Law Commons^™

Cognitive Illiberalism, Summary Judgement, And Title Vii: An Examination Of Ricci V. Destefano, Ann C. Mcginley

Scholarly Works

No abstract provided.

A "Common" Proposal, Stacey A. Tovino

Scholarly Works

The Federal Policy for the Protection of Human Subjects (the “Common Rule”) is codified in separate regulations by seventeen federal departments and agencies, including the Department of Health and Human Services (HHS). HHS’s version of the Common Rule currently contains a basic policy for the protection of all human subjects, codified at Subpart A of the Common Rule, as well as special provisions governing human subjects research involving three sets of vulnerable populations, including pregnant women, fetuses, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). This Article proposes that HHS amend the Common Rule to add ...

Gone Too Far: Federal Regulation Of Health Care Attorneys, Stacey A. Tovino

Scholarly Works

Outside health care counsel frequently obtain medical records, billing records, health insurance claims records, and other records containing individually identifiable health information in the course of representing health industry clients in medical malpractice, licensure, certification, accreditation, fraud and abuse, peer review, and other civil, criminal, and administrative health law matters. This Article is the first to argue that state rules of professional conduct, not federal health information confidentiality regulations, should govern outside health care counsel’s use and disclosure of confidential client information, and that outside counsel should be excepted from direct federal regulation under the HIPAA Privacy Rule.

Conflicts Of Interest In Medicine, Research, And Law: A Comparison, Stacey A. Tovino

Scholarly Works

Several of the remarks and articles presented in this symposium have addressed conflicts of interest arising during the provision of legal counsel to individuals who are elderly, including specific conflicts of interest implicated by estate planning, retirement planning, and long-term care planning. Topics examined thus far include conflicts of interest with respect to the application of rules of confidentiality within state rules of professional conduct to elderly clients with impaired decision-making capacity; conflicts of interest involving representative payees for Social Security benefits; conflicts of interest in distributions when parents enter into marriages that are unprotected by law; and conflicts of ...

Vol. 43, No. 02 (September 3, 2012)

Indiana Law Annotated

No abstract provided.

Vol. 43, No. 03 (September 10, 2012)

Indiana Law Annotated

No abstract provided.

Vol. 43, No. 04 (September 17, 2012)

Indiana Law Annotated

No abstract provided.

Vol. 43, No. 05 (September 24, 2012)

Indiana Law Annotated

No abstract provided.

Vol. 43, No. 06 (October 1, 2012)

Indiana Law Annotated

No abstract provided.

Vol. 43, No. 07 (October 8, 2012)

Indiana Law Annotated

No abstract provided.

Vol. 43, No. 08 (October 22, 2012)

Indiana Law Annotated

No abstract provided.

Vol. 43, No. 09 (October 29, 2012)

Indiana Law Annotated

No abstract provided.

Vol. 43, No. 10 (November 5, 2012)

Indiana Law Annotated

No abstract provided.

Vol. 43, No. 11 (November 12, 2012)

Indiana Law Annotated

No abstract provided.

Vol. 43, No. 12 (November 19, 2012)

Indiana Law Annotated

No abstract provided.

Vol. 43, No. 13 (November 26, 2012)

Indiana Law Annotated

No abstract provided.

The Effectiveness Of Programs Tested In Juvenile Drug Courts, Ashley Tiedemann

Undergraduate Publications

The effectiveness of treatment programs used in juvenile drug courts within the United States is often questioned. The two research articles that will be discussed tested two different treatment programs in hopes that they would lead to more favorable outcomes than the programs currently in place.

Research into effective drug and alcohol treatment programs to be used within the juvenile justice system needs to be a priority. There are too many kids who get lost in the system, rather than helped. Both of these studies were conducted based on the same belief of how vital this research is. The “Enhancing ...

Ggu’S New Dean, Rachel Van Cleave, Eric Christiansen

2012-present: Rachel Van Cleave

No abstract provided.

Corporate Power Unbound: Investor-State Arbitration Of Ip Monopolies On Medicines – Eli Lilly And The Tpp, Brook K. Baker

PIJIP Research Paper Series

Free trade agreements (FTAs) and bilateral investment treaties (BITs) typically contain investment clauses designed to attract direct foreign investment and protect the interests of foreign investors. In addition to defining foreign investment that are entitled to protection, investment clauses typically allow for investor-state dispute resolution, which allows a foreign investor to launch arbitral proceeding directly against the offending government before a private panel of trade lawyers. This paper focuses first on a pro-investor draft investment chapter in an ongoing regional trade negotiation – the Trans-Pacific Partnership Agreement (TPP) - and second on the first investor-state arbitral claim ever by a patent-holding pharmaceutical ...

The Unfinished Journey - Education, Equality And Martin Luther King, Jr., Revisited, Taunya Lovell Banks

Faculty Scholarship

An educated society is important to the survival of a democracy, a sentiment echoed by the Supreme Court in Brown v. Board of Education. Today most commentators concede that the implementation of Brown was a failure and that over the years there has been retrenchment. Although America’s schools are no longer racially segregated by law, a substantial percentage of school children are consigned to racially isolated schools. While commentators continue to argue for racially integrated schools, this article argues that racial integration alone is insufficient--schools must receive adequate financial resources and be even more diverse socio-economically to adequately prepare ...