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\u3ci\u3eMurphy’s \u3c/i\u3eLaw: For Attorney’s Fees Shifting Under the PLRA, Everything That Could Go Wrong Has Gone Wrong
Get PDF“This Lawsuit Smacks of Racism”: Disinformation, Racial Coding, and the 2020 Election
No full textThe essay exposes racism in the lawsuit filed by then U.S. President Donald Trump\u27s campaign that led to the 2021 Capitol Insurrection, discusses racial coding and voting rights realism and considers disinformation events and voter fraud myth on racist conduct during the 2020 presidential election
The Role of the Law in Native Sovereignty: A Comparison of Canadian and American Approaches to Sovereignty Student Articles and Notes
Get PDFSupply Chain Challenges for North America (Part 1)
No full textCanada-United States Law Institute, 46th Annual Conference, Opening and Award Ceremon
Supply Chain Challenges for North America (Part 2)
No full textSupply Chain Disruptions and Uncertaintie
Are Public Schools Becoming Constitution-Free Zones?
No full textRace, sex, religion, crime, liberty, patriotism, equality. The Supreme Court’s treatment of these incendiary topics has indelibly shaped public education and the constitutional rights of students around the country. Professor Justin Driver of Yale Law School maintains that since the 1970s, the Supreme Court has regularly abdicated responsibility in protecting students’ rights, risking transforming public schools into Constitution-free zones and in turn jeopardizing our basic constitutional order. How have courts evaluated corporal punishment, random drug tests, strip searches, and transgender students accessing restrooms? Join Justin Driver, author of The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind, as he analyzes these pressing legal questions regarding public schools and their place in American society. Speaker’s Bio
Justin Driver is the Robert R. Slaughter Professor of Law at Yale Law School. He teaches and writes in the area of constitutional law and is the author of The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind. The book was selected as a Washington Post Notable Book of the Year and an Editors’ Choice of The New York Times Book Review. The Schoolhouse Gate also received the Steven S. Goldberg Award for Distinguished Scholarship in Education Law, and was a finalist for the American Bar Association’s Silver Gavel Award and Phi Beta Kappa’s Ralph Waldo Emerson Book Award.
A recipient of the American Society for Legal History’s William Nelson Cromwell Article Prize, Driver has a distinguished publication record in the nation’s leading law reviews. He has also written extensively for general audiences, including pieces in Slate, The Atlantic, The New York Times, The New York Times Book Review, The Washington Post, and The New Republic, where he was a contributing editor. A member of the American Law Institute and of the American Constitution Society’s Academic Advisory Board, Driver is also an editor of the Supreme Court Review. In 2021, President Biden appointed Driver to serve on the Presidential Commission on the Supreme Court of the United States.
Previously, Driver was the Harry N. Wyatt Professor of Law at the University of Chicago. Driver is a graduate of Brown, Oxford (where he was a Marshall Scholar), Duke (where he received certification to teach public school), and Harvard Law School (where he was an editor of the Harvard Law Review). After graduating from Harvard, Driver clerked for then-Judge Merrick Garland, Justice Sandra Day O’Connor (Ret.), and Justice Stephen Breyer
Climate Change Goes to Court
No full textLast spring, the Supreme Court curtailed the Environmental Protection Agency\u27s authority to reduce greenhouse gas emissions from the power sector in West Virginia v. EPA. Additional lawsuits filed by state attorneys general and conservative groups challenge a wide swath of the Biden Administration\u27s climate policy initiatives, including the use of the social cost of carbon. At the same time, state and local governments have filed suit against fossil fuel companies in state courts, seeking compensation for local climate change impacts and seeking to hold such companies responsible for the consequences of consuming their products. These cases have been consumed by procedural wrangling, but could also end up in the Supreme Court soon. Join us for a discussion of these legal developments and how what happens in court will affect efforts to reduce greenhouse gas emissions and mitigate climate change. Speaker Bio
Jonathan H. Adler is the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law, where he teaches courses in environmental, administrative and constitutional law.
Professor Adler is the author or editor of seven books, including Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal and New York Times. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2021 study identified Professor Adler as the fifth most cited legal academic in administrative and environmental law from 2016 to 2020.
Professor Adler is a contributing editor to National Review Online and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight. Professor Adler is also a senior fellow at the Property & Environment Research Center in Bozeman, Montana.
In 2004, Professor Adler received the Paul M. Bator Award, given annually by the Federalist Society for Law and Policy Studies to an academic under 40 for excellence in teaching, scholarship, and commitment to students. In 2007, the Case Western Reserve University Law Alumni Association awarded Adler their annual Distinguished Teacher Award. In 2018, Professor Adler was elected to membership of the American Law Institute.
