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Articles 151 - 180 of 435
Full-Text Articles in Law
Addressing The Ethical, Legal, And Social Issues Raised By Voting By Persons With Dementia, Jason H. Karlawish, Richard J. Bonnie, Paul S. Appelbaum, Constantine Lyketsos, Bryan James, David Knopman, Christopher Patusky, Rosalie A. Kane, Pamela S. Karlan
Addressing The Ethical, Legal, And Social Issues Raised By Voting By Persons With Dementia, Jason H. Karlawish, Richard J. Bonnie, Paul S. Appelbaum, Constantine Lyketsos, Bryan James, David Knopman, Christopher Patusky, Rosalie A. Kane, Pamela S. Karlan
Bryan G Kane MD
This article addresses an emerging policy problem in the United States participation in the electoral process by citizens with dementia. At present, health care professionals, family caregivers, and long-term care staff lack adequate guidance to decide whether individuals with dementia should be precluded from or assisted in casting a ballot. Voting by persons with dementia raises a series of important questions about the autonomy of individuals with dementia, the integrity of the electoral process, and the prevention of fraud. Three subsidiary issues warrant special attention: development of a method to assess capacity to vote; identification of appropriate kinds of assistance …
Capturing Regulatory Reality: Stigler’S The Theory Of Economic Regulation, Christopher Carrigan, Cary Coglianese
Capturing Regulatory Reality: Stigler’S The Theory Of Economic Regulation, Christopher Carrigan, Cary Coglianese
All Faculty Scholarship
This paper offers a retrospective assessment of economist George Stigler’s classic article, The Theory of Economic Regulation. Stigler argued that regulation is a product that, just like any other product, is produced in a market, and that it can be acquired from the governmental “marketplace” by business firms to serve their private interests and create barriers to entry for potential competitors. He challenged the idea that regulation arises solely to serve the public interest and demonstrated that important political advantages held by businesses can contribute to industry capture of the regulatory process. Although his argument was largely based on …
Administrative Law: The U.S. And Beyond, Cary Coglianese
Administrative Law: The U.S. And Beyond, Cary Coglianese
All Faculty Scholarship
Administrative law constrains and directs the behavior of officials in the many governmental bodies responsible for implementing legislation and handling governance responsibilities on a daily basis. This field of law consists of procedures for decision making by these administrative bodies, including rules about transparency and public participation. It also encompasses oversight practices provided by legislatures, courts, and elected executives. The way that administrative law affects the behavior of government officials holds important implications for the fulfillment of democratic principles as well as effective governance in society. This paper highlights salient political theory and legal issues fundamental to the U.S. administrative …
Introduction: Imagining Post-Neoliberal Regulatory Subjectivities, Mika Viljanen Dr, Mikko Rajavuori, Tal Kastner
Introduction: Imagining Post-Neoliberal Regulatory Subjectivities, Mika Viljanen Dr, Mikko Rajavuori, Tal Kastner
Indiana Journal of Global Legal Studies
To explore these tentative diagnoses and conceptualizations we called for papers engaging different aspects of law's subjectivity turn. A selection of papers that map the possible genealogies for the emergence of post-neoliberal law, address the implications of anthropomorphic corporate regulation, or analyze transformations in sovereign subjectivities is now published in this symposium issue. The papers take up and make salient an array of the big questions of our day.
While overlapping, the papers can be broadly divided into two categories. The first category consists of papers that explore the internal make-up of legal and regulatory subjectivities. Drawing on history, queer …
Documentation And Emotions: Producing Displaced Legal Subjects, Susan M. Sterett
Documentation And Emotions: Producing Displaced Legal Subjects, Susan M. Sterett
Indiana Journal of Global Legal Studies
Disasters are globally inflected today in humanitarian assistance, the organizations that support people after disaster and operate globally, and in the mobilization of arguments international human rights arguments. The domestic bureaucratic processes of humanitarian assistance after disaster in the United States do not state these connections; after Hurricane Katrina in the United States, they were most evident in the people and organizations that helped, and in the flow of humanitarian assistance from around the world that paid for assistance. Second, domestic documents for claiming assistance must limit that assistance to people hurt in disaster. That means they assist people who …
State Ownership And The United Nations Business And Human Rights Agenda: Three Instruments, Three Narratives, Mikko Rajavuori
State Ownership And The United Nations Business And Human Rights Agenda: Three Instruments, Three Narratives, Mikko Rajavuori
Indiana Journal of Global Legal Studies
The rise of globally-oriented state ownership has emerged as a crucial issue across political, economic, and legal planes during the past decade. Contrary to the traditional approach where state ownership is viewed primarily through trade law, antitrust law, and corporate law, this article discusses the proliferating state shareholder power in relation to international human rights law. In particular, the article interrogates three recent U.N. human rights governance instruments by using narratives that highlight perils, potential, and specialty of state ownership in the emerging business and human rights agenda. It is argued that the U.N. instruments realize the changes in the …
Toward An International Constitution Of Patient Rights, Alison Poklaski
Toward An International Constitution Of Patient Rights, Alison Poklaski
Indiana Journal of Global Legal Studies
In the past decade, medical tourism-the travel of patients across borders to receive medical treatment-has undergone unprecedented growth, fueled by the globalization of health care and related industries. While medical tourism can benefit patients through increased access to treatment and cost-savings, medical travel also raises concerns about ensuring quality of care and legal redress in medical malpractice. Moreover, existing regulations fail to address these unprecedented issues. The multilateral adoption of an International Constitution of Patient Rights (ICPR) is necessary in order to more effectively preserve medical tourism's benefits and guard against its risks.
