Digital Commons Network^™

Wage Theft In New York: The Wage Theft Prevention Act As A Counter To An Endemic Problem, Lauren K. Dasse

City University of New York Law Review

No abstract provided.

Against All Odds: Community And Policy Solutions To Address The American Youth Crisis, Kisha Bird

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Gambling Windfall Decisions: Lottery Winners And Employment Behavior, Bengt Furaker, Anna Hedenus

UNLV Gaming Research & Review Journal

Based on a 2005 survey among Swedish lottery winners, the article throws new light on what those receiving a sudden windfall do with their existing jobs. Many may continue to work as before the winning, but others may alter their work situation in one way or another. We focus on three possible changes: (i) quitting the job; (ii) going on unpaid full-time leave; and (iii) shortening one's working hours. In our study less than 12% quit working, approximately 24% took unpaid full-time leave, 16% reduced their working hours, but 62% did not make any of these changes. In other words, …

Court Of Appeals Of New York - Giaquinto V. Comm’R Of New York State Dep’T Of Health, Heather Wine

Touro Law Review

No abstract provided.

Antitrust Law As Public Interest Law, Christopher R. Leslie

UC Irvine Law Review

No abstract provided.

Hope Or Hype?: Why The Affordable Care Act's New External Review Rules For Denied Erisa Healthcare Claims Need More Reform, Katherine T. Vukadin

Buffalo Law Review

No abstract provided.

Functionalism’S Military Necessity Problem: Extraterritorial Habeas Corpus, Justice Kennedy, Boumediene V. Bush, And Al Maqaleh V. Gates, Richard Nicholson

Fordham Law Review

The U.S. Supreme Court has struggled over the last 150 years to definitively answer the question of whether the U.S. Constitution applies beyond the borders of the territorial United States. Because the Constitution is silent on the issue, the burden has fallen on the judiciary to establish the contours of the doctrine. At times, the Court has espoused formulistic theories limiting constitutional application to territorial sovereignty, while at others it has looked to more objective, practical solutions that reach beyond the borders.

In 2008, the Supreme Court held in Boumediene v. Bush that the application of the Suspension Clause of …

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

The Nursing Standard Of Care In Illinois: Rethinking The Wingo Exception In The Wake Of Sullivan V. Edward Hospital, Emily Chase-Sosnoff

Chicago-Kent Law Review

This note analyzes the current circuit split among Illinois courts over whether the same-license requirement for medical expert testimony applies to testimony about the standard of care for nurse-doctor communications. Part I traces the history of the problem by explaining the original same-license requirement, the Wingo exception for nurse-doctor communications, and the Illinois Supreme Court's decision in Sullivan, which cast doubt on Wingo's continued survival. Part II illustrates the nature of the circuit split by describing the lower courts' three distinct interpretations of Sullivan. Finally, Part III argues that courts should apply Sullivan strictly and abandon the Wingo exception because …

Creating A Child-Friendly Child Welfare System: Effective Early Intervention To Prevent Maltreatment And Protect Victimized Children, Elizabeth Bartholet

Buffalo Law Review

No abstract provided.

Can Law And Literature Be Practical? The Crucible And The Federal Rules Of Evidence, Martin H. Pritikin

West Virginia Law Review

Counter-intuitively, one of the best ways to learn the practice-oriented topic of evidence may be by studying a work of fiction-specifically, Arthur Miller's The Crucible, which dramatizes the seventeenth-century Salem witch trials. The play puts the reader in the position of legal advocate, and invites strategic analysis of evidentiary issues. A close analysis of the dialogue presents an opportunity to explore both the doctrinal nuances of and policy considerations underlying the most important topics covered by the Federal Rules of Evidence, including the mode and order of interrogation, relevance, character evidence and impeachment, opinion testimony, and hearsay.