Prior to joining the faculty at Case Western Reserve, Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit. From 1991 to 2000, Adler worked at the Competitive Enterprise Institute, a free market research and advocacy group in Washington, D.C., where he directed CEI\u27s environmental studies program. He holds a BA magna cum laude from Yale University and a JD summa cum laude from the George Mason University School of Law
The Global Challenge of Institutional Change
No full textEvent Description
In a conversation with School of Law Co-Dean Michael Scharf, President Hiram Chodosh of Claremont McKenna College will reflect on 30 years of professional experience in institutional change in two domains: legal system reform and higher education innovation. From his field work and scholarship in India on civil justice delay, in Indonesia on corruption and in Iraq on constitutional reform, to his current leadership on the big educational issues of access and affordability, freedom of expression, integrated sciences, and others, this dialogue will explore how can we do better at facing our challenges and improving the performance of our vitally important local and global institutions. President Chodosh returns to his first academic home here at Case Western Reserve to reflect, learn and engage.
Lunch will be provided. Speaker’s Bio
Since 2012, Hiram Chodosh has served as the president of Claremont McKenna College (CMC) in California, one of the nation’s top ranked liberal art colleges. Before joining CMC, he was Dean at the University of Utah S.J. Quinney College of Law and the Hugh B. Brown Endowed Presidential Professor. Before his tenure in Utah, Chodosh taught here at CWRU School of Law for 13 years, during which time he directed the Frederick K. Cox International Law Center (1998-2006), served as associate dean (2003-2006), and held the Joseph C. Hostetler–Baker & Hostetler chair.
Renowned for innovation in several domains, Hiram Chodosh has worked on reform projects or studies in more than a dozen countries. He has played a central role in the growth of mediation in India, where he was a Fulbright Senior Scholar in 2003. He founded and directed Global Justice Project: Iraq under a $10.4 million grant (2008–10) from the U.S. Department of State. He has served in advisory positions on justice reform for the World Bank Justice Reform Group, the International Monetary Fund Legal Department, and many court systems, non-profit organizations, and national commissions. In 2011, Chodosh was named a recipient of the Gandhi Peace Prize, and in 2013, he was recognized as one of the 25 most influential legal educators in the country.
President Chodosh’s publications include Challenged Justice: In Search of Judicial Independence (with Shimon Shetreet and Eric Helland, Brill Nijhoff, 2021); Uniform Civil Code of India: A Blueprint for Scholarly Discourse (with Shimon Shetreet, Oxford University Press, 2016); Law in Iraq: A Document Companion (with co-editor Chibli Mallat, Oxford University Press, 2013); and Global Justice Reform: A Comparative Methodology (2005, NYU Press).
Under President Chodosh’s leadership, CMC has dramatically expanded opportunity for students from under-resourced families (over 50% increase in enrolled Pell-eligible students, and over 100% increase in those first in their families to attend college). CMC achieved several top national rankings last year, including for the protection of freedom of speech (Foundation for Individual Rights in Education) based on the success of CMC’s Open Academy, financial strength (Forbes), and return on investment (Forbes) based on the actual cost of attendance and post-graduate salaries. CMC has also developed a next generation approach to undergraduate science education through the launch of the Kravis Department of Integrated Sciences, and its iconic home, the Robert Day Sciences Center, and doubled the size of its campus through plans for the new Roberts Campus. President Chodosh has led the Campaign for Responsible Leadership, already breaking the previous liberal arts national record to fund these initiatives
Climate Change Returns to the Supreme Court: The Issues and Stakes in West Virginia v. Environmental Protection Agency
No full textLisa Heinzerling, Justice William J. Brennan, Jr., Professor of Law, Georgetown University Law Center
James Coleman, Robert G. Storey Distinguished Faculty Fellow and Professor of Law, SMU Dedman School of Law
On Feb. 28, 2022, the U.S. Supreme Court will hear oral arguments in West Virginia v. Environmental Protection Agency, the latest legal challenge to the EPA’s authority to regulate greenhouse gas emissions under the Clean Air Act. The central issue in the case is the scope of the agency’s authority to control greenhouse gas emissions from the power sector, and whether EPA regulations may rely upon or require broader changes in the utility sector to reduce emissions.
In addressing this issue, the Court has been asked to consider the“major questions” doctrine, and a resulting decision could have far-reaching implications for climate policy, environmental law and the continued vitality of the federal administrative state. Please join us for this one-hour webinar in which Professors Heinzerling and Coleman will unpack the legal issues confronting the Court, and their implications for climate policy and administrative
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