CWRU Law School Faculty Publication 1970 - Now

This volume The Culture of Judicial Independence in a Globalised World is an academic continuation of the previous three volumes: Judicial Independence: The Contemporary Debate, edited by Professor Shimon Shetreet and Chief Justice Deschenes (Brill/Nijhoff, 1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges, edited by Professor Shimon Shetreet and Professor Christopher Forsyth (Brill/Nijhoff, 2012), and The Culture of Judicial Independence: Rule of Law and World Peace edited by Professor Shimon Shetreet (Brill/Nijhoff, 2014). This volume offers papers and studies by academics, judges and practitioners from many jurisdictions on judicial independence - both national and international.

Offering a unique resource for students, scholars, and citizens, this work fully explains all of the 21 enumerated powers of the U.S. Congress, from the "power of the purse" to the power to declare war. * Presents comprehensive coverage of all congressional powers through authoritative essays by recognized experts * Enables readers to connect the long-ago goals and perspectives of the Founding Fathers to current issues and controversies * Facilitates a fully contextualized understanding of the legislative power of Congress--and the extent and limitations of leverage that it can wield on domestic and foreign policy * Provides an accessible gateway to further, more detailed research of each of the individual congressional powers * Includes appendices containing the full texts of the Articles of Confederation and Perpetual Union and the Constitution of the United States

This Research Handbook explores issues related to the principle of exhaustion of intellectual property rights. To date, the application of this principle continues to vary from country to country, and there is increasing pressure to clarify the extent of its application both at the national level and in the context of international trade with respect to parallel imports. Notably, from the Americas to the European Union, Asia-Pacific, and Africa, courts and policy makers are asking similar questions: Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the 'Internet of things' redefined the concept of exhaustion in cyberspace?The goal of this book is to explore these questions. The book also highlights how a one-size answer may not fit all the current challenges that the courts and policy makers are facing in this area.This Research Handbook will be of interest to academics, judges and other practitioners looking for an in-depth study on the topic, offering both of detailed analysis of the current state of play, and a discussion of the challenges that arise on a global scale.

Adjudicative tribunals in both criminal and non-criminal cases rely on the concept of the 'burden of proof' to resolve uncertainty about facts. Perhaps surprisingly, this concept remains clouded and deeply controversial. Written by an internationally renowned scholar, this book explores contemporary thinking on the evidential requirements that are critical for all practical decision-making, including adjudication. Although the idea that evidence must favor one side over the other to a specified degree, such as 'beyond reasonable doubt', is familiar, less well-understood is an idea associated with the work of John Maynard Keynes, namely that there are requirements on the total amount of evidence considered to decide the case. The author expertly explores this distinct Keynesian concept and its implications. Hypothetical examples and litigated cases are included to assist understanding of the ideas developed. Implications include an expanded conception of the burden of producing evidence and how it should be administered.

In recent years, the Supreme Court appears to have taken a greater interest in "business" issues. Does this reflect a change in the Court's orientation, or is it the natural outcome of the appellate process? Is the Court "pro-business"? If so, in what ways do the Court's decisions supportbusiness interests and what does that mean for the law and the American public? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence. In this volume, prominent academics examine the Roberts Court's handling of business-related cases,through a series of empirical and doctrinal analyses. Issues covered include securities law, antitrust, labor law, preemption, and environmental law, among others. Business law and regulatory cases touch on many important legal doctrines and can have far-reaching effects. Understanding the bases upon which the Supreme Court decides business-related cases is of tremendous importance to practitioners and academics. It can also further greater understanding ofone of the nation's most important government institutions. These issues are of interest to academics, but also of practical importance to Supreme Court and business practitioners.

Learn about the latest developments in evidence law, including evidentiary issues posed by fax and e-mail, scientific and polygraph evidence, and more.

