Case Western Reserve University

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    2024 Law-Medicine Conference: Cognitive Decline and the Law

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    As the American population ages, a growing number of people will suffer cognitive decline. Cognitive decline may affect individuals’ ability to work, drive, obtain medical care, manage their finances and engage in other activities of daily living. As cognitive decline becomes more prevalent in American Society, legal experts and policy makers will need to grapple with its implications. This conference will explore a variety of legal and policy challenges associated with cognitive decline. Topics will include medical decision-making, guardianship, cognitive decline among incarcerated individuals, family caregivers, telemedicine and much more. Agenda and speaker biographie

    Once Lost, Painfully Present: Maya Angelou’s Blacks, Blues, Black! (1968)

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    Dr. Maya Angelou’s Blacks, Blues, Black! was a triumph of Civil Rights-era public affairs television, produced and aired amid nationwide uprisings in the immediate wake of Dr. Martin Luther King Jr.\u27s assassination in 1968. Blacks, Blues, Black! promoted Black unity, education, liberation, and culture. However, after it aired, the show’s tapes were lost for decades and only rediscovered by chance in 2009. With its rediscovery, the program reveals similarities between state-sanctioned violence against Black people in 1968 and today while introducing a new generation of viewers to Angelou’s enduring insights and strategic sensibility. This talk sets forth a rewriting of media history about lost archives, Black visibility, creative autonomy, publicly funded media, and popular education television. In addition, we will analyze the specific lessons arising from the educational content of Blacks, Blues, Black!, the African origins of Black cultural forms/practices, and Black unity, offering strategic insight into combating temporal state violence against Black bodies. The presentation will include a discussion of the legal landscape for Black media outlets during the late 60’s and early 70’s. Pressing legal questions and relevant legal cases regarding Black America and the media will be examined. Speaker Bio Dr. Adrien Sebro (SEE-bro) is an Assistant Professor of Media Studies at the University of Texas at Austin. He specializes in critical media studies at the intersections of race, socioeconomics, gender, performance and Black popular culture. Sebro is also a Faculty Affiliate with the Department of African and African Diaspora Studies. His recently published book, Scratchin’ and Survivin’: Hustle Economics and the Black Sitcoms of Tandem Productions (Rutgers University Press), explores a production history of Black economics and creative agency in the all-Black cast sitcoms of Tandem Productions: Sanford and Son (1972-1977), Good Times (1974-1979), and The Jeffersons (1975-1985). Sebro\u27s commentary and expertise have been featured on ViceTV, Variety, USA Today, NBC News, HuffPost, and CNN

    Private Equity and the Corporatization of Health Care

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    Private equity investment in physician services has become a driving force in the financialization of health care. While private equity investors seek quick revenue generation from health services organizations, they challenge the professional and ethical norms that distinguish medical providers from profit-seeking businesses. Their practices threaten to increase costs, lower health care quality and contribute to physician burnout and moral distress. An example of how private equity investors exploit market dysfunctions or regulatory loopholes is the practice known as “surprise medical billing.” This occurs when a patient receives care at an in-network facility from an unexpectedly out-of-network provider. The resulting medical bills force insurers to pay more and expose innocent patients to sometimes crippling financial debt. The federal No Surprises Act outlawed some forms of this phenomenon but did not completely eliminate the problem. Erin Fuse Brown’s lecture will discuss the trend of private equity investment in physician services and the legal tools available under federal and state law to address the threats presented by health care financialization. She will also analyze how loopholes and market distortions should be addressed through new legislative and regulatory interventions. Speaker Biography Erin C. Fuse Brown, J.D., M.P.H., is the Catherine C. Henson Professor of Law and Director of the Center for Law, Health & Society at Georgia State University College of Law. She specializes in health law and policy, and her research focuses on health care markets, consolidation, and cost-control. Fuse Brown has published articles in leading legal, health policy and medical journals about private equity investment, health care prices, payment reform, medical billing and debt collection, health care competition and consolidation, surprise medical billing and health reform. She has consulted with NASHP, Milbank Memorial Fund, Catalyst for Payment Reform and others on legal and policy strategies to protect health care consumers, control health care costs, and address health care consolidation. She received a JD from Georgetown, an MPH from Johns Hopkins and a BA from Dartmouth College

