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Full-Text Articles in Law

Law Library Guide 2016–2017, Kresge Law Library, Research & Teaching Team Jan 2106

Law Library Guide 2016–2017, Kresge Law Library, Research & Teaching Team

Law Library Guide

The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.


The Foreign Account Tax Compliance Act: A Constitutional Analysis, Samantha Mckay Jan 2018

The Foreign Account Tax Compliance Act: A Constitutional Analysis, Samantha Mckay

Law School Student Scholarship

No abstract provided.


The Rise Of Bullying As A Public Health Issue, Saba Nazir Jan 2018

The Rise Of Bullying As A Public Health Issue, Saba Nazir

Law School Student Scholarship

No abstract provided.


Municipal Dissemination Of Utilizable Information With Mobile Applications To Effectuate Lifestyle Changes To Combat And Prevent Obesity, Robert J. Wishnia Jan 2018

Municipal Dissemination Of Utilizable Information With Mobile Applications To Effectuate Lifestyle Changes To Combat And Prevent Obesity, Robert J. Wishnia

Law School Student Scholarship

No abstract provided.


Current Topics In Internet Law Data Breach Liability, Fadja Tassey Jan 2018

Current Topics In Internet Law Data Breach Liability, Fadja Tassey

Law School Student Scholarship

No abstract provided.


Effect Of Intelligent Design, Evolution, And Creationism On Critical Thinking, Pasha Razi Jan 2018

Effect Of Intelligent Design, Evolution, And Creationism On Critical Thinking, Pasha Razi

Law School Student Scholarship

No abstract provided.


Employee Health Benefit Programs—Who Are They Really Benefitting?, Ashley Fletcher Jan 2018

Employee Health Benefit Programs—Who Are They Really Benefitting?, Ashley Fletcher

Law School Student Scholarship

No abstract provided.


Animal Welfare Is A Major Public Health Concern, Lady S. Ruiz Jan 2018

Animal Welfare Is A Major Public Health Concern, Lady S. Ruiz

Law School Student Scholarship

No abstract provided.


Hiv Pre-Exposure Prophylaxis: Are We “Preping” For A New Epidemic?, Christopher Disanto Jan 2018

Hiv Pre-Exposure Prophylaxis: Are We “Preping” For A New Epidemic?, Christopher Disanto

Law School Student Scholarship

No abstract provided.


Public Health And Sterilization Of The Mentally Disabled: Under What Circumstances Should It Be Scrutinized Versus Granted By Court Order?, Devin Griffin Jan 2018

Public Health And Sterilization Of The Mentally Disabled: Under What Circumstances Should It Be Scrutinized Versus Granted By Court Order?, Devin Griffin

Law School Student Scholarship

No abstract provided.


Strategies To Combat Antibiotic Resistance, Amit Singhai Jan 2018

Strategies To Combat Antibiotic Resistance, Amit Singhai

Law School Student Scholarship

No abstract provided.


Concutere – Latin Verb Meaning “To Shake Violently”;, Gregory P. Coates Jan 2018

Concutere – Latin Verb Meaning “To Shake Violently”;, Gregory P. Coates

Law School Student Scholarship

No abstract provided.


Prison Officials’ Failure To Provide Adequate Health Care For Trans Prisoners Must Be Presumed To Be Deliberately Indifferent, A Key To A Cruel And Unusual Constitutional Violation, Timothy Chessher Jan 2018

Prison Officials’ Failure To Provide Adequate Health Care For Trans Prisoners Must Be Presumed To Be Deliberately Indifferent, A Key To A Cruel And Unusual Constitutional Violation, Timothy Chessher

Law School Student Scholarship

No abstract provided.


Physician Assisted Suicide: An End Of Life Care Option That Should Be Available To All Dying Patients, Terra Buckley Jan 2018

Physician Assisted Suicide: An End Of Life Care Option That Should Be Available To All Dying Patients, Terra Buckley

Law School Student Scholarship

No abstract provided.


Economic Analysis In Labor Regulation, Hiba Hafiz Jan 2018

Economic Analysis In Labor Regulation, Hiba Hafiz

Journal Articles

No abstract provided.


