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2017

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Regulatory Disruption And Arbitrage In Health-Care Data Protection, Nicolas P. Terry Dec 2017

Regulatory Disruption And Arbitrage In Health-Care Data Protection, Nicolas P. Terry

Yale Journal of Health Policy, Law, and Ethics

This article explains how the structure of U.S. health-care data protection
(specifically its sectoral and downstream properties) has led to a chronically uneven policy environment for different types of health-care data. It examines claims for health-care data protection exceptionalism and competing demands such as data liquidity. In conclusion, the article takes the position that health­ care-data exceptionalism remains a valid imperative and that even current concerns about data liquidity can be accommodated in an exceptional protective model. However, re-calibrating our protection of health-care data residing outside of the traditional health-care domain is challenging, currently even
politically impossible.


Boyd Briefs - Nov. 30, 2017, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Nov 2017

Boyd Briefs - Nov. 30, 2017, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Mmu: 11/20/17–11/26/17, Notre Dame Law School Nov 2017

Mmu: 11/20/17–11/26/17, Notre Dame Law School

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.


Silent Protest: A Catholic Justice Dissents In Buck V. Bell, Phillip Thompson Nov 2017

Silent Protest: A Catholic Justice Dissents In Buck V. Bell, Phillip Thompson

The Catholic Lawyer

No abstract provided.


Ip Law Book Review, V. 8#1, William T. Gallagher Nov 2017

Ip Law Book Review, V. 8#1, William T. Gallagher

Intellectual Property Law

AUTHORS IN COURT: SCENES FROM THE THEATER OF COPYRIGHT, by Mark Rose. Reviewed by Robert Spoo, The University of Tulsa College of Law

COPYRIGHT BEYOND LAW: REGULATING CREATIVITY IN THE GRAFFITI SUBCULTURE, by Marta Iljadica. Reviewed by Zahr K. Said, University of Washington School of Law

CHOREOGRAPHING COPYRIGHT: RACE, GENDER, AND INTELLECTUAL PROPERTY RIGHTS IN AMERICAN DANCE by Anthea Kraut. Reviewed by Carys Craig, Osgoode Hall Law School, York University


It's Dispositive: Considering Constitutional Review For First Amendment Retaliation Claims, Abigail E. Williams Nov 2017

It's Dispositive: Considering Constitutional Review For First Amendment Retaliation Claims, Abigail E. Williams

Missouri Law Review

No abstract provided.


Justice And Art, Face To Face, Desmond Manderson, Cristina S. Martinez Oct 2017

Justice And Art, Face To Face, Desmond Manderson, Cristina S. Martinez

Yale Journal of Law & the Humanities

This essay studies in detail, for the first time and in the context of legal as well as art history, Sir Joshua Reynolds's representation of Justice (1779). We argue that the image is of particular significance in the history of representations of justice, and marks the emergence of neoclassical ideals. These ideals became, for example in the work of Sir William Blackstone, central to the development of Anglo-American concepts of the common law. We argue that Reynolds's work exemplifies a profound shift and a rich complexity in these concepts.


Abortion In Latin America In International Perspective: Limitations And Potentials Of The Use Of Human Rights Law To Challenge Restrictions, Natalie Sedacca Oct 2017

Abortion In Latin America In International Perspective: Limitations And Potentials Of The Use Of Human Rights Law To Challenge Restrictions, Natalie Sedacca

Berkeley Journal of Gender, Law & Justice

No abstract provided.


The Copyright Box Model, Stephen T. Black Oct 2017

The Copyright Box Model, Stephen T. Black

Seattle University Law Review

Intellectual property law is territorial in nature. That is why intellectual property assets have always been favorites among international tax planners. Rapid appreciation, even faster transfer times, and a somewhat vague standard for appraisal and valuation make for an interesting field of play. Transfer the assets to a low tax jurisdiction before the appreciation begins, and you find yourself with a large income stream that is taxed at a low rate. Miss the beat, and you have a large tax hit. For these reasons, many nations have followed the lead of Ireland in providing for so-called “patent box” schemes. These ...


Gun Control: Political Fears Trump Crime Control, Clayton E. Cramer, Joseph Edward Olson Oct 2017

Gun Control: Political Fears Trump Crime Control, Clayton E. Cramer, Joseph Edward Olson

Maine Law Review

No matter how draconian, gun control laws are weakly enforced (at least in the United States) and seldom of any significant effect in reducing crime. The kind of citizen who will comply with a gun law is the opposite of the person who will use a gun to facilitate his or her crimes. The problem of weak enforcement is highlighted by a candid interview with the author of the District of Columbia’s 1968 gun registration scheme while the District’s 1975-76 gun ban was under consideration: The problem, [Hechinger] said, is the failure of the mayor and police department ...


