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(Don’T) See More Butts: Preemption And Local Regulation Of Cigarette Litter, Mike Freiberg 2014 Hamline University

(Don’T) See More Butts: Preemption And Local Regulation Of Cigarette Litter, Mike Freiberg

Hamline Law Review

abstract


The Presentment Clause Meets The Suspension Power: The Affordable Care Act’S Long And Winding Road To Implementation, Mitchell Widener 2014 SelectedWorks

The Presentment Clause Meets The Suspension Power: The Affordable Care Act’S Long And Winding Road To Implementation, Mitchell Widener

Mitchell Widener

The presentment clause MEETs the Suspension Power: The Affordable Care Act’s Long and Winding Road to Implementation

Mitchell J. Widener

Abstract

To enact a law, the Presentment Clause of the Constitution mandates that both Houses of Congress present a bill to the President who either signs it into law or vetoes it. The Founders included this provision to prevent presidents from emulating King James II, who would routinely suspend Parliament’s laws to favor political constituents. Additionally, the Presentment Clause served to enhance the separation-of-powers principle implied in the Constitution.

Within the past year, President Obama has suspended multiple ...


Bracelets And The Scope Of Student Speech Rights In B.H. Ex Rel. Hawk V. Easton Area School District, Jacquelyn Burke 2014 Boston College Law School

Bracelets And The Scope Of Student Speech Rights In B.H. Ex Rel. Hawk V. Easton Area School District, Jacquelyn Burke

Boston College Journal of Law & Social Justice

The U.S. Court of Appeals for the Third Circuit held that a district wide ban of bracelets containing the word “boobies” was an impermissible restriction of students’ First Amendment speech rights. The majority’s focus on the bracelets’ social message is critical for the preservation of students’ rights to discuss social issues, particularly health issues. Alternatively, Judge Hardiman’s dissent focused on the bracelets’ alleged sexual innuendo and did not give credence to the bracelets’ purpose. Judge Hardiman advocated upholding the ban due to the bracelets’ supposed sexual nature. Had Judge Hardiman prevailed, knowledge and awareness of a vital ...


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrgoacy Contracts, Jennifer Jackson 2014 SelectedWorks

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrgoacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...


Consciousness And Futility: A Proposal For A Legal Redefinition Of Death, Christopher Smith 2014 SelectedWorks

Consciousness And Futility: A Proposal For A Legal Redefinition Of Death, Christopher Smith

Christopher R Smith

Recent controversies in Texas (with the Marlise Muñoz case) and in California (with the Jahi McMath case) have highlighted a lamentable flaw in the current legal conception of human death, and the difficulty of defining when death finally occurs. The unworkable notion of “brain-death” remains the law in every state in the union, yet the philosophical and scientific foundations of this notion remain open to attack. This article posits that death is a fundamentally social construct, and that it is society at large (through its laws, public opinions, religious attitudes, etc.) that actually defines death. This essay then argues ...


“Far From The Turbulent Space”: Considering The Adequacy Of Counsel In The Representation Of Individuals Accused Of Being Sexually Violent Predators, Michael L. Perlin, Heather Ellis Cucolo 2014 SelectedWorks

“Far From The Turbulent Space”: Considering The Adequacy Of Counsel In The Representation Of Individuals Accused Of Being Sexually Violent Predators, Michael L. Perlin, Heather Ellis Cucolo

Michael L Perlin

Abstract:

For the past thirty years, the US Supreme Court's standard of Strickland v. Washington has governed the question of adequacy of counsel in criminal trials. There, in a Sixth Amendment analysis, the Supreme Court acknowledged that simply having a lawyer assigned to a defendant was not constitutionally adequate, but that that lawyer must provide "effective assistance of counsel," effectiveness being defined, pallidly, as requiring simply that counsel's efforts be “reasonable” under the circumstances. The benchmark for judging an ineffectiveness claim is simply “whether counsel’s conduct so undermined the proper function of the adversarial process that the ...


Compelling Product Sellers To Transmit Government Public Health Messages, Stephen D. Sugarman 2014 Berkeley Law

Compelling Product Sellers To Transmit Government Public Health Messages, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.


