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Reconciling The Premium Tax Credit: Painful Complications For Lower And Middle-Income Taxpayers, Francine J. Lipman, James E. Williamson Jan 2016

Reconciling The Premium Tax Credit: Painful Complications For Lower And Middle-Income Taxpayers, Francine J. Lipman, James E. Williamson

SMU Law Review

No abstract provided.


Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger Jan 2016

Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger

Articles

Opposition to mass incarceration has entered the mainstream. But except in a few states, mass decarceration has not, so far, followed: By the end of 2014 (the last data available), nationwide prison population had shrunk only 3% off its (2009) peak. Jail population, similarly, was down just 5% from its (2008) peak. All told, our current incarceration rate - 7 per 1,000 population - is the same as in 2002, and four times the level in 1970, when American incarceration rates began their rise. Our bloated prisoner population includes many groups of prisoners who are especially likely to face grievous …


Cache-22: The Fine Line Between Information And Defamation In Google's Autocomplete Function, Kacy Popyer Jan 2016

Cache-22: The Fine Line Between Information And Defamation In Google's Autocomplete Function, Kacy Popyer

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Making The Cut: The State Of Public School Athletics For Disabled Students, Olivia Clement Jan 2016

Making The Cut: The State Of Public School Athletics For Disabled Students, Olivia Clement

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Property Rights And Governance Strategies: How Best To Deal With Land, Water, Intellectual Property, And Spectrum, Richard A. Epstein Jan 2016

Property Rights And Governance Strategies: How Best To Deal With Land, Water, Intellectual Property, And Spectrum, Richard A. Epstein

Colorado Technology Law Journal

No abstract provided.


"I Still Live In Guantánamo!" Human Rights Abuses Continue After Detainees Leave Guantánamo, Peter Jan Honigsberg Jan 2016

"I Still Live In Guantánamo!" Human Rights Abuses Continue After Detainees Leave Guantánamo, Peter Jan Honigsberg

Notre Dame Journal of Law, Ethics & Public Policy

This essay will describe the experiences of detainees who have resettled in third or host countries, as well as detainees who have been resettled in their home countries. The essay is based on interviews W2G has filmed with the detainees, in addition to other sources. The overarching message from the interviews and research is that when the U.S. transfers detainees to third countries, the U.S. has not been mindful in finding the best fit or even a suitable environment for the men as they re-enter society. In addition, in transferring detainees out of Guantánamo-whether to third countries or to the …


In Course Of Change: Soft Law, Elder Rights, And The European Court Of Human Rights, Benny Spanier, Israel (Issi) Doron, Faina Milman-Sivan Jan 2016

In Course Of Change: Soft Law, Elder Rights, And The European Court Of Human Rights, Benny Spanier, Israel (Issi) Doron, Faina Milman-Sivan

Minnesota Journal of Law & Inequality

No abstract provided.


Your Corrupt Ways Had Finally Made You Blind: Prosecutorial Misconduct And The Use Of Ethnic Adjustments In Death Penalty Cases Of Defendants With Intellectual Disabilities, Michael L. Perlin Jan 2016

Your Corrupt Ways Had Finally Made You Blind: Prosecutorial Misconduct And The Use Of Ethnic Adjustments In Death Penalty Cases Of Defendants With Intellectual Disabilities, Michael L. Perlin

Articles & Chapters

In a recent masterful article, Professor Robert Sanger revealed that, since the Supreme Court's decision in Atkins v. Virginia, some prosecution experts have begun using so-called "ethnic adjustments" to artificially raise minority defendants' IQ scores, making such defendants-who would otherwise have been protected by Atkins and, later, by Hall v. Florida-eligible for the death penalty. Sanger accurately concluded that ethnic adjustments are not logically or clinically appropriate when computing a person's IQ score for Atkins purposes. He relied further on epigenetics to demonstrate that environmental factors-such as childhood abuse, poverty, stress, and trauma-can cause decreases in actual IQ scores, and …


The Commensurability Myth In Antitrust, Rebecca Haw Allensworth Jan 2016

The Commensurability Myth In Antitrust, Rebecca Haw Allensworth

Vanderbilt Law School Faculty Publications

Modern antitrust law pursues a seemingly unitary goal: competition. In fact, competition—whether defined as a process or as a set of outcomes associated with competitive markets—is multifaceted. What are offered in antitrust cases as procompetitive and anticompetitive effects are typically qualitatively different, and trading them off is as much an exercise in judgment as mathematics. But despite the inevitability of value judgments in antitrust cases, courts have perpetuated a commensurability myth, claiming to evaluate “net” competitive effect as if the pros and cons of a restraint of trade are in the same unit of measure. The myth is attractive to …


