Case Western Reserve Law Review

Articles from Vol. 61, No. 1, Fall

A Lose-Lose Situation: Analyzing the Implications of Investigatory Pretexting under the Rules of Professional Responsibility
INTRODUCTION Chief Deputy District Attorney Mark Pautler lied. He told William Neal that his name was "Mark Palmer" and that he was a public defender. This lie was not without admirable motivation; however, it secured the surrender of a man who...
Comparative Tales of Origins and Access: Intellectual Property and the Rhetoric of Social Change
ABSTRACT This Article argues that the open-source and antiexpansionist rhetoric of current intellectual-property debates is a revolution of surface rhetoric but not of deep structure. What this Article terms "the Access Movements" are, by now, well-known...
Does Immunity Mean Impunity? the Legal and Political Battle of Household Workers against Trafficking and Exploitation by Their Foreign Diplomat Employers
"To some, human trafficking may seem like a problem limited to other parts of the world. In fact, it occurs in every country, including the United States, and we have a responsibility to fight it just as others do." (1) Secretary of State, Hillary...
Graduated Consent in Contract and Tort Law: Toward a Theory of Justification
ABSTRACT We often speak of consent in binary terms, boiling it down to "yes" or "no." In truth, however, consent varies by degrees. We tend to afford expressly consensual transactions more respect than transactions backed by only implied consent,...
Immaterial Lies: Condoning Deceit in the Name of Securities Regulation
ABSTRACT The financial crisis of 2008 is raising the issue of investor trust and confidence in the market once again. Investors are questioning how managers could have taken such significant risks in the subprime-lending and credit-default-swap...
Lawyer Independence: From Ideal to Viable Legal Standard
ABSTRACT When, if ever, does a lawyer have an obligation to exercise independent judgment? While the question drives at the deepest commitments of the profession, it has been left largely unexplored in our leading treatises on legal ethics and lawyering....
Morris Shanker
How appropriate to honor Morris G. (Morry) Shanker by dedicating an issue of the Case Western Reserve Law Review to him! Morry has devoted the substantial part of his professional career (forty-nine years!) to our law school, and the school is much...
Professor Morris Shanker
Reflecting on the career of Case Western Reserve University's ("CWRU") John Homer Kapp Professor of Law Morris G. Shanker gives me the opportunity to say thank you to a scholar who, I have come to realize, was not only an excellent teacher but also...
Professor Morris Shanker
Morry Shanker began teaching at the Western Reserve Law School shortly after the creation of the Western Reserve. In fact, had Moses Cleaveland not elbowed his way to the front of the boat in 1795, Professor Shanker would have been the first surveyor...
Professor Shanker
When I joined the faculty in 1973, all my colleagues called Professor Shanker "Morry." It took a while for me to get used to doing that because I was his student in four commercial law classes. He remained Professor Shanker--the one who talked about...
The Legacy of Granholm V. Heald: Questioning the Constitutionality of Facially Neutral Direct-Shipping Laws
So I dreamed: Wouldn't it be terrific if I could be the heroine who stems the tide, slows the overwhelming production of hormonally overblown or sanitized wines--the ones that the world's most famous wine critic is credited with championing? If only...
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