Copy And Paste: Transplanting International Hiv/Aids Model Laws Into African Countries, Maya Berinzon 2014 SelectedWorks

Copy And Paste: Transplanting International Hiv/Aids Model Laws Into African Countries, Maya Berinzon

Maya Berinzon

There has been a recent boon of legislative and regulatory frameworks to govern HIV in Africa. This includes rules on when and how a health practitioner may disclose the HIV status of a patient to a spouse or sexual partner. In balancing the right to privacy against a doctor's duty of care, two international model laws have emerged, and have been copied in whole, or in part, by a number of African countries. This paper questions the usefulness of such model laws as legal transplants in national legislatures through analysis of the regulations developed in thirty-two African countries.


The "Double-Edged" Dilemma: The Eleventh Circuit's Devaluation Of Mental Health Mitigators In Evans V. Secretary, Department Of Corrections, Erik Thompson 2014 Boston College Law School

The "Double-Edged" Dilemma: The Eleventh Circuit's Devaluation Of Mental Health Mitigators In Evans V. Secretary, Department Of Corrections, Erik Thompson

Boston College Journal of Law & Social Justice

In Evans v. Secretary, Department of Corrections, the United States Court of Appeals for the Eleventh Circuit denied habeas corpus relief to a death row inmate who claimed that ineffective assistance of counsel prejudiced his death sentence hearing. Despite the defense counsel’s omission of evidence suggesting that the inmate suffered from various mental disabilities, the court resolved that such evidence would not have affected the jury’s ultimate recommendation of the death sentence because some of the evidence was stigmatized. This standard creates a burden that is far too great for individuals facing the death penalty and significantly minimizes ...


Uncharitable Hospitals: Why The Irs Needs Intermediate Sanctions To Regulate Tax-Exempt Hospitals, Rachel Weisblatt 2014 Boston College Law School

Uncharitable Hospitals: Why The Irs Needs Intermediate Sanctions To Regulate Tax-Exempt Hospitals, Rachel Weisblatt

Boston College Law Review

Tax-exempt hospitals receive millions of dollars worth of tax breaks each year for the purpose of providing care to their communities. Despite these tax breaks, however, there is little evidence to suggest that such breaks significantly benefit the hospitals’ communities. When a hospital no longer meets the federal standard for tax exemption, the Internal Revenue Service currently has two enforcement options: (1) do nothing; or (2) move to revoke the hospital’s tax-exempt status. Revocation, however, is a harsh option that is not appropriate for every circumstance where a hospital fails to meet one or more of the requirements for ...


Making Do In Making Drugs: Innovation Policy And Pharmaceutical Manufacturing, W. Nicholson Price II 2014 Boston College Law School

Making Do In Making Drugs: Innovation Policy And Pharmaceutical Manufacturing, W. Nicholson Price Ii

Boston College Law Review

Despite increasing recalls, contamination events, and shortages, drug companies continue to rely on outdated manufacturing plants and processes. Drug manufacturing’s inefficiency and lack of innovation stand in stark contrast to drug discovery, which is the focus of a calibrated innovation policy that combines patents and FDA regulation. Pharmaceutical manufacturing lags far behind the innovative techniques found in other industries due to high regulatory barriers and ineffective intellectual property incentives. Among other challenges, although manufacturers tend to rely on trade secrecy because of the difficulty in enforcing patents on manufacturing processes, trade secrecy provides limited incentives for innovation. To increase ...


Curb Your Enthusiasm For Pigouvian Taxes, Victor Fleischer 2014 SelectedWorks

Curb Your Enthusiasm For Pigouvian Taxes, Victor Fleischer

Victor Fleischer

Pigouvian (or "corrective") taxes have been proposed or enacted on dozens of products and activities that may be harmful in excess: carbon, gasoline, fat, sugar, guns, cigarettes, alcohol, traffic, zoning, executive pay, and financial transactions, among others. Academics of all political stripes are mystified by the public’s inability to see the merits of using Pigouvian taxes more frequently to address serious social harms.

This enthusiasm for Pigouvian taxes should be tempered. A Pigouvian tax is easy to design—as a uniform excise tax—if one assumes that each individual causes the same amount of harm with each incremental increase ...


