intellectual property, privacy law, torts, and even criminal statutes.

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    20111020
10/19/2011
Show Description
International arbitration faces numerous challenges, many of which stem from its success. Users complain about the time and cost involved in arbitration. Governments and investors wonder about the fairness of investor-state arbitration. Mr. Rivkin will explore the nature of these challenges and offer suggestions to improve the system to meet the demands of business in the 21st Century.

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  20111019
10/17/2011
Show Description
Having the government pay for political campaigns remains unpopular among liberal, conservative, and independent voters. Voters have rejected or repealed government-funded campaigns in Oregon, California, Alaska, Massachusetts, and Missouri. Professor Smith argues it is dangerous to give government control over electoral speech, because the tendency to use such control for partisan purposes is a constant temptation. He recommends a doctrine of “separation of campaign and state” similar to the separation of church and state or of civilian and military authority.

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  20111017
10/15/2011
Show Description
For at least the past two decades, Cuyahoga County has failed to compete effectively in a rapidly changing global arena. The reasons are many: lack of clear accountability; lack of a long-term strategic plan; corruption; and failure to coordinate the talents of all potential partners, including non-profits, businesses, academic leaders, labor leaders, and 57 cities and suburbs. Corruption is now a game of the past, thanks to the leadership of the U.S. Attorney’s Office for the Northern District of Ohio. Early signs suggest investments in innovation are bearing fruit, but the area still needs strategic vision, partnerships, a welcome mat for new businesses and jobs, and political support for leaders willing to take a risk to move the County forward.

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    20111015
10/14/2011
Show Description
This conference brings together consumer law attorneys who use different tools to help people who have been victimized by consumer fraud. The victims are often people from underserved populations, who are susceptible to mortgage or foreclosure-related scams, credit or debt-related schemes, or other “bottom dollar” frauds, such as work-at-home scams, that prey on people who are suffering in the economic downturn. By bringing together people from government agencies such as the Federal Trade Commission and the Ohio Attorney General’s Office, legal services attorneys, and attorneys and advocates in the private sector, we hope that the panelists and the audience will learn from one another and benefit from the resources that we each have.

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    20111014
10/12/2011
Show Description
Many issues and challenges arise in medical malpractice cases. Mr. Moscarino will discuss the legal viewpoint, while Dr. Nearman will present the point of view of the medical profession. Dr. Nearman will also focus on issues presented by expert witness testimony in such cases.

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  20111012
10/11/2011
Show Description
Although the U.S. has been engaged in some form of ongoing overseas armed conflict for more than a century, policy makers and the public continue to view wars as exceptional events that eventually give way to normal peace times. But if war is thought to be exceptional, “wartime” remains a shorthand argument justifying extreme actions like torture and detention without trial. And as the public becomes more disconnected than ever from the wars their nation is fighting, the country is without political restraints on the exercise of war powers.

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  20111011
10/6/2011
Show Description
Our nation has made enormous progress toward racial justice since World War II. In this lecture, Fred D. Gray, one of the nation’s preeminent civil rights lawyers, will analyze legal developments in this field. Drawing on his own leading role in many landmark civil rights cases, Mr. Gray will explain the relationship between legal advocacy and political activism while examining the challenges that we continue to face in preserving and extending the gains that we have made. This lecture should be of particular interest to lawyers because of Mr. Gray’s unique perspective as an advocate for civil rights in several landmark Supreme Court cases and in many other lawsuits. Because Mr. Gray is currently in practice, he will also provide timely information useful to lawyers who handle civil rights, human rights, civil liberties, disability rights, labor and employment cases.

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  20111006
9/23/2011
Show Description
After the September 11 attacks people often said "everything has changed." Ten years later, it is time to consider what has changed and what it means. This symposium will consider the impact of post-9/11 national security concerns on universities, professors, and students.

First, what role have academics played in national security matters, historically and currently, and what are the implications? Speakers will consider the ethical issues raised by the military's use of anthropologists and geographers in Iraq and Afghanistan, and the impact of legal professors’ participation in national security matters, as advocates for detainees or as government lawyers. Second, what implications has 9/11 had on the day-to-day operation of universities? Issues range from threats to academic freedom to questions about resource allocation. Finally, in what ways have our national security concerns and sense of insecurity influenced academic discourse?

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  20110923
9/14/2011
Show Description
Introducing a new monthly lecture series for alumni, local practitioners, and the public, featuring Case Western Reserve University School of Law professors.

From September 2011 through June 2012, the School of Law will host 10 morning lectures at The City Club of Cleveland. Attend as many as you like, and join us for coffee and breakfast beforehand.

The Supreme Court has decided several significant First Amendment cases over the past two years. Some of these decisions have afforded increased protection to comparatively affluent claimants, prompting critics to suggest that the Court has been comforting the comfortable and afflicting the afflicted. This program will assess the extent to which the recent First Amendment rulings have afforded increased protection to the powerful at the expense of outsiders.

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  20110914
9/12/2011
Show Description
After 10 years, how successful has the U.S. War on Terror been, and what should be our next step? Experts from the military, the U.S. Attorney’s Office, and academia will discuss the War on Terror launched by the U.S. in response to the 9/11 attacks. They will examine what the U.S. has done to try to prevent future terrorist attacks, the effectiveness of those methods, and alternatives for the future. With direct and consulting experience in the war on terror, panelists will speak from first-hand experience about the challenges, successes and future plans to protect U.S. citizens and their country from attack.

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  20110912
9/9/2011
Show Description
2011 is shaping up to be one of the most turbulent years in history. This timely symposium is designed to examine both the application of international law in times of crisis and whether these events are pushing international law itself to the brink of crisis, with panels examining developments in Northern Africa and the Middle East, climate change, international economic law, universal jurisdiction, piracy, and the war on terrorism. The symposium features an address by the Hon. Richard Goldstone, was Justice of the South African Constitutional Court and Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda.

Case Western Reserve Journal of International Law, one of the oldest and most prestigious international law journals in the world, will publish a special symposium double issue with the articles generated by the symposium (Volume 44, Issue 1 & 2, due out in Spring 2012).

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  20110909
4/28/2011
    20110428
4/14/2011
Show Description
Leading experts will examine the Canada-U.S. collaboration to achieve clean, and sufficient, energy – including: (1) development and deployment of carbon capture and storage in Canada and the U.S.; (2) improving Canada-U.S. collaboration in priority areas such as future-generation biofuels, clean engines, clean vehicles and energy efficiency in homes and buildings; and (3) Canada-U.S. collaboration to facilitate the long term transition to a modernized electricity system, including renewable sources (solar, wind, nuclear) and the infrastructure needed to use them.

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    20110414
4/11/2011
Show Description
Constitutional lawyers cannot ably proceed without a deep understanding of the foundations of the Establishment Clause, its internal tensions, and its relationship to the theory of our constitutional democracy. In his lecture, Prof. Shiffrin will seek to develop that understanding in a rich and accessible way.

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  20110411
4/5/2011
Show Description
John McPherson is the cartoonist behind the popular single-panel comic strip “Close To Home,” which appears in over 700 newspapers world-wide. During his lively and humorous presentation, Mr. McPherson will show some of the funniest medical cartoons ever penned, and the impetus behind them. He will also reveal how his creative process works, why medicine is his favorite topic for cartoons, read several angry letters from readers, and display cartoons that his editors would not let him run.

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    20110405
3/31/2011
Show Description
Lawyers negotiate repeatedly, but few have thought about the factors that are possessed by proficient negotiators. Over the past thirty years, I have tried to determine the factors that contribute to negotiating success. I have found no statistically significant differences among students in my Legal Negotiating classes based upon race, sex, or nationality. I have found no correlation between student GPAs or emotional intelligence and negotiation results.

Negotiator styles affect bargaining interactions. Individuals who use a hybrid Competitive/Problem- Solving approach designed to generate efficient agreements that maximize the joint returns achieved, but which enables such persons to claim a greater share of the joint surplus ("WIN-win" negotiators), do better than purely cooperative or competitive bargainers. Adept negotiators are thoroughly prepared, since they appreciate the fact that "knowledge is power." They calculate their own bottom lines, and accurately estimate the bottom lines of their opponents. They establish elevated, but rational, aspirations, and prepare opening positions that favor their own sides. They develop confidence in their own positions which undermines the confidence of less prepared adversaries. They use the Preliminary Stage of their interactions to establish rapport with opponents and positive negotiating environments. They have excellent communication skills, and they are patient and persevering bargainers. They are also ethical individuals who puff and embellish, but never misrepresent material information.

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  20110331
3/16/2011
Show Description
Mr. Bagenstos will talk about how the Olmstead principle, which has been applied to address whether people with disabilities should be institutionalized, should also apply to segregated employment settings for people with mental disabilities. He will talk about supported employment for people with disabilities and other tools for obtaining employment integration and how they fit within the scheme of the Americans with Disabilities Act (ADA).

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  20110316
3/15/2011
Show Description
In her lecture, Ms. Hollis will discuss many of the challenges facing the practitioner engaged in complex litigation involving high level accused. These challenges include achieving a workable reconciliation of diverse regional, national and international goals of such litigation, carrying out complex investigations in diverse locations and among diverse cultures, identifying potential suspects, determining how to identify, approach, select and protect “insider” witnesses, vulnerable victims and survivors, doctors, local authorities, personnel from international agencies or others who have “overview” evidence, how to deal with traumatized victims and survivors who may speak a different language and may be called upon to travel outside their local communities, even outside their countries, to testify, preparing indictments which are reflective of the crimes committed but also capable of timely judicial resolution. The challenges in such cases also include how to maximize efficiency while ensuring the evidence meets the required burden of proof, the key to which is meeting the challenge of collecting, organizing, maintaining, retrieving and analyzing large amounts of information both for use in trial and to ensure compliance with very broad disclosure rules.

The legal challenges include developing or refining positions on issues of procedural law and of substantive law for crimes such as conscripting or enlisting children under the age of 15 years or using them to participate actively in hostilities and for forms of liability such as joint criminal enterprise or common plan, design or purpose. The lecture will also consider the challenges involved in proving the “linkage” between high level accused and the crimes charged where the accused are often not charged with direct commission of offences and may not have been in the country where the crimes were being committed.

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  20110315
3/3/2011
Show Description
Professor Zywicki will discuss:
  • What caused the mortgage foreclosure crisis that began in 2007 and continues today?
  • How did state & federal law contribute to the housing bubble and subsequent crash?
  • How effective are the Dodd-Frank legislation and Consumer Financial Protection Bureau?


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  20110303
3/2/2011
Show Description
Collective memory is increasingly discussed as an important feature of large group behavior. Prof. Ross will outline conceptual tools for the analysis of collective memory and how present needs shape what is told and retained about the past: narratives, symbols and rituals, and symbolic landscapes as well as an empirically useful way to understand collective memory and its role in ethnic and racial conflict and conflict mitigation. To illustrate the approach, he will consider the case of race in the United States and especially the phenomenon of slavery in both the north and the south. He will emphasize the role of selective forgetting in the north and how only in recent years has the story of slavery and segregation there been publicly considered.

The specific conflict he will describe and analyze has gone on for the past nine years in Philadelphia concerning George Washington and the nine enslaved Africans who lived in the President’s House in the city from 1790-1797. The house that was torn down in the 1830’s was a block away from Independence Hall—where the national narrative of freedom and liberty is celebrated, and the former slave quarters is almost directly under the present entrance to the Liberty Bell Pavilion where the bell is housed. Unlike the simple story that was told in Independence Hall National Park, we should ask how can this complex braided history of freedom and slavery that not only is found on this site but throughout the country in its first 77 years be told together?

In Philadelphia, there have been contentious debates, strong disagreements and complicated and painful discussions about Washington, slavery in the north, and the nine enslaved individuals—two of whom escaped to freedom. These debates reveal a good deal about what is, and is not, included in collective narratives, how selective narratives are remembered or forgotten, and reinforced or discouraged. The story of this conflict offers a challenge to law and society and shows the power of collective memories unleashing and resolving long-standing, deep cultural conflicts.

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  20110302
2/17/2011
Show Description
Television has evolved from three national networks airing scheduled programming, to 500-channel cable/satellite platforms, to Internet delivery of “unlimited channels” of video content. But it’s the rapid development of the Internet and dissemination of on-line video content that is ushering in the most significant change. And, with such change come numerous legal and practical challenges for traditional video content providers and distributors alike.

In his lecture, Mr. Callard will review the early history of the cable television industry – how it started, how it grew and the legal issues encountered along the way. He will answer the questions: What is cable television? What is a multichannel video programming distributor (MVPD)? What is video programming? And what do these terms mean under federal law and FCC regulations? Mr. Callard will discuss recent cases and how they apply to the developing on-line video distribution business. He will describe how they impact his work as a distribution lawyer, to highlight some of the legal/regulatory and practical issues facing both traditional content providers and distributors.

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  20110217
2/11/2011
Show Description
There has always been some tension between the ethical, legal, and professional obligations of professionals and the requirements of military service. This tension has been increased by the War on Terror. Physicians, mental health professionals, lawyers, and law enforcement/corrections officers serving in the military have been placed in situations in which their professional ethics, obligations, and legal duties may contradict military necessity or directives, or even place the role of professional in direct conflict with the role of military personnel.

