Case Western Reserve University

Case Western Reserve University School of Law
Not a member yet
    14041 research outputs found

    Mandatory Reporting in Ohio: Advocating for Substance Affected Infants & Birthing People

    No full text
    Please join the Reproductive Rights Law Initiative (RRLI) at Case Western Reserve University\u27s School of Law for a webinar on Mandatory Reporting in Ohio: Advocating for Substance Affected Infants & Birthing People. This webinar is designed for medical professionals, social workers and anyone involved in testing and reporting policy around substance-affected infants and birthing people. Join a multidisciplinary panel of doctors, social workers and advocates as we examine Ohio’s mandatory reporting laws, the science of toxicology testing on birthing people and infants, and strategies for effecting change within hospital systems to support the health, dignity and rights of impacted families. 1 Hour of Social Work Continuing Education Credit

    SYMPOSIUM PREVIEW: DEFENDING TOMORROW’S DEMOCRACY -- Synthetic Content: Default to Distrust

    No full text

    Appeal No. 1038: Stonebridge Operating Co, LLC v. Division of Oil & Gas Resources Management

    No full text
    Appeal of Chief\u27s Order No. 2024-39

    Climate Change and Human Rights

    Full text link
    A panel discussion on addressing climate change and human rights in Canada and the United States

    Conference Speakers

    Full text link
    Proceedings of the 2nd Wilson Canada-United States Legal Issues Symposiu

    Conference Speakers

    Full text link
    Proceedings…48th CUSLI annual conferrenc

    True North, Strong and Free (From American Influence): The Case Against Defunding the Canadian Broadcasting Corporation

    Full text link
    Since becoming the leader of the Conservative Party of Canada, Pierre Poilievre has campaigned on defunding Canada’s English-language national broadcaster, the Canadian Broadcasting Corporation (CBC). In the opinion of Mr. Poilievre, Canadian tax dollars would be put to better use if the Canadian government ceased subsidizing the CBC and encouraged private broadcasters to fill the cultural and entertainment void left in its wake. Mr. Poilievre’s campaign promise to defund the CBC comes at an interesting time in Canadian politics. With the resignation of Justin Trudeau, an imminent federal election, and the 51st State rhetoric echoing from the White House, Canadians have had their national identity called into question. Prior to the return of Donald Trump to the American Presidency, the CBC’s funding was a relatively minor issue on the Canadian campaign trail; however, since January 2025, the future of the CBC has been thrust into the political spotlight. It is for this reason that a contemporary review of the CBC’s value to Canadians became necessary. This paper illustrates that the political turmoil surrounding the CBC and its significance to Canadian entertainment culture is not new. The role of the CBC in protecting Canada’s national identity from the threat of American cultural imperialism has been the subject of political debate in Canada for nearly a century. Ultimately, this paper explains that the CBC is a public utility that is statutorily obligated to create programming that is distinctly Canadian– –not to turn a profit. As Canada’s public broadcaster, the CBC serves as an alternative to the relentless waves of American programming that flood north across the 49th parallel. The continued existence of the CBC is critical to the protection of a distinctly Canadian identity, and the Corporation deserves to continue to receive funding from the Canadian Government. As Canadians head to the polls on April 28, 2025, they will have an opportunity to vote on the future of the CBC and, in turn, the protection of Canada’s national identity

    Making Freedom of Contract Real

    No full text
    It is widely but incorrectly believed that commercially sophisticated parties are free to make whatever contracts they choose. Contracts contain a “procedural” part and a “substantive” part. The procedural part regulates how contracts function. Thus, offers must be communicated, certain terms must be written, contracts must be performed in good faith. The substantive part regulates the terms of trade. Thus, parties can trade ten green widgets for price p or 12 blue widgets for price q. The rules that constitute the procedural part are mandatory. This lecture focuses on three important procedural rules. The remedy rules require the promisor to transfer to a disappointed promisee the value the promisee would have realized from the transaction. Parties cannot contract to permit the promisor to pay less or require it to pay more. The interpretive rules authorize courts to admit all relevant and material evidence in order to find what the parties intended their contract to achieve. Courts ignore party requests to decide on less evidence—that is, to sacrifice accuracy for reduced trial costs. The modification rules prevent parties from restricting their right to modify even when banning modification would increase the parties’ expected gain. This lecture will argue that contract law’s mandatory rules should be reduced to defaults. Freedom of contract today thus exists only for a contract’s substantive part, but contracts also must satisfy two “enforcement constraints:” Courts will not enforce contracts unless they are procedurally just and not create externalities. The procedural justice constraint traditionally is satisfied when parties are sophisticated, reasonably informed and free from coercion. The no externalities constraint traditionally is satisfied when a contract’s performance would not impose material costs on non-parties. Scholars recently argued that contract law should contain a third constraint: Contracts must do substantive justice as between the parties. This constraint would require courts not to enforce a contract unless the parties were in roughly equal material and social circumstances; they negotiated with the goal of doing justice between them; and their contract would not worsen the circumstances of non-parties. Courts are becoming receptive to these claims. This lecture will argue to the contrary: Contract law should not add a substantive justice constraint. To summarize, sophisticated parties today are not free to decide how their contracts should be governed and their freedom regarding what to trade is increasingly threatened. To make freedom of contract “real,” the law should give these parties actual freedom over their commercial lives

    A History of Securities Fraud Scandals

    No full text
    James Park will discuss the history of securities fraud regulation. He will describe case studies of major securities fraud scandals from the 1970s to the present involving companies such as Penn Central, Apple, and Enron. The presentation covers the different ways that public companies commit fraud, why they commit securities fraud, and how regulation addresses the problem of securities fraud

    The Expressive Power of Protecting Intimate Privacy: A Comparative Study of Legal and Platform Measures

    No full text

    11,811

    full texts

    14,041

    metadata records
    Updated in last 30 days.
    Case Western Reserve University School of Law is based in United States
    Access Repository Dashboard
    Do you manage Open Research Online? Become a CORE Member to access insider analytics, issue reports and manage access to outputs from your repository in the CORE Repository Dashboard! 👇