Case Western Reserve University

Case Western Reserve University School of Law
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    14041 research outputs found

    The Supreme Court Punts on the Realization Issue in Moore

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    The Supreme Court’s 2024 decision in Moore v. United States was a disappointment. The Court upheld the constitutionality of the so-called mandatory repatriation tax, a result that may or may not be defensible. But the Court didn’t resolve what was supposed to be the “question presented” in the case: “Whether the Sixteenth Amendment authorizes Congress to tax unrealized sums without apportionment among the states.” As a result, more than a century after ratification of the Sixteenth Amendment, we still don’t know whether realization of some sort is necessary to have income within the meaning of the Amendment. This article describes and criticizes the decision in Moore

    Volume 75 Issue 1 (2024)

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    If We Fail to Solve Global Climate Change, Blame the Nuclear Regulatory Commission

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    The National Environmental Policy Act and Climate Change Adaptation Within Federal Natural Resource Management Agencies

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    A Trap for Local Governments: Legislative Exactions After \u3ci\u3eSheetz v. County of El Dorado\u3c/i\u3e

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    Keynote Address -- Emerging Sanction Complexity in the Private Sector

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    The Killing of Ayman al-Zawahiri: On Its Legality and Why the U.N. Should Clarify the Unable or Unwilling Doctrine

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    Negotiating Environmental Justice in Ukraine

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    This Article examines the dynamics of negotiating environmental justice in Ukraine amid pressure from certain international actors for an Amnesty-Based Peace in Ukraine. While it is currently unclear how Russia’s war in Ukraine will end, it is likely that there will be significant discussion around forms of justice, including how to address the grave environmental damage Russia has caused in Ukraine. This Article looks at previous precedents of Amnesty-Based Peace in Angola, Haiti, and Uganda and decisions and commentaries by international actors to argue that appeasement has not fostered durable peace and is generally disfavored by judicial and non-judicial bodies. Additionally, the infrastructure Ukraine and the international community have built to hold those accountable for atrocity crimes, including environmental crimes, in Ukraine significantly hinders Russia’s hopes to persuade Ukraine to abolish its plans for accountability

    Access Denied: Accessibility and the Law of Telehealth for People with Disabilities

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    This paper delves into the critical issue of healthcare accessibility for individuals with disabilities, as explored by Dr. Laura C. Hoffman in her comprehensive analysis. The document sheds light on the definition of disability within the healthcare framework and elucidates the existing healthcare disparities faced by individuals with disabilities. Dr. Hoffman emphasizes the pivotal role of telehealth in bridging the accessibility gap and advocates for the integration of disability-specific training for medical professionals. Furthermore, the paper underscores the necessity of incorporating accommodations such as sign language interpreters and speech-to-speech translators into standard clinical workflows to ensure equitable healthcare access. By examining the intersection of telehealth, disability law, and healthcare policy, this paper offers valuable insights and recommendations for enhancing healthcare accessibility and inclusivity for individuals with disabilities. [Abstract generated by AI

    13. Crimes against humanity/ United Nations, undated

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    Case Western Reserve University School of Law is based in United States
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