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8,461 full-text articles. Page 7 of 179.

The Affordable Care Act And The Chronic Challenge Of Cost Control, Isaac D. Buck 2018 University of St. Thomas, Minnesota

The Affordable Care Act And The Chronic Challenge Of Cost Control, Isaac D. Buck

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Tax Constitutional Questions In Obamacare Continued: Nfib V. Sebelius In Light Of Citizens United V. Fec, Speiser V. Randall, Windsor V. United States, Lawrence V. Texas, Et Al., John R. Dorocak 2018 University of St. Thomas, Minnesota

Tax Constitutional Questions In Obamacare Continued: Nfib V. Sebelius In Light Of Citizens United V. Fec, Speiser V. Randall, Windsor V. United States, Lawrence V. Texas, Et Al., John R. Dorocak

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Saving Construction At 5 Years, Josh Blackman 2018 University of St. Thomas, Minnesota

The Saving Construction At 5 Years, Josh Blackman

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Interplay Between Human Rights And Accessibility Laws: Lessons Learned And Considerations For The Planned Federal Accessibility Legislation, Laverne Jacobs 2018 University of Windsor, Faculty of Law

The Interplay Between Human Rights And Accessibility Laws: Lessons Learned And Considerations For The Planned Federal Accessibility Legislation, Laverne Jacobs

Law Publications

In this study, the author analyzes, comparatively, the administrative governance functions of legislation that provides accessibility standards in six jurisdictions that also offer legal protection from discrimination to people with disabilities: Australia, the United Kingdom, the United States and the Canadian provinces of Ontario, Manitoba and Nova Scotia. The following governance functions were examined: a) creating accessibility standards, b) enforcing accessibility standards, c) enforcing decisions,d) encouraging compliance, e) raising public awareness (and promoting systemic culture change) and f) public education. The study was conducted with a view to understanding how human rights laws, principles and values can be used ...


The Interplay Between Human Rights And Accessibility Laws: Lessons Learned And Considerations For The Planned Federal Accessibility Legislation, Laverne A. Jacobs 2018 University of Windsor, Faculty of Law

The Interplay Between Human Rights And Accessibility Laws: Lessons Learned And Considerations For The Planned Federal Accessibility Legislation, Laverne A. Jacobs

Laverne Jacobs

In this study, the author analyzes, comparatively, the administrative governance functions of legislation that provides accessibility standards in six jurisdictions that also offer legal protection from discrimination to people with disabilities: Australia, the United Kingdom, the United States and the Canadian provinces of Ontario, Manitoba and Nova Scotia. The following governance functions were examined: a) creating accessibility standards, b) enforcing accessibility standards, c) enforcing decisions,d) encouraging compliance, e) raising public awareness (and promoting systemic culture change) and f) public education. The study was conducted with a view to understanding how human rights laws, principles and values can be used ...


High-Stakes Interpretation, Ryan D. Doerfler 2018 University of Pennsylvania Law School

High-Stakes Interpretation, Ryan D. Doerfler

Michigan Law Review

Courts look at text differently in high-stakes cases. Statutory language that would otherwise be “unambiguous” suddenly becomes “less than clear.” This, in turn, frees up courts to sidestep constitutional conflicts, avoid dramatic policy changes, and, more generally, get around undesirable outcomes. The standard account of this behavior is that courts’ failure to recognize “clear” or “unambiguous” meanings in such cases is motivated or disingenuous, and, at best, justified on instrumentalist grounds.

This Article challenges that account. It argues instead that, as a purely epistemic matter, it is more difficult to “know” what a text means—and, hence, more difficult to ...


Education Fraud At The Margins: Using The Federal False Claims Act To Curb Enrollment Abuses In Online, For-Profit K-12 Schools, Erin R. Chapman 2018 University of Michigan Law School

Education Fraud At The Margins: Using The Federal False Claims Act To Curb Enrollment Abuses In Online, For-Profit K-12 Schools, Erin R. Chapman

Michigan Law Review

America’s online schools have some things to account for. In recent years, an increase in the number of for-profit K–12 schools has coincided with the rise of online education. Meanwhile, funding models that award money for each additional student incentivize for-profit schools to overenroll students in online programs that were once reserved for specialized subsets of students. Although, to date, reported incidents of enrollment fraud have been rare, there are many reasons to think that the problem has gone largely undetected. As education reformers on both sides of the political spectrum continue to push privatization and charter schools ...


