CWRU Law Faculty Publications and Placements, 2021–2022

Sign reads George Gund Hall School of Law

CWRU School of Law faculty members regularly publish books, book chapters, journal articles and briefs. Here are some of the most recent to appear.

Bryan Adamson

“Tribute to Professor Peter M. Gerhart,” 72 Case Western Reserve Law Review 267 (2021).

Jonathan H. Adler

“A Progressive Defense of Cost–Benefit Analysis,” Regulation (Summer 2022)  (book review).

“Displacement and Preemption of Climate Nuisance Claims,” Journal of Law, Economics & Policy (forthcoming 2022).

“Super-Deference and Heightened Scrutiny,” Florida Law Review (forthcoming 2022).

“Year One Review of the Biden Administration,” 52 Environmental Law Reporter 10257 (2022).

“A ‘Step Zero’ for Delegations,” The Administrative State before the Supreme Court: Perspectives on the Nondelegation Doctrine (Wallison & Yoo eds., 2022).

“The Legal and Administrative Risks of Climate Regulation,” 51 Environmental Law Reporter 10485 (2021).
“The Administrative Presidency Encounters Opportunistic Federalism,” (Review of F. Thompson, K. Wong, & B. Rabe, Trump, the Administrative Presidency, and Federalism), Regulation (Winter 2021-22).
“Markets and Dematerialization,” (Review of A. McAfee, More From Less: The Surprising Story of How We Learned to Prosper Using Fewer Resources – and What Happens Next), Regulation (Winter 2021-22).

“The Law of ‘. . . Or Else’” (Review of P. Hamburger, Purchasing Submission: Conditions, Power, and Freedom), National Review, Dec. 27, 2021.

Anat Alon-Beck

“Dual Fiduciaries, Corporate Law and Unicorns,” in A Research Agenda for Corporate Law (Christopher Bruner and Marc Moore, eds.) (forthcoming 2023).  

“Mythical Unicorns and How to Find Them: The Disclosure Revolution,” Columbia Business Law Review (forthcoming 2022) (with John Livingstone).

“Bargaining Inequality: Golden Handcuffs and Asymmetric Information,” Maryland Law Review (forthcoming 2022).

“A Duty to Diversify,” 75 Vanderbilt Law Review En Banc 97 (2022) (with Michal Agmon-Gonnen and Darren Rosenblum).

“No More Old Boys’ Club: Institutional Investors’ Fiduciary Duty to Advance Board Gender Diversity,” 55 UC Davis Law Review 445 (2021) (with Michal Agmon-Gonnen and Darren Rosenblum).

Jessica Berg

“Tribute to Professor Peter M. Gerhart,” 72 Case Western Reserve Law Review 249 (2021) (with Michael Scharf).

Juscelino F. Colares

“The Consistently Inconsistent, GATT-Violating EU Labeling of Israeli Food Imports” (pending peer review, forthcoming, 2022).

Restructuring Trade Agreements (Wolters Kluwer, August 2021).

Joseph Custer

“Political Climate and Catastrophes: The Effects of Notorious Events on Public Library Collections, Both Then and Now,” 59 Indiana Law Review 79 (2021).

Melvyn R. Durschlag

“Tribute to Professor Peter M. Gerhart,” 72 Case Western Reserve Law Review 251 (2021).

Jonathan Entin

“Court Packing and Judicial Independence: An American Perspective,” in Measuring Justice: Efficiency, Quality, and Independence (Shimon Shetreet et al. eds., forthcoming).

“Conservation Easements, the Internal Revenue Service, and the Administrative Procedure Act,” Journal of Taxation of Investments (forthcoming).

“Introduction to Symposium on AEDPA and the PLRA After 25 Years,” 72 Case Western Reserve Law Review (forthcoming 2022).

“Sidney Picker: Legal Architect,” 71 Case Western Reserve Law Review 1233 (2021).

“Supreme Court Appointments in Presidential Election Years: The Case of John Hessin Clarke,” 42 Cardozo Law Review 2961 (2021).

