Case Western Reserve law review最新文献

{"title":"[\"Coming Out and Being Out In the Executive Suite: The Experiences of Senior Gay and Lesbian Leaders\"]","authors":"E. Lutzo, S. Perelli, Diana Bilimoria","doi":"10.5465/AMBPP.2012.13756ABSTRACT","DOIUrl":"https://doi.org/10.5465/AMBPP.2012.13756ABSTRACT","url":null,"abstract":"Research on experiences of gays and lesbians in the executive suite is almost non-existent. We conducted, to our knowledge, the first empirical study specifically focused on gay and lesbian senior ...","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"2012 1","pages":"13756"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70696343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Emerging Patterns in 21st Century Leadership: An Exploration of Generational Normative Collisions","authors":"Donna L. Haeger, Tony Lingham","doi":"10.5465/AMBPP.2012.11097ABSTRACT","DOIUrl":"https://doi.org/10.5465/AMBPP.2012.11097ABSTRACT","url":null,"abstract":"In the current work environment, younger workers in leadership positions are overseeing workers much older than themselves. Few empirical studies have focused on the emerging patterns of leadership...","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"2012 1","pages":"11097"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70696258","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Successful Alignment of MBA Curriculum: A Product of Attentional Change","authors":"Laurie A. Branch, Tony Lingham","doi":"10.5465/AMBPP.2012.190","DOIUrl":"https://doi.org/10.5465/AMBPP.2012.190","url":null,"abstract":"This study examines the factors influencing business schools’ decision to materially change their full-time MBA curriculum. Our qualitative study is based on 29 interviews with faculty and administ...","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"2012 1","pages":"1-1"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70696426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reproductive Health as a Human Right","authors":"Lance Gable","doi":"10.2139/SSRN.1865841","DOIUrl":"https://doi.org/10.2139/SSRN.1865841","url":null,"abstract":"The human rights paradigm provides an important perspective on the relationship between reproduction and health as well as an essential tool for ensuring that reproductive health is achieved and reproductive rights are protected. Indeed, this relationship can be characterized as creating a discrete human right to reproductive health. International human rights law does not carve out an explicit right to reproductive health, but different aspects of this right can be assembled from the foundation of numerous human rights principles as applied to reproductive health. This article explores the many ways that reproductive health can be perceived as a human right. The human right to reproductive health arises in part from the complex, interwoven relationship between reproductive rights and the right to health. Reproductive health can be framed as a human right based upon its centrality to human functioning, its contribution to overall human health, its interconnectedness with numerous human rights, or its relationship with social factors involving sexuality, gender, and power. The right to reproductive health should be recognized as a distinct human right and not merely as a subcomponent of the right to health or as one of several rights included within a generalized collection of reproductive rights. While reproductive health rights do indeed exist at the intersection of discourses about reproductive rights, the right to health, and other human rights, conceptualizing reproductive health as a human right acknowledges the fundamental importance of reproductive health in achieving overall health. Likewise, reproductive health rights interact with and influence the attainment of many other human rights. Framed as a distinct human right, the right to reproductive health grants individuals a specific claim to all of the aspects of this right and obligates states to respect, protect, and fulfill this right. Recognition of a broad and nuanced understanding of the right to reproductive health within human rights frameworks would significantly bolster reproductive health outcomes and the rights of women and men to make reproductive decisions. The approach adopted in this article diverges in focus to some extent from much of the existing commentary on reproductive rights, which often centers on rights protecting reproductive decisional autonomy and gives less consideration to issues of reproductive health. By presenting a contrasting model that primarily focuses on reproductive health, this article highlights the specific human rights aspects of reproductive health, assesses the effect of reproductive health on human rights as well as the effect of human rights on reproductive health, and substantiates the claim that reproductive health is a human right.","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"60 1","pages":"957"},"PeriodicalIF":0.0,"publicationDate":"2011-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.1865841","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67765168","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Defamation of Religion: Rumors of Its Death are Greatly Exaggerated","authors":"Robert C. Blitt","doi":"10.2139/SSRN.2040812","DOIUrl":"https://doi.org/10.2139/SSRN.2040812","url":null,"abstract":"This Article explores the recent