Increasing Health Care Access In Yemen Through Community-Based Health Insurance, Matthew Fuss
Increasing Health Care Access In Yemen Through Community-Based Health Insurance, Matthew Fuss
Indiana Journal of Global Legal Studies
This Note addresses the implementation of health insurance reform in Yemen. As a result of a system of user fees and a lack of health insurance, the current regime poses serious barriers to health care access for Yemen's uninsured citizens. When the dust settles from the ongoing conflict with Houthi rebels, the time will be ripe for replacing Yemen's health financing system. In order to rebuild trust and curb abuse in the public health system, legal reforms are required to implement health insurance through decentralized decision-making and accountability measures. The Welfare Regime Framework accommodates these general reforms through policies that …
Economic Windfalls And The Affordable Care Act: A Policy Proposal, Joshua Congdon-Hohman, Victor Matheson
Economic Windfalls And The Affordable Care Act: A Policy Proposal, Joshua Congdon-Hohman, Victor Matheson
Economics Department Working Papers
This paper identifies a major issue with windfall payments under either possible interpretation of the ACA as it currently stands. Several alternatives are proposed that would eliminate the windfalls. We advocate the establishment of a tort award funded “Federal Stabilization Fund” to improve the economic efficiency of future health care awards in the age of the Affordable Care Act
Self Sufficiency In Refugees, Sarah Zayed
Self Sufficiency In Refugees, Sarah Zayed
Independent Study Project (ISP) Collection
The Syrian refugee crisis has taken the world by storm as it is not only a Jordanian issue or a Middle Eastern issue but rather it is a humanitarian crisis. The intent of this research is to study Syrian refugees living in Jordan whom are living outside of refugee camps and their level of self-sufficiency. A few ideas the researcher has kept in mind throughout this study are: Are refugees working in the same fields as they did in Syria? Does Jordan really invest in these workers? What is the Syrian point of view? What is the Jordanian government point …
Geopolitical Implications Of The Sino-Japanese East China Sea Dispute For The U.S., Bert Chapman
Geopolitical Implications Of The Sino-Japanese East China Sea Dispute For The U.S., Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Much analysis on Asian strategic challenges facing the U.S. has justifiably emphasized the South China Sea (SCS). This has also been reflected in 2016 presidential campaign debate on the SCS as an emerging area of U.S. foreign and national security policy concern. The East China Sea (ECS) is at least as important for the strategic interests of the U.S. and its allies given the tension between China and Japan over the Senkaku/Diaoyu islands, potential energy resources in this body of water, increasing defense spending by adjacent geographic powers, the area’s importance as a maritime international trade route, and the possibility …
Regulatory Barriers In The Field Of Gambling: How Much Virtuality Can A Bet Take?, Peter Naessens Mr.
Regulatory Barriers In The Field Of Gambling: How Much Virtuality Can A Bet Take?, Peter Naessens Mr.
International Conference on Gambling & Risk Taking
Bets are a special type of game of chance. In a certain sense, you could think of all games of chance as a bet (bet that the roulette ball comes to rest in number 7, betting on the correct result in the lottery etc.), but most countries have implemented a categorisation. A categorisation that is not only under pressure online, but just as much in the real world with the introduction of virtual bets.