Service Animals In Training And The Law: An Imperfect System., Darcie Magnuson

The Scholar: St. Mary's Law Review on Race and Social Justice

The Americans with Disabilities Act (ADA) does not provide protection for service animals in training anywhere in public places, including workplaces and government buildings. Individual state statutes may or may not grant service animals in training access to places of public accommodations, public buildings, or places of employment. Similarly, neither the Air Carrier Access Act (ACAA) nor the Fair Housing Act (FHA) Amendments afford rights and privileges in air transportation and housing, respectively, to service animals in training. Without service animals, individuals with disabilities would not be able to equally access society or fully participate in many activities. However, without …

An Open Courts Checklist: Clarifying Washington's Public Trial And Public Access Jurisprudence, Jeanine Blackett Lutzenhiser

Washington Law Review

Fundamental to the American system of justice is the right to a public trial and a general presumption of openness in judicial proceedings. These values are reflected in the First and Sixth Amendments of the United States Constitution and in many state constitutions. Washington is one of a number of states whose constitution (unlike the U.S. Constitution) also explicitly guarantees the open administration of justice. Constitutional dilemmas arise when a party requests the closure of a courtroom or the sealing of documents. These requests force courts to harmonize values of open justice with other compelling interests. U.S. Supreme Court decisions …

Religious Treatment Exemption Statutes: Betrayest Thou Me With A Statute., Shirley Darby Howell

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Dealing With The Past In A Post-Conflict Society: Does The Participation Of Women Matter? Insights From Northern Ireland, Catherine O'Rourke

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn, Courtney E. Ferrell

Mercer Law Review

This Article surveys cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2011 through May 31, 2012, during which principles of administrative law were either illuminated or formed an important piece of the decision making. For a change, the Authors observed a significant increase in the number of reported cases during the survey period, but that increase does not necessarily indicate a trend. No attempt has been made to survey cases that properly would fall under categories of more specific articles in this issue, although some degree of overlap is inevitable because of shared …

Insurance Law As Public Interest Law, Shauhin Talesh

UC Irvine Law Review

No abstract provided.

National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson

Pepperdine Law Review

No abstract provided.

Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance

Pepperdine Law Review

No abstract provided.

Emerging Issues In Victim Assistance, Marlene A. Young

Pepperdine Law Review

No abstract provided.

Sooner Lawyer, Fall 2012/Winter 2013

Sooner Lawyer Archive

No abstract provided.

Military Service: Ou Law Grads Answer The Call, Jonella Frank

Sooner Lawyer Archive

No abstract provided.

Ou Law Updates

Sooner Lawyer Archive

No abstract provided.

An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson

Pepperdine Law Review

No abstract provided.

Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli

Pepperdine Law Review

No abstract provided.

Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff

Pepperdine Law Review

No abstract provided.

Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman

Pepperdine Law Review

No abstract provided.

May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba

Northwestern Journal of Law & Social Policy

This Article examines the questions that Supreme Court Justices ask during oral argument. The authors content-coded questions asked in fifty-three cases argued during the October 2009, 2010, and 2011 terms—a total of 5,115 questions. They found that the Justices vary significantly in the extent to which they ask about different aspects of a case, including threshold issues, precedent, facts, external actors, legal argument, and policy. They also found that the Justices were more likely to ask policy-oriented questions in education cases than in constitutional cases that did not arise in a school setting. The authors included a case study of …

From Post To Pond: How The Public Created The Presidio's Crissy Field Marsh, Deborah Bardwick

Golden Gate University Environmental Law Journal

Brian O’Neill, the late Superintendent of the Golden Gate National Recreation Area, said that the unifying theme of the Presidio is that of “humans in the natural environment, understood in its broadest context.” This Article explores the critical role that the public played in creating Crissy Field Marsh, a unique feature of the Presidio in the Golden Gate National Recreation Area. Public involvement is always critical to the operation of the National Park Service. In nearly every new project, members of the public are involved in every step, including but not limited to lobbying politicians, commenting on environmental documents, raising …

Fair Funds And The Sec's Compensation Of Injured Investors, Verity Winship

Florida Law Review

The Fair Fund provision of Sarbanes-Oxley allows the SEC to distribute money penalties to injured investors, heralding a new compensatory role for the agency. The SEC has announced that it will direct money to injured investors whenever possible, but has not articulated clear priorities. This Article fills the gap by introducing terms of debate and proposing a framework for the SEC’s exercise of its discretion. The Article introduces the concept of “public class counsel,” a public actor that has the dual function of deterrence and victim compensation. The concept describes—and suggests limits to—the SEC’s role in a system in which …