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Legal Ethics and Professional Responsibility Commons

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Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey 2016 University of Georgia School of Law

Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey

Georgia Journal of International & Comparative Law

No abstract provided.


The Antidotes To The Double Standard: Protecting The Healthcare Rights Of Mentally Ill Inmates By Blurring The Line Between Estelle And Youngberg, Rose Carmen Goldberg 2016 Yale Law School

The Antidotes To The Double Standard: Protecting The Healthcare Rights Of Mentally Ill Inmates By Blurring The Line Between Estelle And Youngberg, Rose Carmen Goldberg

Yale Journal of Health Policy, Law, and Ethics

This Note is an examination of mentally illinmates' constitutional right to treatment. It has significant doctrinal and practical implications. In terms of doctrine, the Supreme Court has created distinct standards for the minimum levels of care for inmates (Estelle) and the civilly committed mentally ill (Youngberg). Under this framework mentally ill inmates are constitutionally equivalent to inmates generally, but are entitled to less care than the civilly committed even if they suffer the same illness. This Note explores this gap through the lens of equal protection and argues that mentally ill inmates are similarly situated to the civilly committed ...


Health And Taxes: Hospitals, Community Health And The Irs, Mary Crossley 2016 Professor, University of Pittsburgh School of Law

Health And Taxes: Hospitals, Community Health And The Irs, Mary Crossley

Yale Journal of Health Policy, Law, and Ethics

The Affordable Care Act created new conditions of federal tax exemption for nonprofit hospitals, including a requirement that hospitals conduct a community health needs assessment (CHNA) every three years to identify significant health needs in their communities and then develop and implement a strategy responding to those needs. As a result, hospitals must now do more than provide charity care to their patients in exchange for the benefits of tax exemption. The CHNA requirement has the potential both to prompt a radical change in hospitals' relationship to their communities and to enlist hospitals as meaningful contributors to community health improvement ...


The Fitbit Fault Line: Two Proposals To Protect Health And Fitness Data At Work, Elizabeth A. Brown 2016 Assistant Professor of Business Law, Bentley University.

The Fitbit Fault Line: Two Proposals To Protect Health And Fitness Data At Work, Elizabeth A. Brown

Yale Journal of Health Policy, Law, and Ethics

Employers are collecting and using their employees' health data, mined from wearable fitness devices and health apps, in new, profitable, and barely regulated ways. The importance of protecting employee health and fitness data will grow exponentially in the future. This is the moment for a robust discussion of how law can better protect employees from the potential misuse of their health data. While scholars have just begun to examine the problem of health data privacy, this Article contributes to the academic literature in three important ways. First, it analyzes the convergence of three trends resulting in an unprecedented growth of ...


Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead 2016 Notre Dame Law School

Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead

O. Carter Snead

The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and the public square, the contours of a project to transform capital sentencing both in principle and in practice have emerged. In the short term, these scientists seek to play a role in the process of capital sentencing by serving as mitigation experts for defendants, invoking neuroimaging research on the roots of criminal violence to support their arguments. Over ...


The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States, O. Carter Snead 2016 Selected Works

The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States, O. Carter Snead

O. Carter Snead

The enormous significance of the Bush stem cell funding policy has been evident since its inception. The announcement of the policy on August 9, 2001 marked the first time a U.S. president had ever taken up a matter of bioethical import as the sole subject of a major national policy address. Indeed, the August 9th speech was the President's first nationally televised policy address of any kind. Since then, the policy has been a constant focus of attention and discussion by political commentators, the print and broadcast media, advocacy organizations, scientists, elected officials, and candidates for all levels ...


Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer 2016 Notre Dame Law School

Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran 2016 Notre Dame Law School

Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran

Thomas L. Shaffer

No abstract provided.