A Complex Analysis Of The World Of Student Loans, Aiyana Gallardo Jan 2018

A Complex Analysis Of The World Of Student Loans, Aiyana Gallardo

Law School Student Scholarship

No abstract provided.


Reforming The Law On Police Use Of Deadly Force: De-Escalation, Pre-Seizure Conduct, And Imperfect Self-Defense, Cynthia Lee Jan 2018

Reforming The Law On Police Use Of Deadly Force: De-Escalation, Pre-Seizure Conduct, And Imperfect Self-Defense, Cynthia Lee

GW Law Faculty Publications & Other Works

No abstract provided.


The "Publicization" Of Private Space, Sarah B. Schindler Jan 2018

The "Publicization" Of Private Space, Sarah B. Schindler

Faculty Publications

Recently, many urban areas have moved away from the creation of publicly owned open spaces and toward privately owned public open spaces, or POPOS. These POPOS take many forms: concrete plazas that separate a building from the sidewalk; glass-windowed atriums in downtown office buildings; rooftop terraces and gardens; and grass-covered spaces that appear to be traditional parks. This Article considers the nature of POPOS and examines whether they live up to expectations about the role that public space should play and the value it should provide to communities. This is especially important because in embracing POPOS, cities have made a ...


The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, Laverne A. Jacobs Jan 2018

The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, Laverne A. Jacobs

Law Publications

Transportation is the lifeline that connects persons with disabilities with the community, facilitating greater opportunities for work, social inclusion and overall independence. Adequate accessible transportation has long been a concern of persons with disabilities. Yet, there is a dearth of sustained research on the law and society implications of transportation inequality for persons with disabilities. This paper contributes to the research on both transportation inequality and equality theory by providing an empirical and theoretical analysis of all the human rights tribunal decisions on disability discrimination and transportation in Canada. The article studies all the statutory human rights decisions on disability ...


Human Rights Extraterritoriality: The Right To Privacy And National Security Surveillance, Francesca Bignami, Giorgio Resta Jan 2018

Human Rights Extraterritoriality: The Right To Privacy And National Security Surveillance, Francesca Bignami, Giorgio Resta

GW Law Faculty Publications & Other Works

This chapter focuses on the international right to privacy and national security surveillance by spy agencies. It assesses the extent to which the law of the United States and Europe (EU and ECtHR) afford extraterritorial protection for the right to privacy, in furtherance of the international human right to privacy. The chapter concludes that U.S. law draws a stark line between insiders (U.S. citizens and permanent residents) and outsiders, and affords significantly more protection for insiders. On the European side, even though the EU does not have jurisdiction internally over spy agencies, it does have the power to ...


Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati Jan 2018

Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati

Faculty Scholarship

On June 11, 2017, Puerto Rico held a referendum on its legal status. Although turnout was low, 97% of ballots favored statehood, rather than independence or the status quo. The federal government, however, has financial and political reasons to resist this preference: Puerto Rico would bring with it a massive, unpayable debt, and the potential to swing the current balance of power in Congress. That then raises the two questions of whether Congress could decide expel Puerto Rico (give it “independence”) or is legally required to give it statehood (“accession”).

The answers are not obvious. International law, we argue, suggests ...


U.S. War Powers And The Potential Benefits Of Comparativism, Curtis A. Bradley Jan 2018

U.S. War Powers And The Potential Benefits Of Comparativism, Curtis A. Bradley

Faculty Scholarship

There is no issue of foreign relations law more important than the allocation of authority over the use of military force. This issue is especially important for the United States given the frequency with which it is involved in military activities abroad. Yet there is significant uncertainty and debate in the United States over this issue — in particular, over whether and to what extent military actions must be authorized by Congress. Because U.S. courts in the modern era have generally declined to review the legality of military actions, disputes over this issue have had to be resolved, as a ...


Picketing In The New Economy, Hiba Hafiz Jan 2018

Picketing In The New Economy, Hiba Hafiz

Journal Articles

No abstract provided.


The States' Interest In Federal Procedure, Diego Zambrano Jan 2018

The States' Interest In Federal Procedure, Diego Zambrano

Journal Articles

No abstract provided.


