Healthcare Licensing And Liability, 2020 University of Alabama School of Law
Healthcare Licensing And Liability, Benjamin Mcmichael
Indiana Law Journal
The United States’ affordable care crisis and chronic physician shortage have
required advanced practice registered nurses (APRNs) and physician assistants
(PAs) to assume increasingly important roles in the healthcare system. The increased
use of these nonphysician providers has improved access to healthcare and lowered
the price of care. However, restrictive occupational licensing laws—specifically,
scope-of-practice laws—have limited their ability to care for patients. While these
laws, by themselves, have important implications for the healthcare system, they also
interact with other legal regimes to impact the provision of care. Restrictive scopeof-
practice laws can increase the malpractice liability risk of physicians and …
The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, 2020 University of Louisville School of Law
The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker
Indiana Law Journal
In a typical year, Congress passes roughly 800 pages of law—that’s about a seveninch
stack of paper. But in the same year, federal administrative agencies promulgate
80,000 pages of regulations—which makes an eleven-foot paper pillar. This move
toward electorally unaccountable administrators deciding federal policy began in
1935, accelerated in the 1940s, and has peaked in the recent decades. Rather than
elected representatives, unelected bureaucrats increasingly make the vast majority
of the nation’s laws—a trend facilitated by the Supreme Court’s decisions in three
areas: delegation, deference, and independence.
This trend is about to be reversed. In the coming years, Congress will …
Policing The Wombs Of The World's Women: The Mexico City Policy, 2020 Indiana University Maurer School of Law
Policing The Wombs Of The World's Women: The Mexico City Policy, Samantha Lalisan
Indiana Law Journal
This Comment argues that the Policy should be repealed because it undermines
firmly held First Amendment values and would be considered unconstitutional if
applied to domestic nongovernmental organizations (DNGOs). It proceeds in four
parts. Part I describes the inception of the Policy and contextualizes it among other
antiabortion policies that resulted as a backlash to the U.S. Supreme Court’s
landmark decision in Roe v. Wade. Part II explains the Policy’s actual effect on
FNGOs, particularly focusing on organizations based in Nepal and Peru, and argues
that the Policy undermines democratic processes abroad and fails to achieve its stated
objective: reducing …
How Medicalization Of Civil Rights Could Disappoint, 2020 University of Pennsylvania Carey Law School
How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman
All Faculty Scholarship
This essay reflects on Craig Konnoth’s recent Article, Medicalization and the New Civil Rights, which is a carefully crafted and thought-provoking description of the refashioning of civil rights claims into medical rights frameworks. He compellingly threads together many intellectual traditions—from antidiscrimination law to disability law to health law—to illustrate the pervasiveness of the phenomenon that he describes and why it might be productive as a tool to advance civil rights.
This response, however, offers several reasons why medicalization may not cure all that ails civil rights litigation’s pains and elaborates on the potential risks of overinvesting in medical rights-seeking. …
Ethical Issues With Lawyers Openly Carrying Firearms, 2020 South Texas College of Law
Ethical Issues With Lawyers Openly Carrying Firearms, Dru Stevenson
St. Mary's Journal on Legal Malpractice & Ethics
Ethical concerns arise when lawyers openly carry firearms to adversarial meetings related to representation, such as depositions and settlement negotiations. Visible firearms introduce an element of intimidation, or at least the potential for misunderstandings and escalation of conflicts. The adverse effects of openly carried firearms can impact opposing parties, opposing counsel, the lawyer’s potential clients, witnesses, and even judges and jurors encountered outside the courtroom. The ABA’s Model Rules of Professional Conduct in their current form include provisions that could be applicable, such as rules against coercion and intimidation, but there is no explicit reference to firearms. Several reported incidents …
Sharenting And The (Potential) Right To Be Forgotten, 2020 Indiana University, Maurer School of Law
Sharenting And The (Potential) Right To Be Forgotten, Keltie Haley
Indiana Law Journal
Part I of this Note serves as an evaluation of parental use of social media and
further seeks to draw attention to the social and developmental impact parental
oversharing can have on children. Part II examines the tension between parents’
constitutional rights to direct the upbringing of their children, as well as their First
Amendment interest in online expression, and their children’s interest in personal
data security and privacy. Part III provides an overview of the European Union’s
right to be forgotten framework in the sharenting context and considers the
plausibility of implementing such a framework in the United States. …
Repealing The Statute Of Wizarding Secrecy In Legal Education, 2020 Texas A&M University School of Law
Repealing The Statute Of Wizarding Secrecy In Legal Education, Mark Burge
Faculty Scholarship
In the fictional Harry Potter universe, J.K. Rowling has fashioned a parallel world based on our own, but with the fundamental difference of a separate magical society grafted onto it. In Rowling’s fictional version, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and was brought about by centuries-long hostility toward wizards by the non-magical majority. But what if secrecy is precisely the wrong approach? What if widespread wizard-Muggle collaboration were precisely the thing needed to address the enormous and pressing problems of the day?
