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Full-Text Articles in Law

A House Divided: The Incompatible Positions Of The Centers For Disease Control And The Equal Employment Opportunity Commission On Obesity As A Disability, Kent Kauffman Aug 2012

A House Divided: The Incompatible Positions Of The Centers For Disease Control And The Equal Employment Opportunity Commission On Obesity As A Disability, Kent Kauffman

Kent D Kauffman

The question whether obesity was a covered disability under the Americans with Disabilities Act (ADA) was inconsistently answered by the federal courts. But the passage of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) revised the federal government's position on obesity as a disability, and the Equal Employment Opportunity Commission has, as a result, taken a more assertive role in this area of disability discrimination. The difficulty with the EEOC's position is that is disregards the reality that obesity presents in the workplace, one of ever-burgeoning and unsustainable costs. It is also a stance that is ...


Beyond Practical Skills: Nine Steps For Improving Legal Education Now, R. Michael Cassidy Aug 2012

Beyond Practical Skills: Nine Steps For Improving Legal Education Now, R. Michael Cassidy

R. Michael Cassidy

It has been five years since the Carnegie Report “Educating Lawyers” called upon law schools to adopt an integrated approach to professional education that teaches practical skills and professionalism across the curriculum. Yet so far, very few schools have responded to this clarion call for wholesale curricular reform. Considering the inertial effect of traditional law school pedagogy and the institutional impediments to change, this delay is not surprising. A fully integrated approach to teaching professional skills (such as the medical school model) would require major resource reallocations, realignment of teaching responsibilities, redesign of courses, and a change to graduation requirements ...


Clinical Management Of Chronic Pain And Narcotics, Dean Hashimoto Aug 2012

Clinical Management Of Chronic Pain And Narcotics, Dean Hashimoto

Dean M. Hashimoto

A lecture given at a conference on absence management in workplaces.


Investing In Health Care: What Happens When Physicians Invest And Why The Recent Changes In The Patient Protection And Affordable Care Act Fail To Protect Patients From Their Physicians’ Self Interest, Nancy Zisk Aug 2012

Investing In Health Care: What Happens When Physicians Invest And Why The Recent Changes In The Patient Protection And Affordable Care Act Fail To Protect Patients From Their Physicians’ Self Interest, Nancy Zisk

Nancy L. Zisk

No abstract provided.


Searching For A Needle In A Haystack: Indications Of Social Justice Among Aspiring Leaders, Vonzell Agosto, Zorka Karanxha Aug 2012

Searching For A Needle In A Haystack: Indications Of Social Justice Among Aspiring Leaders, Vonzell Agosto, Zorka Karanxha

Zorka Karanxha

We conducted a content analysis of 34 statements of interest submitted by applicants applying to an education leadership preparation program. The purpose of the analysis was to understand the applicants’ orientations toward social justice. Using Kumashiro’s (2000) and Apple’s discussions of anti-oppressive education, we identified three practices in the candidates’ treatment of the writing prompt concerning leadership related to Othering: ignoring, marginalizing, and mentioning. The fourth practice, embodying (evidencing through practice) a social justice orientation, was a practice we identified in statements submitted by a few applicants (n=7). This article centers on the analysis of the applications ...


The Priority Of Respect Over Repair, Gregory C. Keating Aug 2012

The Priority Of Respect Over Repair, Gregory C. Keating

Gregory C. Keating

Contemporary tort theory is dominated by a debate between legal economists and corrective-justice theorists. Legal economists suppose that tortfeasors and tortious wrongs are false targets for cheapest cost-avoiders and avoidable future losses. Corrective-justice theorists argue powerfully that the economic account of tort as search for cheapest cost-avoiders with respect to future accidents does not capture the most fundamental fact about tort adjudication, namely, that the reason we hold defendants liable in tort is that they have wronged their victims and should therefore repair the harm they have done. Deterring cheapest cost-avoiders from committing future harms no more justifies imposing liability ...


Amicus Brief In Support Of Neither Party In Sebelius V. Auburn Reg. Med. Ctr., No. 11-1231, Scott Dodson Aug 2012

Amicus Brief In Support Of Neither Party In Sebelius V. Auburn Reg. Med. Ctr., No. 11-1231, Scott Dodson

Scott Dodson

This amicus brief in support of neither party in the merits case of Sebelius v. Auburn Regional Medical Center, No. 11-1231, urges the Supreme Court to decide the question presented (whether 42 U.S.C. § 1395oo(a)(3) permits equitable tolling) without resort to jurisdictional labels.