    Judicial Review of Public Health Laws: From Deference to Indifference

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    The Elena and Miles Zaremski Law Medicine Forum presents Judicial Review of Public Health Laws: From Deference to Indifference with Wendy E. Parmet. For most of American history, courts granted significant deference to public health officials. This deference, which could be and was at times abused, was justified by numerous factors including the broad authority that legislatures granted to health agencies, respect for scientific expertise, and the high value that the law gave to public health, as expressed by the maxim salus populi suprema lex. This tradition of judicial deference to public health authorities eroded during the COVID-19 pandemic as courts heard thousands of challenges to COVID-19 related public health orders. Although most courts upheld most uses of public health powers during the pandemic, many courts, including the Supreme Court, replaced deference with deep skepticism of expertise and indifference to the public health effects of their decisions. This shift was especially apparent in Free Exercise challenges to public health orders, as well as cases reviewing the scope of authority of federal officials under the novel major questions doctrine. Building upon the book, Constitutional Contagion, COVID, the Courts and Public Health, this talk will review the shift from deference to indifference during the pandemic and discuss its post-pandemic spillover, including in challenges to the authority of the FDA and EPA and childhood vaccine laws. The talk will also examine the connections between the decline of deference and threats to democracy and consider what this new judicial era may augur for public health. Speaker Bio Wendy E. Parmet is the George J. and Kathleen Waters Matthews Distinguished Professor of Law and Professor of Public Policy and Urban Affairs at Northeastern University, where she is the faculty director of the Center on Health Policy and Law. An associate editor for the American Journal of Public Health, her most recent book is Constitutional Contagion: COVID, The Courts and Public Health (Cambridge University Press, 2023)

    Is Google Microsoft 2.0?