decisions by the United Nations (“UN”) Human Rights Council and General Assembly to adopt consensus resolutions aimed at “combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief.” These resolutions represent an effort to move past a decade’s worth of contentious roll call votes in favor of prohibiting defamation of religion within the international human rights framework. Although labeled “historic” resolutions, this Article argues that the UN’s new compromise approach endorsed in 2011 — and motivated in part by the desire to end years of acrimonious debate over the acceptability of shielding religious beliefs from insult and criticism — is problematic because it risks being exploited to sanction the continued prohibition on defamation of religion and perpetuation of ensuing human rights violations on the ground.After briefly considering the history of defamation of religion at the UN and the strategies employed by its principal proponent, the Organization of Islamic Cooperation (“OIC”), this Article turns to an assessment of the UN Human Rights Council’s 2011 consensus Resolution 16/18. In light of the resolution’s objectives, this Article explores the viability of the new international consensus around “combatting intolerance” and tests to what extent, if any, the concept of defamation of religion may be waning in practice. To this end, this Article weighs statements, resolutions, and other undertakings of the OIC and its member states with a particular emphasis on activities that follow the adoption of Resolution 16/18.Based on this analysis, the Article concludes that the resolutions on combatting intolerance passed in 2011 represent a Clausewitzian moment for many governments, particularly among OIC member states. Essentially, support for the new international consensus on combatting intolerance represents a cynical and strategic decision to continue the campaign to legitimate a ban on defamation of religion by other means. Accordingly, even if defamation of religion per se is on hiatus from the UN, absent additional measures — including a decisive repudiation of the concept’s validity — further international efforts to implement measures for combatting intolerance risk enabling an alternative framework in which governments continue justifying, in the name of protecting religious belief, domestic measures that punish the exercise of freedom of expression and freedom of thought, conscience, and religion or belief.","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"62 1","pages":"347"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67875487","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"From Swamp Drainage to Wetlands Regulation to Ecological Nuisances to Environmental Ethics","authors":"J. Nagle","doi":"10.2139/SSRN.1346983","DOIUrl":"https://doi.org/10.2139/SSRN.1346983","url":null,"abstract":"This essay shows how ecological nuisances should be accepted under longstanding principles of nuisance law. Ecological nuisances build upon the flexible history of nuisance law's response to changed attitudes toward interferences with land use. I use the example of wetlands to illustrate ecological nuisances. Wetlands are an especially appropriate example because they are featured in many recent environmental disputes, and because the societal understanding of wetlands has changed so dramatically during the past century. On the other hand, a theory of ecological nuisances is not limited to wetlands. Ecosystems of all types provide services, and the interference with those services could constitute a nuisance. I begin by describing the swamps that were the bane of societal-including judicial-thought during the late nineteenth century period when Wood wrote his famous nuisance law treatise. Next I review J.B. Ruhl's argument for nuisance law's recognition of the ecosystem services provided by wetlands. I then turn to how theories of environmental ethics - focusing upon the recent work of both Christian writers and legal scholars - can aid an evaluation of ecological nuisances and other legal regulation of wetlands. The essay concludes that ecological nuisances should not be the law's only response to the study of ecosystem services, but they offer a valuable tool that is available to individual landowners as they continue to work out their own understanding of the ethical values of their land.","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"58 1","pages":"787"},"PeriodicalIF":0.0,"publicationDate":"2009-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68167250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Valuing the Waiver: The Real Beauty of Ex Ante Over Ex Post","authors":"R. Hockett","doi":"10.2139/SSRN.1309722","DOIUrl":"https://doi.org/10.2139/SSRN.1309722","url":null,"abstract":"Irony abounds in connection with demands and proposals made, in the wake of the Enron, Worldcom, and other corporate scandals, that firms be required or encouraged to waive attorney-client privilege. Justice Department officials speak to the importance of \"getting at the truth\" as trumping firms' interest in confidential internal communications as a prerequisite to compliance with law. They do so notwithstanding their own contrary arguments made on behalf of the secretive Bush administration that employs them. Corporate officers, for their part, speak as though Ralph Nader were the Attorney General when they denounce waiver proposals. They do so notwithstanding the