“Ruth Bader Ginsburg: An Appreciation,” 42 Cardozo Law Review 2991 (2021).

“The American Rescue Plan and State Tax Cuts,” Journal of Taxation of Investments, Summer 2021, at 15.

“Over the Top: Judges, Lawyers, and COVID-19 Rhetoric,” 31 Health Matrix 51 (2021).

“Family Ties and Judicial Independence,” in Challenged Justice: In Pursuit of Judicial Independence 270 (Shimon Shetreet et al. eds., 2021).

Shannon French

“War and Technology: Should Data Decide Who Lives, Who Dies?” Ethics in the AI, Technology, and Information Age (Boylan, M. and Teays, W., eds.; Rowman & Littlefield Publishers) (forthcoming 2022).Ayesha Bell Hardaway

“Creating Space for Community Representation in Police Reform Litigation,” 109 Georgetown Law Journal 523 (2021).

Peter M. Gerhart

Contract Law and Social Morality (2021).

“Teaching Tort Myths,” 72 Case Western Reserve Law Review 273 (2021).

“Concepts All the Way Down,” 72 Case Western Reserve Law Review 399 (2021).

Paul Giannelli

Ohio Rules of Evidence Handbook (West Co. 2021).

“Tribute to Professor Peter M. Gerhart,” 72 Case Western Reserve Law Review 271 (2021).

Brian Gran

Children’s Rights and Independent Children’s Rights Institutions, (Brian Gran & Agnes Lux, eds., Emerald Press 2022).

Sociology of Children’s Rights (Polity Press 2021).

“Pandemic Perils of Migrant Workers—Inequalities Intensified?” in Rapid Response on COVID-19 (Cambridge University Press, 2021) (with Reema Sen).
“An Organization's role in anchoring community health: How for-profit hospitals balance corporate and social responsibility,” Qualitative Research in Health (2021) (with K. Choyke, C. Cronin, V. Rodriguez, and B. Franz).
“For-Profit Hospitals Have a Unique Opportunity to Serve as Anchor Institutions in the U.S.” 22 Preventive Medicine Reports 101372 (2021) (with C. Cronin, F. Franz, K. Choyke, and V. Rodriguez). 
“Disability and Human Rights: The Right to Benefit from Scientific Progress,” in Edgar Handbook on Disability Policy (forthcoming) (with A. Bryden, J. & French, J.). 
“Researching Children’s Rights in Pursuit of Social Change,” in Research Handbook on Intersectionality (forthcoming) (with C. Ngana).
“Disability Rights and Social and Economic Participation,” in Oxford Handbook on the Sociology of Disability (forthcoming) (with A. Bryden).
“The European Network of Ombudspersons for Children,” in Children’s Rights and Independent Children’s Rights Institutions (2022) (with R. Shura).
“Why the United States Needs a National Children’s Rights Ombudsperson,” in Children’s Rights and Independent Children’s Rights Institutions (2022).
“A Proposal for Indicators of the Human Right to Science,” in The Human Right to Science, Then and Now (2021) (with A. Boggio).
“A World Society Analysis of the Rights of Unaccompanied Children,” in Rights of Unaccompanied Minors (2021).
“Pandemic Perils of Migrant Workers—Inequalities Intensified?” in Rapid Response on COVID-19 (2021) (with R. Sen).

Ayesha Bell Hardaway

“The Rise of Police Unions on the Back of the Black Freedom Movement” Connecticut Law Review (forthcoming 2022).

Jessie Hill

“Due Process, Delegation, and Private Veto Power,” 108 Iowa Law Review (forthcoming 2023).

“Uprooting Roe,” 12 Houston Law Review Online 50 (2022) (with Mae Kuykendall).

“Look Who’s Talking: Conscience, Complicity, and Compelled Speech,” 97 Indiana Law Journal (forthcoming 2022) (symposium article).