In Belgium, virtual bets were accepted because bets are highly dependent on events, and players also like to make a bet when no events are taking …
Slides: Drought In The Murray Darling Basin: A 100 Year Perspective, Daniel Connell
Slides: Drought In The Murray Darling Basin: A 100 Year Perspective, Daniel Connell
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Daniel Connell, Australian National University
22 slides
Slides: Water Governance Innovation And Transnational Networks, Michele-Lee Moore
Slides: Water Governance Innovation And Transnational Networks, Michele-Lee Moore
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Michele-Lee Moore, Assistant Professor, Department of Geography, University of Victoria; Water, Innovation, and Global Governance Lab
10 slides
Slides: The Colorado And Murray-Darling Panel Discussion, Brad Udall
Slides: The Colorado And Murray-Darling Panel Discussion, Brad Udall
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Brad Udall, Senior Scientist/Scholar, Colorado State University
12 slides
Slides: Dam Operations: Does A Changing World Call For Changing Plans?, Reed D. Benson
Slides: Dam Operations: Does A Changing World Call For Changing Plans?, Reed D. Benson
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Reed D. Benson, University of New Mexico School of Law
13 slides
Slides: Data Sharing And River Basin Modelling: From The Colorado To The Nile, Kevin Wheeler
Slides: Data Sharing And River Basin Modelling: From The Colorado To The Nile, Kevin Wheeler
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Kevin Wheeler, University of Oxford
29 slides
Slides: Water Allocation And Water Markets In Spain, Nuria Hernández-Mora
Slides: Water Allocation And Water Markets In Spain, Nuria Hernández-Mora
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Nuria Hernández Mora, Universidad de Sevilla, Spain
22 slides
Slides: Learning From Drought Crises In Federations: Principles, Indicators And Lessons Learned, Lucia De Stefano, Dustin Garrick, Daniel Connell
Slides: Learning From Drought Crises In Federations: Principles, Indicators And Lessons Learned, Lucia De Stefano, Dustin Garrick, Daniel Connell
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenters:
Lucia De Stefano, Complutense Universidad de Madrid
Dustin Garrick, McMaster University/University of Oxford
Daniel Connell, Australia National University
27 slides
Social Casino Gaming: Legal (R)Evolution, Behnam Dayanim
Social Casino Gaming: Legal (R)Evolution, Behnam Dayanim
International Conference on Gambling & Risk Taking
Social games—and social casino games— have exploded in popularity. As of 2012, 800 million people, or 12 percent of the world’s population, were playing social games at least once per month. That number is expected to double to 1.5 billion by the end of 2015.To put that number in perspective, as of 2012, only 50 million people are believed to have participated on real-money online gambling sites. Yet, the legal issues surrounding social casino gaming remain largely unexplored. Only now has litigation tentatively started to explore the outer limits of permissible social gaming. I propose to define "social" and "social …
Slides: Drought In Federations: The Rio Grande, Adrian Oglesby
Slides: Drought In Federations: The Rio Grande, Adrian Oglesby
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Adrian Oglesby, Director, Utton Transboundary Resources Center, University of New Mexico School of Law
4 slides
Slides: The Colorado River Basin, Larry Macdonnell
Slides: The Colorado River Basin, Larry Macdonnell
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Larry MacDonnell, Senior Fellow, Getches-Wilkinson Center, University of Colorado
17 slides
Slides: Arizona Contributions To Address Lake Mead's Structural Deficit, Amy Mccoy
Slides: Arizona Contributions To Address Lake Mead's Structural Deficit, Amy Mccoy
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Amy McCoy, Director, Aylward + McCoy & Pilz Consulting LLC, University of Arizona
18 slides
Slides: The Columbia River Basin, Barbara Cosens
Slides: The Columbia River Basin, Barbara Cosens
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Barbara Cosens, Professor and Associate Dean of Faculty, University of Idaho College of Law, Waters of the West Interdisciplinary Program
16 slides
Slides: Politics Of Interstate Water Cooperation And Conflicts: The Case Of Krishna River, India, Srinivas Chokkakula
Slides: Politics Of Interstate Water Cooperation And Conflicts: The Case Of Krishna River, India, Srinivas Chokkakula
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Srinivas Chokkakula, Centre for Policy Research, New Delhi; Research Fellow, SOAS, University of London
16 slides
Slides: Water Management In Spain, Teodoro Estrela
Slides: Water Management In Spain, Teodoro Estrela
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Teodoro Estrela, Júcar River Basin Authority, Spain
15 slides
Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Water scarcity is increasingly dominating headlines throughout the world. In the southwestern USA, the looming water shortages on the Colorado River system and the unprecedented drought in California are garnering the greatest attention. Similar stories of scarcity and crisis can be found across the globe, suggesting an opportunity for sharing lessons and innovations. For example, the Colorado River and Australia's Murray-Darling Basin likely can share many lessons, as both systems were over-allocated, feature multiple jurisdictions, face similar climatic risks and drought stresses, and struggle to balance human demands with environmental needs. In this conference we cast our net broadly, exploring …
Slides: Scarcity And Bc's Water Future - The Evolution Of Western Water Law?, Oliver M. Brandes
Slides: Scarcity And Bc's Water Future - The Evolution Of Western Water Law?, Oliver M. Brandes
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Oliver M. Brandes, University of Victoria
28 slides
Slides: Murray-Darling Basin, Australia, Tony Mcleod
Slides: Murray-Darling Basin, Australia, Tony Mcleod
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Tony McLeod, MDBA, Murray-Darling Basin Authority
17 slides
Slides: Environmental Flows In The Era Of 'River Anthropology', Rebecca Tharme
Slides: Environmental Flows In The Era Of 'River Anthropology', Rebecca Tharme
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Rebecca Tharme, Riverfutures Ltd.
18 slides