The National Security Implications And Potential Solutions For The Unintended Consequences Of The 1980 Bayh-‐Dole Act On Brain-‐Injured Veterans From The Wars In Iraq And Afghanistan, 2014 University of Miami Law School
The National Security Implications And Potential Solutions For The Unintended Consequences Of The 1980 Bayh-‐Dole Act On Brain-‐Injured Veterans From The Wars In Iraq And Afghanistan, Colonel Noel Christian Pace
University of Miami National Security & Armed Conflict Law Review
Traumatic brain injury (TBI) is the “signature wound” seen in veterans from the wars in Iraq and Afghanistan, from which the U.S. now has over 20,000 young veterans living with TBI. However, some unintended consequences of the Bayh-‐Dole Act of 1980, a law designed to tap the “secret weapon” of federally funded research & development (R&D) to help the U.S. return to competitiveness after the recession of the late 1970’s, are now preventing these heroes from getting the treatment and cures they need. This article reviews the history of American academia’s close cooperation with the U.S. government in solving military …
Where Is The Justice? The Sexual Assault Crisis Plaguing The Military And A Lack Of Meaningful Justice, 2014 University of Miami Law School
Where Is The Justice? The Sexual Assault Crisis Plaguing The Military And A Lack Of Meaningful Justice, Marc Edward Rosenthal
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Don’T Let Slip The Dogs Of War: An Argument For Reclassifying Military Working Dogs As “Canine Members Of The Armed Forces”, 2014 University of Miami Law School
Don’T Let Slip The Dogs Of War: An Argument For Reclassifying Military Working Dogs As “Canine Members Of The Armed Forces”, Michael J. Kranzler
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Killing Conscience: The Unintended Behavioral Consequences Of "Pay For Performance", 2014 Cornell Law School
Killing Conscience: The Unintended Behavioral Consequences Of "Pay For Performance", Lynn A. Stout
Cornell Law Faculty Publications
Contemporary lawmakers and reformers often argue that ex ante incentive contracts providing for large material rewards are the best and possibly only way to motivate corporate executives and other employees to serve their firms' interests. This Article offers a critique of the "pay for performance" approach. In particular, it explores why, for a variety of mutually reinforcing reasons, workplaces that rely on ex ante incentive contracts suppress unselfish prosocial behavior (conscience) and promote selfishness and opportunism. The end result may not be more efficient, but more uncooperative, unethical, and illegal employee behavior.
Learning By Doing: Adding A Clinical Component To A Traditional Family Law Course, 2014 Cornell Law School
Learning By Doing: Adding A Clinical Component To A Traditional Family Law Course, Cynthia Grant Bowman
Cornell Law Faculty Publications
This paper describes a clinical component recently added to the course in Family Law at Cornell Law School. Students who are either co-registered for or have previously taken Family Law receive an extra two credits for clinical work under the instructor's supervision. Each student undertakes to represent at least one client, who is referred from Neighborhood Legal Services, from the initial client interview through drafting, filing and service of the many documents required to obtain a final judgment for dissolution of marriage in New York State. In order to complete this work in one semester, the students do relatively simple …
Predicitive Coding: The New E-Discovery, 2014 Cornell Law School
Predicitive Coding: The New E-Discovery, Emmanuel Alvarez
Cornell Law School J.D. Student Research Papers
Predictive coding is currently the most efficient and cost effective method for electronic discovery. Predictive coding combines a good balance of human and computer components to continuously provide a set of seed documents to better assist and find conceptual relevance between potential discovery documents. The organization and method of topic categories reduces the costs for litigation overall. However, the continuous reasonableness standard used by the courts must still be met. With the more elaborate predictive coding, the court and small firms may have difficulty in judging whether the process was reasonable. This may cause potential hurdles, or even potentially changing …
Throwing Dirt On Doctor Frankenstein’S Grave: Access To Experimental Treatments At The End Of Life, 2014 Louisiana State University Law Center
Throwing Dirt On Doctor Frankenstein’S Grave: Access To Experimental Treatments At The End Of Life, Michael J. Malinowski
Journal Articles
All U.S. federal research funding triggers regulations to protect human subjects known as the Common Rule, a collaborative government effort that spans seventeen federal agencies. The Department of Health and Human Services has been in the process of re-evaluating the Common Rule comprehensively after decades of application and in response to the jolting advancement of biopharmaceutical science. The Common Rule designates specific groups as “vulnerable populations”—pregnant women, fetuses, children, prisoners, and those with serious mental comprehension challenges—and imposes heightened protections of them. This article addresses a question at the cornerstone of regulations to protect human subjects as biopharmaceutical research and …
Vol. 31, No. 2, 2014 Chicago-Kent College of Law
Vol. 31, No. 2, Margaret Angelucci, Amanda Clark, Susan Matta
The Illinois Public Employee Relations Report
The Future of Public Sector Bargaining: One Decision to undo Them All, by Margaret Angelucci, Amanda Clark, and Susan Matta
Recent Developments
Faculty Perspectives - Spring 2014, 2014 Chicago-Kent College of Law
Faculty Perspectives - Spring 2014, Iit Chicago-Kent College Of Law
Faculty Perspectives
IIT Chicago-Kent Faculty Perspectives is published regularly to highlight recent faculty scholarship at IIT Chicago-Kent College of Law. This issue features excerpts from new articles by Stephanie Stern, Nancy Marder, Ronald Staudt, and Martin Malin.