Natural Law And The United States Constitution, Robert S. Barker Aug 2012

Natural Law And The United States Constitution, Robert S. Barker

Robert S. Barker

The United States Constitution was written for the purpose of establishing an effective but limited national government, a government that would be capable of dealing with national and international problems, but that would not be able to violate the traditional liberties of the people. Thus, the Constitution was, and is essentially a practical-juridical document. One should not expect to find there pronouncements about the nature of man, society, law, or the state, such as are often found in many other national constitutions and international conventions. Nevertheless, several important characteristics of the Constitution -- indeed its most important characteristics -- are clear and ...


The Evolving Role Of Relational Contract In Construction Law, Carl J. Circo Aug 2012

The Evolving Role Of Relational Contract In Construction Law, Carl J. Circo

Carl J. Circo

This article appears in the fall 2012 issue of The Construction Lawyer.


“The Idea Of Freedom Might Be Too Great A Temptation For Them To Resist", Peter J. Aschenbrenner Aug 2012

“The Idea Of Freedom Might Be Too Great A Temptation For Them To Resist", Peter J. Aschenbrenner

Peter J. Aschenbrenner

In Dred Scott v. Sandford, 60 U.S. 393 (1857), the Supreme Court passed up a chance to thread George Washington’s experience in transporting household staff across state lines; Washington obeyed Pennsylvania’s predicate: that a human being held to slavery in one state became free after six months in Pennsylvania. Since the features of this species of mobilia varied with the jurisdiction, the Supreme Court should have taken this landscape into account. George Washington did not import, with his household workers, ‘rules and understandings’ from Virginia.


Using Brain Imaging For Lie Detection: Where Science, Law, And Policy Collide, Daniel D. Langleben, Jane Campbell Moriarty Aug 2012

Using Brain Imaging For Lie Detection: Where Science, Law, And Policy Collide, Daniel D. Langleben, Jane Campbell Moriarty

Jane Campbell Moriarty

Progress in the use of functional magnetic resonance imaging (fMRI) of the brain to differentiate lying from truth-telling has created an expectation of a breakthrough in the search for objective methods of lie detection. In the last few years, litigants have attempted to introduce fMRI-based lie detection evidence in courts. Both the science and its possible use as courtroom evidence have spawned much scholarly discussion. This article contributes to the interdisciplinary debate by identifying the missing pieces of the scientific puzzle that need to be completed if fMRI-based lie detection is to meet the standards of either legal reliability or ...


Crowdsourcing Indie Movies, Henry H. Perritt Jr. Aug 2012

Crowdsourcing Indie Movies, Henry H. Perritt Jr.

Henry H. Perritt, Jr.

Crowdsourcing Indie Movies

Henry H. Perritt, Jr.

Abstract

Internet-centered technology developments are revolutionizing the ways in which movies can be made. The use of crowdsourcing to make indie movies is a possibility that has not yet been explored fully, although the use of crowdsourcing to raise money for artistic works is growing. Crowdsourcing can be used for every step of making a movie, increasing the range of collaboration available to creators and reducing capital requirements. The article uses a fictional account of a team of young moviemakers to explain how they can use crowdsourcing for each step of making their ...


Table Annexed To Article: Wrongfully ‘Established And Maintained’: A Census Of Congress’S Sins Against Geography, Peter J. Aschenbrenner Aug 2012

Table Annexed To Article: Wrongfully ‘Established And Maintained’: A Census Of Congress’S Sins Against Geography, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Taney, C.J. opined, for a majority of the Supreme Court, that Congress lacked the power to establish and maintain colonies as a system by which nascent states were groomed by Congress to join an expanding union. Dred Scott v. Sandford, 60 U.S. 393 (1857). Did Congress wrongfully acquire half a continent? And what was the state of the union as of the Dred Scott decision?


Table Annexed To Article: From Treaty To Territory: Ocl Inventories American Expansion, Peter J. Aschenbrenner Aug 2012

Table Annexed To Article: From Treaty To Territory: Ocl Inventories American Expansion, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL discusses patterns in state-making including nascent and nearly-nascent states. Divisions in acquisition and organization of land as well as management of territorial boundaries through multiple subdivisions are discussed.