2017 Legislative Recap: Important Bills From Nevada's 79th Legislative Session, Leonardo R. Benavides 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

2017 Legislative Recap: Important Bills From Nevada's 79th Legislative Session, Leonardo R. Benavides

Nevada Law Journal Forum

After the “red wave” of voters swept across the nation’s midterm elections in 2014, Nevada Republicans held a bicameral majority in the 78th (2015) Legislative Session. The subsequent 2016 presidential election tipped the balance of power as Nevada Democrats took back the majority in both houses for the 79th (2017) Legislative Session. The Senate went from an 11-10 Republican advantage to an 11-9-1 advantage for Democrats, and the Assembly flipped from a 25-17 Republican advantage to a 27-15 Democrat advantage. The issues that had previously dominated the 2015 Session, such as tort reform, collective bargaining overhauls, and funding for ...


Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration and Refugee Clinical Program 2018 Texas A&M University School of Law

Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program

Texas A&M Law Review

At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under domestic and international law that together safeguard people fleeing persecution and fearing return to torture. The Report also identifies key national security reasons for supporting and enhancing the refugee program in keeping with U.S. foreign policy priorities. Additionally, the Report provides an in-depth discussion of the robust, multistep security-assessment mechanisms already in place for ...


Hb 249 - Controlled Substances And Prescription Drug Monitoring Database, Emily R. Polk, Brandon M. Reed 2018 Georgia State University College of Law

Hb 249 - Controlled Substances And Prescription Drug Monitoring Database, Emily R. Polk, Brandon M. Reed

Georgia State University Law Review

The Act amends Georgia’s controlled-substances statutes to expand medical provider requirements to record prescription drug information in an electronic prescription drug monitoring program database (PDMP). Medical providers are now required to use the PDMP to enter information about their prescription of certain types and quantities of opioids. The purpose of the act is to fight Schedule II opioid abuse throughout the state of Georgia. A medical provider’s failure to report required information is reported to his or her respective state regulatory board for possible reprimand. In addition to mandatory reporting, the Act includes various other provisions related to ...


Hb 280 - Campus Carry, Taylor Morgan Koshak, Nicholas J. Roger 2018 Georgia State University College of Law

Hb 280 - Campus Carry, Taylor Morgan Koshak, Nicholas J. Roger

Georgia State University Law Review

The Act broadens lawful gun owners’ rights by allowing weapons carry license holders to carry concealed guns on property owned or leased by public institutions of postsecondary education. The Act creates exceptions for sporting events, student housing, childcare spaces, classes for a college and career academy and other specialized schools, classrooms for dual enrollment programs, and spaces for administrative disciplinary proceedings. The law creates a misdemeanor penalty for noncompliance, and provides definitions for clarification.


Sb 174 - Probation And Early Release, Andrew J. Navratil, Jobena E. Hill 2018 Georgia State University College of Law

Sb 174 - Probation And Early Release, Andrew J. Navratil, Jobena E. Hill

Georgia State University Law Review

The Act amends Georgia’s probation laws by shortening the amount of time offenders spend on probation, providing local supervision, and creating a more efficient use of resources within the criminal justice system. The Act permits the transfer from parole to probation and the use of local supervision for certain offenders. The Act also allows for early release of probationers who meet the terms of their probation. The Act creates a process to automatically generate a request for early termination of probation for certain low-level offenses after the offender successfully completes three years of probation.


Sb 160 - "Blue Lives Matter" Protection Of Public Safety Officers, Caitlin V. Fox, Joseph A. Wallace Jr. 2018 Georgia State University College of Law

Sb 160 - "Blue Lives Matter" Protection Of Public Safety Officers, Caitlin V. Fox, Joseph A. Wallace Jr.

Georgia State University Law Review

The Act redefines and broadens protection for public safety officers who are subjected to violent attacks while engaged in their duties. The Act creates original jurisdiction and stiffens penalties for juvenile offenders charged with violent crimes. The Act also increases indemnification payments made to the surviving spouse of a law enforcement officer who loses his or her life in the line of duty.