As the management of armed conflict, the law of war, and the professionalization of the military has increased, this tension has similarly increased. Military professionals have been asked to bring their expertise, skills, and professional talents to the prosecution of military action not just as military personnel but as doctors, mental health professionals, lawyers, and law enforcement/corrections officers. Doctors and mental health professionals are charged with supervising and controlling interrogations, lawyers are asked to provide legal opinions and advise on the treatment of prisoners, and law enforcement and corrections officers must guard and control prisoners. While performing these duties military necessity can impose conflicting duties and concerns. The need for information, validation, or security may require different loyalties and focus than the professional duty. The need for information about an upcoming attack that could save the lives of comrades may directly contradict the need for care or treatment of a prisoner.

This symposium brings together professionals, ethicists, theorists and practitioners from medicine, mental health care, the law, law enforcement, and the military to explore these complicated and timely issues in an open and frank discussion.

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  20110211
2/4/2011
Show Description
The Katyn massacre of 1940 involved murders at the Katyn forest and in other locations throughout the Soviet Union of over 22,000 Polish officers, prisoners of war, and members of the Polish leading elite, by a single shot to the back of each of their heads. For 50 years, this massacre was subject to a massive cover up. Initially the Soviet Union blamed the Nazis for the murders, saying that the killings took place in 1941 when the territory was in German hands. It was not until 1990 that the Russian government admitted that the executions actually took place in 1940 and were carried out by the Soviet secret police. In 1990, Russian prosecutors launched a criminal investigation into the massacre, but the case was terminated in 2004, its findings were classified as top secret, and it appeared that the tragedy would once again be subject to "historical amnesia."

The objective of the Katyn Symposium is to bring together leading international experts in jurisprudence, international criminal law, and the Katyn crime, as well as representatives from Poland and Russia, to discuss the events in a neutral setting. A diverse group of highly qualified scholars will present Polish, Russian and third party expert views on the Katyñ murders in four panel sessions, followed by a round-table discussion.

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  20110204
1/28/2011
Show Description
The symposium will address the ongoing legal debate that surrounds patents on potentially therapeutic biomedical technologies, including gene patents. The symposium will consider how other disciplines, including bioethics and economics, might help to inform the development of novel laws addressing the unique issues arising from the debate. The symposium will include a lecture discussing the role patents have played in spurring the innovation of adult stem cell-based therapies, as well as a presentation on genetic testing and the impact patents have had on patient access to new biomedical technologies.

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  20110128
1/12/2011
Show Description
Philippe Sands will discuss the unprecedented contributions of Hersch Lauterpacht, Rafael Lemkin, and Louis Sohn in helping to forge modern international law. Studying and working in eastern Europe in the early 1900s, these three great legal minds together drafted Nuremberg Statute Article 6, the Genocide Convention, and the International Court of Justice Statute.
_______________________________________
The Klatsky Seminar in Human Rights
In 2000, university trustee Bruce J. Klatsky endowed two annual fellowships for Case Western Reserve University law students at Human Rights Watch and an annual lecture, the Klatsky Seminar in Human Rights, which has featured Sir. Christopher Greenwood, International Court of Justice; Harold Koh, U.S. Department of State; Richard Goldstone, International Criminal Tribunal for the former Yugoslavia; Kenneth Roth, Human Rights Watch; and Pulitzer Prize-winning author, Samantha Power.

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  20110112
11/19/2010
Show Description
The 2010-2011 Law Review Symposium will address limits on government speech and the government's ability to claim speech as its own in both restricting and compelling speech. Panels will examine 1) the intersection between government speech and the establishment clause (with a focus on the implications of Salazar v. Buono); 2) the extent to which the government can control school curricula and restrict the work of law school clinics; 3) the extent to which the government can compel speech by denominating the speech as its own.

AGENDA
8:30-9:00 AM Registration
- Ground Floor Rotunda

9:00-9:15 AM Introduction — Prof. Raymond Ku, Associate Dean for Academic Affairs, Case Western Reserve University School of Law

9:15-10:45 AM Panel I – “Government Control of School Curricula and Law Clinics”

10:45-11:00 AM Break

11:00 AM-12:00 PM Lecture –
Prof. Frederick Schauer, University of Virginia School of Law

12:00-1:00 PM Lunch

1:00-2:30 PM Panel II –
“Government Speech and the Establishment Clause”

2:30-2:45 PM Break

2:45-4:15 PM Panel II –
“Can Government Compel Speech by Designating it as its Own?”

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  20101119
11/15/2010
Show Description
Negotiations Expert, Attorney, Sports Agent, Educator, Author, and Civic Leader, Ron Shapiro shares the key principles of effective negotiations with a style of delivery that is personal, engaging and dynamic. Drawing on his unparalleled experiences from the worlds of law, sports, business, and politics, as well as in dealing with issues common to us all, Mr. Shapiro will introduce his systematic approach. Learn how to get what you want while building stronger relationships for the future. Learn to focus on client needs and issues through listening and the Systematic Approach: 3P’s, Prepare-Probe-Propose, of Mr. Shapiro’s award winning book, The Power of Nice: How to Negotiate So Everyone Wins – Especially You!

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  20101115
11/11/2010
Show Description
Julian Bond, a world-renowned member of the U.S. civil rights movement, will speak on the role the law has played in both encouraging and thwarting that movement, beginning with the seminal Supreme Court decision of Brown v. Board of Education (1954). While Brown in many ways gave life to the civil rights movement in this country, Mr. Bond will discuss how legal developments continuing to the present day have served at times in fact to discourage progress in that movement. His presentation will include his personal involvement with legal developments in the civil rights movement and his own case involving his seat in the Georgia legislature -- a case that ultimately ended up before the Supreme Court.

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  20101111
11/11/2010
Show Description
Donald Ferencz, executive director of the Planethood Foundation, and Case Western Reserve University School of Law Professor Michael Scharf participated as NGO (non-governmental organization) delegates at the International Criminal Court Assembly of States Parties Review Conference in Kampala, Uganda in June 2010. At the Review Conference in Kampala, the 3,000 delegates agreed to a complicated formula to amend the International Court's Statute to add the crime of aggression to its jurisdiction. The formula had its origins in part in a 2008 Experts Meeting that Mr. Ferencz and Prof. Scharf co-sponsored at Case Western Reserve University School of Law, "The ICC and the Crime of Aggression." At the November 11, 2010 program, Mr. Ferencz and Prof. Scharf will explain the negotiating history and meaning of the "Crime of Aggression" Amendment to the ICC's Statute, and describe its likely consequences for the United States and its allies.

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  20101111
11/4/2010
Show Description
Mr. Munyantwali will focus on how enhanced legal infrastructure can be a useful tool in promoting African economic development. Currently, Africa’s legal and judicial institutions while improving still need strengthening to cope with the demands of its rapid economic development and effective participation in the global economy. Many legal and judicial institutions on the African continent are hampered by archaic practices, such as non existent or outdated court reports, the hand recording of court decisions, the lack of or limited application of alternate modes of dispute resolution, and rampant court corruption. When coupled with other functional inadequacies, such prevailing factors render many jurisdictions unattractive for investment. Local and foreign investors are drawn to investment destinations characterized by functioning courts and speedy adjudication of disputes rooted in a reasonably predicable jurisprudential normative framework.

Many commentators have observed that to reverse this trend requires the political will to establish institutions that adhere to the aforementioned norms and symbolize adherence to basic rule of law principles - such as a functioning judiciary, predicable and well-drafted laws, solid legal and judicial institutions and well trained legal professionals. To the casual western observer this might be taken for granted and presumably easy to establish, but these are serious challenges in many African and emerging global economies. Many of the problems are rooted in undemocratic and former command economies that are rapidly adopting capitalistic norms driven by a dominant private sector. The discussion will offer a range of possible solutions towards a regime underscored by a solid legal infrastructure.

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  20101104
10/28/2010
Show Description
Nine years removed from the 9/11 attacks, we remain bogged down in debate regarding the proper role, if any, for military detention in relation to terrorism. Some are calling for legislation to define more specifically who may be detained. Others object that this question should be left to the judiciary to resolve in the Guantanamo habeas cases, and that legislation might actually worsen the situation. Professor Chesney will discuss who has the better argument, and whether any of this matters beyond Guantanamo.

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  20101028
10/15/2010
Show Description
Professor Jonathan Entin will examine the legal and practical issues associated with maintaining and enhancing the diversity of the bar. The legal issues have been accentuated by several recent Supreme Court rulings that recognize the legitimacy of diversity as a goal but impose limits on the kinds of programs that public and private institutions may use to promote that goal.

In his talk, Professor Entin will first examine Grutter v. Bollinger, 539 U.S. 306 (2003); Gratz v. Bollinger, 539 U.S. 244 (2003); Parents Involved in Community Schools v. Seattle School District No. 1, 551 U.S. 701 (2007); and Ricci v. DeStefano, 129 S. Ct. 2658 (2009), and then explore the implications of those cases for efforts to increase diversity in private law firms and government agencies at all levels.

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    20101015
10/15/2010
Show Description
Panelists will focus on the dynamics of moving toward peace over time from various “points of view,” the (mostly Catholic) Irish Republican paramilitary opposition and the broader, Irish Nationalist community as well as the (mostly Protestant) Loyalist paramilitary along with the broader Unionist community, and, finally and hopefully – the Irish government perspective.

As the speakers discuss the unfolding dynamics of the conflict’s end and movement toward peace in light of their own experiences or analyses, the focus will account for how different groups’ goals, reasoning, and (in)ability to overcome any internal divisions affected the prospects of peace and of drawing violent parties into mainstream political institutions. Such a focus will help to reveal and highlight the dynamics of dissention within groups that have been conventionally treated as monolithic political actors, as well as how these internal divisions affected the broader conflict between groups that played out more openly over time.

These divisions are particularly and acutely salient to both Northern Irish and Irish politics today, with the recent decomissioning of Loyalist groups, the first security force member killings in more than a decade (by Republican ‘dissidents’), the growing number of Republicans and Nationalists becoming disillusioned with Sinn Fein’s ability to effectively negotiate its agenda through Stormont, and the scandal that threatens First Minister Robinson’s position – and therefore the Executive itself.

Finally, the panels will conclude with each speaker discussing how the case of the conflict in Northern Ireland can help us to understand conflict and the chances for peace elsewhere, with panel member(s) expanding on this issue.

The aim of the event is to understand and learn from the end of a real-life conflict, including how various points of view were accommodated, while achieving peace and reconciliation. The goal of that understanding is to examine how lawyers might apply similar methods to the practice of law, including negotiations among individuals or groups, arbitration, mediation and other circumstances.

AGENDA
8:30 AM –9:00 AM – Welcome & Introduction
9:00 AM – 10:30 PM Panel I
10:30 -10:45 AM Break
10:45 AM – 12:15 PM Panel II

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  20101015
10/8/2010
Show Description
The Symposium will discuss actual and proposed changes in SEC regulations, including:
• Dodd-Frank financial regulatory reform bill
• Systemic risk regulation
• Liability of credit rating agencies
• “Say on Pay”
• Shareholder access to the corporate proxy statement
• Duties of directors, officers, lawyers, accountants, and others subject to SEC proxy and disclosure rules.

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  20101008
10/5/2010
Show Description
The controversy over elite athletes using anabolic steroids, growth hormone, and other performance enhancing drugs largely overlooks three crucial issues. First is the context of athletic competition, the forces that press athletes to consider using drugs, and the nearly universal desire among athletes for a level playing field. Second is the far larger community of amateur athletes including tens of millions of young people. Third are a set of disputes over the meanings of key concepts in sport: What is a level playing field and is it achievable or even desirable? What constitutes fairness in sport? Why does sport accept, even need, seemingly arbitrary limits on equipment and other rules? And, finally, what makes sport worthwhile, a meaningful human endeavor: In other words, why do we play?

Dr. Murray will take on issues of fairness and justice; social policy ideas like harm reduction strategies in drug policy; reflections on liberty, paternalism, and public health; off-label and non-therapeutic drug use, including use supervised or promoted by physicians.

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  20101005
10/4/2010
Show Description
Supreme Court affirmative action cases can be divided into two categories. First are those cases in which race-conscious government action provides a material benefit or preference to members of a minority group (e.g., Adarand and Grutter). Second are those cases where the government takes race-conscious action without causing any concrete disadvantage to non-minorities (e.g., Shaw v. Reno, Parents Involved). Under the Courts current Equal Protection doctrine, both categories of cases are presumptively unconstitutional because they both violate the principle of colorblindness.

The colorblindness doctrine is best understood as implicitly holding that non-disadvantaging affirmative action constitutes an expressive harm. This article will expand upon the existing scholarship by arguing that functionally, the Court has come to view race-conscious, non-disadvantaging government action as a form of prohibited government speech. In essence, the Court has decided that when the government takes such action, it is sending an unconstitutional message that race still matters in our society. Under the government speech doctrine, however, the government is free to express its own message provided it does not restrict or compel private speech. The fact that members of the Court disagree with this message does not make it unconstitutional.

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  20101004
10/2/2010
Show Description
In his talk, Amos Guiora will discuss the topic of his book, Freedom from Religion. In his book, Prof. Guiora invites policy-makers and concerned citizens to consider an unusual technique for curtailing the threat of new terrorist attacks: curtailing religious freedom. He argues that Western and Middle Eastern tolerance of religious extremism has led to the current security crisis that our world now faces. By exploring the different policies and challenges arising in five countries (the U.S., The UK, the Netherlands, Turkey, and Israel), Prof. Guiora adds a novel argument to the global debate on religion�s relationship to terror.

The lecture will examine whether First Amendment rights to freedom of speech and freedom of religion should be rearticulated. The issues and ideas presented bear directly on cases involving questions of speech and religion.