Before The Smoke Cleared: Decision-Making In The Immediate Aftermath Of 9/11, 2014 University of Miami Law School
Before The Smoke Cleared: Decision-Making In The Immediate Aftermath Of 9/11, Brian M. Stewart
University of Miami Law Review
No abstract provided.
Going Long On Shorts, 2014 University of Miami Law School
Going Long On Shorts, Scott Squires
University of Miami Law Review
No abstract provided.
Avoiding The First Amendment's Crosshairs: Revisiting Precedents & Refining Arguments In Brown V. Entertainment Merchants Association, 2014 University of Miami Law School
Avoiding The First Amendment's Crosshairs: Revisiting Precedents & Refining Arguments In Brown V. Entertainment Merchants Association, Daniel Butler
University of Miami Law Review
No abstract provided.
Corrections For Racial Disparities In Law Enforcement, 2014 William & Mary Law School
Corrections For Racial Disparities In Law Enforcement, Christopher L. Griffin Jr., Frank A. Sloan, Lindsey M. Eldred
William & Mary Law Review
Much empirical analysis has documented racial disparities at the beginning and end stages of criminal cases. However, our understanding about the perpetuation of—and even corrections for—differential outcomes in the process remains less than complete. This Article provides a comprehensive examination of criminal dispositions using all DWI cases in North Carolina from 2001 to 2011, focusing on several major decision points in the process. Starting with pretrial hearings and culminating in sentencing results, we track differences in outcomes by race and gender. Before sentencing, significant gaps emerge in the severity of pretrial release conditions that disadvantage black and Hispanic defendants. Yet …
What's In A Game? A Test Under Which We May Call A "Vgt" A Gambling Game Is Not So Sweet: Why Courts Should Not Apply The Material Element Test To Vgts, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
What's In A Game? A Test Under Which We May Call A "Vgt" A Gambling Game Is Not So Sweet: Why Courts Should Not Apply The Material Element Test To Vgts, Erica Okerberg
UNLV Gaming Law Journal
No abstract provided.
How Should The Past Inform The Future? Reviewing Regulating Internet Gaming: Challenges And Opportunities, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
How Should The Past Inform The Future? Reviewing Regulating Internet Gaming: Challenges And Opportunities, Keith C. Miller
UNLV Gaming Law Journal
No abstract provided.
Gender Diversity On Corporate Boards: How Racial Politics Impedes Progress In The United States, 2014 St. John's University School of Law
Gender Diversity On Corporate Boards: How Racial Politics Impedes Progress In The United States, Cheryl L. Wade
Faculty Publications
The excellent conference organized by Darren Rosenblum comparing global approaches to board diversity inspired me to think about how progress in this context has unfolded in the United States. Even though the issue of diversity on corporate boards has become a global issue, few U.S. boards have moved beyond mere tokenism when it comes to female directors. One reason for the lack of diversity among corporate directors is that board selection has been based on membership in a particular network. This essay, however, focuses on the persisting problem of discrimination—a more invidious explanation for the fact that very few corporate …
Annual Report 2013, 2014 Himmelfarb Health Sciences Library, The George Washington University
Annual Report 2013, Forum Staff
National Health Policy Forum
This annual report describes the activities of the Forum during the 2013 calendar year, and provides a snapshot of our participants and resources.
Missouri River Reservoirs In A Century Of Climate Change: National Or Local Resource?, 2014 University of Missouri School of Law
Missouri River Reservoirs In A Century Of Climate Change: National Or Local Resource?, John H. Davidson
Journal of Environmental and Sustainability Law
No abstract provided.
Taking On Water: The Supreme Court Rejects A Temporary Flooding Exception To Fifth Amendment Notes, 2014 University of Missouri School of Law
Taking On Water: The Supreme Court Rejects A Temporary Flooding Exception To Fifth Amendment Notes, Elizabeth Judy
Journal of Environmental and Sustainability Law
No abstract provided.
Carbon Capture And Storage: How Bad Policy Is By-Passing Environmental Safeguards, 2014 University of Missouri School of Law
Carbon Capture And Storage: How Bad Policy Is By-Passing Environmental Safeguards, Allison Kole
Journal of Environmental and Sustainability Law
No abstract provided.