Step Therapy: Legal And Ethical Implications Of A Cost-Cutting Measure, Sharona Hoffman Jan 2018

Step Therapy: Legal And Ethical Implications Of A Cost-Cutting Measure, Sharona Hoffman

Faculty Publications

The very high and ever-increasing costs of medical care in the United States are well-recognized and much discussed. Health insurers have employed a variety of strategies in an effort to control their expenditures, including one that is common but has received relatively little attention: step therapy. Step therapy programs require patients to try less expensive treatments and find them to be ineffective or otherwise problematic before the insurer will approve a more high-priced option. This Article is the first law journal piece dedicated to analyzing this important cost control measure.

The Article explores the strengths and weaknesses of step therapy ...


Auer Evasions, Jonathan Adler Jan 2018

Auer Evasions, Jonathan Adler

Faculty Publications

Auer v. Robbins requires federal courts to defer to federal agency interpretations of ambiguous regulations. Auer built upon, and arguably expanded, the Court’s long-standing practice of deferring to agency interpretations of their own regulations born in Bowles v. Seminole Rock. Although initially uncontroversial, the doctrine has come under fire from legal commentators and prominent jurists, including Auer’s author, the late Justice Antonin Scalia. As Justice Scalia came to recognize, Auer deference enables agencies to evade a wide range of legal constraints that are otherwise imposed upon agency behavior, the ability of agencies to take action with the force ...


Making Innovation More Competitive: The Case Of Fintech, Rory Van Loo Dec 2017

Making Innovation More Competitive: The Case Of Fintech, Rory Van Loo

Faculty Scholarship

This Article examines recent financial technology (“fintech”) developments to diagnose the federal regulatory institutional framework surrounding innovation. Startups offer artificially intelligent financial assistants, touchless payments, and other potentially game-changing products for individuals. Yet unlike more lightly regulated industries such as retail goods, in consumer finance barriers to entry have insulated the largest businesses from competition. Regulatory insulation helps explain why “Too Big To Fail” banks have become bigger, U.S. innovation has lagged that of foreign countries, and consumers pay higher prices. Taking an institutional lens to this problem reveals an overlooked shortcoming in financial regulation: the organizational design of ...


Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), Krystina Viernes Dec 2017

Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), Krystina Viernes

Nevada Supreme Court Summaries

The Court considered whether a party may appeal a district court’s order granting an NRCP 60(b) motion to set aside a final judgment for fraud upon the court. The Court held the district court’s order interlocutory and may not be appealed until a final judgment is entered.The Court held that the district court was not barred from considering the NRCP 60(b) motion and the district court did not abuse its discretion in granting relief based on fraud upon the court.


Making The Most Of Cooperative Federalism: What The Clean Power Plan Has Already Achieved, Gabriel Pacyniak Dec 2017

Making The Most Of Cooperative Federalism: What The Clean Power Plan Has Already Achieved, Gabriel Pacyniak

Faculty Scholarship

The fate of the EPA's Clean Power Plan-the signature Obama Administration action to reduce greenhouse gas ("GHG") emissions from existing power plants under the Clean Air Act-is uncertain at best given pending litigation and the opposition of President Donald Trump. Despite this uncertainty, the development of the Clean Power Plan provides an important case study of how rulemaking under a cooperative federalism statutory structure can prompt broad, beneficial policy engagement by states and stakeholders, even in a contentious regulatory action. In the development of the Clean Power Plan, active state and stakeholder engagement and an iterative process of "trying ...


The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children's Disclosure Of A Minor Transgression, Jodi A. Quas, Stacia N. Stolzenberg, Thomas D. Lyon Nov 2017

The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children's Disclosure Of A Minor Transgression, Jodi A. Quas, Stacia N. Stolzenberg, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

This study examined the utility of two interview instructions designed to overcome children’s reluctance to disclose transgressions: eliciting a promise from children to tell the truth and the putative confession (telling children that a suspect “told me everything that happened and wants you to tell the truth”). The key questions were whether the instructions increased disclosure in response to recall questions and in response to recognition questions that were less or more explicit about transgressions, and whether instructions were differentially effective with age. Two-hundred and seventeen 4- to 9-year-old maltreated and comparable non-maltreated children played with a stranger. This ...