Fdic/Cash Management, David F. Menz, Joseph E. Kane, Thomas Drought Oct 2017

Fdic/Cash Management, David F. Menz, Joseph E. Kane, Thomas Drought

The Catholic Lawyer

No abstract provided.


Shadow Of The Bat[Mobile]: Character Copyright After Dc Comics V. Towle, Missy G. Brenner Oct 2017

Shadow Of The Bat[Mobile]: Character Copyright After Dc Comics V. Towle, Missy G. Brenner

Santa Clara Law Review

Shadow of the Bat[mobile]: Character Copyright After DC Comics v. Towle


Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal Oct 2017

Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal

Sonia Katyal

No abstract provided.


Clark Memorandum: Fall 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Oct 2017

Clark Memorandum: Fall 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum


The Death Penalty's Darkside: A Response To Phyllis Goldfarb's Matters Of Strata: Race, Gender, And Class Structures In Capital Cases, Kevin Barry, Bharat Malkani Sep 2017

The Death Penalty's Darkside: A Response To Phyllis Goldfarb's Matters Of Strata: Race, Gender, And Class Structures In Capital Cases, Kevin Barry, Bharat Malkani

Washington and Lee Law Review Online

In Matters of Strata: Race, Gender, and Class Structures in Capital Cases, Professor Phyllis Goldfarb examines the ways in which race, class, and gender affect the American criminal justice system generally, and its death penalty system in particular. This Response focuses on one of Goldfarb’s observations: The relationship between slavery and the death penalty. This relationship helps to explain why, over the past four decades, the thirteen states that comprised the former Confederacy have been responsible for nearly all of this nation’s executions. Although the U.S. Supreme Court has repeatedly failed to address the death penalty’s ...


Mmu: 09/04/17–09/10/17, Notre Dame Law School Sep 2017

Mmu: 09/04/17–09/10/17, Notre Dame Law School

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.

2017-2018 editor, Andrew Magee


Microaggressions: What They Are And Why They Matter, Catharine P. Wells Sep 2017

Microaggressions: What They Are And Why They Matter, Catharine P. Wells

Boston College Law School Faculty Papers

Review of some of the recent work on microaggressions and explanation of their significance in the exclusion of minorities from participation in dominantly white communities.


A Method Inside The Madness: Understanding The European Union State Aid And Taxation Rulings, Christopher Bobby Jul 2017

A Method Inside The Madness: Understanding The European Union State Aid And Taxation Rulings, Christopher Bobby

Chicago Journal of International Law

International headlines have been consumed with the proliferation of international tax havens and “sweetheart deals” given to multinational companies with the hopes that they would invest in a given country. In response to such concerns, the E.U. Commission has issued a spate of decisions in which it concludes that certain taxation rulings given by State Members to international corporations constitute illegal state aid. These decisions have both befuddled and outraged various parties in the international community, including states and multinational corporations, who claim that the Commission is acting both unilaterally and without precedent. This Comment surveys the applicable case ...


Keynote Address: Two Challenges For The Judge As Umpire: Statutory Ambiguity And Constitutional Exceptions, Brett M. Kavanaugh Jul 2017

Keynote Address: Two Challenges For The Judge As Umpire: Statutory Ambiguity And Constitutional Exceptions, Brett M. Kavanaugh

Notre Dame Law Review

Justice Scalia believed in the rule of law as a law of rules. He wanted judges to be umpires, which ordinarily entails judges applying a settled legal principle to a particular set of facts. I agree with that vision of the judiciary. But there are two major impediments in current jurisprudence to achieving that vision of the judge as umpire. The first is the ambiguity trigger in statutory interpretation. The second is the amorphous tests employed in cases involving claimed constitutional exceptions. We should identify and study these issues. Inspired by Justice Scalia’s longstanding efforts to improve the law ...


The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk Jun 2017

The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk

Erwin Chemerinsky

Professors Erwin Chemerinsky and Catherine Fisk take issue on several grounds with Boy Scouts of America v. Dale, in which the Supreme Court held that the Boy Scouts have a First Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale 's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-and it did so at the expense of ...


Living Within The Margins: The Constitutional Culture Of Irish Life Law And Literature, Meghan Keator Jun 2017

Living Within The Margins: The Constitutional Culture Of Irish Life Law And Literature, Meghan Keator

Honors Theses

Serving as a stepping stone to asserting independence from British authority and oppression, the Bunreacht Na hÉireann, Ireland’s modern constitution, allowed the nation and its people finally to shape themselves by their own legal standards, customs, and norms. Yet, after years of oppression from forced British standards, Ireland began the search for its own distinct voice as a newly liberated, competitive country. This thesis explores how the Irish Constitution contributes to shaping a homogenous society that promotes normative views and behaviors that damagingly marginalize minority groups–who differ from such social standards. By examining the specific language, diction, order ...