Editorial: Social Implications Of Technology- “Il Buono, Il Brutto, Il Cattivo”, Katina Michael Aug 2012

Editorial: Social Implications Of Technology- “Il Buono, Il Brutto, Il Cattivo”, Katina Michael

Professor Katina Michael

Late last year, IEEE SSIT was invited to put together a paper for the centennial edition of Proceedings of the IEEE that was published in May 2012. The paper titled, “Social Implications of Technology: The Past, the Present, and the Future,” brought together five members of SSIT with varying backgrounds, and two intense months of collaboration and exchange of ideas. I personally felt privileged to be working with Karl D. Stephan, Emily Anesta, Laura Jacobs and M.G. Michael on this project.


60 Days To Pay – Has Medicare Reached The Point Of No Return?, Craig B. Garner Aug 2012

60 Days To Pay – Has Medicare Reached The Point Of No Return?, Craig B. Garner

Craig B. Garner

In February the Centers for Medicare & Medicaid Services (“CMS”) clarified an oft quoted existing rule: Providers must return overpayments to Medicare within 60 days “after the date on which the overpayment was identified,” or in the alternative, “the date any corresponding cost report is due, if applicable.” For providers of any size, failure to report and return Medicare overpayments pursuant to these temporal requirements may result in potential liability under the Federal False Claims Act, resulting in substantial monetary penalties and the risk of being denied future claims for reimbursement. The systemic problems facing the Medicare system today should not ...


Paradigmas Jurídicos Do Ter, Paulo Ferreira Da Cunha Aug 2012

Paradigmas Jurídicos Do Ter, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A questão da propriedade é essencial ao Direito. A forma como com ela lida determina-o na sua essência. Por isso o primeiro grande paradigma jurídico foi o do direito objetivo, com relação de propriedade direta sobre as coisas, depois o subjetivo, em que a relação se subjetiviza e aparentemente (só aparentemente) se imaterializa, ao ponto de hoje tudo ser governado pelos Mercados sem rosto, e tem-se a esperança que possa vir a triunfar um Direito Novo, Humanista, Fraterno, em que conte mais a Pessoa que a propriedade. Este artigo recorda os momentos matinais em que se (de alguma forma miticamente ...


How To Survive A Fight Between Two Giants?, Tao Liang Aug 2012

How To Survive A Fight Between Two Giants?, Tao Liang

Tao (Tim) LIANG

How to deal with a difficult situation that competent regulators in different jurisdictions have sent contradicting instructions? Deloitte Touche Tohmatsu Certified Public Accountants Ltd. (“Deloitte Shanghai”) located in Shanghai is in such a dilemma. This article will analyze this dilemma and explore the possibility of finding alternative dispute resolutions.


Wrongfully ‘Established And Maintained’: A Census Of Congress’S Sins Against Geography, Peter J. Aschenbrenner Aug 2012

Wrongfully ‘Established And Maintained’: A Census Of Congress’S Sins Against Geography, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Taney, C.J. opined, for a majority of the Supreme Court, that Congress lacked the power to establish and maintain colonies as a system by which nascent states were groomed by Congress to join an expanding union. Dred Scott v. Sandford, 60 U.S. 393 (1857). Did Congress wrongfully acquire half a continent? And what was the state of the union as of the Dred Scott decision?


Paradoxes And Puzzles For The Family, Richard A. Westin Aug 2012

Paradoxes And Puzzles For The Family, Richard A. Westin

Richard Westin

This is a collaborative work with my daughter that recreates many of the dinner table paradoxes and puzzles that fascinated my children at the ages of 8 and 10. As any parent knows, children's minds are clear and adept. These puzzles are often less trouble to them than to adults.


Book Review: Handbook On Securing Cyber-Physical Critical Infrastructure: Foundations And Challenges (Written By Sajal K. Das, Krishna Kant, Nan Zhang), Katina Michael Aug 2012

Book Review: Handbook On Securing Cyber-Physical Critical Infrastructure: Foundations And Challenges (Written By Sajal K. Das, Krishna Kant, Nan Zhang), Katina Michael

Professor Katina Michael

This 800+ page handbook is divided into eight parts and contains thirty chapters, ideal for either an advanced undergraduate or graduate course in security. At the heart of this handbook is how we might go about managing both physical and cyber infrastructures, as they continue to become embedded and enmeshed, through advanced control systems, and new computing and communications paradigms.


Lo Que Usted Debe Saber Al Invertir En Una Franquicia En México, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq. Aug 2012

Lo Que Usted Debe Saber Al Invertir En Una Franquicia En México, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq.

