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Peter Appel Honorary Keynote
No full textDaniel Blackman -- Former Region IV Director of the EPA, environmentalist, civil rights activist, and public servan
I Hope the Final Judgment’s Fair: Alternative Jurisprudences, Legal Decision-Making, and Justice
No full textAt the core of any legal decision is an assumption that the decision will be “fair,” yet this is an elusive term. A close study of cases involving criminal defendants with mental disabilities shows that many (perhaps most) of the decisions involving this cohort are not “fair” in the contexts of due process and justice. If legal decisions reflect principles such as procedural justice, restorative justice, and therapeutic jurisprudence, the chances of such fairness will be significantly enhanced. This chapter explains why this goal of fairness, in the context of these cases, can never be met absent a consideration of the virulence of sanism and pretextuality, along with the misuse of heuristics and false “ordinary common sense.” These factors enable much of society to ignore gray areas of human behavior, and predispose fact-finders to endorse beliefs in accord with their prior experiences
An In-Person Fireside Chat with Canadian Minister Francois-Philippe Champagne
No full textOne of Case Western Reserve University School of Law\u27s most distinguished graduates, the Honourable François-Philippe Champagne, will participate in an informal fire-side chat with Dean Michael Scharf in the Moot Courtroom at the Law School. The free-ranging conversation will cover Minister Champagne\u27s experience at our Law School, his remarkable career and the state of Canadian-U.S. relations
Moral Tragedies and the Israel-Palestine Conflict
No full textExcerpt: Why are we inclined to believe in moral tragedies? Because this is somewhat tempting in a comforting sort of way: the world presumably consists of values that can’t all be realised at the same time. You can have liberty and equality but not both at the same time, at least not always. I think a reason for this powerful belief is because one often feels stuck, as General Moshe did, and when one is stuck, one tends to believe in the status quo. But there is no reason that this must be inevitable. Surely, when things look intractable, they may not actually be so, and there must be a way out
Jewish Bd. of Family & Children\u27s Servs., Inc. v. Sabater
No full textIn a holdover eviction proceeding, the court ruled in favor of the landlord, allowing the amendment of the petition and denying the tenant\u27s motion. Key legal points include the interpretation of statutory provisions regarding supportive housing programs and the sufficiency of termination notices
Koti v. Vasquez
No full textIn this owner\u27s use holdover proceeding, the landlord sought possession of an apartment, alleging immediate and compelling necessity for personal occupancy. However, the court granted the tenant\u27s motion to dismiss, finding the predicate notice insufficient. The notice lacked specificity regarding the landlord\u27s intent and failed to provide factual details supporting the claimed necessity for occupancy. The court emphasized that a notice of termination must include specific allegations relevant to the particular proceeding, not merely statutory language, to sustain an eviction action