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  20101002
9/29/2010
Show Description
Barbara Berman is the widow of Dr. Jack H. Berman, a long time Associate Clinical Professor at the Case Western Reserve University School of Medicine. As Dr. Berman approached what he knew was the end of his life, he gave a lecture about his experiences as a patient to some first and second year medical students.

His very informal presentation, “The Oncologist as the Oncology Patient,” was videotaped. Because he intended to give medical students more understanding of how their patients might experience being on the other side of the desk, Mrs. Berman made it available after he died of pancreatic cancer 2-1/2 months later. For more than seven years, she has continued to share it, and comments from her special perspective, with professionals and the public who are concerned with end of life quality issues.

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    20100929
9/10/2010
Show Description
“Our Strength as a nation state will continue to be challenged by those who employ a strategy of the weak using international fora, judicial processes, and terrorism.”
- Department of Defense, The National Defense Strategy of the United States of America (2005)

“‘We face three major strategic challenges,’ Prime Minister Benjamin Netanyahu said recently. ‘The Iranian nuclear program, rockets aimed at our civilians and Goldstone.’”
- New York Times, January 23, 2010


Please join us for the first major academic symposia dedicated to exploring the concept of “Lawfare.” Traditionally “Lawfare” was defined as “a strategy of using—or misusing—law as a substitute for traditional military means to achieve an operational objective.” But lately, commentators and governments have applied the concept to International Criminal Tribunals, the defense counsel’s tactics challenging the detention of al Qaeda suspects in Guantanamo Bay and, as indicated in the quote above, to the controversial Goldstone Commission Report. This Conference and Experts Meeting, featuring two-dozen leading academics, practitioners, and former government officials from all sides of the political spectrum, will examine the usefulness and appropriate application of the “Lawfare” concept.

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  20100910
6/15/2010
Show Description
Professor Ku will discuss, three cases with significant implications for the right of privacy to be considered by the U.S. Supreme Court in the 2010-2011 term. In City of Ontario v. Quon, the Court will consider the privacy rights of public employees with regard to text messages. In NASA v Nelson, the Court will consider the constitutional right to informational privacy regarding the scope of questions asked as part of an employment background check, and in Doe v Reed, the Court will consider whether First Amendment prevents the disclosure of the names of individuals who signed petitions to amend the California state constitution.

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    20100615
5/7/2010
Show Description
Ohio recently experienced a very public problem with the state’s method of execution. As a result, Ohio adopted a new, single drug method of execution. There is ongoing litigation over this new method, which has resulted in some debate about the role of physicians and other health care professionals in carrying out executions. Physicians and other health care workers will face legal issues as well as issues surrounding the status of their licenses under state law.

This CLE program will address the legal, licensing, and regulatory issues of physicians and other health care workers participating in Ohio’s lethal injection process. Ohio attorneys advising and representing physicians and other health care workers may be called upon to provide legal counsel for health care workers voluntarily or involuntarily brought into Ohio’s capital punishment system. This CLE program will outline and address some of those issues.

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    20100507
4/22/2010
Show Description
When handing down the recent U.S. Supreme Court decision in Citizens United v. Federal Election Commission, the majority criticized the chilling effect on First Amendment speech of complex, uncertain rules. The Internal Revenue Service uses a vague "facts and circumstances" approach to judge when a nonprofit organization engages in political campaign activity. Based on 30 years of experience wrestling with this problem, Mr. Colvin proposes a thorough reform of the federal tax law definition of political activity, with safe harbors, bright lines, and above all, simplicity and ease of understanding.

The biennial Norman A. Sugarman Memorial Lecture in Nonprofit Law is funded by gifts from Mr. Sugarman's law firm, Baker & Hostetler, LLP, its partners, and others to honor his memory and to continue his efforts on behalf of the philanthropic sector.

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    20100422
4/12/2010
Show Description
The nuclear threat, now in its seventh decade, is still a pressing issue. Jonathan Schell will discuss the nuclear question, especially President Obama's commitment to full nuclear disarmament, in the context of all the current negotiations and talks, from the nuclear posture review to the Nuclear Nonproliferation Treaty Review conference in May.

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  20100412
4/8/2010
Show Description
As the world emerges from the economic crisis, its two largest trading partners — Canada and the United States—strive for sustained economy recovery. President Obama and Prime Minister Harper recently observed that the road to recovery requires a thorough examination of the Canada-US regulatory environment. Indeed, Canada-US regulatory policies often are described as “ships passing in the night” or “a game of leap frog.” On the one hand, the two countries’ differing approaches to regulation in areas such as the financial sector can provide lessons for avoiding future crises and promoting stability. On the other hand, the countries’ regulatory differences can lead to competing, conflicting, and unnecessary processes that add costs to businesses, diminish economic competitiveness, and prevent job creation.

The Canada-US Law Institute (CUSLI) annual conference will explore the Canada-US regulatory environment and identify opportunities to eliminate costly regulatory burdens. The conference will examine a number of key sectors and areas — manufacturing & autos, energy, agriculture & food, intellectual property, and taxation — and couple these findings with CUSLI’s ongoing work regarding climate change, border security, and international trade policy. Ultimately, CUSLI will issue a report to the respective governments that will respond to the leaders’ call to identify areas that “reduce unnecessary regulatory differences . . . by building on previous efforts, developing focused priorities and a specific timeline.” (Joint Statement by North American Leaders, Guadalajara, August 2009).

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    20100408
4/8/2010
Show Description
As the world emerges from the economic crisis, its two largest trading partners — Canada and the United States—strive for sustained economy recovery. President Obama and Prime Minister Harper recently observed that the road to recovery requires a thorough examination of the Canada-US regulatory environment. Indeed, Canada-US regulatory policies often are described as “ships passing in the night” or “a game of leap frog.” On the one hand, the two countries’ differing approaches to regulation in areas such as the financial sector can provide lessons for avoiding future crises and promoting stability. On the other hand, the countries’ regulatory differences can lead to competing, conflicting, and unnecessary processes that add costs to businesses, diminish economic competitiveness, and prevent job creation.

The Canada-US Law Institute (CUSLI) annual conference will explore the Canada-US regulatory environment and identify opportunities to eliminate costly regulatory burdens. The conference will examine a number of key sectors and areas — manufacturing & autos, energy, agriculture & food, intellectual property, and taxation — and couple these findings with CUSLI’s ongoing work regarding climate change, border security, and international trade policy. Ultimately, CUSLI will issue a report to the respective governments that will respond to the leaders’ call to identify areas that “reduce unnecessary regulatory differences . . . by building on previous efforts, developing focused priorities and a specific timeline.” (Joint Statement by North American Leaders, Guadalajara, August 2009).

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    20100408
4/7/2010
Show Description
The decades since the Second World War have been the ‘Age of Human Rights’ and it is one of the proudest achievements of international law that this development has placed the rights and well-being of the individual at the heart of international law and relations in a way which would have been inconceivable not long ago. Yet within international law, human rights law is not alone in having the welfare of the individual as its priority; international humanitarian law has long sought to protect the individual from the worst excesses of war. Are these two bodies of law mutually exclusive ? Do they conflict or are they capable of of playing complementary roles ? Judge Greenwood will draw on his experience both as an academic and a practitioner in addressing these questions.

The recent conflicts in Afghanistan and Iraq, the former Yugoslavia and Sri Lanka, the threat posed by international terrorism and the challenges of reconciling the UN Security Council’s responsibility for international peace and security with modern human rights and humanitarian norms have made this subject one of great practical importance. It goes to the heart of some of the challenges facing courts in all the main jurisdictions today.

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  20100407
4/5/2010
Show Description
* What is the definition of avoidance?
* Would principles based drafting help our tax legislation?
* It is possible to arrange your affairs to avoid paying the maximum tax, but you may not abuse the purpose of tax statutes
* Although the United Kingdom does not have a General Anti-Avoidance Rule (GAAR), there is avoidance legislation (the Institute of Fiscal Studies (IFS) Tax Law Review Committee has just published a review of UK avoidance legislation since 2000: www.ifs.org.uk)
* There is also avoidance in situations other than taxation, for example in "hire purchase" (rent to own) situations or in a particular property law case where a landowner built a path to go around a toll gate in order to avoid paying the toll.

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  20100405
3/23/2010
Show Description
Every year, thousands of foreign agents enter the U.S. to steal and destroy valuable national assets. They raid the Pentagon, the CIA, and other government agencies and lift sensitive classified information. They attack American corporations and take or destroy hundreds of millions of dollars (and likely much more) worth of data or intellectual property. They contact CEOs and credibly threaten to destroy their businesses unless the CEOs meet their extortionate demands. And the agents plant devices inside government and corporate headquarters, and in critical infrastructure systems like electrical grids and power plants, that allow them to monitor activities in these places. These devices may also have destructive capabilities that can be triggered years later if the foreign agents decide that doing so would be politically or militarily useful, or profitable.

If this were happening before our eyes, the government would declare a national emergency. But it is happening out of public sight, on computers and computer networks. And so most people are not very alarmed. The cyber threat is not, however, invisible to the government. And the government is very alarmed. As he was leaving office in January, Bush administration Director of National Intelligence Michael McConnell placed two items at the top of his list of national security worries: Iran’s nuclear weapons ambitions and a cyber attack on critical government and private computer networks. “A coordinated attack from a remote location by a small group on our electric grid, transportation network and banking system,” said McConnell a few months later, “could create damage as potentially great as a nuclear weapon over time.” President Obama, not usually prone to overstatement, seems to agree. “This cyber threat is one of the most serious economic and national security challenges we face as a nation,” he declared in May. “From now on,” the President pledged, “our digital infrastructure – the networks and computers we depend on every day – will be treated as a strategic national asset” and the protection of this infrastructure “will be a national security priority.”

In his lecture, Jack Goldsmith will describe the cyber threat, explain why it is so serious, and argue that it requires us to rethink many core assumptions about crime, war, constitutional law, and international law and politics.

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  20100323
3/18/2010
Show Description
The Federal Trade Commission (FTC) is a domestic agency with an expanding role in the formulation of international policies concerning competition and consumer protection. An increasing amount of commerce within the FTC’s competition policy and consumer protection jurisdiction involves cross border transactions and is subject to scrutiny by numerous competition and consumer protection agencies overseas. The content and quality of enforcement programs and related decisions taken by foreign authorities in matters such as merger control and privacy exert ever greater influence on the U.S. market and the conduct of American firms.

The increasing interdependence between U.S. and foreign regulatory policy has demanded that U.S. competition and consumer protection authorities engage themselves more extensively in international affairs. This has required a significant adjustment in the orientation and perspective of the FTC. This presentation addresses the modern transformation of the FTC’s international programs and emphasizes their importance to the fulfillment of the Commission’s traditional competition and consumer protection responsibilities. It focuses on the importance of investments in intellectual leadership as means of exercising global influence in an environment that features over 105 jurisdictions with competition laws and a larger number of countries with consumer protection regimes. The presentation suggests what U.S. agencies must do if they are to have a major hand in setting international standards for competition policy and consumer protection.

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  20100318
3/16/2010
Show Description
Pulitzer Prize winning journalist Roy Gutman will discuss the challenges of bringing the rule of law to Afghanistan. The event is co-sponsored by the Case Western Reserve University School of Law and the Greater Cleveland International Lawyers Group. Mr. Gutman has just returned from a two-month posting in Afghanistan, where he wrote articles about the legality of targeted killing by U.S. Predator Drones, peace talks with Afghan insurgents, the internal political struggles in the Afghan government, and President Obama’s Afghan strategy.

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    20100316
2/5/2010
Show Description
This seminar will focus on key issues for attorneys who are thinking about establishing their own practice in Ohio and for attorneys who are already practicing in a solo or small firm setting. The seminar will address broad topics such as the challenges of competing with large law firms and the concept of functioning as a general practice attorney. At the same time, attendees will learn necessary nuts and bolts for functioning as a small practice in Ohio, including tax obligations, practice management, financing, and technology. Speakers who will lead the discussions all have experience at solo and small practices, most within the state of Ohio. Carolyn Elefant, author of "Solo by Choice: How to Be the Lawyer You Always Wanted to Be" will speak on both days.

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    20100205
2/2/2010
Show Description
NOTE: NOT a CLE event.
Lawyers from Thailand, Libya, Venezuela, and China, who are studying in the LL.M. in U.S. & Global Legal Studies Program here at Case Western Reserve University School of Law, will describe the legal systems in their home countries.

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    20100202
1/22/2010
  20100122
1/21/2010
Show Description
NOTE: NOT a CLE event.
Dr. Cowan will discuss how the rights of terminally ill patients may be affected by federal and state laws, which affect Advance Directives. Individuals create Advance Directives to indicate how they wish to be treated if they should become mentally or physically incapacitated. In addition, federal and U.S. Supreme Court decisions may affect patient autonomy, the role and rights of decisionmakers and caretakers for incapacitated individuals, and the role and authority of States to direct such care.

He will also examine legal decisions affecting physician-assisted suicide / patient-directed death and access by terminally ill patients to drugs not approved by the Food & Drug Administration (FDA) for general use.

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    20100121
11/19/2009
Show Description
Agreements requiring employees to arbitrate all disputes with their employers, including statutory claims, instead of taking them to court, have become highly controversial. As a condition of getting or keeping a job, employees must waive their right to go before a judge and jury to pursue their cases. Yet in addition to saving the employer high litigation costs and devastating jury awards, so-called mandatory arbitration may give ordinary lower-paid employees the only practical means of enforcing their job rights. Courts are increasingly insisting on due process safeguards in these systems. Practitioners in the employment field should know about the pros and cons of mandatory arbitration agreements, and about the fast-moving legal developments concerning their validity.