Rodolfo C. Rivas

The authors provide a brief account of the increasing importance of franchises in the current economic environment. Furthermore, in this walkthrough the authors discuss the existing legal regime for franchises in Mexico and provide an analysis of the negotiating positions involved in successfully developing a franchise.//////////////////////////////////////////////////////////////////////Los autores proporcionan un breve estudio sobre la creciente importancia de las franquicias en el entorno económico actual. Además, los autores analizan el régimen jurídico vigente para las franquicias en México y ofrecen un análisis sobre las negociaciones necesarias para el desarrollo exitoso de una franquicia.


Book Review: Environmental Protection And Human Rights, Carmen G. Gonzalez Aug 2012

Book Review: Environmental Protection And Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

This article reviews Environmental Protection and Human Rights (Cambridge University Press, New York 2011), a textbook co-authored authored by Donald K. Anton and Dinah L. Shelton. The book examines the growing recognition by scholars, activists, governments, and international and domestic tribunals of the linkages between environmental protection and human rights. Although intended for use as a law school textbook and accompanied by five online problem-oriented case studies, this comprehensive volume will also serve as a valuable reference for scholars and practitioners as well as an excellent survey for newcomers to the field.


Drafting New York Civil-Litigation Documents: Part Xviii—Motions To Dismiss Continued, Gerald Lebovits Aug 2012

Drafting New York Civil-Litigation Documents: Part Xviii—Motions To Dismiss Continued, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Twenty Opinion-Writing Myths, Gerald Lebovits Aug 2012

Twenty Opinion-Writing Myths, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Accords D’Imposition À La Source «Rubik»: Une Double Alternative, Fabien Liegeois Aug 2012

Accords D’Imposition À La Source «Rubik»: Une Double Alternative, Fabien Liegeois

Fabien LIEGEOIS

Analyse de la systématique du Modèle suisse d'accords bilatéraux en matière d'imposition à la source (All;R-U; Aut).


Table Annexed To Article: Taney’S Complaint: This Country’S Too Darn Big For Moveables, Peter J. Aschenbrenner Aug 2012

Table Annexed To Article: Taney’S Complaint: This Country’S Too Darn Big For Moveables, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Taney’s Dred Scott decision complains that Dred Scott’s freedom’s a federal taking of private property without compensation, a Fifth Amendment violation. How should mobilia be governed, given the nearly four dozen law-making jurisdictions, which, of 1857, are in the business of regulating attributes of mobilia; that is, assigning predicates to objects? A schema for tracking the claims teased out of Taney’s opinion is proposed. Can predicates in motion be made permanent?


Misinterpreting "Sounds Of Silence": Why Courts Should Not "Imply" Congressional Preclusion Of § 1983 Constitutional Claims, Rosalie Levinson Aug 2012

Misinterpreting "Sounds Of Silence": Why Courts Should Not "Imply" Congressional Preclusion Of § 1983 Constitutional Claims, Rosalie Levinson

Rosalie Berger Levinson

Despite the clear text of 42 U.S.C. § 1983, its promise to protect constitutional rights has been obfuscated by the theory that Congress, by enacting civil rights laws, has “impliedly” foreclosed the historic use of § 1983 to vindicate constitutional wrongdoing. Increasingly, plaintiffs are being denied their right to vindicate constitutional wrongdoing, either because the new “preempting” federal statute does not trigger individual liability or because it makes institutional liability more difficult to establish. It is counterintuitive to believe that Congress, in an attempt to expand equality or due process, intended to cut off existing remedies for constitutional violations. Nonetheless ...


Is There A Duty To Negotiate In Good Faith?, Michael Philip Furmston Aug 2012

Is There A Duty To Negotiate In Good Faith?, Michael Philip Furmston

Michael Philip FURMSTON

One of the most interesting questions concerning modern contract lawyers is whether, and if so when, there may be a duty on parties to a contract to negotiate in good faith? This may seem an odd question for an English lawyer to raise, granted the refusal of the House of Lords in Walford v. Miles [1992] 2 A.C. 128 to recognise even the effectiveness of an agreement to negotiate in good faith but this case has not escaped cogent criticism (Neill (1992) 108 L.Q.R. 405) and it rests on an axiom (that this is a duty which ...


Reviving National Muffler: Analyzing The Effect Of Mayo Foundation On Judicial Deference As Applied To General Tax Authority Guidance, Matthew H. Friedman Aug 2012

Reviving National Muffler: Analyzing The Effect Of Mayo Foundation On Judicial Deference As Applied To General Tax Authority Guidance, Matthew H. Friedman

NULR Online

No abstract provided.