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4,123 full-text articles. Page 7 of 103.

Pepperdine Law Review Masthead, Cameron Fraser 2018 Pepperdine University

Pepperdine Law Review Masthead, Cameron Fraser

Pepperdine Law Review

No abstract provided.


The Due Process Conundrum: Using Mathews V. Eldridge As A Standard For Private Hospitals Under The Health Care Quality Improvement Act, Amy L. Moore 2018 Belmont University - College of Law

The Due Process Conundrum: Using Mathews V. Eldridge As A Standard For Private Hospitals Under The Health Care Quality Improvement Act, Amy L. Moore

Belmont Law Review

In response to growing litigation between doctors and hospitals and the recalcitrance of some hospitals to initiate proper peer review actions against incompetent or unprofessional doctors, Congress passed the Health Care Quality Immunity Act in 1986. HCQIA provided immunity for hospitals that engaged in peer review, presuming immunity from both federal and state law claims if the hospital had satisfied the statutory safeguards. One of these statutory requirements is “adequate notice and procedures” for the doctors at issue. It is abundantly clear in both the legislative history of HCQIA and the case law surrounding HCQIA immunity that section 11112(a ...


Ask A Director: Reporting Accomplishments, Caroline L. Osborne 2018 Washington and Lee University School of Law

Ask A Director: Reporting Accomplishments, Caroline L. Osborne

Faculty Scholarship

None available.


Securing Professional Development: Getting To Yes, Caroline L. Osborne, Carol A. Watson, Amy J. Eaton 2018 Washington and Lee University School of Law

Securing Professional Development: Getting To Yes, Caroline L. Osborne, Carol A. Watson, Amy J. Eaton

Faculty Scholarship

None available.


Gender Disparity In Law Review Citation Rates, Christopher A. Cotropia 2018 University of Richmond

Gender Disparity In Law Review Citation Rates, Christopher A. Cotropia

Law Faculty Publications

Gender disparity in scholarly influence – measured in terms of differential citation to academic work – has been widely documented. The weight of the evidence is that, in many fields of academic inquiry, papers authored by women receive fewer citations than papers authored by men. To investigate whether a similar gender disparity in scholarly influence exists in legal studies we analyze the impact of gender on citation to articles published in top 100 law reviews between 1990 and 2010. We find evidence of gender disparity in citation rates, but in surprising contrast to observations made in other disciplines, we observe that articles ...


Freedom In Structure: Helping Foreign-Trained And International Graduate Students Develop Thesis Statements By Component, Elizabeth R. Baldwin 2018 University of Washington School of Law

Freedom In Structure: Helping Foreign-Trained And International Graduate Students Develop Thesis Statements By Component, Elizabeth R. Baldwin

Articles

This article explains how foreign-trained and international graduate students can use a thesis development template to find and articulate narrow, novel, non-obvious, and useful claims for their final, academic papers in law. These students, in particular, are in need of clear direction and methods for crafting well-developed claims (or thesis statements), given that many are non-native speakers of English who trained in different legal and educational systems with different expectations about what constitutes good academic writing—in any genre, let alone law. Through the use of a thesis development template (adapted from writing advice by Joseph M. Williams and Eugene ...


Cardozo, Andrew L. Kaufman 2018 Touro College Jacob D. Fuchsberg Law Center

Cardozo, Andrew L. Kaufman

Touro Law Review

No abstract provided.


Cardozo’S Freudian Slips, Steven L. Winter 2018 Touro College Jacob D. Fuchsberg Law Center

Cardozo’S Freudian Slips, Steven L. Winter

Touro Law Review

No abstract provided.


Cardozo's "Law And Literature": A Guide To His Judicial Writing Style, Richard H. Weisberg 2018 Touro College Jacob D. Fuchsberg Law Center

Cardozo's "Law And Literature": A Guide To His Judicial Writing Style, Richard H. Weisberg

Touro Law Review

No abstract provided.


Table Of Contents, 2018 Touro College Jacob D. Fuchsberg Law Center

Table Of Contents

Touro Law Review

No abstract provided.


Understanding The Human Element In Search Algorithms And Discovering How It Affects Search Results, Susan Nevelow Mart 2018 University of Colorado Law School

Understanding The Human Element In Search Algorithms And Discovering How It Affects Search Results, Susan Nevelow Mart

Articles

When legal researchers search in online databases for the information they need to solve a legal problem, they need to remember that the algorithms that are returning results to them were designed by humans. The world of legal research is a human-constructed world, and the biases and assumptions the teams of humans that construct the online world bring to the task are imported into the systems we use for research. This article takes a look at what happens when six different teams of humans set out to solve the same problem: how to return results relevant to a searcher’s ...