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  20091119
11/17/2009
  20091117
11/13/2009
Show Description
Thursday, November 12, 2009
Opening Lecture - 4:30 - 5:30 p.m.
"Champagne and the Doha Round: A Solution to the International Impasse on Geographical Indications"


Daniel GervaisSpeaker: Professor Daniel Gervais
Director, Technology & Entertainment Law Program
Vanderbilt University Law School

Friday, November 13, 2009
Full-Day of Panels - 8:45 a.m. - 5:30 p.m.


It is difficult to avoid Internet domain names. Everyone who engages in commerce, social life, gaming, political commentary, or education is likely to deal regularly with the Internet and the domain name system. Many would assume that the system for allocating domain names to businesses, educational institutions, politicians, and private individuals is some form of government enterprise coordinated by either the U.S. government, or a consortium of international governments.

In fact, the body responsible for administering and maintaining the domain name system is a private entity known as the Internet Corporation for Assigned Names and Numbers – ICANN. ICANN has the difficult task of dealing with the technological structures underlying the domain name system, but also attempting to develop policies to accommodate the various competing needs of entities utilizing the Internet. This is an unenviable task that implicates matters including the protection of intellectual property rights in a global online world, the promotion of free speech, access to information, privacy, and many other issues.

This symposium draws together a group of speakers who have been involved with ICANN and who have commented on ICANN’s various processes over the last decade or so. They will address legal, policy, commercial, practical, and technological issues that have arisen, and continue to arise, as the domain name system develops.

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  20091113
11/10/2009
Show Description
U.S. policy perceptions of Iraq have migrated from confidence that a post-invasion Iraq could be quickly revived, to convictions that Iraqis were ungovernable, and now to beliefs that “the surge worked.” Along the way, one heard that if only Washington had better political commitment to Iraq or smarter management in Baghdad, the situation would improve. Throughout this debate, the economic and political reality of Iraq made little appearance. This project examines changes in Iraq’s political economy before and after 2003. Since 2003, Iraq’s economy has matured into what can be termed a war economy. This means party-connected militias and various sub-state actors, not central political authorities, control whole sectors of the domestic economy, including oil smuggling and import supply chains. Similar to other cases of civil conflict, combatants use violence to enforce monopolistic control over economic assets, while monopoly profits support the means of violence. Criticisms of political commitment or occupation management miss the point that conditions of economic fragmentation, corruption, and general underdevelopment were well established before the invasion. In many ways, the American occupation of Iraq has come to accommodate the very conditions that it was advertized to reform.

The case of Iraq is representative of a larger set of American efforts at nation-state building. Beginning with the reconstruction period after the Civil War, the U.S. has attempted state and nation building in a number of settings. Yet while advocates of American intervention hail the success of Japan and Germany after WWII, they ignore the far larger number of failures. The problem of American intervention and occupation in cases like Iraq is not the failure of follow through or getting the right counterinsurgency tactics, but the assumption that foreign occupation can trump patterns of local authority.

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  20091110
11/7/2009
Show Description
Dr. Emanuel will discuss what the probable future of the physician patient relationship will be. He will consider the barriers to improved physician-patient relationships and examine how these improved relationships will impact health care quality and costs.

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    20091107
10/23/2009
Show Description
Thursday, October 22, 2009
Film 4:30-7:30 p.m.

"The Lives of Others" (Das Leben der Anderen)

Mary Beth SteinIntroduction by: Mary Beth Stein
Associate Professor of German and International Studies
George Washington University

Friday, October 23, 2009
Full-Day of Panels 9:00 a.m. - 4:00 p.m.


We live in an age of pervasive surveillance that tests traditional understandings of the right to privacy and of Fourth Amendment limitations on government intrusion into our private lives. One obvious impetus for this trend is the heightened sense of insecurity that we feel since September 11, 2001, which has caused us to rethink the proper balance between liberty and security.

National security concerns are not the only forces that have driven increased surveillance. For example, government oversight of eligibility for such entitlements as Medicaid, food stamps, and student loans has produced more efficient and pervasive data collection in recent years. Law enforcement has also availed itself of new surveillance technologies and techniques. Coupled with the growing demand for information, technological innovation at an ever increasing pace greatly enhances the ability of governments and private actors to collect, store, and use personal information in ways that were not contemplated by the framers.

This multi-disciplinary symposium brings together leading scholars and practitioners to explore a number of issues that arise for lawyers and policy makers out of the increasing impetus toward surveillance. Panels will examine: surveillance in public spaces and CCTV (closed circuit television); FISA and FISA reform; the globalization of surveillance; and legal and extralegal resistance to surveillance.

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  20091023
10/15/2009
Show Description
“You can have brilliant ideas, but if you can’t get them across, your ideas won’t get you anywhere…” —Lee Iacocca

You may need Sun Tzu’s The Art of War to understand how to defeat your enemies. But if you would prefer to win them over, you need to know the principles embodied in G. Richard Shell’s The Art of Woo. In this lecture, Professor Shell will be discussing how to be more persuasive with clients, colleagues, juries, and even spouses.

As director of both Wharton’s Executive Negotiation Workshop and its Program on Strategic Persuasion, Prof. Shell has conducted extensive research into what it takes to deal with difficult bosses, impossible clients, and complex organizations. He has advised literally thousands of executives and nonprofit managers, including the leaders of the FBI’s crisis negotiation unit and presidents of major universities, overcome challenges like these.

As part of his research he has also studied the lives of the greatest persuaders in history – from Abraham Lincoln, John D. Rockefeller, Jr. and Andrew Carnegie to Andy Grove, Sam Walton, and Bono – to learn their best practices. By combining these lessons from history with the latest research on effective communication and interpersonal influence, he has developed a systematic, repeatable strategy for putting your ideas across. His lecture, illustrated with compelling, real-life video examples, will illustrate the five main barriers to effective influence and show concrete steps you can take to overcome each one.

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    20091015
10/7/2009
Show Description
In his lecture, Robert P. Merges will revisit the idea of property rights over intellectual creations. He will begin with philosophical foundations, and then looks at contemporary debates over the continuing viability and future direction of this body of law. He will emphasize how Intellectual Property rights permit people to earn a living from their creative works, and explain why this matters. He will also discuss how the law can and must square two competing ideas: the right of an individual to exercise control over his or her creative works, and the interests of third parties, broadly conceived, whose needs justify limits on and intrusions into the protected sphere of Intellectual Property rights.

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  20091007
9/24/2009
Show Description
Government grows. It grows as the economy grows; it grows as the economy shrinks; it grows by leaps and bounds in any kind of emergency. Government programs grow when they succeed; often they grow even more when they fail. Compared to government spending, which is tracked and debated through the fiscal budget, government regulatory programs are less transparent and accountable, and often their effects are less well-understood.

The Office of Information and Regulatory Affairs (OIRA) is charged with overseeing regulatory activity, and understanding regulations’ effects. From its position in the White House Office of Management and Budget, OIRA has reviewed the executive branch’s regulatory, information and statistical policy activities since its establishment in 1981. OIRA’s authorities have grown and changed with different presidencies, but its overarching goal – to evaluate new regulatory and information collection mandates to determine whether they make the public better off – has withstood the test of time. While expressing support for the office’s function, President Obama has indicated that he may modify its responsibilities.

Susan E. Dudley, an expert on government regulation and its effects, will share her insight on how the federal regulatory process does – and does not – operate, how federal regulations proceed through the process of centralized Executive Branch review, and offer her thoughts on how the federal regulatory process may change in the future. Her talk will give lawyers new perspective on the federal regulatory process and its potential effects on private sector economic activity.

Susan E. Dudley served as OIRA Administrator from April 2007 to January 2009, and also on the professional staff in the 1980s.

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  20090924
9/23/2009
Show Description
Professor Fellman will examine the standard justifications for war and show how each is lacking. War is a social invention and can be succeeded by peace, which is another social invention. He will discuss three reasons—two of them structural and one social psychological—that war persists in this era.

- One is the gains it means for those sectors of the economy that profit from selling the implements of war, servicing the war machine once it is in place, and reconstructing what has been destroyed in war.

- Second is the pervasiveness of normative masculinity (which he calls "traditional masculinity"). He claims that the warrior is the quintessence and culmination of the qualities of normative masculinity and try to show some of the contradictions and hidden problems there. He suggests how normative masculinity can be reconceived and reconstructed to value avoiding war above making war.

- The third element of the argument is social psychological. Anger is inadequately studied as a major problem in human affairs. It is likely that all societies redirect anger away from its real sources (in family, relationships, work, government, etc.) to substitute objects. Creating enemies and making war upon them is perhaps the most dramatic of these practices.

Prof. Fellman will then make a series of recommendations for how to move past war.

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  20090923
9/17/2009
Show Description
Sister Helen is a southern storyteller. She will bring the audience on her journey - how she got involved in the death penalty, how her book, Dead Man Walking, became a movie, a play, and an opera. She will explain how those who attend the lecture can become involved in this issue, if they would like to.

Sr. Helen will discuss the universal concerns of justice, the morality of the death penalty, the injustice that occurs in death penalty cases, and the effort to strike a balance between recognizing the rights of the defendant and being aware of and sensitive to the impact of the crime on victims, their families, and society.

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  20090917
9/11/2009
Show Description
On April 11, 2007, actor Alec Baldwin was taped using highly derogatory language toward his then 11- year- old daughter. After much nationwide publicity about the incident, mostly negative, he published a co-authored book, “ A Promise to Ourselves: A Journey through Fatherhood and Divorce,” in which he alleges he was driven to speak to his daughter this way by his ex-wife, Kim Basinger, because she had “alienated” his daughter from him. He devotes 20 pages to the now discredited “Parental Alienation Syndrome” (PAS).

In this presentation, Judge Gothard will first give a brief history of the Baldwin/Basinger case, leading up to the now infamous remarks. Judge Gothard will show how child abuse perpetrators often use the media, politicians, and particularly the courts to shift the paradigm so that they are now perceived as the victims, and the focus becomes the “alienating” parent, all too often causing the original complaint(s) of child abuse or neglect, to be ignored.

This is often done by “High Conflict People,” especially in contested cases of custody and/or visitation. Contributing to this misuse of the court system is the discredited “Parental Alienation Syndrome,” problems with the Guardian Ad Litem system; “punishment” for reporting abuse; problems with Judges, unwarranted psychological and/or social work evaluations, court appointed “experts” and other issues.

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    20090911
9/11/2009
Show Description
In January 2009, President Obama signed an executive order banning torture and calling for the closure of the Guantanamo Bay detention facility within a year. Authorities must now decide what to do about the detainees at Guantanamo Bay as well as the former officials behind the torture policies and memos. In this unique day-long conference, two dozen of the world’s leading experts participating in four roundtable discussions will examine such questions as: Who must be released from U.S. detention? Where should they be sent? Where should the remaining detainees be held? What procedures should govern their continued detention? Which of the remaining detainees should face trial? What form of trial should be used? And should the architects of the U.S. torture policies and memos face justice?

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  20090911
9/9/2009
Show Description
Henry T. King Jr.Henry T. King, Jr.
1919-2009

Henry King practiced law in New York with Milbank, Tweed & Hope, served as a Nuremberg war crimes prosecutor, and then had a long and distinguished career as a corporate counsel, which included more than 20 years with TRW Inc. as chief corporate international counsel. At Case Western Reserve University, he taught International Arbitration and was U.S. director and chair of the Canada-U.S. Law Institute. A former chairman of the American Bar Association's Section of International Law and Practice, he served on the ABA's special task force on war crimes in the former Yugoslavia and was the U.S. chairman of a joint working group, organized by the American, Canadian, and Mexican bar associations, on the settlement of international disputes. Prof. King published a book on Albert Speer, one of the Nuremberg defendants, The Two Worlds of Albert Speer. The University of Pittsburgh, School of Law named Prof. King a Fellow honoris causa of the Center for International Legal Education on March 9, 2002. On June 4, 2002, he was awarded an honorary degree of Doctor of Civil Laws by the University of Western Ontario. Prof. King was a guest of the government of The Netherlands on March 11, 2003, for the inauguration of the International Criminal Court at The Hague. He was Senior Advisor to the Robert Jackson Center at Jamestown, New York.

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  20090909
9/2/2009
Show Description
This seminar will feature a multimedia presentation by independent musician, arts activist and “citizen lobbyist” Mark Hosler from Ashville, North Carolina.
For the past 29 years Mr. Hosler and his band Negativland have been creating records, CDs, video, fine art, books, radio and live performance using appropriated sound, image and text. Mixing original materials and original music with things taken from corporately owned mass culture and the world around them, Negativland re-arranges these found bits and pieces to make them say and suggest things that they never intended to. In doing this kind of cultural archaeology and "culture jamming" (a term they coined in 1984), Negativland have been sued twice for copyright infringement. Mr. Hosler has also acted as a “citizen lobbyist” on Capitol Hill, and worked closely with Creative Commons to create one of their intellectual property licenses, Sampling Plus

Mr. Hosler will present approximately an hour surrounding his views and experiences on intellectual property issues in art and music, transformative art, and his legal battles to protect his rights as an artist under fair use. He will discuss Creative Commons as an alternative to the current copyright and licensing systems. Creative Commons promotes a richer and larger public domain by providing an alternative to the automatic "all rights reserved" copyright that currently exists.

