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Full-Text Articles in Law

Forty Years Of Disability Policy In Legal Education And The Legal Profession: What Has Changed And What Are The New Issues, Laura Rothstein Aug 2018

Forty Years Of Disability Policy In Legal Education And The Legal Profession: What Has Changed And What Are The New Issues, Laura Rothstein

Laura Rothstein

No abstract provided.


Understanding The Importance Of Ferpa & Data Protection In Higher Education. An Application: Website At La Salle University, Robert Frank, Lynne Wagner May 2018

Understanding The Importance Of Ferpa & Data Protection In Higher Education. An Application: Website At La Salle University, Robert Frank, Lynne Wagner

Mathematics and Computer Science Capstones

Personal data protection is a paramount conversation globally. The higher education industry is abundant in varying types of highly sensitive information; the security of this data is critical, requiring all stakeholders be educated and aware of the standards and best practice securing it. This project’s main outcome is to conduct in-depth research on personal data protection regulations within higher education and the development of an example educational webpage for the La Salle University community relating to policy, practice, and procedures of the Family Educational Rights and Privacy Act (FERPA).

The Mission of La Salle University affirms a community commitment to …


Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney May 2018

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Georgia State University Law Review

One of the major branches of the field of law and literature is often described as “law as literature.” Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes.

Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law …


Rwu First Amendment Blog: Dean Yelnosky's Blog: Ruling Could Destroy Labor Unions As We Know Them 2-26-2018, Michael J. Yelnosky Feb 2018

Rwu First Amendment Blog: Dean Yelnosky's Blog: Ruling Could Destroy Labor Unions As We Know Them 2-26-2018, Michael J. Yelnosky

Law School Blogs

No abstract provided.


Too Clever By Half: Commanding The Nonuse Of State Authority To Regulate Health Benefits In The Aca, Michael F. Ryan Feb 2018

Too Clever By Half: Commanding The Nonuse Of State Authority To Regulate Health Benefits In The Aca, Michael F. Ryan

University of Massachusetts Law Review

Prior to the enactment of the Patient Protection and Affordable Care Act (ACA), state legislatures routinely passed laws requiring health insurance carriers to cover certain health care services or providers. At the behest of the insurance industry, Congress attempted to use the health reform law as a vehicle to reign in state-specific “mandated benefit” laws. That being said, the ACA does not prevent states from enacting mandated benefit laws; in fact, the statute expressly permits states to enact such laws. Instead, Congress created a significant barrier to continued state-specific regulation of health insurance benefits. Specifically, 42 U.S.C. § 18031(d)(3)(B)(ii) (Section …


Going To The Clerk’S Office And We’Re Not Going To Get Married, Alicia F. Blanchard Feb 2018

Going To The Clerk’S Office And We’Re Not Going To Get Married, Alicia F. Blanchard

University of Massachusetts Law Review

Same-sex marriage is a controversial topic subject to great debate. The Supreme Court in 2015 federally recognized the legality of same-sex marriages in Obergefell v. Hodges. Despite this ruling, some people looked for any reason to denounce the holding. Perhaps none were more vocal than those who rejected same-sex marriage on the basis of their religious tenets. Miller v. Davis provided people who were morally opposed to same-sex marriage a platform to support their concerns grounded in a First Amendment right to freedom of religion. The question is how far does one’s freedom of religion extend? Does freedom of religion …


Paid Parental Leave: An Investigation And Analysis Of Australian Paid Parental Leave Frameworks With Reference To Selected European Oecd Countries, Greg Lynn Jan 2018

Paid Parental Leave: An Investigation And Analysis Of Australian Paid Parental Leave Frameworks With Reference To Selected European Oecd Countries, Greg Lynn

Theses

xiii ABSTRACT In 2010, the Australian federal government introduced a national scheme of taxpayer-funded paid parental leave. This legislation was introduced only after much political debate and came after more than 100 years of reform to Australian industrial law to make employment laws work better for employees with families. These reforms occurred on the back of a long history of relatively slow female legal emancipation in Australia and the concept of employment rights for women having children is a relatively new legal concept. Australian employment law has traditionally been conceptualised in terms of the paradigm of ‘the male breadwinner,’ supported …