Sb 201 - Sick Leave, Mary Elizabeth D. Steinhaus, Chadwick L. Williams 2018 Georgia State University College of Law

Sb 201 - Sick Leave, Mary Elizabeth D. Steinhaus, Chadwick L. Williams

Georgia State University Law Review

The Act amends Georgia’s general provisions relating to labor and industrial relations by adding a new provision that requires qualifying employers to allow their employees to use sick leave to care for immediate family members.


Hb 359 - Power Of Attorney, Roma A. Amin, Catherine V. Schutz 2018 Georgia State University College of Law

Hb 359 - Power Of Attorney, Roma A. Amin, Catherine V. Schutz

Georgia State University Law Review

The bill would have repealed and replaced Georgia’s Power of Attorney for the Care of a Minor Child Act. The category of people who could be given power of attorney for the care of a minor child would have expanded from only grandparents and great-grandparents to a broad category of the child’s relatives, and anyone associated with a non-profit organization focused on child or family services or a licensed child-placing agency.


Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn 2018 Georgia State University College of Law

Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn

Georgia State University Law Review

The Act amends Georgia’s eminent domain laws by providing an exception to the general rule that condemnations cannot be converted to any use, other than a public use, for twenty years. The Act creates a new procedure which requires the condemnor to petition the jurisdiction’s superior court to determine whether the property is blighted property. Additionally, the condemnor must provide notice to all owners of the alleged blighted property. If the court finds the land is blighted property, the condemnor must file a petition to condemn the property according to the established procedure set forth in Article 3 ...


Sb 219 - Autonomous Vehicles, W. Perry Hicks, Alan J. Ponce 2018 Georgia State University College of Law

Sb 219 - Autonomous Vehicles, W. Perry Hicks, Alan J. Ponce

Georgia State University Law Review

The Act amends Georgia’s Motor Vehicles and Traffic Code to create a legal framework for autonomous vehicles to operate in Georgia. Persons responsible for operating fully autonomous vehicles are exempted from holding a driver’s license. In the event of an accident involving an autonomous vehicle, the vehicle must remain at the scene and the operator of the autonomous vehicle must provide necessary information to law enforcement. Minimum liability insurance requirements for autonomous vehicles will be the same as minimum coverages required for the taxi and limousine industry after January 1, 2020. Minimum coverages are set at 250 percent ...


Sb 104 - Carjacking, Fentanyl And "Upskirting", Katherine H. Krouse, Lauren R. Light 2018 Georgia State University College of Law

Sb 104 - Carjacking, Fentanyl And "Upskirting", Katherine H. Krouse, Lauren R. Light

Georgia State University Law Review

The Act includes various amendments to Georgia’s criminal code. Three changes are most notable. First, the Act designates the offense of hijacking a motor vehicle as hijacking a motor vehicle in the first degree and creates the offense of hijacking a motor vehicle in the second degree. Second, the Act criminalizes the use of a device to film underneath or through an individual’s clothing. Lastly, the Act adds the drug Fentanyl and its various analogs to the list of controlled substances.


Hb 452 - Domestic Terrorism, John J. Crowley, Tatiana E. Posada 2018 Georgia State University College of Law

Hb 452 - Domestic Terrorism, John J. Crowley, Tatiana E. Posada

Georgia State University Law Review

The Act creates and defines the offense of domestic terrorism in Georgia. It establishes that a person must have the intent to intimidate the public or coerce the government while causing significant harm in order to be liable for domestic terrorism. The Act also provides for training law enforcement to identify and combat domestic terrorism, to share the information with the Georgia Information Sharing and Analysis Center, and for the Georgia Information Sharing and Analysis Center to share that information with the United States Department of Homeland Security.


Hb 192 - Banking And Finance, Caroline G. Mayson, Jesse C. Moore 2018 Georgia State University College of Law

Hb 192 - Banking And Finance, Caroline G. Mayson, Jesse C. Moore

Georgia State University Law Review

The Act changes the provisions relating to the responsibilities and standard of care for directors and officers of banks, trust companies, and corporations. The Act codifies the business judgment rule. The operative liability standard for directors and officers is gross negligence, as opposed to simple negligence, and directors and officers may rely on other individuals in the performance of their duties. A rebuttable presumption exists that directors and officers act in good faith.


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