Written by the Director for the newly created Center for Cyberspace Law & Policy at Case Western Reserve University, the Fourth Edition of Cyberspace Law: Cases and Materials reflects the broad knowledge and experience of a pioneer in the teaching of Cyberspace law. This was the first casebook devoted exclusively to the study of cyberspace law, and is the only one that presents it as the study of the creation, dissemination, and acquisition of human thought, creativity, and information in the digital age.

This book helps readers gain an in-depth understanding of electronic health record (EHR) systems, medical big data, and the regulations that govern them. It analyzes both the shortcomings and benefits of EHR systems, exploring the law's response to the creation of these systems, highlighting gaps in the current legal framework, and developing detailed recommendations for regulatory, policy, and technological improvements. Electronic Health Records and Medical Big Data addresses not only privacy and security concerns but also other important challenges, such as those related to data quality and data analysis. In addition, the author formulates a large body of recommendations to improve the technology's safety, security, and efficacy for both clinical and secondary (such as research) uses of medical data.

An argument for retaining the notion of personal property in the products we "buy" in the digital marketplace. If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that you don't own those purchases, you merely license them. That means your ebook vendor can delete the book from your device without warning or explanation--as Amazon deleted Orwell's 1984 from the Kindles of surprised readers several years ago. These readers thought they owned their copies of 1984. Until, it turned out, they didn't. In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property. Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.

An encyclopedic legal guide to practical procedure.

This softcover volume, Rules of Evidence Handbook, is a quick reference to the Ohio Rules of Evidence. Authors' expert comments shed light on each rule of Ohio evidence, emphasizing changes in the rules, as well as their application and interpretation by the Ohio courts since 1980.

From publisher: "Providing a comprehensive criminal law reference for use in court, office, classroom, or police cruiser, Ohio Criminal Laws and Rules is written for everyone involved with Ohio’s criminal justice system. Contents include the full text of Ohio Revised Code Title 29 and selected provisions of the Ohio Constitution..."

The Law of Patents, Fourth Edition is a comprehensive casebook on the law of patents that features helpful introductory text, technologically-accessible cases, detailed comments, comparative and policy perspectives, and statutes. Key Features of the New Edition: * Up-to-date Federal Circuit and Supreme Court case law, including Nautilus, Alice, Teva, Williamson, and Lexmark * Detailed substantive comments following the principal cases * More statistics and charts, particularly relating to USPTO decision making and PTAB inter partes review * Enhanced Policy and Comparative Perspectives

From publisher: "Ohio Appellate Practice provides fast answers to questions about appellate practice in Ohio, as well as in-depth analysis of all of the most recent caselaw, rules, and statutes governing it. The text covers all aspects of practice..."

From the publisher: "In Ohio Arrest, Search and Seizure, a nationally recognized Fourth Amendment authority examines the balance of an individual's rights with legitimate law enforcement procedures, as reflected in decisions of the U.S. Supreme Court, Ohio criminal rules and statutes, and state caselaw. This basic reference on Ohio criminal procedure interprets new trends and developments while addressing facts and holdings in more than 800 cases.."

From the publisher: "Ohio Juvenile Law is a straightforward treatise containing selected provisions of the state revised code and rules of procedure and covering all major aspects of juvenile law..."

From publisher: Ohio School Law contains the authors' text from Baldwin's Ohio School Law in a handy format, with cross-references to federal and state statutes and caselaw. Expert commentary is geared to your practical needs, and it discusses all aspects of Ohio school law, with special emphasis on topics of current concern..."

This book and its companion, Q&A: Criminal Procedure - Police Investigation, will assist learning and exam preparation in criminal procedure courses and for the bar exam. This volume covers discretion to prosecute, bail, complaint, initial appearance, preliminary hearing, grand jury, plea bargaining, joinder and severance, motion practice, discovery, time limitations, jurisdiction and venue, trial, double jeopardy, and post-conviction remedies.

This book and its companion, Q&A: Criminal Procedure - Prosecution and Adjudication, will assist readers' learning and exam preparation in criminal procedure courses and for the bar exam. This volume covers arrest, search and seizure, interrogation, identification, suppression issues, and entrapment.