Mr. Hosler’s presentation will then be analyzed and discussed for approximately one and one half hours by Peter Friedman and Sharon Toerek, giving two legal points of view on many of the same issues surrounding IP and the arts. Mr. Friedman and Ms. Toerek will compare the Creative Commons model to the traditional copyright and licensing models and discuss its pros and cons in today's information age. They will discuss legal challenges to Creative Commons licenses and analyze their enforceability under the copyright laws of the United States and other countries. Ms. Toerek will speak specifically to how she counsels her own clients on IP and copyright issues, and her advice as to how to avoid some of the issues Mr. Hosler has faced in his arts career.

Mr. Friedman, in contrast to Ms. Toerek’s approach to counseling, will focus more on the ways new technologies are stretching existing copyright law (founded upon a different technological base) and the ways the courts and legislature have and have not found ways of dealing with these tensions. Mr. Friedman will also present a pro-artist viewpoint, but balanced with the legal reality. His topics will include
• Copyright and fair use in the age of digital information
• Remix and collage (the transformative use of copyrighted materials)
• The relationship between the evolution of law and the evolution of the material circumstances that give rise to the law.

Considering the revolution in information technology we are living through, it is clear there is a corresponding revolution going on in law practice regarding intellectual property. The current legal battles and the diverse points of view being expressed in all media make clear that any consensus on the outcome of this revolution lies far in the future. Accordingly, familiarity with this diversity is critical to lawyers practicing in intellectual property and in fact will likely affect many other areas of law.

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    20090902
9/2/2009
Show Description
2009-2010 Recipient - Frederick K. Cox International Humanitarian Award for Advancing Global Justice
Judge Pillay is this year’s recipient of the Cox Center International Humanitarian Award for Advancing Global Justice. Established in 2003, it has been awarded to the Hon. Philippe Kirsch, President, International Criminal Court; Amb. Hans Corell, U.N. Under-Secretary-General for Legal Affairs; Judge Thomas Buergenthal, International Court of Justice; Luis Moreno-Ocampo, Prosecutor, International Criminal Court; and Robert Petit, International Prosecutor, Khmer Rouge Tribunal/Extraordinary Chambers in the Courts of Cambodia.

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  20090902
8/20/2009
Show Description
This lecture will introduce the concept of the moral rights of the author, a special branch of copyright law dealing with the artistic, personal, and cultural interests implicated in copyright works. The session will seek to familiarize authors with the approach to moral rights in the United States and major international jurisdictions, including the European Union and United Kingdom, Canada, and India. Moral rights are an area of growing international importance, and there is a strong probability that moral rights claims and concerns will become increasingly common in an era of expanding digital technology. This seminar will help lawyers to identify moral rights issues in their practices, and to present effective arguments on moral rights claims, based on national and international copyright laws.

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  20090820
6/1/2009
Show Description
This intensive five-day course (8:45 a.m. - 2:30 p.m.) on the Fundamentals of Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) is an in-depth examination of the problem of money laundering and terrorism financing and the prevention, detection, and prosecution of those crimes.

The course includes a detailed examination of the Financial Action Task Force’s 40 + 9 Recommendations on AML/CFT, relevant U.S. laws/rules, and examples from China. While all aspects of AML/CFT will be examined, the course focuses on preventive measures as they relate to regulated financial institutions. The fifth day of the course is a preparation seminar for the Certified Anti-Money Laundering Specialist (CAMS) examination, the leading certification in the field of AML/CFT.

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    20090601
4/17/2009
Show Description
REGISTRATION DEADLINE EXTENDED to 4.16.09
Symposium speakers will examine the question of private vs. public ownership -- if and how it affects corporations, shareholders, and markets.

The Symposium will address a wide range of issues in the corporate and securities field, including: Shareholder voting, SEC proxy rules on shareholder voting and shareholder proposals; the role of proxy advisory services; the validity of shareholder initiatives in corporate governance; the role of hedge funds and sovereign wealth funds in corporate governance; the role of tender offers and defenses against tender offers (including staggered boards and poison pills); the propriety of current levels of executive compensation, the effectiveness of various elements of executive compensation as appropriate incentives, the role of shareholders in approving executive compensation; and the effects of devices that separate voting rights from the economic interests of common stock ownership.

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  20090417
4/10/2009
Show Description
REGISTRATION DEADLINE EXTENDED to 4.9.09
This symposium will integrate theory and legal practice in the area of forgiveness and reconciliation.

• The first panel features theorists who will discuss forgiveness and apology from the philosophical and social science perspectives.

• In the second panel, legal scholars will discuss forgiveness in the context of family law, with an emphasis on healing divorce; and therapeutic jurisprudence, moving from adversarialism to greater mutuality in the practice of law. In addition, an activist who promotes full disclosure in medical malpractice cases will speak about the actual and potential impact of his organization's approach on health care costs.

• Keynoter Jens Meierhenrich (Harvard) will share insights from his recent book, The Legacies of Law (Cambridge 2008) on the function of legal norms and institutions in the transition to and from apartheid in South Africa.

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  20090410
4/8/2009
Show Description
A great deal has been written and said about the extent to which the Roberts Court is a "business court," that is, a court that is favorably disposed towards business interests. The lecture will look at both the business cases on this year's docket as well as broader trends in the Court's jurisprudence. The lecture will attempt to get beyond broad, and not terribly meaningful, labels, such as pro- or anti-business, and examine the underlying trends in the Court's handling of cases. Although general labels are not particularly illuminating, some clear trends emerge, such as the Court's skepticism to the claims of antitrust plaintiffs in those cases that have reached the Court for plenary review.

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  20090408
3/19/2009
Show Description
Imagine not being able to read the latest on Salon.com, express yourself on websites like UrbanDictionary.com, or get information on sexual health.

In 2000, the ACLU challenged the Child Online Protection Act (COPA), a piece of legislation making it illegal to distribute content on the Internet acknowledged as protected speech for adults but deemed “harmful to minors,” including the web content mentioned above. If implemented, COPA would have imposed harsh criminal sanctions, such as huge fines and prison time.

In January 2009, the U.S. Supreme Court announced that it will not hear the government’s appeal of COPA, officially ending the 10-year legal battle. In his talk, Chris Hansen will share his experience challenging COPA and other Internet censorship efforts.

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  20090319
3/4/2009
Show Description
Professor Arthurs will discuss how the disappearance of labor as a collective presence in the workplace, as a sociological category, as a political force and as a domain of public policy may come to influence the practices and even the very existence of labor law as a field of professional interest and academic scholarship.

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  20090304
2/25/2009
Show Description
We are familiar with the role of mediation and arbitration in resolving workplace disputes in the unionized sector, but that represents only 10 percent of the workforce. Are there, or should there be comparable protections for the remaining 100,000,000 workers?

This issue is not unique to the United States. Governments and private employers around the world have experimented with a variety of employment dispute resolution procedures, some with more success than others. Prof. Zack will look at what has been created, in places as diverse as South Africa, Cambodia and China, and discuss concepts to be considered when developing such procedures.

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  20090225
2/23/2009
Show Description
In recent years, the law has been asked to respond to a variety of disputes involving accessibility of information and related technical standards and practices. These disputes cover the waterfront from the design of proprietary media players to network neutrality to privacy protection for search queries. So far, the law has been unable to generate compelling discourses and principles for evaluating them.

Prof. Cohen will offer another way of thinking about issues of accessibility and unauthorized access. The reference point for this exercise will not be innovation, competition or expressive freedom, but rather the concept of “everyday practice,” a term intended to encompass all of the ways in which situated users experience and interact with networked information technologies and the purposes for which they do so.

Attention to the demands of everyday practice suggests that the law should shelter hacking and tinkering in many instances, and explains why those activities are valuable both intrinsically and instrumentally. But altering the law to privilege technical self-help is not a panacea. Prof. Cohen will argue that the law also should pay closer attention to the design of network standards and related “expert” processes.

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  20090223
2/10/2009
Show Description
Why do warriors need a code? Are the laws of war necessary? Are they enough? What can – and what should – motivate combat troops to show restraint in the “fog of war”? These are some of the questions Dr. French will address in her talk, along with related issues such as what returning warriors need and deserve from the society that sent them to war and what can be done to ease warrior transitions back into civilian life. Dr. French will also touch on the question of whether you can separate out questions about the just conduct of war from judgments about whether the war itself is a just endeavor. Is it possible to be an honorable warrior in an unjust cause? (NOTE: This event is NOT for CLE credit.)

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    20090210
1/31/2009
Show Description
In just a few weeks, the long-awaited "Killing Fields Trials" will commence before the United Nations-established Khmer Rouge Tribunal in Cambodia. In light of the scale of the atrocities, the passage of 30 years since they were committed, the hybrid nature of the Tribunal, and the fact that the defense is led by the infamous Jacques Vergès, known for his strategy of trial by disruption -- these will be among the most challenging war crimes cases ever to be tried. Robert Petit will give a preview of the Khmer Rouge trials and discuss the unique challenges they present.

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  20090131
1/30/2009
Show Description
The Case Western Reserve Law Review Symposium will explore the access individuals have had to the courts since the appointment of Chief Justice Roberts to the United States Supreme Court, as well as the future of access issues in what has been called the “Roberts Era.” Keynote speaker Gene Nichol will address emerging trends concerning access to the courts and standing rights. Symposium panelists, who are among the country's leading experts in the field, will examine a wide array of issues critical to an accessible judiciary system.

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  20090130
1/29/2009
Show Description
NOTE: This event is NOT at the law school. It takes place at the Baker-Nord Center, Clark Hall, Rm. 309
Prof. Patty Gerstenblith will discuss museums, the international art market, and cultural repatriation. Recent news stories about the return of antiquities to Italy, including the return of objects from the Cleveland Museum of Art, have brought the topic of cultural repatriation to public attention. These issues are not only relevant for cultural institutions and those who work for and support them, but also for individual collectors and the attorneys who represent them. In her lecture, Prof. Gerstenblith will investigate the issue of repatriation through the lens of the marketplace.

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    20090129
11/19/2008
Show Description
In his talk, Lieutenant Commander Mizer will look at questions of criminal procedure and the protections due to criminal defendants within the current system of Military Commissions, but also in criminal trials generally. He will focus on comparisons between the trial in Quirin and Mr. Hamdan's trial and argue that military commissions still do not afford defendants basic due process. Lt. Comm. Mizer will discuss the problem of balancing security and constitutional liberty in the global war on terrorism.

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  20081119
11/6/2008
Show Description
Geoffrey Robertson will map the future of the fast-growing field of human rights law. Drawing on 30 years of experience as a human rights lawyer in Australia and the UK, and as Appeals judge on the Special Court for Sierra Leone, his presentation will trace recent jurisprudence at the national, regional, and international level. Judge Robertson will discuss strategies for litigating human rights cases against corporations and former foreign government officials, obstacles that stand in the way of success, and future trends.

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  20081106
11/4/2008
Show Description
Professor Caplan will review proposals to increase the supply of organs available for transplant in the U.S. He will also discuss shifts in policy that would permit markets or "default to donation."

Other proposals he will examine include: donor ambulances, using more marginal donors and organs, relying more on living donors, increasing the use of donation after cardiac death, and other ideas. According to Professor Caplan, all of these ideas raise legal and regulatory concerns, some of which may prove to be serious impediments to their implementation.

The lecture will clarify the definition of death and brain death; policies at the Federal level governing organ procurement; how people might be encouraged to be organ and tissue donors; and what sorts of liability exist when a transplant is the source of a communicable disease.

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  20081104
10/29/2008
Show Description
What do we know about the possible poisons industrial technologies put in the air and water? How reliable is the science that federal regulators and legislators use to protect the public from dangerous products and pollutants? Co-authors Professor Wendy Wagner, Case Western Reserve University School of Law, and Professor Thomas O. McGarity, University of Texas, will reveal the range of sophisticated legal and financial tactics political and corporate advocates use to discredit or suppress research, or invent controversy on possible human health hazards.

Using compelling stories drawn entirely from the public record, they will describe the ways many advocates attempt to bend science to reach a convenient outcome or to “spin” inconvenient findings if they become public.

Following the talk, Professor Jonathan Adler, Director of the Center for Business Law and Regulation, will moderate commentary by E. Donald Elliott of Willkie Farr & Gallagher LLP and Duke University Professor Christopher Schroeder.

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  20081029
10/23/2008
Show Description
"The mushroom cloud": Is the unthinkable really possible? Could al Qaeda construct and detonate a nuclear bomb? How close are we to a nuclear Iran, and what does that mean for the current nonproliferation regime? What should the next administration do about it? Join our guests Ambassador Wendy Sherman, recently appointed by Congressional Leadership to serve on the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism, and Dr. Ray Takeyh of the Council on Foreign Relations as they separate myth from reality. Ambassador Sherman will discuss the scope of the threats and what the next president needs to do to protect our security. Dr. Ray Takeyh will explore the challenges of Iran as a case study.

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  20081023
10/16/2008
Show Description
Professor Larson will introduce the rich history of the creation-evolution legal controversy in the United States. The controversy centers on the efforts by some parents and religious organizations to limit the teaching of evolution in American public schools. Scientists, civil liberties groups, and some school administrators and teachers typically oppose these efforts in the name of teaching good science.

The legal battle, however, is fought over the Establishment Clause. The Constitution does not mandate teaching good science, but it is interpreted by the Courts to bar public schools from promoting a religious viewpoint. Larson will explore the history of judicial interpretations of the Establishment Clause as applied to various specific efforts to limit the teaching of evolution in public school over the past century. The legal controversy will be set in its cultural and religious context to give a deeper appreciation of constitutional law and its practical application in everyday disputes over classroom instruction and public-school education.