First Do No Harm: Euthanasia Of Incompetent Patients In Belgium, raphael cohen-almagor 2014 SelectedWorks

First Do No Harm: Euthanasia Of Incompetent Patients In Belgium, Raphael Cohen-Almagor

raphael cohen-almagor

The aim of this article is to provide a critical review of euthanasia policy and practice in Belgium. It is argued that Belgium must address some major concerns: Euthanasia is not limited to terminally ill patients. It may be applied to patients with chronic degenerative diseases. Ending patients’ lives without request is a lingering problem. Terminal sedation is practiced, a procedure that does not require the patient’s consent. Some suggestions designed to improve the situation and prevent abuse are offered.


The Drug Shortage Crisis: What Happens When Generic Manufacturers "Just Say No", Stacey B. Lee 2014 SelectedWorks

The Drug Shortage Crisis: What Happens When Generic Manufacturers "Just Say No", Stacey B. Lee

Stacey B. Lee

In the past five years, the number of drug shortages in the United States has nearly quintupled. The majority of shortages involve generic sterile injectables used to fight infectious diseases and treat cancer. These complex drugs are produced in a concentrated market consisting of only a few generic manufacturers. Any disruption in their supply can result in shortages that leave patients without access to life-saving drugs which in some cases are the only treatment for their condition. These chronic shortages have been linked to many possible factors including product quality concerns, discontinuation of product lines, changes in supply and demand ...


Pregnancy On Trial: The Alabama Supreme Court’S Erroneous Application Of Alabama Chemical Endangerment Law In Ex Parte Ankrom, Rachel Suppé 2014 American University Washington College of Law

Pregnancy On Trial: The Alabama Supreme Court’S Erroneous Application Of Alabama Chemical Endangerment Law In Ex Parte Ankrom, Rachel Suppé

Health Law and Policy Brief

No abstract provided.


Waging War On Specialty Pharmaceutical Tiering In Pharmacy Benefit Design, Chad Brooker 2014 American University Washington College of Law

Waging War On Specialty Pharmaceutical Tiering In Pharmacy Benefit Design, Chad Brooker

Health Law and Policy Brief

No abstract provided.


Federal Jurisdiction Over Claims By State Attorneys General: The Case For Removal Of Pharmaceutical Parens Patriae Suits As “Mass Actions” Under The Class Action Fairness Act Of 2005, Amy McIntire 2014 American University Washington College of Law

Federal Jurisdiction Over Claims By State Attorneys General: The Case For Removal Of Pharmaceutical Parens Patriae Suits As “Mass Actions” Under The Class Action Fairness Act Of 2005, Amy Mcintire

Health Law and Policy Brief

No abstract provided.


Consciousness And Futility: A Proposal For A Legal Redefinition Of Death, Christopher Smith 2014 SelectedWorks

Consciousness And Futility: A Proposal For A Legal Redefinition Of Death, Christopher Smith

Christopher R Smith

Recent controversies in Texas (with the Marlise Muñoz case) and in California (with the Jahi McMath case) have highlighted a lamentable flaw in the current legal conception of human death, and the difficulty of defining when death finally occurs. The unworkable notion of “brain-death” remains the law in every state in the union, yet the philosophical and scientific foundations of this notion remain open to attack. This article posits that death is a fundamentally social construct, and that it is society at large (through its laws, public opinions, religious attitudes, etc.) that actually defines death. This essay then argues that ...


A Right In Theory But Not In Practice: Voter Discrimination And Trap Laws As Barriers To The Exercising Of A Constitutional Right, Rachel Suppé 2014 SelectedWorks

A Right In Theory But Not In Practice: Voter Discrimination And Trap Laws As Barriers To The Exercising Of A Constitutional Right, Rachel Suppé

Rachel Suppé

No abstract provided.


Rationality, Insanity, And The Insanity Defense: Reflections On The Limits Of Reason, Theodore Y. Blumoff 2014 SelectedWorks

Rationality, Insanity, And The Insanity Defense: Reflections On The Limits Of Reason, Theodore Y. Blumoff

Theodore Y. Blumoff

Individuals who suffer from chronic paranoid ideations live with deeply embedded conspiratorial delusions that are sometimes accompanied by unwanted visual and/or auditory stimuli, sometime neither: just psychotic delusions in which they feel as if they have lost control of their lives – and of course they have, albeit not from the performances of foreign forces. When those perceived forces persevere for even a fairly short period of time, they can dictate the performance of evil deeds that the individual ultimately feels helpless to oppose. What observations and findings from neuroscience make clear is that such individuals do not lack knowledge ...


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