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Cancel Culture and Censorship Effects Before and After the Introduction of Social Media
Get PDFSome people today view free speech as a threat to emotional safety and well-being. Cancel culture attempts to silence authors who express “unapproved” opinions by removing access to their works, publicly shaming them, and making attempts to destroy their livelihood. Cancel culture has been increasing, particularly on social media
Drops in the Ocean: The Hidden Power of Rights-Based Climate Change Litigation
Get PDFAn increasing number of legal challenges to government climate change policies are being advanced on the basis that states are violating the human rights or constitutional rights of applicants. A number of high-profile cases in Europe have upheld such claims and ordered governments to adjust their policies. But questions remain regarding how effective such rights-based cases may be in the effort to enforce climate change law obligations or encourage government responses to the crisis. This Article explores how such rights-based cases may exercise greater influence than is typically understood.
After explaining briefly the relevant human rights and climate change law, this Article examines in some detail a sample of rightsbased climate cases that reflect a common pattern of features that provide the basis for such an explanation. The cases illustrate the incorporation of both international human rights law norms, and international climate change law obligations and standards, which are used to assess the legitimacy of government climate change policy. The courts increasingly rely upon the science of climate change institutions and the arguments and doctrines developed by foreign courts and international tribunals, including new doctrines for rejecting typical “drop in the ocean” causation and justiciability arguments traditionally relied upon to dismiss climate change cases.
The features of the common pattern reflected in these cases conform neatly with a number of well-established theories in international and comparative constitutional law, which in turn provide insight into how these cases may exercise powerful indirect influence. These theories help explain how the incorporation and internalization of international law norms, along with the migration of ideas from abroad, help shape national policy and form powerful pre–commitment devices. They also show how judicial decisions contribute to that process, and how courts help shape public perceptions and opinions regarding the validity of government policy. Viewed through the lens of these theories, the features of these cases suggest that they exercise greater influence than is generally understood
17th Transatlantic Intellectual Property Summer Academy: TRIPS at Age 30: A Major Success Story
No full textSept. 3-6, 2023 Event Description
For one week each year, Case Western Reserve University School of Law organizes or takes part in the Transatlantic Intellectual Property Summer Academy jointly with other schools and universities. Faculty includes highly-regarded academics from top-ranked law schools around the world, including Bocconi University.
The course features leading IP scholars and researchers from multiple countries in Europe and North America. The number of participants is limited to 50. Attendees must meet one of the following: have a graduate degree in law, economics or engineering; have an undergraduate degree in law (subject to a selection procedure); be a current American JD or graduate student; or be a young researcher or professional working in TTOs.
The program costs $900. Participants are responsible for booking their own travel, accommodation and meals.
Students enrolled in Universities of origin of the Transatlantic Academy\u27s Lecturers can obtain, upon admission, a 20% discount on fees.
The September 2024 Transatlantic Intellectual Property Summer Academy topic focuses on the WTO TRIPS Agreement as a success story: for the last three decades, the TRIPS Agreement was often vilipended. Though the agreement is not at all exempt from major criticism for its undetailed provisions related to public health, and its loose provisions on IP and technology transfer, the overall benefits of the agreement are now better acknowledged for most national economies in developed economies (including the US and Europe), but also in emerging and developing economies, many businesses circles and in society. The program will shed light on the TRIPS success, that permits the advancement of further IP Treaties at WIPO and the development for the last 30 years of modern IP legislation in most countries of the world.
A participatory and interactive teaching approach is used for all lessons, including business examples and studies, practical exercises, and direct contact opportunities with IP operators and companies. Free tutor assistance is also available.
An optional daily recreational program is available in advance to participants and includes invitations to cultural and social activities at free or limited costs.
Entry requirements are indicated below.
Attendance certificates are granted at the completion of the program.
Click here for the event agenda. Event Location
CWRU Tinkham Veale University Center, Senior Classroom, 11038 Bellflower Road, Cleveland, OH 4410
2024 Law-Medicine Conference: Cognitive Decline and the Law
No full textAs the American population ages, a growing number of people will suffer cognitive decline. Cognitive decline may affect individuals’ ability to work, drive, obtain medical care, manage their finances and engage in other activities of daily living. As cognitive decline becomes more prevalent in American Society, legal experts and policy makers will need to grapple with its implications. This conference will explore a variety of legal and policy challenges associated with cognitive decline. Topics will include medical decision-making, guardianship, cognitive decline among incarcerated individuals, family caregivers, telemedicine and much more. Agenda and speaker biographie
Private Equity and the Corporatization of Health Care
No full textPrivate equity investment in physician services has become a driving force in the financialization of health care. While private equity investors seek quick revenue generation from health services organizations, they challenge the professional and ethical norms that distinguish medical providers from profit-seeking businesses. Their practices threaten to increase costs, lower health care quality and contribute to physician burnout and moral distress. An example of how private equity investors exploit market dysfunctions or regulatory loopholes is the practice known as “surprise medical billing.” This occurs when a patient receives care at an in-network facility from an unexpectedly out-of-network provider. The resulting medical bills force insurers to pay more and expose innocent patients to sometimes crippling financial debt. The federal No Surprises Act outlawed some forms of this phenomenon but did not completely eliminate the problem. Erin Fuse Brown’s lecture will discuss the trend of private equity investment in physician services and the legal tools available under federal and state law to address the threats presented by health care financialization. She will also analyze how loopholes and market distortions should be addressed through new legislative and regulatory interventions. Speaker Biography
Erin C. Fuse Brown, J.D., M.P.H., is the Catherine C. Henson Professor of Law and Director of the Center for Law, Health & Society at Georgia State University College of Law. She specializes in health law and policy, and her research focuses on health care markets, consolidation, and cost-control. Fuse Brown has published articles in leading legal, health policy and medical journals about private equity investment, health care prices, payment reform, medical billing and debt collection, health care competition and consolidation, surprise medical billing and health reform. She has consulted with NASHP, Milbank Memorial Fund, Catalyst for Payment Reform and others on legal and policy strategies to protect health care consumers, control health care costs, and address health care consolidation. She received a JD from Georgetown, an MPH from Johns Hopkins and a BA from Dartmouth College
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