“Right to Decisional Privacy,” in Laws of Medicine: Core Legal Aspects for the Healthcare Professional (Amirala Pasha & Catherine London eds., Springer Publishing forthcoming 2022).

“The Geography of Abortion Rights,” 109 Georgetown Law Journal 1081 (2021).

Sharona Hoffman

Aging with A Plan:  How A Little Thought Today Can Vastly Improve Your Tomorrow, Second Edition, (First Hill Books, 2022).

“Vulnerable Populations and Vaccine Injury Compensation: The Need for Legal Reform,” (with Katharine Van Tassel) in COVID-19 and the Law: Disruption, Impact and Legacy (I. Glenn Cohen et al., eds. Cambridge University Press 2022).

“Sharing Clinical Notes Potential Medical-Legal Benefits and Risks,” 327 JAMA (2022) (with Charlotte Blease and I. Glenn Cohen).

“Cognitive Decline and the Workplace,” Wake Forest Law Review (forthcoming 2022).

“The Limited Reach of the HIPAA Security Rule,” The Regulatory Review, Aug. 16, 2021.

“Covid-19 Vaccine Injuries — Preventing Inequities in Compensation,” 384 New England Journal of Medicine e34-36 (March 11, 2021) (with Katharine Van Tassel and Carmel Shachar).

“The Emerging Hazard of AI‐Related Health Care Discrimination,” 51 The Hastings Center Report 8-9 (2021).

“Professional Speech at Scale,” 55 UC Davis Law Review (with Cassandra Burke Robertson, forthcoming 2022).

“COVID-19 Calls for Reassessment of Senior Care,” Daily Progress, Jan. 17, 2022.

“What ‘Solo Agers’ Should Know About Planning for the Future,” AgingCare, Jan. 14, 2022.

“Artificial Intelligence and Discrimination Based on Prediction of Future Illness” in Deep Diving into Data Protection 1979-2019: Celebrating 40 Years of Privacy and Data Protection at the CRIDS 365-79 (Larcier 2021) (with Mariah Dick).

Daniel Jaffe

Baldwin’s Ohio School Law (with Wm. Michael Hanna, Michael Sharb, and Richard Manoloff) (2021-22 ed.)

Erik Jensen

“Recent Developments Affecting the SALT Cap, Including an Appellate Court Decision Upholding the Cap's Constitutionality,” Journal of Taxation of Investments, Winter 2022, at 65.

Lewis Katz

“Ohio Arrest Search and Seizure”  (29th edition Thomson/Reuters 2021).
“Ohio Criminal Laws and Rules” (with Paul Giannelli) (Thomson/Reuters 2021).

“Criminal Law” (with Paul Giannelli, John Martin and Jay Macke) (2021 Supplement Thomson/Reuters).

Charles Korsmo

“The Single-Owner Standard and the Public-Private Choice,” Journal of Corporation Law (forthcoming 2022).

“What do Stockholders Own? The Rise of the Trading Price Paradigm in Corporate Law” Journal of Corporation Law (forthcoming 2022).

“Information Bundling, Disclosure, and Judicial Deference to Market Valuations,” 62 Boston College Law Review 571 (2021).

Juliet Kostritsky

“A Paradigm Shift in Comparative Institutional Governance: The Role of Contract in Business Relationships and Cost/Benefit Analysis,” 2021 Wisconsin Law Review 385

Raymond Ku

“Free Speech & Abortion: The First Amendment Case Against Compelled Motherhood,” 43 Cardozo L. Review (forthcoming 2022).
“The Supreme Court May Elevate the Second Amendment Above the First,” Slate (Dec. 1, 2021).

Kenneth F. Ledford

“Review: Hugh Ridley, Law in West German Democracy: Seventy Years of History As Seen Through German Courts (Brill, 2020),” Journal of Modern History (forthcoming 2022).

Maxwell Mehlman

“Predictive Genetic Testing by the U.S. Military: Legal and Ethical Issues,” 186 Military Medicine 726 (July–Aug. 2021).

