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Illusory Policy Implications Of Behavioral Law & Economics, Terrance O'Reilly
Illusory Policy Implications Of Behavioral Law & Economics, Terrance O'Reilly
Marquette Law Review
Behavioral law and economics has achieved notable policy influence promoting soft paternalism—using nudges to encourage better choices without limiting options. Recently, some behavioral scholars have suggested that positive behavioral models actually support hard paternalism—imposing mandates. This Article challenges the insinuation that behavioral law and economics supports mandates.
A Solution In Search Of A Problem: Justice Demands More For Trans Student-Athletes To Fulfill The Promise Of Title Ix, Mollie Mcquillan, Suzanne Eckes, Maria Lewis
A Solution In Search Of A Problem: Justice Demands More For Trans Student-Athletes To Fulfill The Promise Of Title Ix, Mollie Mcquillan, Suzanne Eckes, Maria Lewis
Marquette Sports Law Review
No abstract provided.
Drug-Free Is The Way To Be Except If You're Transgender: A Constitutional Analysis Of High School Athletic Associations' Transgender Policies, M. Olivia Mcquade
Drug-Free Is The Way To Be Except If You're Transgender: A Constitutional Analysis Of High School Athletic Associations' Transgender Policies, M. Olivia Mcquade
Marquette Sports Law Review
No abstract provided.
Step One: Solving The Ncaa Sexual Assault Problem, Aaron Hernandez
Step One: Solving The Ncaa Sexual Assault Problem, Aaron Hernandez
Marquette Sports Law Review
No abstract provided.
Wisconsin's Race-Based Mascot Law: An Update, Jeremy Daniel Heacox
Wisconsin's Race-Based Mascot Law: An Update, Jeremy Daniel Heacox
Marquette Sports Law Review
No abstract provided.
The Cost Of Gold: How Generalized Whistleblowing Policies Are Failing Athletes, Hannah M. Davis
The Cost Of Gold: How Generalized Whistleblowing Policies Are Failing Athletes, Hannah M. Davis
Marquette Sports Law Review
No abstract provided.
Good Conduct Time For Prisoners: Why (And How) Wisconsin Should Provide Credits Toward Early Release, Michael O'Hear
Good Conduct Time For Prisoners: Why (And How) Wisconsin Should Provide Credits Toward Early Release, Michael O'Hear
Marquette Law Review
Wisconsin is one of about twenty states not offering good conduct time (GCT) to prisoners. In most states, prisoners are able to earn GCT credits toward accelerated release through good behavior. Wisconsin itself had GCT for more than a century, but eliminated it as part of a set of reforms in the 1980s and 1990s that left the state with what may be the nation’s most inflexible system for the release of prisoners. Although some of these reforms helpfully brought greater certainty to punishment, they went too far in eliminating nearly all meaningful recognition and encouragement of good behavior and …
Federal Circuit V. Ninth Circuit: A Split Over The Conflicting Approaches To Dmca Section 1201, Robert Arthur
Federal Circuit V. Ninth Circuit: A Split Over The Conflicting Approaches To Dmca Section 1201, Robert Arthur
Marquette Intellectual Property Law Review
None.
Consumer-Driven Long Term Care: Shaping He Government's Role, Marshall B. Kapp
Consumer-Driven Long Term Care: Shaping He Government's Role, Marshall B. Kapp
Marquette Elder's Advisor
This article explores the movement of government and insurance-paid long-term care programs which tend to delineate which services are provided toward a more consumer-driven model. Kapp discusses the necessity of informing consumers of the options available, regulations needed to assure that autonomous consumers have alternative options available, and the criteria needed to assure that clients with inadequate decisional capacity have their interests represented.
When Never Happens: Implications Of Medicare's Never-Event Policy, Hudson T. Rowland
When Never Happens: Implications Of Medicare's Never-Event Policy, Hudson T. Rowland
Marquette Elder's Advisor
This article discusses the Healthiest Wisconsin 2010 (HW2010) statute and its implementation to improve patient care through a denial of payment to hospitals when a selected condition takes place. The state of Wisconsin has created a program to improve the state's overall health through a partnership between the state department of health, universities, and other health providers. While the two programs have their differences, this article explores how the Centers for Medicare and Medicaid Services can learn from Wisconsin and HW2010 to create a more reasonable plan to improve patient safety.
The Role Of Private Responsibility In Closing The Gap Between Knowledge And Practice In Long-Term Care, Marshall B. Kapp
The Role Of Private Responsibility In Closing The Gap Between Knowledge And Practice In Long-Term Care, Marshall B. Kapp
Marquette Elder's Advisor
Kapp discusses the expanding need for long-term care services by looking at the goal put forward by aging policy analyst Dr. Larry Polivak of closing the gap between knowledge and practice in the United States long-term care financing and delivery system. The article first discusses points of agreement between Kapp and Polivak's viewpoints. Kapp then discusses how their viewpoints diverge and puts forth his own policy views about public versus private responsibility as it applies to long-term care.
International Human Rights And The Elderly, Jaclynn M. Miller
International Human Rights And The Elderly, Jaclynn M. Miller
Marquette Elder's Advisor
This article argues that despite the international instruments that make reference to the rights of the elderly, steps still need to be taken to ensure that both laws and enforcement policies are being created internationally and nationally to protect the elderly, especially those who need institutionalized care. For this to occur, better enforcement mechanisms must be created, primarily an international treaty specifically designed to protect the rights of the elderly. In the course of this argument, the article discusses the definition of old age, the existing international legal framework for the protection of the elderly, and examples of elder abuse. …
Policy And Custodial Grandparents, Carole B. Cox
Policy And Custodial Grandparents, Carole B. Cox
Marquette Elder's Advisor
In recent years there has been a rapid increase in a new type of American family, one in which grandparents have become the sole custodians of their grandchildren, raising them without any parent present. Government, through its policies, can play a major role in addressing the challenges that custodial grandparents face. This article discusses many of the key policies that impact the lives of custodial grandparents.
The National Football League's Substance Abuse Policy: Is Further Conflict Between Players And Management Inevitable?, David J. Sisson, Brian D. Trexell
The National Football League's Substance Abuse Policy: Is Further Conflict Between Players And Management Inevitable?, David J. Sisson, Brian D. Trexell
Marquette Sports Law Review
No abstract provided.