Two Pedagogies In Search Of Synergy, Lisa Schultz, Susan Nevelow Mart 2018 University of Colorado Law School

Two Pedagogies In Search Of Synergy, Lisa Schultz, Susan Nevelow Mart

Articles

Anyone who has taught a first-year legal research course understands the dilemma: How do we weave research skills into the writing program without sacrificing the quality or quantity of either discipline? In fact, it is difficult and time consuming to interweave any serious legal research instruction into a first-year writing course. What the students need to know is not just how to do a little case law research or how to find a statute: they need to also know how to formulate a research plan, how to evaluate a database, what kind of search works in different information environments, and ...


What A Technical Services Librarian Wants Their Library Director To Know, Georgia Briscoe 2018 University of Colorado Law School

What A Technical Services Librarian Wants Their Library Director To Know, Georgia Briscoe

Articles

Promoting the value of technical services librarians in the digital age.


Book Review: Legal Persuasion: A Rhetorical Approach To The Science, Lori D. Johnson, Sarah Morath 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Book Review: Legal Persuasion: A Rhetorical Approach To The Science, Lori D. Johnson, Sarah Morath

Scholarly Works

In this piece written for Legal Writing: The Journal of the Legal Writing Institute, Professor Lori D. Johnson provides a compelling review of new publication co-authored by William S. Boyd Law Professor Linda L. Berger.


From Guns That Do Not Shoot To Foreign Staplers: Has The Supreme Court's Materiality Standard Under Escobar Provided Clarity For The Health Care Industry About Fraud Under The False Claims Act?, Deborah R. Farringer 2018 Belmont University - College of Law

From Guns That Do Not Shoot To Foreign Staplers: Has The Supreme Court's Materiality Standard Under Escobar Provided Clarity For The Health Care Industry About Fraud Under The False Claims Act?, Deborah R. Farringer

Law Faculty Scholarship

As federal district courts and courts of appeals attempt to apply the Supreme Court’s dictates in Universal Health Services, Inc. v. U.S. ex rel. Escobar, it is necessary to ask whether the Court succeeded in easing the complexity of this aspect of the Federal Claims Act (FCA). Have lower courts been able to consistently apply the new standards to assess materiality? Or, has the opinion, which arguably both broadened and narrowed application of the implied false certificate theory and when liability might attach, further muddied the waters for courts and parties attempting to determine whether behavior is of ...


The Computer Made Me Do It: Is There A Future For False Claims Act Liability Against Electronic Health Record Vendors?, Deborah R. Farringer 2018 Belmont University - College of Law

The Computer Made Me Do It: Is There A Future For False Claims Act Liability Against Electronic Health Record Vendors?, Deborah R. Farringer

Law Faculty Scholarship

Since the advent of the movement toward the use of electronic medical records, an axiom in the promotion of electronic health records (EHRs) has been the idea that the use of EHRs will reduce medical errors. Certainly, there are countless examples of how technology can improve the health care experience and aid providers in reducing medical errors, including errors of medication administration, medication management, access to decision support tools, telemedicine, immediate access to diagnostic tests and other clinical information and treatment results—just to name a few. Even with such improvements, however, EHRs have not entirely eliminated medical errors and ...


It Is A Mindboggling Dilemma: To Play Or Not To Play Youth Sports Due To Concussion Risks?, Tracey Carter 2018 Belmont University - College of Law

It Is A Mindboggling Dilemma: To Play Or Not To Play Youth Sports Due To Concussion Risks?, Tracey Carter

Law Faculty Scholarship

Concussions and their long term effects resulting from football collisions have recently entered the forefront of social debate. Movies like Concussion as well as high-profile lawsuits due to post-concussion health effects have casted a spotlight on brain injuries at the collegiate and professional level. However, this debate has equal application in youth sports—recent studies show that sports-related concussions at the elementary, middle, and high school levels are equally concerning. Youth sports are safer when fewer athletes suffer from sports-related concussions. But litigation is not the best avenue to make youth sports safer. Youth sports can be improved by: 1 ...


Law Library Blog (January 2018): Legal Beagle's Blog Archive, Roger Williams University School of Law 2018 Roger Williams University

Law Library Blog (January 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Tips About Written Advocacy From The North Dakota Supreme Court, Douglas E. Abrams 2018 University of Missouri School of Law

Tips About Written Advocacy From The North Dakota Supreme Court, Douglas E. Abrams

Faculty Publications

In 1940, legendary Supreme Court advocate John W. Davis published "The Argument of an Appeal," an article that remains influential to lawyers and law students today. A few years later, the one-time Democratic presidential candidate closed his career with 141 arguments before the court, the most of any 20th century lawyer.


Bloomberg’S Points Of Law: Can They Compete With Headnotes?, Jill Sturgeon 2018 University of Colorado Law School

Bloomberg’S Points Of Law: Can They Compete With Headnotes?, Jill Sturgeon

Articles

No abstract provided.


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