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Case Western Reserve University

Case Western Reserve University in Cleveland, Ohio, improves people’s lives through preeminent research, education and creative endeavor: innovation and discovery in scholarship that capitalizes on the power of collaboration; learning that is active, creative and continuous; and promotion of an inclusive culture of global citizenship.

http://www.case.edu

  • Ohio Attorney General Richard Cordray and Indiana Solicitor General Thomas Fisher debate the constitutionality of The Patient Protection and Affordability Act and features. On March 23, 2010 President Barack Obama signed into law The Patient Protection and Affordability Act, which represents the first comprehensive federal health care reform in the history of the United States. The legislation focuses on expansion of coverage and aims to improve the quality of the nation's health care system. But it is not without controversy. More than 20 states are challenging the constitutionality of the bill; Indiana is one of them. The state of Ohio supports the legislation.
    Partner:
    Case Western Reserve University
  • Amos Guiora discusses the topic of his book, *Freedom from Religion*. In his book, Professor Guiora invites policy-makers and concerned citizens to consider an unusual technique for curtailing the threat of new terrorist attacks: curtailing religious freedom. He argues that Western and Middle Eastern tolerance of religious extremism has led to the current security crisis that our world now faces. By exploring the different policies and challenges arising in five countries (the U.S., The UK, the Netherlands, Turkey, and Israel), Professor Guiora adds a novel argument to the global debate on religion's relationship to terror. The lecture examines whether First Amendment rights to freedom of speech and freedom of religion should be re-articulated. The issues and ideas presented bear directly on cases involving questions of speech and religion.
    Partner:
    Case Western Reserve University
  • Two prominent budget experts, Dean Baker, Ph.D. and Joshua B. Gordon, Ph.D., provide their expert analysis and observations on some of the the big issues surrounding the debate over the federal budget deficit. The Center for Policy Studies presents this forum, which is moderated by Case Western Reserve University Associate Professor of Economics Mark Votruba, Ph.D.
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    Case Western Reserve University
  • Panelists focus on the dynamics of moving toward peace over time from various “points of view,” the (mostly Catholic) Irish Republican paramilitary opposition and the broader, Irish Nationalist community as well as the (mostly Protestant) Loyalist paramilitary along with the broader Unionist community, and, finally and hopefully – the Irish government perspective. The speakers discuss the unfolding dynamics of the conflict’s end and movement toward peace in light of their own experiences or analyses, the focus will account for how different groups’ goals, reasoning, and (in)ability to overcome any internal divisions affected the prospects of peace and of drawing violent parties into mainstream political institutions. Such a focus will help to reveal and highlight the dynamics of dissention within groups that have been conventionally treated as monolithic political actors, as well as how these internal divisions affected the broader conflict between groups that played out more openly over time. These divisions are particularly and acutely salient to both Northern Irish and Irish politics today, with the recent decomissioning of Loyalist groups, the first security force member killings in more than a decade (by Republican ‘dissidents’), the growing number of Republicans and Nationalists becoming disillusioned with Sinn Fein’s ability to effectively negotiate its agenda through Stormont, and the scandal that threatens First Minister Robinson’s position – and therefore the Executive itself. Finally, each speaker discusses how the case of the conflict in Northern Ireland can help us to understand conflict and the chances for peace elsewhere, with panel member(s) expanding on this issue. The aim of the event is to understand and learn from the end of a real-life conflict, including how various points of view were accommodated, while achieving peace and reconciliation. The goal of that understanding is to examine how lawyers might apply similar methods to the practice of law, including negotiations among individuals or groups, arbitration, mediation and other circumstances.
    Partner:
    Case Western Reserve University
  • Panelists focus on the dynamics of moving toward peace over time from various “points of view,” the (mostly Catholic) Irish Republican paramilitary opposition and the broader, Irish Nationalist community as well as the (mostly Protestant) Loyalist paramilitary along with the broader Unionist community, and, finally and hopefully – the Irish government perspective. The speakers discuss the unfolding dynamics of the conflict’s end and movement toward peace in light of their own experiences or analyses, the focus will account for how different groups’ goals, reasoning, and (in)ability to overcome any internal divisions affected the prospects of peace and of drawing violent parties into mainstream political institutions. Such a focus will help to reveal and highlight the dynamics of dissention within groups that have been conventionally treated as monolithic political actors, as well as how these internal divisions affected the broader conflict between groups that played out more openly over time. These divisions are particularly and acutely salient to both Northern Irish and Irish politics today, with the recent decomissioning of Loyalist groups, the first security force member killings in more than a decade (by Republican ‘dissidents’), the growing number of Republicans and Nationalists becoming disillusioned with Sinn Fein’s ability to effectively negotiate its agenda through Stormont, and the scandal that threatens First Minister Robinson’s position – and therefore the Executive itself. Finally, each speaker discusses how the case of the conflict in Northern Ireland can help us to understand conflict and the chances for peace elsewhere, with panel member(s) expanding on this issue. The aim of the event is to understand and learn from the end of a real-life conflict, including how various points of view were accommodated, while achieving peace and reconciliation. The goal of that understanding is to examine how lawyers might apply similar methods to the practice of law, including negotiations among individuals or groups, arbitration, mediation and other circumstances.
    Partner:
    Case Western Reserve University