The …
Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, 2020 University of North Texas
Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine
St. Mary's Journal on Legal Malpractice & Ethics
A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity and independence of the profession, …
Understanding The Revenue Potential Of Tax Compliance Investment, 2020 University of Pennsylvania
Understanding The Revenue Potential Of Tax Compliance Investment, Natasha Sarin, Lawrence H. Summers
All Faculty Scholarship
In a July 2020 report, the Congressional Budget Office estimated that modest investments in the IRS would generate somewhere between $60 and $100 billion in additional revenue over a decade. This is qualitatively correct. But quantitatively, the revenue potential is much more significant than the CBO report suggests. We highlight five reasons for the CBO’s underestimation: 1) the scale of the investment in the IRS contemplated is modest and far short of sufficient even to return the IRS budget to 2011 levels; 2) the CBO contemplates a limited range of interventions, excluding entirely progress on information reporting and technological advancements; …
Law School News: Introducing Rwu Law's Sixth Dean 07-01-2020, 2020 Roger Williams University School of Law
Law School News: Introducing Rwu Law's Sixth Dean 07-01-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Artificial Financial Intelligence, 2020 Texas A&M University School of Law
Artificial Financial Intelligence, William Magnuson
Faculty Scholarship
Recent advances in the field of artificial intelligence have revived long-standing debates about what happens when robots become smarter than humans. Will they destroy us? Will they put us all out of work? Will they lead to a world of techno-savvy haves and techno-ignorant have-nots? These debates have found particular resonance in finance, where computers already play a dominant role. High-frequency traders, quant hedge funds, and robo-advisors all represent, to a greater or lesser degree, real-world instantiations of the impact that artificial intelligence is having on the field. This Article will argue that the primary danger of artificial intelligence in …
Practising Law For Rich And Poor People: Towards A More Progressive Approach, 2020 Osgoode Hall Law School of York University
Practising Law For Rich And Poor People: Towards A More Progressive Approach, Allan C. Hutchinson
Articles & Book Chapters
It is 50 years since Stephen Wexler’s essay, Practicing Law for Poor People, was published. By any reasonable measure, this has become and remains an iconic piece. Whether he is agreed with or disagreed with, Wexler’s arguments continue to define the terms of the debate about the proper role and responsibilities of those who practise law for poor people. Critics and jurists can be for or against Wexler’s account, but they cannot make serious headway without it. As such, Wexler’s essay deserves to be celebrated and showcased as it reaches its half-century milestone. However, his ideas and their informing assumptions …
Inequality In The Sharing Economy, 2020 Brooklyn Law School
Inequality In The Sharing Economy, Gregory M. Stein
Brooklyn Law Review
The rise of the sharing economy benefits consumers and providers alike. Consumers can access a wider range of goods and services on an as-needed basis and no longer need to own a smaller number of costly assets that sit unused most of the time. Providers can engage in profitable short-term ventures, working on their own schedule and enjoying many new opportunities to supplement their income. Sharing economy platforms often employ dynamic pricing, which means that the price of a good or service varies in real time as supply and demand change. Under dynamic pricing, the price of a good or …
The Law Professor Pipeline, 2020 Texas A&M University School of Law
The Law Professor Pipeline, Milan Markovic
Faculty Scholarship
Throughout U.S. legal education’s history, a small number of elite law schools have produced the vast majority of law professors. Although law professor hiring is now more inclusive in certain respects, the law school an aspiring professor attended continues to serve as a powerful predictor of hiring market success. Some scholars have maintained that this preference for graduates of elite law schools infects legal education with class bias and distorts legal pedagogy, but the absence of reliable data on socioeconomic diversity within law schools has muted these criticisms.