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    In the 1990’s, the United States obtained a major antitrust victory against Microsoft. The decision helped shape the Internet as we know it. Today, Google stands accused of using its market power to stifle competition in a case that will set the rules for the next stages of the digital economy. This panel will explore the legal and ethical issues surrounding how Google provides its services from a variety of different perspectives. Speaker Bios: Anat Alon-Beck is an Associate Professor of Law at Case Western Reserve School of Law. Alon-Beck’s research focuses on corporate law and governance. Her work examines how legal and regulatory structures influence the shift in equities from public markets to private markets, and the rise in the number of “unicorn” firms, which are privately held venture-capital backed startups that are valued at $1 billion or more. She hopes to develop a novel, comprehensive framework within which a deeper understanding of market contracting, regulatory changes and policy surrounding unicorn firms can be achieved. Her research on these issues is frequently cited by policymakers, judges, leading scholars in the corporate law and finance fields. It was cited to US Congress, the Securities and Exchange Commission and the 9th Circuit Court of Appeals. Alon-Beck also focuses on corporate governance, responsible and sustainable business models, operations and investments and new social paradigms. She wants her students to be able to recognize the exciting potential for business law to create multiple forms of value for all stakeholders, including society at large. She is passionate about empowering women to advance in entrepreneurship and leadership positions in the business world. Rita Bryce was a federal prosecutor for 23 years with the Antitrust Division of the US Department of Justice in the Cleveland Field Office. She teaches antitrust law at Case Western Reserve University School of Law. Rita is also an independently licensed Social Worker and Psychotherapist with offices in Cleveland Heights and Shaker Heights. Rita obtained her JD and MSW from Case Western Reserve University and her BA from Vanderbilt University. Eric Chaffee, Professor of Law at Case Western Reserve School of Law, is an expert in and teaches courses relating to business law, contract law, law & technology, and taxation. Over the course of his career, he has received numerous awards for his teaching. A prolific writer, Chaffee’s scholarship focuses on business law with an emphasis on compliance, cyberlaw, securities regulation, taxation and business ethics. He is an author of the leading treatise on securities regulation in cyberspace. His work has been accepted for publication in numerous law reviews, including the Boston College Law Review, Ohio State Law Journal, UC Davis Law Review and Washington and Lee Law Review. He has published articles in specialty journals at various institutions, including Stanford Law School, New York University School of Law, University of Pennsylvania Law School and University of Michigan Law School. Chaffee is regularly invited to speak at symposia, conferences, workshops and other events across the United States and abroad. He has lectured at institutions throughout Europe and China. Chaffee is actively involved in various legal professional organizations. He is an elected member of the American Law Institute and a Fellow of the American Bar Foundation. He has served as chair of the Section on Securities Regulation of the American Association of Law Schools and chair of the Section on Scholarship of that institution as well. He is also a co-founder of the National Business Law Scholars Conference (the leading business law academic conference in the United States), and he currently sits on the executive committee of that organization. Chaffee is a sought-after legal commentator. He has been interviewed and quoted by numerous news outlets—including BBC News, Bloomberg, The Chicago Tribune, CNBC, CNN, The National Law Journal, NPR, Reuters, U.S. News & World Report and The Wall Street Journal—on a variety of legal topics. Before entering the legal academy, Chaffee was an attorney with Jones Day, where he handled civil and criminal matters for numerous Fortune 500 companies. As a law student, he also spent time working at Legal Aid in both Philadelphia and Ohio. Throughout his career, Chaffee has worked with tax-exempt nonprofit organizations, including serving on several boards and advising various institutions on legal issues. Chaffee is licensed to practice law in Ohio. He is also a trained Financial Industry Regulatory Authority (FINRA) arbitrator. He earned his law degree from the University of Pennsylvania Law School. Raymond Ku is the John Homer Kapp Professor of Law at Case Western Reserve University School of Law. He has also served as Associate Dean for Academic Affairs and Co-Director of Case’s Center for Law, Technology and the Art. He received his J.D., cum laude, from New York University School of Law where he was a Leonard Boudin First Amendment Fellow in the Arthur Garfield Hays Civil Liberties Program, and his A.B. with Honors from Brown University where he was the recipient of the Philo Sherman Bennet Prize for the best political science thesis discussing the principles of free government. Ku clerked for the Honorable Timothy K. Lewis, United States Court of Appeals for the Third Circuit. He then practiced constitutional, intellectual property, and antitrust law with Gibson, Dunn & Crutcher, LLP, and First Amendment/media and intellectual property law with Levine Pierson Sullivan & Koch, L.L.P., both in Washington, D.C. He has taught at Cornell Law School, Seton Hall University School of Law, Thomas Jefferson School of Law and St. Thomas University School of Law

    The Octopus in the Parking Garage: A Call for Climate Resilience

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    From fire to flood, from pounding heat waves to sea life stranded in a parking garage, Americans are seeing the face of climate breakdown. Cutting carbon pollution helps us avoid the very worst. But for risks we can’t avoid, we have to manage them. That’s especially true for poorer and underserved communities. Best-selling author and climate law expert, Rob Verchick will make the case for “climate resilience”—in our households, in our towns and cities, and in our legal system. Whether paddling through Louisiana’s bayous, hiking among Joshua trees in the Mojave Desert or diving off Key Largo with citizen scientists working to restore coral reefs, Verchick explores the range of problems we face and the many creative solutions that we can embrace and deploy. Speaker Bio Robert Verchick is a legal scholar in climate change and disaster policy who designed climate-resilience programs in the Obama administration. He is the Gauthier-St. Martin Eminent Scholar and Chair in Environmental Law at Loyola University New Orleans and the 2023-24 Francis B. Cashin Fellow at the Harvard Radcliffe Institute. Verchick has written more than 60 articles and four books. His best-selling book, The Octopus in the Parking Garage: A Call for Climate Resilience, was a winner of a 2023 Choice Award for Outstanding Academic Title. Verchick has taught as a visiting professor at Aarhus University, Peking University and Yale University. In 2009 and 2010, he served in the Obama administration as deputy associate administrator for policy at the US Environmental Protection Agency. He serves as president of the board of the Center for Progressive Reform. His podcast, Connect the Dots, is in its eighth season. He is now working on his next book, which is about how we can harness the power of government, science and local wisdom to rescue the oceans from climate breakdown

