Case Western Reserve University

Case Western Reserve University School of Law
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    14041 research outputs found

    Appeal No. 1022: Peter J. & Beth B. DeWitt v. Division of Oil & Gas Resources Management

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    Review of Chief\u27s Order 2022-285; Oliver CR Mon North Unit (EAP Ohio, LLC

    Splitting Deceased Donor Livers to Double the Transplant Benefits: Addressing the Legal, Ethical, and Practical Challenges

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    Liver transplantation is different from transplanting other solid organs because some recipients can achieve good long-term outcomes with only half of a donor’s liver (or less). This means that some deceased donor livers can be split, saving two lives instead of one. However, although more than 10 percent of cadaveric livers meet the criteria for splitting, only about 1.5 percent are actually split in the United States. This article identifies a set of ethical, legal, and logistical challenges to a more extensive use of split liver transplantation (SLT) within existing legal frameworks. We then discuss how each of these challenges can be overcome with a set of realistic clarifications and changes to the current liver transplant architecture. Three guiding values shape liver allocation policy in the United States: maximizing expected outcomes, ensuring broad access, and prioritizing the sickest patients. While the last value is in tension with SLT (because the sickest patients often need a whole liver), we maintain that greater adoption of SLT is consistent with this normative balance. In addition, the distribution infrastructure is not designed to facilitate splitting. When a surgical team is offered a liver for a specific patient, they feel duty-bound to give that specific patient the whole organ. Further discouraging SLT, performance metrics, including those used to determine a transplant program’s eligibility for Medicare and Medicaid funding, focus on surgical outcomes rather than waitlist mortality. Our preferred remedies entail clarifying the informed consent requirements for SLT, using a national clearinghouse to identify livers that are prime candidates for splitting, offering these livers to qualifying programs for SLT only, and establishing a separate regulatory reporting and outcomes evaluation pathway for SLT. Together, these reforms, many of which have precedents in the transplant field, will support the expansion of SLT in carefully controlled conditions and save more lives

    Birth Empowerment: Integrating Doula Services into Our Healthcare System

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    This law review article explores the role of doulas in improving maternal and infant outcomes and the challenges of integrating doula services into our healthcare system. Part I provides an overview of maternal and infant mortality rates in the United States, highlighting the disparities faced by women of color and low-income women. Part II discusses the benefits of doula services, including reduced rates of cesarean delivery, preterm birth, and other complications. Part III reviews current coverage of doula services in various states, both in the public and private sector. Part IV critiques the current regulatory scheme for doula services and proposes a state-run board to review doula conduct and services to ensure quality care. The article concludes that integrating doula services into our healthcare system is essential for improving maternal and infant outcomes, but requires addressing structural barriers such as reimbursement policies and regulatory frameworks. [AI generated abstract

    The Planned Overhaul of Israel’s Judiciary

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    Event Description This remote program, led by a prominent Israeli scholar, will explain and analyze the legislative package that Israel\u27s Minister of Justice introduced to overhaul the judicial system. The proposal generated unprecedented protests in Israel that received international media coverage. Supporters of the changes justify them as necessary to rein in an unaccountable judiciary. Opponents fear that the removal of the only effective check on executive power in Israel will jeopardize civil liberties, economic prosperity, and Israel’s international standing. Attendees will gain a deep understanding of the issues at hand and what they could mean for the future of Israel. Speaker: Dr. Meital Pinto Pinto is a senior lecturer at the Zefat Academic College, School of Law, and the Ono Academic College, Faculty of Law in Israel. She is also a teaching fellow at the faculty of law at the Hebrew University in Jerusalem. Pinto has an SJD (2009) and LLM (2005) from the University of Toronto, and LLB degree (2003) in Law and Government from Reichman University (IDC) Herzliya, Israel (Magna cum Laude). Prior to her graduate studies, Pinto served as a law clerk to Justice Asher Grunis of the Israeli Supreme Court, the former Chief Justice of the Supreme Court of Israel. During the year 2022, Pinto has been an Israel Institute visiting fellow at the Center for Middle Eastern Studies, University of Chicago, where she taught three courses about modern Israel. Pinto’s research focuses on the issues of discrimination, and minority rights within multicultural societies (especially language rights and religious freedom), including the rights of women as minorities within minorities. She teaches Jurisprudence, Constitutional Law, Administrative Law and Law and Gender

    2023 Ohio Securities Conference: The More Things Change, the More They Stay the Same

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    Join us October 20, 2023 for the 50th annual Ohio Securities Conference, a one-day event that will explore similarities and differences among the past, present and future of securities law. The conference will feature a variety of speakers, including leading academics, practitioners and regulators, and also offer opportunities for networking, professional development and continuing education credits. The Ohio Securities Conference is an annual event that brings together leading experts in securities law to discuss the latest developments in the field. The conference is designed to provide attendees with practical insights and solutions to the challenges they face in their work. Attendance this year will be in-person only. Seating is limited to 150 guests, so register quickly! We look forward to seeing you there

    Power Shift: The Return of the Uniting for Peace Resolution

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    In 2022, the United States dusted off the 1950 Uniting for Peace Resolution in order to obtain General Assembly condemnation of the Russian invasion of Ukraine. This was the first time in three decades that the Security Council and General Assembly had utilized the Uniting for Peace mechanism – a process designed to end-run a Security Council veto. Together with the General Assembly’s creation of the international investigative mechanism for Syria in 2016 over Russia’s objection, the use of the Uniting for Peace process to condemn Russia’s aggression represented a shift in power away from the Security Council and to the General Assembly, with potentially broad and long-term implications. This article examines the causes and consequences of that power shift

    Appeal No. 1004: Eric Petroleum Corporation, et al. v. Division of Oil & Gas Resources Management and EAP Ohio, LLC

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    Review of Chief\u27s Order 2021-173 Dawson South Unit (EAP Ohio LLC

    Appeal No. 1019: King Oil Company, Inc. v. Division of Oil & Gas Resources Management

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    Review of Chief\u27s Order 2022-231 to 2022-236 (Plug Orders

    La inteligencia artificial como médico clínico: un argumento para el uso ético de futuras tecnologías en un entorno médico

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    Prosecuting Atrocities Committed in Ukraine: A New Era for Universal Jurisdiction?

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