This Essay reorients the debate on law school hiring by focusing on …
America's Newest Boogeyman For Deviant Teen Behavior: Violent Video Games And The First Amendment, 2020 Straus Institute, Pepperdine School of Law
America's Newest Boogeyman For Deviant Teen Behavior: Violent Video Games And The First Amendment, Joseph C. Alfe, Grant D. Talabay
Pace Intellectual Property, Sports & Entertainment Law Forum
Are violent video games harming America’s youth? Is it possible a series of interconnected circuit boards can influence children (or even adults) to become, themselves, violent? If so, how should our society-- and government-- respond?
To properly answer this last query, violent video games must be viewed through the lens of the First Amendment. Simply put: do games depicting grotesque acts of depravity so profound as to negatively influence the psyche warrant the full constitutional protections ordinarily guaranteed under the mantle of free speech and expression? Are these guarantees without limit? If not, how far may the government go in …
Law School News: Will Sheehan '20 Selected For Prestigious Immigration Fellowship 06-17-2020, 2020 Roger WIlliams University School of Law
Law School News: Will Sheehan '20 Selected For Prestigious Immigration Fellowship 06-17-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Session 6: Innovating The Built Environment Post-Covid-19, 2020 The Future Today Institute
Session 6: Innovating The Built Environment Post-Covid-19, Marc Palatucci, Richard Lyall, Timothy Harris, Steven Bender, Peter Smirniotopoulos, Ryan Mathesin
SITIE Symposiums
ABSTRACT: Innovating the Built Environment for a Post-COVID-19 World
It would seem an act of academic malpractice to teach a course titled Innovating the Built Environment: How the Law Responds to Disruptive Change, and host an all-day symposium as an integral part of that course, and not endeavor to address the most-disruptive thing to happen to the built environment in more than 100 years: The coronavirus pandemic. This "disruption" to real estate is the proverbial elephant in the room. Hopefully, it will maintain a minimum six-foot distance from others as we address how it impacts the four Special Topics …
Session 5: Real Estate Tokenization, 2020 Seattle University School of Law ; WA Dept. of Financial Institutions
Session 5: Real Estate Tokenization, Joseph Vincent, Steven Bender, Peter Smirniotopoulos
SITIE Symposiums
ABSTRACT: Is “tokenization” the next great leap forward needed to make homeownership more appealing to Millennials and Gen Z’s?
If single-family homeownership and time-sharing had a love child, what would it look like? Is it possible to adapt successful models for office sharing to homeownership so renters who lament not owning an appreciating asset could have a stake in “something” while not being tied down to one specific residential structure or a single geographic location, to make homeownership more attractive to younger generations? And, if so, does blockchain technology hold the key (pun intended) to fractional ownerships in real …
Session 4: Atlanta Beltline, 2020 Seattle University School of Law; University of Washington
Session 4: Atlanta Beltline, Art Lansing, Rob Turner, Jim Langford, Kristen Lohse, Claire Martini
SITIE Symposiums
ABSTRACT: What Would it Take to Connect All of Greater Seattle’s Neighborhoods with Walking and Biking Trails?
Major U.S. cities have endeavored, independently of each other, over the past several decades to create greenway systems connecting residents and visitors with neighborhoods and attractions, increasing opportunities for walking and biking and reducing their reliance on vehicular traffic. Atlanta’s BeltLine--a twenty-two-mile loop of historic railroad right-of-ways encircling the city’s downtown and midtown areas, seeks to reinvent the city if transformed into a green corridor—is perhaps one of the best examples of how a Seattle Greenway might be accomplished (although Atlanta’s concerted …
Session 3: Virtual Luncheon Session, 2020 Seattle University School of Law
Session 3: Virtual Luncheon Session, Student Submissions
SITIE Symposiums
A Working Lunch brainstorming discussion, moderated by Professor Smirniotopoulos, to discuss “What Comes Next?” in the context of Innovating the Built Environment: How the Law Responds to Disruptive Change.
Registered students in Prof. Smirniotopoulos’s Innovating the Built Environment course will take one-to-two minutes each to present their initial project ideas for their Final Projects in the course, as well as outlining and moderating a discussion of the Challenges and Opportunities presented by their ideas. Symposium participants are encouraged to set up lunch in front of their computers and participate actively in discussing each student’s project idea, providing relevant …