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  20081016
10/15/2008
Show Description
When faced with drafting a Bill of Rights, members of the First Congress were faced with an impossible problem: what to include and what to leave out. Lockean theory told them that after construction of a social compact, such as the Constitution, the people would retain all rights not relinquished to the state. But what was the legal status of those retained rights, and how would they be affected by the explicit enumeration of some but not all of them?

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  20081015
9/26/2008
Show Description
Sixty years ago, the Nuremberg Tribunal convicted the Nazi leaders of waging a war of aggression, prompting Nuremberg Prosecutor Robert Jackson to declare that this was the most important contribution of the Nuremberg Tribunal. Until the advent of the International Criminal Court, however, none of the modern international tribunals had been given jurisdiction over the crime of aggression. But the ICC Statute stipulates that before the Court can exercise jurisdiction over this crime the States Parties must adopt a provision at the Review Conference (scheduled for 2010) setting forth a definition of aggression and the conditions under which the Court could exercise its jurisdiction over it. The ICC Assembly of State Parties has set up a Special Working Group on the Crime of Aggression, whose work is in progress, but the United States has refused to participate in the proceedings.

In an effort to advance the initiative, Case Western Reserve University’s Frederick K. Cox International law Center and the above named co-sponsors are hosting a symposium and experts meeting, featuring foremost academic and international experts on the topic of the ICC and the Crime of Aggression. The Report of the Experts Meeting, along with articles generated from the symposium, will be published in the spring 2009 issue of the Case Western Journal of International Law, copies of which will be provided to the participants of the ICC Special Working Group and the members of the Assembly of State Parties.

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  20080926
9/24/2008
Show Description
Does culture play a role in the lawyering process? on dispute resolution methods? What exactly is culture? This lecture will address these important questions. Some commentators and practitioners assert that culture is of little or no consequence in dispute resolution, and that it need not be studied. Professor Lee will address, and largely question, such a view. He urges that culture may be a factor in many disputes, quite significant in some situations, and less so in others. Culture is perhaps most pronounced in the international setting, but is also present in the domestic setting. In all events, the failure to recognize cultural norms and differences may lead to missed opportunities in settlement, or an exacerbation of the dispute. Ultimately, participants in the dispute resolution arena – whether parties, counsel, or neutrals – must be aware of the presence and impact of culture, toward facilitating fair settlement.

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    20080924
9/16/2008
Show Description
Drawing on current scientific thinking about the human moral sentiments, this lecture examines new insights into the dynamics of revenge, forgiveness and reconciliation in evolved human nature. From evolutionary psychology and game theory to neuroscience and positive psychology, the last decade has witnessed a major effort to clarify these aspects of being human. A clearer portrait of human nature provides the basis for progress in the practical approaches we take to conflict resolution and peacemaking. Insights from the sciences will be interwoven with philosophical and religious thought to suggest new practical perspectives. The uneasy relationship between revenge and forgiveness in human cultures and traditions of belief will be assessed against this background. Those involved in the day-to-day practice of conflict resolution can expect to enrich their underlying perspectives on the problems and promises of human nature.

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  20080916
5/2/2008
Show Description
Newborn screening began in the 1960’s after physician Robert Guthrie developed a test for PKU, a disorder that can be treated effectively if detected soon after birth. Massachusetts adopted newborn screening on a voluntary basis in 1962, but after President Kennedy’s Advisory Committee on Mental Retardation recommended mandatory screening, states began to require it, and it is now compulsory in all states.

Historically, newborn screening has been done for conditions which, if not treated immediately or at least early in life, can be serious or fatal. But the development of faster and cheaper technologies enable screening for far greater numbers of disorders and now, public health experts are calling for newborns to be screened for non-treatable disorders -- disorders that either are not treatable at all or that can be treated successfully later in life when they show up. Advocates argue it could spare families years of uncertainty once symptoms emerged; alert them to be on the watch for discoveries of treatments; provide children with adjunctive interventions; and facilitate participation in research. But there is a further rationale they offer that is more controversial: it can cause parents to avoid having another child with the same disorder.

This rationale is troubling in that it has eugenic overtones. Screening is mandatory, and the state may impose it on parents over their objection. The Nebraska Supreme Court has even held that parents may not object to screening on religious grounds. Nontreatable disorders would be included in part to discourage parents from giving birth to additional children who might become a burden on society. This is the same excuse that was given in the past to justify forced sterilization programs and other ethically unacceptable practices designed to rid the world of undesirable people.

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    20080502
4/14/2008
Show Description
When the American media published photographs of U.S. soldiers abusing prisoners at Abu Ghraib prison in Iraq, the Bush administration assured the world that the abuse was isolated and that the perpetrators would be held accountable. Over the next four years, it refined its public position at the margins, but by and large its story remained the same. Yes, the administration acknowledged, some soldiers had abused prisoners, but these soldiers were anomalous sadists who had ignored clear orders.

Since 2003, the American Civil Liberties Union (ACLU) has been litigating for records relating to the treatment of prisoners held by the U.S. at Abu Ghraib and other facilities overseas, and the documents it has obtained tell a story that is starkly different from the one that has been told by the Bush administration. Jameel Jaffer, the Director of the ACLU's National Security Project, will talk about the litigation, the documents, and the Bush administration's controversial torture policies.

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  20080414
4/11/2008
Show Description
The Association Internationale de Droit Penal (AIDP) will hold its Preparatory Colloquium for its XVIIIth International Congress of Penal Law at Case Western Reserve University School of Law April 10 - 12, 2008. Organized by an international program committee chaired by School of Law Professor Richard Gordon, the second day will be open to the public, featuring panels on:

  • charities regulation and terrorism financing
  • civil liberties considerations in creating lists of terrorists and terrorist organizations
  • identification by financial institutions of suspicious transactions related to terrorism financing
  • the future of international cooperation in stopping terrorism financing

This Conference is made possible by the generous support of the Yanowitz Family Foundation

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  20080411
4/8/2008
Show Description
Judge Easterbrook will revisit issues relating to corporate law, in particular whether competition between states for corporate charters produces a “race to the top” of corporate law, a long-standing assumption in academic literature.

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  20080408
4/2/2008
  20080402
3/24/2008
    20080324
3/20/2008
Show Description

  • The legal and military history of U.S. bombing since World War II

  • Legality of orders, weapons, armed conflict and the role of public opinion in shaping judicial decisions.

  • The impact of charismatic leaders on military power, the romanticization of air power, and the history of civilian targeting in U.S. warfare.



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  20080320
2/13/2008
Show Description
Global climate change may present the greatest environmental challenge of all time. Despite claims of urgency, there has been little action. Does this represent a failure of environmental politics? Is the current regulatory approach to environmental protection capable of addressing the challenge presented by global warming? Current environmental laws do little to address the threat of climate change. Some analysts argue that new laws are not enough, however. Rather, a new paradigm of environmental protection is necessary that stresses innovation and opportunity, in place of the politics of limits that motivate many of the environmental laws on the books. This is part of the provocative thesis Ted Nordhaus and Michael Shellenberger advance in their book, Break Through: From the Death of Environmentalism to the Politics of Possibility. This event will feature remarks by Nordhaus and Shellenberger, followed by commentary by Professor Jonathan H. Adler and Professor Ted H. Steinberg on the implications of the speakers' thesis for environmental law and policy.

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  20080213
1/31/2008
Show Description
The reluctance of U.S. employers to give job references for former employees, other than dates of hire and job classification, has been widely remarked upon. Employers face a "prisoner's dilemma" – they bear the potential liability of a lawsuit, but derive no benefit from the disclosure. The prevailing solution is to recalibrate the burden of proof in defamation suits brought by former employees against their prior employers who give negative references. Professor Finkin will offer a more aggressive alternative, better to facilitate the distribution of accurate information in the labor market.

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  20080131
1/25/2008
Show Description
The Law Review Symposium is a Two-Day Event:
Friday, January 25, 2008: 11:15 a.m. - 4:00 p.m.
Saturday, January 26, 2008: 10:00 a.m. - 12 noon


Throughout the 2-day symposium, legal scholars and practitioners will examine these questions:

  • When a corporation operates within a community, what general obligations evolve out of that relationship - on the part of the corporation? on the part of the community?
  • To what extent should a community or individuals in that community have stakeholder rights? Should they be able to influence corporate involvement in the community or establish which community related issues the corporation must take into account as it operates?
  • From state and local tax incentives to eminent domain, what are the urban redevelopment issues?



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    20080125
1/23/2008
Show Description
What information about you is available on the Internet? What if it’s wrong, humiliating, or true but regrettable? Will it ever go away?

Teeming with chatrooms, online discussion groups, and blogs, the Internet offers previously unimagined opportunities for personal expression and communication. But there’s a dark side to the story. A trail of information fragments about us is forever preserved on the Internet: a chronicle of our private lives—often of dubious reliability and sometimes totally false—instantly accessible to friends, strangers, dates, employers, neighbors, relatives, and anyone else who cares to look.

Focusing on blogs, Internet communities, cyber mobs, and other current trends, Professor Solove will explore the profound implications of the online collision between free speech and privacy as he offers a fascinating account of how the Internet is transforming gossip, the way we shame others, and our ability to protect our own reputations.

Longstanding notions of privacy need review, and unless we establish a balance among privacy, free speech, and anonymity, we may discover that the freedom of the Internet makes us less free.

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  20080123
1/15/2008
Show Description
One of the world's leading experts in international law, Professor Reisman will criticize the ex-post punishment approach that has been taken toward genocide and mass killing, instead of an ex ante effective policy of prevention. Examing contemporary case studies, including Darfur and Burma, he will discuss how international law and international institutions can be used to identify situations ripe for genocide and to intervene at an early stage before they devolve into mass atrocities.
Past Klatsky lecturers include Pulitzer Prize-winning author and human rights advocate Samantha Power, former Chief Prosecutor of the Yugoslavia War Crimes Tribunal Richard Goldstone, and Executive Director of Human Rights Watch Kenneth Roth.


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  20080115
10/30/2007
Show Description
• After 9/11, how has the explosion of government secrets affected the flow of vital information?
• Why have so many of the intelligence lessons of 9/11 gone unheeded?

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  20071030
10/16/2007
Show Description
Luis Moreno-Ocampo is the 2007 recipient of the Cox Center International Humanitarian Award for Advancing Global Justice

Past recipients of the award, "Cleveland's Nobel," include:

  • ICJ Judge Thomas Buergenthal (2006)
  • International Criminal Court President and Chief Judge Philippe Kirsch (2005)
  • UN Under-Secretary General for Legal Affairs, Hans Corell (2004)


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    20071016
10/9/2007
Show Description
In recent years, Congress has passed an increasing amount of tax legislation that affects the budget for only a limited time ("temporary-effect legislation"). Most analysts have sharply criticized this practice, suggesting it allowed Congress to escape fiscal discipline.

  • Which legislation, "temporary" or "permanent" will facilitate greater fiscal responsibility on the part of the Congress?
  • What are the key factors influencing Congressional budget decision-making?
  • What are the effects of the tax laws they pass?



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  20071009
10/5/2007
Show Description
On October 9, the U.S. Supreme Court will hear Stoneridge Investment Partners v. Scientific-Atlanta, arguably the most important securities law case to reach the Court in a decade. In Stoneridge, the Court will consider whether primary liability under Section 10(b) extends to third-parties, such as auditors, attorneys, or vendors, who engage in allegedly fraudulent transactions with a public corporation.

In Central Bank of Denver v. First Interstate Bank of Denver (1994), a divided Supreme Court rejected claims of secondary liability under Section 10(b). Stoneridge calls upon the court to revisit Central Bank and reconsider the limits on liability for third-parties in securities litigation.

This case is of tremendous importance to all those with a corporate law or securities practice, as well as those who work with financial services or retirement and pension funds. Numerous trade associations and thirty states, including Ohio, have already participated in the case as amici, with more to follow.

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  20071005
10/3/2007
Show Description
For the last quarter-century, the heart of negotiation theory has been that negotiators should emphasize integrative bargaining approaches, known as "problem-solving," "value creating," or "win-win" negotiation, while setting aside tactics that attempt to claim value at the expense of the other negotiator.

  • What are the common tactics for achieving integrative potential in negotiations?
  • What is the potential for gains at the bargaining table, using distributive tactics?
  • How can negotiators choose the most appropriate method for the situation?



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    20071003
9/28/2007
Show Description
Sixty years ago, on June 11, 1947, Raphael Lemkin, working with the U.N. Secretariat legal staff, completed the first draft of the Genocide Convention, launching the intense negotiations that would conclude in the U.N.'s adoption of the Convention in December 1948. Today, the Genocide Convention has 137 parties, and after years of dormancy, it has become an important legal tool in the international effort to end impunity for the worst crime known to humankind. The past year alone has witnessed important cases based on the Genocide Convention before the International Court of Justice, the ad hoc international criminal tribunals, and the domestic courts of several countries. To commemorate the 60th anniversary of the negotiation of the Genocide Convention, the Frederick K. Cox International Law Center is hosting a major international symposium featuring two-dozen of the world's leading academic experts, high-level government officials, and most distinguished jurists and practitioners in the field.

This symposium is made possible by a generous grant from the Wolf Family Foundation, and is co-sponsored by the Inamori International Center for Ethics and Excellence (Case Western Reserve), the International Bar Association, the Robert H. Jackson Center, the Irish Centre for Human Rights, and the Cleveland Council on World Affairs and serves as a Regional Meeting of the American Society of International Law, a Regional Conference of the International Law Association, and the Annual Meeting of the International Association of Penal Law (American National Section).