Markets And Sovereignty, Joseph Blocher, Mitu Gulati Jun 2017

Markets And Sovereignty, Joseph Blocher, Mitu Gulati

Osgoode Hall Law Journal

The past few decades have witnessed the growth of an exciting debate in the legal academy about the tensions between economic pressures to commodify and philosophical commitments to the market inalienability of certain items. Sex, organs, babies, and college athletics are among the many topics that have received attention. The debates often have proceeded, however, as if they involve markets on one side and the state on the other, with the relevant question being the ways in which the latter can or should try to facilitate, restrict, or rely on the former. In this article, we approach the relationship between ...


The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk May 2017

The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk

Catherine Fisk

Professors Erwin Chemerinsky and Catherine Fisk take issue on several grounds with Boy Scouts of America v. Dale, in which the Supreme Court held that the Boy Scouts have a First Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale 's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-and it did so at the expense of ...


To Kill A Cuckoo Bird: Louisiana’S Dual Paternity Problem, Henry S. Rauschenberger May 2017

To Kill A Cuckoo Bird: Louisiana’S Dual Paternity Problem, Henry S. Rauschenberger

Louisiana Law Review

The article focuses on the Louisiana's law of filiation and the way it has given rise to the doctrinal problem of dual paternity, and discusses Department of Children and Family Services ex rel. A.L. v. Lowrie court case on same; and problem of forced dual paternity.


Some Rough Historical Parallels Between South Africa And The United States, Denis Binder May 2017

Some Rough Historical Parallels Between South Africa And The United States, Denis Binder

Journal of Comparative Urban Law and Policy

No abstract provided.


Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor May 2017

Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor

Journal of Comparative Urban Law and Policy

After apartheid was repealed in South Africa, the country’s system of forced segregation officially ended. Vestiges of racial discrimination remain, however, including spatial segregation in housing, income inequality, and huge disparities in the government’s provisioning of basic services. The poorest of South Africa’s citizens live in peripheral communities, far from city centers and employment hubs. The poorest communities often lack safe streets and safe toilets. Whereas wealthier South Africans are able to pay private policing companies to provide armed security, those in the poorest of communities must live with regular fear of violent crime. The problem is ...


Taxation, Competitiveness, And Inversions: A Response To Kleinbard, Michael S. Knoll May 2017

Taxation, Competitiveness, And Inversions: A Response To Kleinbard, Michael S. Knoll

Faculty Scholarship at Penn Law

In this report, I argue that the inversion situation is more nuanced, complex, and ambiguous than Edward D. Kleinbard acknowledges, and I challenge Kleinbard’s claim that U.S. multinationals are on a tax par with their foreign competitors.


A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz May 2017

A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz

BYU Law Review

Being political scapegoats in the indefinite “war on terror” is the new normal for Muslims in America. With each federal election cycle or terrorist attack in a Western country comes a spike in islamophobia. Candidates peddle tropes of Muslims as terrorists in campaign materials and political speeches to solicit votes. Government officials call for bold measures—extreme vetting, categorical bans, and mass deportations—to regulate and exclude Muslim bodies from U.S. soil. The racial subtext is that Muslims in the United States are outsiders who do not belong to the political community. A case in point is the “Muslim ...


Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright Apr 2017

Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright

Lincoln Memorial University Law Review

This Note addresses Tennessee's no-fault divorce statute. Currently, married couples are forced to either agree on all issues or prove at least one fault ground. This author contends that the current law imposes an unnecessary burden on litigants, which wastes precious resources that Tennessee families could use for more productive purposes. Moreover, pure no-fault states have not seen a disproportionate rise in divorce rates. Last, pure no-fault divorce better reflects current societal trends and the evolving effect of religious affiliation on how a younger generation defines morality.


Discrimination And Association, Caleb C. Wolanek Apr 2017

Discrimination And Association, Caleb C. Wolanek

Concordia Law Review

In September 2016, the United States Commission on Civil Rights issued a report entitled Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties. In that report, the Commission argued that the law permits—and justice requires—that decision-makers prioritize nondiscrimination over civil liberties like freedom of religion and freedom of association. For example, the report endorsed the view that religious liberty should be limited as much as possible to freedom of belief; conduct “should conform to law.” This is because religion is discriminatory and can be used as a front for discriminatory activities. Nondiscrimination policies, in contrast, “are of preeminent importance ...