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Provider Liability And Medical Identity Theft: Can I Get Your (Insurance) Number?, Thomas Clifford Dec 2016

Provider Liability And Medical Identity Theft: Can I Get Your (Insurance) Number?, Thomas Clifford

Northwestern Journal of Law & Social Policy

No abstract provided.


When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell Dec 2016

When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell

Northwestern Journal of Law & Social Policy

No abstract provided.


Ftc V. Phoebe Putney And Municipalities As Nongovernments, Peter F. Nascenzi Jun 2016

Ftc V. Phoebe Putney And Municipalities As Nongovernments, Peter F. Nascenzi

Northwestern University Law Review

American courts have long struggled with categorizing municipalities. They treat municipalities sometimes as private corporations, sometimes as governmental bodies, and sometimes as something in between. This uncertainty provides a shaky foundation for local government law and hampers its development. Local governments are not sure of their powers, and states are unable to create a comprehensive vision of municipal governance. When federal law is involved, the situation is muddled further.

In FTC v. Phoebe Putney, the Supreme Court’s application of the state action doctrine unnecessarily injected federal antitrust law into the relationship between states and municipalities. The state action doctrine …


Compulsory Vaccination Laws Are Constitutional, Erwin Chemerinsky, Michele Goodwin Apr 2016

Compulsory Vaccination Laws Are Constitutional, Erwin Chemerinsky, Michele Goodwin

Northwestern University Law Review

A measles epidemic in California, that then spread to other states, focused national attention on the many children who have been vaccinated against communicable diseases. This Essay focuses on the constitutional issues concerning compulsory vaccination laws and argues that every state should require compulsory vaccination of all children, unless there is a medical reason why the child should not be vaccinated. There should be no exception to the compulsory vaccination requirement on account of the parents’ religion or conscience, or for any reason other than medical necessity. The government’s interest in protecting children and preventing the spread of communicable disease …