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  20070928
9/26/2007
Show Description
Should lawyers ever lie to the court? Professor Monroe H. Freedman - the modern-day guru of client-centered advocacy - recently has suggested that they sometimes should. Professor Zacharias will locate Freedman’s claim within modern scholarship debating the role of lawyers. Looking to the work of legal ethicists, moral philosophers, and Bob Lawry himself, Zacharias will challenge Freedman’s conclusions and, in Lawry’s terms, make an effort to “get the paradigm straight.”

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    20070926
9/25/2007
Show Description
In sailing, there is a term, "In Irons" that describes a boat caught between winds pushing in opposite directions. The sails are flapping wildly but the boat is not going in either direction. This term could be used to describe the current U.S. health care system. The cost of private and public health insurance has been growing at or near double digit rates; the number of uninsured continues to creep upwards; and persistent quality of care problems plague the system.

  • Is the U.S. health care system directionless?
  • How did we get into this situation?
  • Is there something we could do to get the health care system moving in a different direction?
  • If we are not skillful at controlling our own destiny, which direction are we likely to head?
  • Do we know in what direction we would like to go?



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  20070925
9/19/2007
Show Description
How do hardball negotiating tactics affect the people, the discussion, and the results of a negotiation? Mr. Factor will look at this topic from a range of reason-based and emotion-based perspectives, including:

  • disarming knowledge seeking inquiries
  • persuasive emotion-based tactics
  • effective tactics based on cognitive psychology research
  • humanistic and anecdotal moments of transformational impact
  • greater understanding through research in neuroscience.



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    20070919
9/12/2007
    20070912
4/17/2007
Show Description
Why does the United States have one of the least generous parental leave policies in the world? It is not simply that we choose to have less of a welfare state. Many developing nations offer little in the way of safety nets, but much more than our laws do for the typical employee occupied with childbirth. This Sumner Canary Lecture begins by answering this question, and drawing attention to the source and viability of current practices. The answers cast light on other matters of great public and private importance, ranging from public schools to health care. But the focus is on maternity leave, or parental policies more generally, and the Lecture then turns to the politically incorrect topic of the sustainability of current parental leave policies by private employers, like high-end law firms, who often find a much higher dropout rate among the very employees their leave policies were meant to encourage.

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  20070417
4/4/2007
  20070404
3/30/2007
Show Description
In recent years the relationship between religion and suicide terrorism has been questioned by scholars and others who erroneously ascribe other, entirely secular motivations (such as resistance to occupation) to this increasingly prevalent phenomenon.

This year’s Roe Green Foundation Conference will examine the role that theological justification plays both in motivating individual suicide terrorists and sustaining an organization's use of this tactic by providing it with a deep pool of recruits to draw on. It will explore and explain the rise of suicide terrorism world-wide since 9/11, assess religion's role as a key accelerative in this process, and discuss potential legal and policy responses to such acts.
________________________________________________

The Roe Green Foundation Conference, presented by the Institute for Global Security Law and Policy, is the first of three major national conferences at Case Western Reserve University School of Law supported by the Foundation. The series’ focus is on the most relevant current issues concerning global security law and policy, and brings together distinguished leading experts to discuss such topics as bioterrorism and religion and terrorism, and to assess the U.S. response to terrorism.

Roe Green is a friend of the law school and the daughter of the late Judge Ben C. Green, a graduate of Western Reserve School of Law from the Class of 1930, and the first alumnus of the school appointed to the federal bench. As a result of Ms. Green’s recent gift to the Leading the Way in Legal Education fundraising campaign, the Judge Ben C. Green Law Library was named in her father’s honor. Ms. Green was inducted into the Society of Benchers in 2004, and remains an active supporter of the law school.

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  20070330
3/6/2007
  20070306
2/28/2007
Show Description
Is workplace self-governance a New Deal idea whose time has passed? Or is it a solution to pressing contemporary problems?

As union representation and collective bargaining have declined, employment regulations, rights, and litigation have proliferated. In response, firms have put in place internal compliance and dispute resolution systems that aim to, and sometimes do, deflect regulation and litigation. If employees continue to be shut out of these self-regulatory systems, the result may be a disguised form of deregulation. But if employees can gain an effective voice in these systems, the result could be improved regulation and a revival of workplace self-governance.

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  20070228
2/15/2007
Show Description
Do you own your DNA or does someone else? Do gene patents inhibit research? What can art and literature tell us about the impact of genetic technologies on individual identities and social relationships? Professor Andrews will describe the coming challenges in law and medicine.

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  20070215
2/13/2007
  20070213
2/8/2007
Show Description
Banking deregulation has profoundly changed the financial services offered to consumers and the institutions that offer them. How has the dramatic erosion of federal and state regulation affected consumer usury laws, marketing policies, and consumer education? What are the factors that have shifted the focus of banks from corporate to consumer lending? How has the profitability of the industry changed and what does it mean to local banks? What factors are responsible to diluted loan underwriting standards? What role have credit cards played in this "revolution"? How have these changes influenced attitudes toward credit and debt now that America has a negative savings rate (first time since 1933)?

The financial services industry argued that consumer defaults on loans cost the average American over $400 simply because people are exploiting the bankruptcy law to avoid paying their debts. What are the economic realities to the industry? Can consumers expect lower cost products now that the bill was enacted? What are the most important changes in the law for consumers? What impact has the law had on bankruptcy filings? Who is responsible for soaring consumer bankruptcy rates? What role does homeownership play in the process of consumer bankruptcy?

Finally, how do we explain the dramatic change in social attitudes toward saving and consumer debt? When and why are Americans assuming record levels of debt? What are the implications of rising consumer debt to the future of American society? What are the near term consequences of consumer debt on retirement and social inequality? Is inheritance or rising property values the solution to the debt problem?

Dr. Manning's lecture will explore all of these questions and conclude with a prediction that American society has about 10-15 years to reverse the consumer debt crisis or the U.S. will face a sharp decline in its standard of living and serious financial crises in 20-25 years — independent of the financial pressures of the retiring baby boomer "bulge." Also, the failure to rapidly reverse the consumer debt crisis has enormous implications to the future global economic power of the U.S. as our dependence on cheap credit dwarfs our dependence on cheap energy.

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  20070208
2/1/2007
Show Description
Suicide bombings targeting Israeli civilians were once the favored tactic of Palestinian terrorists. Israeli deaths from suicide bombings peaked in the spring of 2002, but Israeli countermeasures dramatically lowered the number of successful suicide bombings since then. This talk will present an evaluation of the impact of various countermeasures on suicide bombing rates with an eye towards understanding the decline in successful suicide bombings in Israel.

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  20070201
1/26/2007
Show Description
In Brady v. Maryland (1963), the United States Supreme Court held that a defendant's due process rights preclude a prosecutor from suppressing material evidence favorable to the defendant. Since the Court's ruling, the Brady rule has shaped the boundaries of a defendant's right to a fair trial and defined the standards of justice in the criminal system. The Case Western Reserve Law Review Symposium will explore the role of the Brady rule in various elements of a criminal case, including plea negotiations, scientific evidence and capital sentencing. Participants will also discuss the Brady rule's impact on prosecutorial ethics in the current justice system. Please join us as many of the country's leading experts examine the issues that are critical for maintaining each citizen's right to a fair and just trial.

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  20070126
1/24/2007
  20070124
11/27/2006
Show Description
Professor Vann will discuss methods of taxing and identifying fringe benefits and issues specific to international fringe benefits and expatriates.

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  20061127
11/10/2006
Show Description
In 1996, the World Intellectual Property Organization (WIPO) adopted two treaties pertaining to copyrights in the digital age - the Copyright Treaty, and the Performances and Phonograms Treaty. As a result, legislatures from signatory countries, including the U.S., adopted various revisions to their copyright legislation. In the U.S., this included the enactment of the Digital Millennium Copyright Act as well as attempts to draft legislation to protect proprietary interests in valuable commercial databases. This year marks the 10th anniversary of the treaties. The symposium will provide a 10-year retrospective on the legal and policy issues underlying the adoption of the treaties and the ramifications of the implementation of relevant treaty provisions into local law. The symposium will include speakers from the U.S. and various other jurisdictions to compare legislative and judicial approaches to a number of issues arising under the WIPO treaties.

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  20061110
11/9/2006
    20061109
11/1/2006
Show Description
Billions of dollars have been expended in the five years since 9-11 to improve preparedness and response to a spectrum of threats, often referred to as "weapons of mass destruction." Organizations have been restructured, electronic detection systems have been installed, and numerous members of a variety of workforce sectors have received training. Nonetheless, reports and congressional testimony profess a pervasive lack of preparedness, particularly in the public health and hospital venues. Dr. Gursky's lecture will discuss several key assumptions and fault lines that have forestalled significant efforts to protect the health security of populations.

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  20061101
10/30/2006
Show Description
The evolution of the U.S. prohibition on political campaign intervention by charities and a review of recent IRS enforcement efforts.

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    20061030
10/27/2006
Show Description
Symposium Dates: Oct 27, 2006 2:00 p.m. - 5:45 p.m. and Oct 28, 2006 9:30 a.m. - 3:15 p.m.

One of the gravest crises facing the United States today is the state of our health-care system. The price of health care is increasing at almost three times the rate of inflation. Nearly 46 million Americans are uninsured, an increase of 6 million since 2000. An additional 16 million Americans are considered "underinsured." Two of five Americans have trouble paying their medical bills or have accrued significant medical debt. People who lack adequate health insurance have difficulty managing chronic conditions, are much less likely to get preventive care, and receive inefficient care when they do get treatment. Lack of health insurance leads to an estimated 18,000 deaths each year.

Throughout the conference, a group of nationally-recognized health policy experts will discuss how to make the Medicare program available to persons who cannot afford adequate health insurance. The Law-Medicine Center invites students and the public to participate in the effort to design a viable national health insurance alternative. The objective is to devise a program that: 1) provides adequate, affordable health insurance; 2) serves as an alternative to, rather than a replacement for, private health insurance; and 3) employs a successful existing insurance vehicle rather than creating a new bureaucracy. The goal of the conference will be to create a proposal that can play an important role in the debate over the future of the U.S. health care system during the 2008 presidential election. Members of the audience will be able to influence the process by submitting their comments and ideas during the proceedings.

This conference will give attorneys a familiarity with a number of areas of law of practical value in their daily practice, including: regulations governing the Medicare program; legal relationships between public and private health insurance; methods for containing health care costs; legal issues faced by providers of uncompensated health care; laws pertaining to employer health benefits; and the use of law as an instrument for social change.

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    20061027
10/17/2006
Show Description
Judge Buergenthal is the recipient of this year's Frederick K. Cox. International Law Center International Humanitarian Award for Advancing Global Justice
  • Judge Thomas Buergenthal will explore the comparative advantages of truth commissions versus criminal prosecutions in responding to human rights crimes and atrocities. Is one better? Can they be employed simultaneously?


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  20061017
10/13/2006
Show Description
New laws impose novel burdens on corporate lawyers to report possible legal problems up the corporate chain of command and in some cases to withdraw from representing a client and divulge evidence of client misdeeds. These new duties seem to clash with the traditional notion that lawyers owe an overriding duty to the client. This Symposium will discuss what the new law is, where it is headed, and how attorneys can best satisfy their legal obligations while serving the interests of the client.

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  20061013
10/11/2006
Show Description
Professor Mnookin will reflect upon his recent involvement as mediator in both the Israeli-Palestinian conflict and the conflict in Belgium between the French-speaking Walloons and Dutch-speaking Flemish.

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  20061011
10/6/2006
Show Description
Billed by the international media as the "real trial of the century," the televised proceedings in the first case before the Iraqi High Tribunal were punctuated by gripping testimony of atrocities, controversial judicial rulings, assassinations of defense counsel, resignation of judges, scathing outbursts, allegations of mistreatment by the defendants, hunger strikes, and even underwear appearances. Was it a mistake to try Saddam in Baghdad before a panel of Iraqi judges? Was the Iraqi High Tribunal a legitimate judicial institution? Were the proceedings fundamentally fair? Did the judges react properly to the defendant's attempts to derail the proceedings? Was the media coverage of the trial comprehensive and accurate? And what are the lessons for future war crimes trials? These questions will be addressed in a unique day-long symposium, one week before the judges announce their verdict in the Dujail Trial.

A special ceremony dedicating the Archives of the U.N. War Crimes Commission for the former Yugoslavia, donated by Professor M. Cherif Bassiouni, Chairman of the Commission, will precede the symposium. Tours of the archives (Library) and artifacts (Journal of International Law office) will be conducted during breaks.

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  20061006
9/27/2006
Show Description

  • Adverse drug reactions are the fourth leading cause of death for Americans, killing 100,000 people each year. What reforms are needed to safeguard consumers?

  • Was clinical and scientific evidence ignored in the case to bring Plan B emergency contraception over-the-counter?

  • What impact do the decisions of the Food and Drug Administration have on women and families? On its own credibility?



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  20060927
3/31/2006
Show Description
The Fifth Plague is a unique simulation-based counter-terrorism conference dealing with a bioterrorism attack. Participants, who include local, state, national and international officials, will be asked to "role play" their response to an agricultural-based attack. Issues that will be addressed include: legal questions of authority and powers of various agencies; cooperation among different branches of the government and between the U.S. and Canada; and responses to an actual attack.

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  20060331
3/30/2006
  20060330
3/21/2006
Show Description

  • A key starting point for any negotiation is knowing what you want. Israelis weren't sure; Palestinians were

  • What can we learn from the Israeli-Palestinian negotiations and other aspects of the reality of negotiations?



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  20060321
3/8/2006
Show Description

  • Has the law played a role in the decline of union membership and density?

