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Fossil Fuel Fraud
Get PDFIn some recent climate litigation cases, plaintiffs have added a claim for common law fraud, in addition to the more traditionally pursued claims for nuisance, negligence, and trespass. Fraud claims against fossil fuel companies center on the decades-long campaign of climate change doubt that was organized, funded, and carried out by oil, gas, and coal industry leaders, as well as public relations firms and industry advocacy groups working on their behalf. But while the doubt campaign certainly fits the fraud mold—a purposeful effort to mislead for profit—because it was aimed at defrauding the public at large, rather than defrauding a particular individual—it is not the kind of deceptive scheme that the fraud laws are good at addressing. The fraud laws, by their very nature, apply most naturally to personal frauds. Impersonal frauds aimed at millions, like that carried out by the fossil fuel industry, are mostly ignored (and thereby allowed) by law. Moreover, plaintiffs suing fossil fuel companies face unique challenges. This Article argues that this gap in the law, where the largest and most destructive frauds are generally ignored, should be closed. Until it is, it will continue to unfairly deprive those harmed by climate change of the opportunity to seek redress for injuries caused by the fossil fuel companies’ purposeful deceit of the public
Climate Change and Cross-Border Displacement: What the Courts, the Administration, and Congress Can Do to Improve Options for the United States
Get PDFThere is no doubt that the United States, even under existing law, could do much more to protect people displaced across international borders in the context of climate change and disasters. All branches of government have a role to play. Federal courts must thoughtfully assess litigants bringing asylum and CAT claims in the context of climate change and disasters. The administration must clarify interpretation of the refugee definition and use all available tools at its disposal to create new legal pathways as outlined in the White House Report. For its part, Congress must modernize the statutory basis for international protection in line with ICCPR requirements, the Cartagena Declaration definition, and a specific category for climate-displaced persons. (Abstract is the Article\u27s Conclusion.
The First Amendment and Freedom of Expression on College Campuses
No full textCWRU Law Professors Jonathan Adler and Bryan Adamson will present constitutional, statutory, and policy considerations in the regulation of freedom of expression on college campuses. Adler and Adamson will address core First Amendment principles of civil disobedience, political speech and others such as time, place and manner restrictions; “hate” speech, harassment, incitement, and “true threats”; counter-speech, hostile audiences and the “heckler’s veto;” due process, and the distinctive First Amendment rights and obligations of public versus private institutions. Adler and Adamson will engage these concepts in the context of examining our own campus policies and practices
Equal Rights and Protections in Human Subjects Research – A Call to Action
No full textThe COVID-19 pandemic provided a stark reminder of the critical role of biomedical research in saving human lives. But it also highlighted an urgent need for research that expands the evidence base in ways that reduce health disparities and promote equity. But the inclusive research needed to achieve these goals may be hampered by the fact any efforts to achieve these goals are embedded in a system that treats research participants unequally. The federal regulations governing human subject research do not apply to all research, leaving some participants unprotected. In addition, because of variation in state laws, participants in the same study may have different rights and protections. Congress has the power to provide additional procedural and substantive research protections that would uniformly apply to all participants, and Wolf will provide some recommendations for changes Congress should consider
Repatriating the Dead: The Necessity of an Enslaved Peoples’ Grave Repatriation Act to Break One of the Surviving Chains of Slavery
Get PDFThe Octopus in the Parking Garage: A Call for Climate Resilience
No full textFrom fire to flood, from pounding heat waves to sea life stranded in a parking garage, Americans are seeing the face of climate breakdown. Cutting carbon pollution helps us avoid the very worst. But for risks we can’t avoid, we have to manage them. That’s especially true for poorer and underserved communities. Best-selling author and climate law expert, Rob Verchick will make the case for “climate resilience”—in our households, in our towns and cities, and in our legal system. Whether paddling through Louisiana’s bayous, hiking among Joshua trees in the Mojave Desert or diving off Key Largo with citizen scientists working to restore coral reefs, Verchick explores the range of problems we face and the many creative solutions that we can embrace and deploy. Speaker Bio
Robert Verchick is a legal scholar in climate change and disaster policy who designed climate-resilience programs in the Obama administration. He is the Gauthier-St. Martin Eminent Scholar and Chair in Environmental Law at Loyola University New Orleans and the 2023-24 Francis B. Cashin Fellow at the Harvard Radcliffe Institute. Verchick has written more than 60 articles and four books. His best-selling book, The Octopus in the Parking Garage: A Call for Climate Resilience, was a winner of a 2023 Choice Award for Outstanding Academic Title. Verchick has taught as a visiting professor at Aarhus University, Peking University and Yale University. In 2009 and 2010, he served in the Obama administration as deputy associate administrator for policy at the US Environmental Protection Agency. He serves as president of the board of the Center for Progressive Reform. His podcast, Connect the Dots, is in its eighth season. He is now working on his next book, which is about how we can harness the power of government, science and local wisdom to rescue the oceans from climate breakdown
Word Court\u27s Israel-Gaza Decision
No full textJoin CWRU Law School experts for a Zoom discussion on the recent South Africa v. Israel International Court of Justice Genocide case decision.