business-friendly nature of the Bush administration. In this essay I suggest that, since what is actually at stake in these waiver debates is value for shareholders, the securities markets, if informationally efficient, are the most apt evaluators of particular firms' waivers of privilege. Provided that the semi-strong form of the efficient capital markets hypothesis is indeed well supported as the literature suggests, share-price response to voluntary ex ante waiver will be the optimal indicator of whether, and how much, waivers of privilege inure to the good or the ill of particular firms.","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"57 1","pages":"381"},"PeriodicalIF":0.0,"publicationDate":"2008-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68161315","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Low Road to Cy Pres Reform: Principled Practice to Remove Dead Hand Control of Charitable Assets","authors":"Rob Atkinson","doi":"10.2139/SSRN.845927","DOIUrl":"https://doi.org/10.2139/SSRN.845927","url":null,"abstract":"This paper deals with practical, if unorthodox, means for removing dead hand control of charitable assets: unilateral trustee disregard of dead hand restrictions, collaboration with state attorneys general to remove such restrictions without recourse to judicial action, purchase of control from private parties, and invocation of the power of eminent domain. Although these measures fall far short the general elimination of dead hand control that I have advocated elsewhere, their cumulative effect should be to erode such control, even as they free charitable assets in particular cases.","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"58 1","pages":"97"},"PeriodicalIF":0.0,"publicationDate":"2005-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.845927","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67841610","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rewinding Sony: The Evolving Product, Phoning Home and the Duty of Ongoing Design","authors":"Randal C. Picker","doi":"10.2139/SSRN.692746","DOIUrl":"https://doi.org/10.2139/SSRN.692746","url":null,"abstract":"The emergence of distributed storage, machine intelligence and cheap communications has given rise to the networked product. These are products that can evolve even after versions of the product have been put into the hands of consumers. The most interesting consumer products of the day are networked products. This includes the natural successor to the VCR - whether the plain digital video recorder or the TiVo favored by the digerati - and the ubiquitous iPod and its less chic cousin MP3 players. This category also includes peer-to-peer software in its various forms, whether as Napster, Aimster or Grokster. More than twenty years have passed since the Supreme Court confronted the VCR in the Sony case. The substantial noninfringing use test has both virtues and vices. It has provided a safe harbor for product innovation. It makes it possible for a creator to toss a product onto the waters to see what happens, having only a vague sense of what will happen next. But Sony also provides no reason for a creator to design products to eliminate infringing uses. The core fight over Sony turns precisely on the uncertainty of what happens next: what is the next use of the product not seen today? But Sony is framed in the context of episodic design with an installed-base constraint and no real possibility of feedback between actual use of the product and design. We are at a very different point now. Networked products evolve and we are now going to frame what ongoing design obligations should exist with regard to these networked products. Once we combine software with communication to create networked products we then have products that can evolve in real-time (and do). Smart products phone home and update themselves. Phoning home - and the control that results from that - is a choice and one that designers of networked products make every day. Design ceases to be a one-time event and instead becomes a continuous process. And that is true not only for the next product sold, but also for the entire installed base. The dead hand of the past and the constraints of backwards compatibility are lifted. We need to update the Sony test to reflect these possibilities. If the producer chooses to let go of a networked product so that the producer cannot exercise control going forward and therefore cannot evolve the product in response to actual use, the producer should face a hard use test, perhaps one tied to whether the primary use of the product is noninfringing. If instead the producer ensures that the product can phone home so that updates can be promulgated throughout the system for the networked product, the producer should face a substantial non-infringing use test, coupled with the duty to evolve the product to eliminate infringing uses.","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"55 1","pages":"749"},"PeriodicalIF":0.0,"publicationDate":"2005-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67803599","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Things and Law","authors":"M. J. Madison","doi":"10.2139/ssrn.709121","DOIUrl":"https://doi.org/10.2139/ssrn.709121","url":null,"abstract":"","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"47 5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67808576","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}