    The U.S. Coast Guard and Maritime Governance

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    Join us as Rear Admiral Batson speaks about how the U.S. Coast Guard, through its 11 statutory missions and its status as a law enforcement agency, regulatory agency, member of the U.S. intelligence community, and one of the nation’s six armed services exercises its exceptionally broad statutory authority to provide maritime governance around the world. Speaker Bio Rear Admiral Batson is Judge Advocate General and Chief Counsel of the U.S. Coast Guard. He leads over 400 judge advocates and civilian attorneys in the delivery of legal services worldwide to support the Coast Guard’s 11 statutory missions, as well as their cutters, aircraft, and people. He assumed his current duties in June after serving as the Chief of Staff for the Fifth Coast Guard District, where he was responsible for Coast Guard operational forces and missions throughout the Mid-Atlantic region. He has also served as the Commanding Officer of the Coast Guard’s national field-level legal command; as the Chief of the Office of Legal Policy and Program Development; and he has extensive experience as a military justice practitioner, having served as a prosecutor, a Military Judge, and a member of DoD interservice team of experts that drafted the Military Justice Act of 2016, one of the most significant revisions to the UCMJ since its adoption. Outside the legal program, Admiral Batson served as the Speechwriter and Special Assistant to the Commandant, Executive Officer of the Coast Guard’s Atlantic Area operational intelligence fusion center, as Senior Investigating Officer and Chief of Waterways Management for the west Coast of Florida, and aboard the Coast Guard Cutter WOODRUSH in Sitka, Alaska. Rear Admiral Batson is 1987 graduate of Appalachian State University with a B.S. in Music Industry Studies, a 1998 graduate of Troy University with Master of Public Administration degree; a 2014-2015 Seminar XXI Fellow in the Massachusetts Institute of Technology’s Center for International Studies; and a 2016 graduate of the Eisenhower School for National Security and Resource Strategy at the National Defense University, where he earned the Master of Science degree in National Resource Strategy. He received his law degree in 2002 from the Case Western Reserve University School of Law

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    Technology in the Securities Industry -- Promoting Innovation Without Compromising Investor Protection

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    This lecture will focus on the proliferation of fintech, artificial intelligence, and other emerging technologies as observed in the securities industry. Commissioner Seidt will discuss how digital assets, artificial intelligence, and algorithmic investing platforms have transformed investing in the modern age. While these new technologies deliver many benefits and have the potential to expand market access and reduce costs, these technologies can be misused to exploit unsophisticated and vulnerable investors. Commissioner Seidt will highlight how these technologies fit into recent policy proposals and how they are being approached in state and federal examination and enforcement initiatives. At the conclusion of the lecture, the audience will be invited to share views on whether and how regulatory policies should be flexed at the state or federal level to promote technological innovation without compromising market integrity and oversight. Speaker Biography Andrea Seidt is the Ohio Securities Commissioner with the Ohio Department of Commerce, Division of Securities. The division has administrative, civil, and criminal authority to prosecute violations of the Ohio Securities Act and oversees one of the country’s largest securities licensee populations with more than 225,000 registered investment firms and professionals. Seidt actively represents the Division and investors throughout the state of Ohio through her service with the North American Securities Administrators Association (NASAA). Seidt is former President of NASAA and is currently serving her second term on NASAA’s Board of Directors, where she has focused on policies related to investment adviser and broker-dealer regulation and state enforcement involving exempt and unregistered offerings. Seidt works closely with her federal peers at the Financial Industry Regulatory Authority (FINRA) and the United States Securities and Exchange Commission (SEC), having served on FINRA’s CRD/IARD Steering Committee and the SEC’s Small Business Advisory Committee. Prior to her appointment as Commissioner in 2008, Seidt worked at the Jones Day law firm and also served as Deputy Chief Counsel for the Office of the Ohio Attorney General. Seidt received both her undergraduate and law degrees from The Ohio State University