  • Panelists focus on the dynamics of moving toward peace over time from various “points of view,” the (mostly Catholic) Irish Republican paramilitary opposition and the broader, Irish Nationalist community as well as the (mostly Protestant) Loyalist paramilitary along with the broader Unionist community, and, finally and hopefully – the Irish government perspective. The speakers discuss the unfolding dynamics of the conflict’s end and movement toward peace in light of their own experiences or analyses, the focus will account for how different groups’ goals, reasoning, and (in)ability to overcome any internal divisions affected the prospects of peace and of drawing violent parties into mainstream political institutions. Such a focus will help to reveal and highlight the dynamics of dissention within groups that have been conventionally treated as monolithic political actors, as well as how these internal divisions affected the broader conflict between groups that played out more openly over time. These divisions are particularly and acutely salient to both Northern Irish and Irish politics today, with the recent decomissioning of Loyalist groups, the first security force member killings in more than a decade (by Republican ‘dissidents’), the growing number of Republicans and Nationalists becoming disillusioned with Sinn Fein’s ability to effectively negotiate its agenda through Stormont, and the scandal that threatens First Minister Robinson’s position – and therefore the Executive itself. Finally, each speaker discusses how the case of the conflict in Northern Ireland can help us to understand conflict and the chances for peace elsewhere, with panel member(s) expanding on this issue. The aim of the event is to understand and learn from the end of a real-life conflict, including how various points of view were accommodated, while achieving peace and reconciliation. The goal of that understanding is to examine how lawyers might apply similar methods to the practice of law, including negotiations among individuals or groups, arbitration, mediation and other circumstances.
    Partner:
    Case Western Reserve University
  • Panelists focus on the dynamics of moving toward peace over time from various “points of view,” the (mostly Catholic) Irish Republican paramilitary opposition and the broader, Irish Nationalist community as well as the (mostly Protestant) Loyalist paramilitary along with the broader Unionist community, and, finally and hopefully – the Irish government perspective. The speakers discuss the unfolding dynamics of the conflict’s end and movement toward peace in light of their own experiences or analyses, the focus will account for how different groups’ goals, reasoning, and (in)ability to overcome any internal divisions affected the prospects of peace and of drawing violent parties into mainstream political institutions. Such a focus will help to reveal and highlight the dynamics of dissention within groups that have been conventionally treated as monolithic political actors, as well as how these internal divisions affected the broader conflict between groups that played out more openly over time. These divisions are particularly and acutely salient to both Northern Irish and Irish politics today, with the recent decomissioning of Loyalist groups, the first security force member killings in more than a decade (by Republican ‘dissidents’), the growing number of Republicans and Nationalists becoming disillusioned with Sinn Fein’s ability to effectively negotiate its agenda through Stormont, and the scandal that threatens First Minister Robinson’s position – and therefore the Executive itself. Finally, each speaker discusses how the case of the conflict in Northern Ireland can help us to understand conflict and the chances for peace elsewhere, with panel member(s) expanding on this issue. The aim of the event is to understand and learn from the end of a real-life conflict, including how various points of view were accommodated, while achieving peace and reconciliation. The goal of that understanding is to examine how lawyers might apply similar methods to the practice of law, including negotiations among individuals or groups, arbitration, mediation and other circumstances.
    Partner:
    Case Western Reserve University
  • Supreme Court affirmative action cases can be divided into two categories. First are those cases in which race-conscious government action provides a material benefit or preference to members of a minority group (e.g., Adarand and Grutter). Second are those cases where the government takes race-conscious action without causing any concrete disadvantage to non-minorities (e.g., Shaw v. Reno, Parents Involved). Under the Courts current Equal Protection doctrine, both categories of cases are presumptively unconstitutional because they both violate the principle of colorblindness. The colorblindness doctrine is best understood as implicitly holding that non-disadvantaging affirmative action constitutes an expressive harm. This program expands upon the existing scholarship by arguing that functionally, the Court has come to view race-conscious, non-disadvantaging government action as a form of prohibited government speech. In essence, the Court has decided that when the government takes such action, it is sending an unconstitutional message that race still matters in our society. Under the government speech doctrine, however, the government is free to express its own message provided it does not restrict or compel private speech. The fact that members of the Court disagree with this message does not make it unconstitutional.
    Partner:
    Case Western Reserve University
  • **Dr. Thomas H. Murray** takes on issues of fairness and justice. He asks what constitutes fairness in sport and why we even need seemingly arbitrary limits on equipment and other rules. He looks at social policy ideas like harm reduction strategies in drug policy; reflections on liberty, paternalism, and public health; off-label and non-therapeutic drug use, including use supervised or promoted by physicians. Controversies over elite athletes using anabolic steroids, growth hormone, and other performance enhancing drugs largely overlooks three crucial issues. First is athletic competition, the forces that press athletes to consider using drugs, and the nearly universal desire among athletes for a level playing field. Second is the far larger community of amateur athletes including tens of millions of young people. Third are a set of disputes over the meanings of key concepts in sport: What is a level playing field and is it achievable or even desirable? And, finally, what makes sport worthwhile, a meaningful human endeavor: In other words, _why do we play_?
    Partner:
    Case Western Reserve University
  • Nine years removed from the 9/11 attacks, we remain bogged down in debate regarding the proper role, if any, for military detention in relation to terrorism. Some are calling for legislation to define more specifically who may be detained. Others object that this question should be left to the judiciary to resolve in the Guantanamo habeas cases, and that legislation might actually worsen the situation. Professor Chesney discusses who has the better argument, and whether any of this matters beyond Guantanamo.
    Partner:
    Case Western Reserve University