“Governing Nontraditional Gene Editing” in Consumer Genetic Technologies: Ethical and Legal Considerations 145 (Cohen, G., Farahany, N., Greely, H., and Shachar, C. eds. Cambridge University Press 2021) (with Ronald Conlon).

Dale Nance

Evidence Law: A Student’s Guide to the Law of Evidence as Applied in American Trials, 5th Edition (with Roger Park and Aviva Orenstein) (West Hornbook Series, 2022).

“Burdens of Proof and Choice of Law,” in Evidential Legal Reasoning: Crossing Civil Law and Common Law Traditions (Ferrer Beltrán, J. & Vázquez, C., eds.; Cambridge University Press (forthcoming 2022).

“Weight of Evidence,” in Philosophical Foundations of Evidence Law (Christian Dahlman, Alex Stein, & Giovanni Tuset, eds.; Oxford University Press, 2021).

“Choice of Law for Burdens of Proof,” 46 North Carolina Journal of International Law (2021).

Aaron Perzanowski

The Right to Repair: Reclaiming the Things We Own (Cambridge University Press 2022).

“Consumer Perceptions of the Right to Repair,” 96 Indiana Law Journal 361(2021).

Andrew S. Pollis

“The Appellate Judge as the Thirteenth Juror: Combating Implicit Bias in Wrongful Convictions” (forthcoming 2022).

Baldwin’s Ohio Appellate Practice (with Mark P. Painter) (2021-22 ed.)

Cassandra Robertson

Baldwin’s Ohio Practice, Civil Practice (2d ed. 2021).

“The United States Experience,” in Research Handbook On Extraterritoriality In International Law (Edward Elgar Publishing; Austen Parrish and Cedric Ryngaert, eds.) (forthcoming 2022).

“Integral Citizenship,” 100 Texas Law Review (with Irina Manta, forthcoming 2022).

“Professional Speech at Scale,” 55 UC Davis Law Review (with Sharona Hoffman, forthcoming 2022).

“Inalienable Citizenship,” 99 North Carolina Law Review 1425 (2021) (with Irina Manta).

“How Should We License Lawyers?” 89 Fordham Law Review 1295 (2021) (colloquium issue).
“Ford Motor Co.: The Murky Doctrine of Personal Jurisdiction, 2020-21,” ACS Supreme Court Review 119 (2021) (with Linda Sandstrom Simard and Charles W. “Rocky” Rhodes).

“Untangling Attorney Retainers from Creditor Claims,” 12 St. Mary’s Journal on Legal Malpractice & Ethics 142 (2022) (symposium issue, with Jesse Wynn).

Michael Scharf

“Foreword: The Academy and International Law: A Catalyst for Change and Innovation,” 54 Case Western Reserve Journal of International Law 1 (2022).

“Grotian Moments: The Concept,” 42(2) 42 Grotiana 193-211 (2021).
“Bridging the Divide Between the ICC and UN Security Council,” 53 Georgetown Journal of International Law (forthcoming 2022) (with Laura Graham).  
“Hugo Grotius and the Concept of Grotian Moments in International Law,” 54 Case Western Reserve Journal of International Law (forthcoming 2022).

Katharine Van Tassel

Food and Drug Administration (2022-23 Supplements) (Thomson Reuters) (with James T. O’Reilly).

Food and Drug Administration (Spring and Fall eds., 2022) (Thomson Reuters)(with James T. O’Reilly).

Food and Drug Administration (Spring and Fall eds., 2021) (Thomson Reuters)(with James T. O’Reilly).

International Encyclopaedia Of Laws: Medical Laws, United States of America, Wolters Kluwer - Kluwer Law International (forthcoming 2022).

“Vulnerable Populations and Vaccine Injury Compensation: The Need for Legal Reform,” in COVID-19 and the Law: Disruption, Impact and Legacy (I. Glenn Cohen et al., eds., Cambridge University Press 2022) (with Sharona Hoffman).