The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer 2016 Notre Dame Law School

The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


On Living One Way In Town And Another Way At Home, Thomas L. Shaffer 2016 Notre Dame Law School

On Living One Way In Town And Another Way At Home, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Lawyers As Strangers And Friends: A Reply To Professor Sammons, Thomas L. Shaffer, Robert F. Cochran Jr. 2016 Selected Works

Lawyers As Strangers And Friends: A Reply To Professor Sammons, Thomas L. Shaffer, Robert F. Cochran Jr.

Thomas L. Shaffer

No abstract provided.


Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister 2016 Notre Dame Law School

Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister

Thomas L. Shaffer

No abstract provided.


Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer 2016 Notre Dame Law School

Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer

Thomas L. Shaffer

This article is a reflection on the ethics of practiving law for business, building on the career of Scott Boras, who acts as agent and lawyer for professional baseball players. The reflection wonders at the clout corporate lawyers have over their clients, mentioning, of course, some personal experiences (back before the invention of moveable type) from the author's two years in a large business-oriented law firm, as well as on Mr. Boras's significant influence in the baseball world. The object, finally, is ethical reflection on such things as the particular a lawyer has when she in in house ...


Kain V. Department Of Environmental Protection, Sarah M. Danno 2016 Alexander Blewett III School of Law at the University of Montana

Kain V. Department Of Environmental Protection, Sarah M. Danno

Public Land and Resources Law Review

Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.


Suspension And Delegation, Amy Coney Barrett 2016 Notre Dame Law School

Suspension And Delegation, Amy Coney Barrett

Amy Coney Barrett

A suspension of the writ of habeas corpus empowers the President to indefinitely detain those suspected of endangering the public safety. In other words, it works a temporary suspension of civil liberties. Given the gravity of this power, the Suspension Clause narrowly limits the circumstances in which it may be exercised: the writ may be suspended only in cases of "rebellion or invasion" and when "the public Safety may require it. " Congress alone can suspend the writ; the Executive cannot declare himself authorized to detain in violation of civil rights. Despite the traditional emphasis on the importance of exclusive legislative ...


The Long Road Back: Business Roundtable And The Future Of Sec Rulemaking, Jill E. Fisch 2016 Selected Works

The Long Road Back: Business Roundtable And The Future Of Sec Rulemaking, Jill E. Fisch

Jill Fisch

The Securities and Exchange Commission (SEC or Commission) has faced a number of challenges in the last few years. Judge Rakoff’s decision in Citigroup, the Madoff scandal, and the Business Roundtable decision are just a few of the developments that have dealt lasting damage to the SEC’s reputation. Critics have scrutinized the agency’s decisionmaking on multiple fronts—from its enforcement policy to the quality of its rulemaking—and the SEC has largely come up short in the analysis. The once-revered top cop of the securities markets has taken a hit, and it is unclear whether it can ...


Regulatory Responses To Investor Irrationality: The Case Of The Research Analyst, Jill E. Fisch 2016 University of Pennsylvania Law School

Regulatory Responses To Investor Irrationality: The Case Of The Research Analyst, Jill E. Fisch

Jill Fisch

An extensive body of behavioral economics literature suggests that investors do not behave with perfect rationality. Instead, investors are subject to a variety of biases that may cause them to react inappropriately to information. The policy challenge posed by this observation is to identify the appropriate response to investor irrationality. In particular, should regulators attempt to protect investors from bad investment decisions that may be the result of irrational behavior?

This Article considers the appropriate regulatory response to investor irrationality within the concrete context of the research analyst. Many commentators have argued that analyst conflicts of interest led to biased ...


Is There A Role For Lawyers In Preventing Future Enrons, Jill E. Fisch, Kenneth M. Rosen 2016 Selected Works

Is There A Role For Lawyers In Preventing Future Enrons, Jill E. Fisch, Kenneth M. Rosen

Jill Fisch

No abstract provided.


Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch 2016 University of Pennsylvania Law School

Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch

Jill Fisch

No abstract provided.


Newsroom: Good Reason For Secrecy On 38 Studios 8/12/2016, Niki Kuckes, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Good Reason For Secrecy On 38 Studios 8/12/2016, Niki Kuckes, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


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