  • Should the law be amended to aid unionization?



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  20060308
3/7/2006
  20060307
2/22/2006
Show Description

  • The Office of Special Investigations (OSI) and emerging war crimes

  • Nazis and other perpetrators of genocide, torture or extrajudicial killings are not welcomed here: a look back at a quarter century of prosecuting persecutors

  • Prosecuting persecutors: the future role of the OSI



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  20060222
2/14/2006
Show Description

  • Why are gifts not taxable income while dollars earned by a taxpayer's hard work and sweat are?

  • Exploring the utility of the existing standard courts employ to determine what a "gift" is and when the recipient must pay a gift tax



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  20060214
2/9/2006
  20060209
2/1/2006
Show Description

  • Beyond trademarks and copyrights: affecting legislative change on intellectual property issues

  • A closer look at the primary responsibilities of the Solicitor's Office at the U.S. Patent and Trademark Office



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  20060201
1/27/2006
Show Description
Recent events, such as selection of Supreme Court justices, the proposed Kelo eminent domain legislation, and the Schiavo congressional intervention statute, have brought issues of judicial independence and judicial accountability to the forefront. The interplay between Congress and the judiciary exposes balance of power issues that dictate where and how crucial decisions are made. This symposium will examine recent congressional action and discuss future solutions to controversies surrounding the federal judiciary.

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  20060127
11/17/2005
Show Description

  • Examining the trends of Chief Justice Rehnquist's legacy on constitutional law

  • What might we expect from a Supreme Court with two new Justices?

  • Future implications on the development of constitutional law beyond Rehnquist's Court



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  20051117
11/16/2005
Show Description

  • Adverse drug reactions are the fourth leading cause of death for Americans, killing 100,000 people each year. What reforms are needed to safeguard consumers?

  • Are more drug choices the answer?

  • Are drug safety standards adequate?

  • Has the FDA adequately evolved to meet its regulatory challenges?



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  20051116
11/11/2005
Show Description
This year's symposium deals with the hottest topic in sports law today—when are amateur sportsmen and sportswomen eligible to turn professional, and when is the best time for them to do so? Experts from pre-professional performance institutes, sporting associations, sports management, and sports law will discuss the topic with regard to the most popular team and individual sports. Speakers will explain the history of current eligibility rules and how they have evolved through litigation and collective bargaining agreements. The appropriate training regimen for young athletes hoping to turn pro, high-profile cases, related labor laws, and gender issues will be covered.

Symposium Chair
Peter A. Carfagna
Distinguished Visiting Practitioner at the Case School of Law and Senior Counsel at Calfee, Halter & Griswold


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  20051111
11/7/2005
Show Description

  • The creation of the International Criminal Court and the Court's place within international criminal law

  • Examining key features of the Court, its current activities, and its relationship with other actors



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    20051107
11/2/2005
Show Description
This event marks the inaugural lecture of the newly-established Institute for Global Security Law and Policy. The Institute invites distinguished academics, practitioners and decision-makers from the United States and around the world to address crucial global security issues, particularly in the aftermath of 9/11. The Institute is designed to be a leading national and international research and resource center concerning terrorism. The Center’s interactive website has been launched to stimulate public debate and provide a comprehensive hub for addressing security and counterterrorism issues.

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  20051102
10/7/2005
Show Description
In the aftermath of 9/11, many Americans across the political spectrum felt that it would be appropriate for the United States to use unconventional methods of obtaining information from suspected terrorists in order to prevent another major attack. But shocking revelations emerging from U.S. detention centers in Guantanamo Bay, Iraq, and Afghanistan, as well as the disclosure of the practice known as "extraordinary rendition" in which suspected terrorists are sent for interrogation to countries the U.S. Department of State condemns for human rights abuses, has transformed "torture and the war on terror" into one of the most controversial issues of our time. Are such practices moral, legal, effective, and sound policy? If not, what domestic and international fora are most appropriate for challenging them? These questions will be addressed in a day-long conference featuring former government and international organization officials, prominent academics, and leading practitioners in the field.

This symposium is:
A Centennial Regional Meeting of the American Society of International Law
A Regional Conference of the International Law Association (American Branch)
The Annual Meeting of the International Association of Penal Law (American National Section)

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  20051007
9/27/2005
Show Description
  20050927
4/8/2005
Show Description
From the experience of post-colonial states in Asia and Africa to more recent experience in Haiti, Bosnia, Kosovo, Somalia, and Iraq, the conceptual clarity and goals of nation building have been difficult to achieve. Beyond the international recognition of what Benedict Anderson called an imagined community, what are the desirable features of the nation under construction, and what, if any, is the appropriate role of the international community in designing, financing, and building them? How should the government be chosen, and powers separated between branches, allocated between the center and the regions, or shared by competing ethnic or religious groups? What are the necessary tools of conflict resolution? How critical is the role of women? Is religion a divisive or unifying force? What is the role of the United States, the United Nations, or the international financial institutions? With a view to comparative experience, a candid look at Iraq, and perspectives on the future, this unique day-long symposium will bring several world-leading experts together to address these fundamental questions.

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  20050408
4/7/2005
    20050407
4/6/2005
Show Description
Case Western Reserve University School of Law established the Sumner Canary Lecture in 1980 to honor Judge Canary, a 1927 School of Law alumnus, a well-respected lawyer, and a distinguished public servant. Judge Canary practiced law in Cleveland first as a solo practitioner, then in a partnership (Canary & Walsh), and then with the firm now known as Arter & Hadden, where he developed a notable expertise in insurance law. Except for the time spent in public service, he was with Arter & Hadden from 1942 until his retirement in 1972. From 1954 to 1959, he served as an U.S. attorney for the Northern District of Ohio. In 1967, he was appointed to the Ohio Court of Appeals for the Eighth District.

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    20050406
3/30/2005
Show Description
The Dean Lindsey Cowen Business Law Lecture was established in 2002 with a generous gift from the Ferry Family Foundation. The Cowen lecture will be delivered annually at the law school and will consist of a major public address where experts from the academy, legal and business communities, or government will address key topics in the field of business law and regulation. Speakers will also be in residence at the law school for several days to encourage direct interaction with students and faculty. This lectureship offers a lasting tribute to Lindsey Cowen who served as professor and dean of the law school from 1972 through 1982. Under Cowen's leadership, the law school grew, both in endowment and reputation. This lecture, while honoring an important leader in the history of the law school, is also an integral component of the School of Law's Center for Business Law and Regulation.

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    20050330
3/23/2005
Show Description
The Rush McKnight Visiting Scholar in Labor Law program was established in 1997 by the firm of Calfee, Halter & Griswold, and by Richard J. Cusick, Charles R. Emrick, Jr., and Joseph D. Sullivan, to honor retired partner Rush McKnight. A distinguished graduate of Case Western Reserve University School of Law (LL.B. '55), Mr. McKnight headed Calfee, Halter & Griswold's Labor Law and Employee Relations Practice and Executive Committee for many years. Prior to joining the firm in 1961, he served as attorney-advisor to the chairman of the National Labor Relations Board. Mr. McKnight is a civic leader in Cleveland and a dedicated supporter of Case School of Law. He has served as chair of the law school Annual Fund and as president of the Board of Governors of the Law Alumni Association. He is also a member of the law school's Society of Benchers.

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    20050323
2/25/2005
Show Description
In Sony v. Universal City Studios, the U.S. Supreme Court concluded that the VCR, once described as the equivalent of the "Boston Strangler" for copyrighted works, did not violate copyright law. With the emergence of the Internet and other new technologies, artists, entrepreneurs, and lawmakers continue to grapple with the decision and its implications for copyright and new technologies. At this symposium, which marks the 20th anniversary of the decision, media experts, law scholars and practitioners will discuss what the decision has meant for innovators and secondary liability, its impact on the fair use doctrine and private copying, and how the decision is playing out from a variety of perspectives.

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    20050225
2/22/2005
Show Description
The International Law Center at Case Western Reserve University School of Law was established by the George Gund Foundation in 1991 to generate and disseminate knowledge and understanding about comparative, transnational, and international legal issues. The Center was renamed in 1994 to honor Frederick K. Cox, president and treasurer of the Gund Foundation for more than 20 years, and a dedicated friend, advisor, law school alumnus (class of 1938), and long-time member of the University’s Board of Trustees. The Center offers courses, special lectures, conferences, visiting faculty and scholars, joint programs with foreign universities, summer internships, and opportunities for foreign study — tying Case students and faculty, as well as the greater community, to ideas and institutions around the world.

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    20050222
2/4/2005
Show Description
The symposium will examine a case before the U.S. Supreme Court, Kelo v. City of New London, which challenges the constitutionality of using eminent domain for economic redevelopment. Symposium chair is Jonathan Adler, associate professor of law and associate director of the Center for Business Law and Regulation at the law school.

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  20050204
2/2/2005
Show Description
The Distinguished Intellectual Property Lecture is a part of the School of Law's Center for Law, Technology, and the Arts. This lecture presents distinguished leaders to the law school, the profession, and broader community. The Center focuses on innovative teaching, research, and programs on intellectual property, technology development and transfer, the intersections between science and the legal system, legal issues of the emerging biotech field and computer technologies, and the law relating to the creative arts. Craig Allen Nard, a leading authority in the fields of intellectual property and patent law, is Director of the Center.

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  20050202
11/17/2004
Show Description
An integral part of Case Western Reserve University School of Law's Law-Medicine Center, The Oliver C. Schroeder, Jr. Scholar-in-Residence honors individuals who have made significant contributions in the fields of health law and policy. The Oliver C. Schroeder, Jr. Scholar-in-Residence was established in 1986 with generous gifts from law school alumni, friends, and colleagues of Professor Oliver Schroeder in recognition of his dedicated service at the School of Law. During his 38 years on the law faculty, Professor Schroeder served as a professor and acting dean, and co-founded the School's Law-Medicine Center. Professor Schroeder was director of the Center from its inception until 1986 when he retired and was named Professor Emeritus.

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    20041117
11/11/2004
    20041111
10/27/2004
Show Description
The Klatsky Seminar in Human Rights was established in 2000 to provide a forum to highlight Human Rights. 2001 marked the inaugural year of the seminar, and the program is presented in collaboration with the Frederick K. Cox International Law Center of Case Western Reserve University School of Law. The Klatsky Seminar was made possible by a fund established with a generous gift by Mr. Bruce J. Klatsky. Mr. Klatsky, Chairman and Chief Executive Officer of Phillips-Van Heusen Corporation, is a graduate of Adelbert College (1970) and served as a member of the University Board of Trustees from 1995 to 2002. Among many activities, he serves on the Board of Human Rights, a nonprofit, non-governmental organization dedicated to the protection of human rights worldwide.

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    20041027
10/8/2004
Show Description
The September 11 terrorist attacks and U.S. invasions of Afghanistan and Iraq triggered a seismic shift in the U.S. approach to dealing with terrorists. Previously, terrorists were treated as criminals and tried in federal court or, in the case of the Pan Am 103 bombers, in international tribunals. Now, rather than bringing terrorists to justice, U.S. policy is, in the words of President George W. Bush, to "bring justice to the terrorists" by hunting them down or detaining them as enemy combatants and prosecuting them in military commissions. In this unique day-long symposium, high-level United Nations officers and U.S. government officials, noted prosecutors and defense counsel, prominent journalists and scholars will critically assess the past and current approaches, and offer guidance for future efforts to use law as a weapon against terrorism.

This symposium is an official Regional Meeting of the American Society of International Law and of the International Law Association (American Branch), and is also the annual meeting of the International Association of Penal Law (American National Section).

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    20041008
10/1/2004
Show Description
The torrent of corporate scandals (Enron, Tyco, &c.) triggered demands to reform corporate governance. Congress responded with the Sarbanes-Oxley Act ("SOX"), which is intended to improve the diligence and honesty of corporate managers and the independence of auditors and other corporate watchdogs. Armed with new powers under SOX, the Securities and Exchange Commission also responded to these demands by proposing rules to enhance the role of shareholders in electing directors. Much of corporate America objects that SOX has increased costs with little or no benefit and that the SEC's proposals would diminish the effectiveness of corporate boards by provoking friction. The 2004 Leet Symposium will discuss what are the proper goals of corporate governance; what problems, if any, there are with corporate governance; whether the reforms adopted and proposed will solve any problems or exacerbate them; and whether other measures might ameliorate conditions.

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    20041001
4/13/2004
    20040413
3/26/2004

    20040326
3/23/2004
    20040323
3/2/2004
    20040302
2/17/2004
    20040217
2/10/2004
    20040210
11/14/2003
    20031114
10/10/2003
    20031010
10/8/2003
    20031008
10/7/2003
    20031007
10/2/2003
    20031002
9/17/2003
    20030917
4/8/2003
    20030408
3/3/2003
    20030303
2/28/2003
    20030228
2/19/2003
    20030219
2/11/2003
    20030211
1/28/2003
    20030128
1/21/2003
    20030121
11/7/2002
    20021107
11/1/2002

    20021101
10/29/2002
    20021029
10/4/2002
    20021004
4/10/2002
    20020410
4/4/2002
    20020404
3/6/2002
    20020306
2/20/2002
    20020220
11/9/2001

    20011109
11/1/2001
    20011101
10/25/2001
    20011025
10/16/2001
    20011016
10/3/2001
    20011003
4/19/2001
    20010419
4/3/2001
    20010403
2/27/2001
    20010227
1/24/2001
    20010124
11/10/2000
    20001110
10/17/2000
    20001017
10/5/2000

    20001005
9/12/2000
    20000912
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