On Jan. 26, 2024, the International Court of justice by a vote of 15-2 ordered provisional measures in the case of the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel). The Court’s decision recalled the attack of Oct. 7, 2023, on Israel with hostage taking and loss of life, as well as the human suffering, loss of life, displacement of civilians and damage to the infrastructure in Gaza caused by Israel. The ICJ declined to order Israel to immediately suspend its military operations in and against Gaza. But it did order Israel to take all measures within its power’ to prevent the commission of acts prohibited in the Genocide Convention, and to take immediate and effective measures to enable the provision of humanitarian relief to Gaza.
For more details, see Sterio’s essay in Opinio Juris. Speakers
CWRU Associate Dean Avidan Cover, former Senior Counsel at Human Rights First.
CWRU Adjunct Professor Gregory Noone, formerly head of the Department of Defense’ International Law Section.
Cleveland State College of law Distinguished University Professor Milena Sterio, Managing Director of the Public International Law and Policy Grou
The Economics of Human Rights: Canadian and U.S. Perspectives on Supply Chains, Sanctions, and Securing Reconciliation
No full textApril 17-18, 2024
The conduct of business either protects human rights or enables their violation. Canada and the United States influence the enforcement and advancement of human rights through their approaches to regulating business activities. Both countries play a vital role in the international community on how human rights are protected through supply chains, the use of sanctions and reconciliation for past practices. The 48th Annual Canada-U.S. Law Institute Conference on April 18 and 19, 2024, will analyze these issues by bringing together government officials, distinguished academics, practitioners, and business leaders.
Thursday, April 18
Attend in person or view this day via Livestream.Opening and Awards BanquetLocation: George C. Gund Hall, Case Western Reserve University School of Law11075 East Boulevard, Cleveland, Ohio, 44106 5:30 p.m. - Opening Reception and Dinner for all Conference Attendees – Law School Rotunda6:30 p.m. - Welcome and Introduction – Law School Rotunda6:45 p.m. - Presentation of the Henry T. King Award and Sidney J. Picker Award7 p.m. - Opening Address & Distinguished Lecture 8 p.m. - Adjourn
Friday, April 19, 2024
Attend in person or view this day via Zoom registration.Location: Cleveland Botanical Garden (across the East Blvd. from Case Western Reserve University School of Law) 11030 East Boulevard, Cleveland, Ohio, 44106Panels (times to be announced) Panel 1: “Approaches to Advancing Human Rights” - This panel will address the legal conventions and international institutions focused on advancing and protecting human rights and how Canada and the United States are responding. Panel 2: “Protecting Human Rights through Economic Sanctions and Supply Chain Due Diligence” - This panel will review the current global economic sanctions environment as it relates to challenges arising in places such as Darfur (Sudan), Xinjiang (China), Democratic Republic of Congo, Myanmar, Iran and Russia, and the challenges faced by businesses seeking to comply within their global supply chains. Panel 3: “Indigenous Reconciliation and Development” - This panel will review how each county is addressing the rights of its Indigenous communities and providing reparations for past violations of human rights while advancing economic development. Panel 4: “Climate Change and Human Rights” - This panel will review how climate change is impacting human rights and how each country is preparing itself to address such issues as increased migration, maintaining agricultural and food resources, sustainability of fresh water resources, and global security
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