    The Next Big Abortion Rights Case

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    The Elena and Miles Zaremski Law Medicine Forum presents:Professors Jonathan Adler and Jessie Hill will discuss FDA v. Alliance for Hippocratic Medicine, the next major abortion case to be decided by the U.S. Supreme Court. In this case, the Court will decide whether the FDA acted illegally when it took certain steps to make the abortion medication mifepristone easier to access. Adler and Hill will provide an overview of the case and debate some key legal issues, including whether the plaintiffs have standing to bring the lawsuit and whether the 19th-century Comstock Act is relevant to the FDA\u27s 21st-century rulings. Speaker Bios Jonathan H. Adler is the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law, where he teaches courses in environmental, administrative and constitutional law. Adler is the author or editor of seven books, including Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016), Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011) and Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave). His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, and New York Times. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2021 study identified Adler as the fifth most cited legal academic in administrative and environmental law from 2016 to 2020. Adler is a contributing editor to National Review Online and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight. Adler is also a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Adler helped co-found the organization Checks and Balances. In 2004, Adler received the Paul M. Bator Award, given annually by the Federalist Society for Law and Policy Studies to an academic under 40 for excellence in teaching, scholarship, and commitment to students. In 2007, the Case Western Reserve University Law Alumni Association awarded Adler their annual Distinguished Teacher Award. In 2018, Adler was elected to membership of the American Law Institute. Prior to joining the faculty at Case Western Reserve, Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit. From 1991 to 2000, Adler worked at the Competitive Enterprise Institute, a free market research and advocacy group in Washington, D.C., where he directed CEI\u27s environmental studies program. He holds a BA magna cum laude from Yale University and a JD summa cum. Jessie Hill is the Judge Ben C. Green Professor of Law, School of Law, and Associate Dean for Research and Faculty Development, School of Law Jessie Hill’s teaching and scholarship focus on constitutional law, civil rights, reproductive rights and law and religion. Her articles have been published in the Michigan Law Review, Duke Law Journal, Georgetown Law Journal, and Texas Law Review, among others. She has also appeared in numerous local and national press outlets, including CNN, the New York Times, Ms. Magazine, and NPR. Hill is a frequent lecturer and consultant on reproductive rights issues, and she is currently litigating numerous challenges to abortion restrictions in Ohio. She is the founding director of the Reproductive Rights Law Initiative at the School of Law, which provides education and legal support relating to reproductive rights. Her work was recently profiled in the Case Law-Med magazine. Hill has received recognition for her work both within and outside the academy. She is a recipient of the university’s Distinguished Research Award. She has also been appointed a Nootbaar Fellow in Law and Religion at Pepperdine University Caruso School of Law. In 2023, she received both the Black Law Students Association Faculty Award and the Champion for Women Award from the Cuyahoga Democratic Women’s Caucus, and she has been recognized by the ACLU of Ohio for her reproductive rights advocacy. Hill joined the faculty in 2003 after practicing First Amendment and civil rights law with the firm of Berkman, Gordon, Murray & DeVan in Cleveland. Before entering private practice, Hill worked at the Reproductive Freedom Project of the National ACLU office in New York. She also served as law clerk to the Honorable Karen Nelson Moore of the United States Court of Appeals for the Sixth Circuit. She received her JD, magna cum laude, from Harvard University and her AB, magna cum laude, from Brown University

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