Persistent Threats To Commercial Speech, Jonathan H. Adler Jan 2016

Persistent Threats To Commercial Speech, Jonathan H. Adler

Faculty Publications

The current Supreme Court is very protective of speech, including commercial speech. Threats to commercial speech persist nonetheless. This article briefly examines two: the use of commercial speech restrictions as a form of rent-seeking, and compelled commercial speech. Regulation of commercial speech is sometimes used to protect established corporate interests from competitors who are less able to bear the costs of regulation, with consequences that extend beyond the economic marketplace. In the case of commercial speech, courts have also been unduly deferential to claims of a consumer “right to know” as a basis for mandated labeling and disclosure. Greater and …


Imagining Global Health With Justice, Lawrence O. Gostin Jan 2016

Imagining Global Health With Justice, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article offers a way to achieve global health with justice as a global health imperative. It is possible to have global health without justice, meaning that improvements in health outcomes could be achieved, but without a fair distribution of the benefits of good health. It is also possible to have justice without global health, where health outcomes are evenly distributed across the population but overall health is not improved. With this understanding, this article challenges current ways of understanding global health, and argues that absolute reductions in morbidity and premature mortality are not robust indicators of success in the …


Compelled Commercial Speech And The Consumer "Right To Know", Jonathan H. Adler Jan 2016

Compelled Commercial Speech And The Consumer "Right To Know", Jonathan H. Adler

Faculty Publications

Compelled commercial speech, including mandatory labeling and the disclosure of factually true information, should not be seen as a separate category of speech under the First Amendment. Rather, compelled commercial speech should be understood as a type of commercial speech and be subject to the same level of protection as commercial speech generally. Accordingly, commercial speech compulsions, such as mandatory disclosures and labeling requirements, must be supported by a substantial government interest under the Central Hudson framework. The assertion of a consumer “right to know” does not constitute such an interest and cannot, by itself, justify compelled commercial speech within …


Raising Capital In Indian Country, Evan Way Jan 2016

Raising Capital In Indian Country, Evan Way

American Indian Law Review

No abstract provided.


All’S Whale That Ends Whale: How Correctly Identifying Antarctic-Feeding Grounds Of Oceania Humpbacks Could Save An Endangered Population, Davey Holmes Jan 2016

All’S Whale That Ends Whale: How Correctly Identifying Antarctic-Feeding Grounds Of Oceania Humpbacks Could Save An Endangered Population, Davey Holmes

Pomona Senior Theses

Although major whaling practices have ceased, increasing human involvement and influence in the world’s marine ecosystems continue to adversely effect global whale populations. It is a major concern throughout Antarctic waters, where endangered Oceania Humpback Whales (Megaptera novarangliae) annually feed. This study analyzes the extent to which a proposed marine protected area within the Ross Sea may indirectly harm the last remaining endangered population of Humpbacks. Using current satellite tracks of southern Humpback migrations, this model maps the effects of displaced Toothfish fisheries, and suggests further conservations efforts, based on New Zealand’s Precautionary Approach, to protect these vulnerable whales.


The Environmental Justice Implications Of Biofuels, Carmen Gonzalez Jan 2016

The Environmental Justice Implications Of Biofuels, Carmen Gonzalez

Faculty Articles

Analyses of the viability of biofuels as alternatives to fossil fuels have often adopted a technocratic approach that focuses on environmental consequences, but places less emphasis on the impact that biofuels may have on vulnerable populations. This Article fills the gap in the existing literature by evaluating biofuels through the lens of environmental justice – including climate justice and food justice. The Article examines the impact of biofuels on the global food system and on the planet’s most food-insecure populations. It concludes that the laws and policies promoting the cultivation of biofuels have contributed to global malnourishment by raising food …


Ghost Bears: The Plight Of The North Cascades Grizzly Bear, Adam Bowler Jan 2016

Ghost Bears: The Plight Of The North Cascades Grizzly Bear, Adam Bowler

Seattle Journal of Environmental Law

No abstract provided.


Branded, Irina D. Manta Jan 2016

Branded, Irina D. Manta

Hofstra Law Faculty Scholarship

Marks are traditionally said to serve three functions that are separate from the goals of other forms of IP: source identification, advertising, and guarantee of quality. The story, however, that patents and copyrights incentivize creation and that trademarks do not fulfill that purpose does not withstand scrutiny. This Article argues that brands have evolved in such a way that they serve important incentivizing purposes of their own, and that trademark law influences their ability to do so. This Article identifies three generally neglected functions of trademarks. The first pertains to the creation of original, unique marks and brands in and …


The Animal Welfare Act At Fifty: Problems And Possibilities In Animal Testing Regulation, Courtney G. Lee Jan 2016

The Animal Welfare Act At Fifty: Problems And Possibilities In Animal Testing Regulation, Courtney G. Lee

McGeorge School of Law Scholarly Articles

No abstract provided.


The 'Uberization' Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact On The Medical Profession, Fazal Khan Jan 2016

The 'Uberization' Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact On The Medical Profession, Fazal Khan

Scholarly Works

The nascent field of mobile health technology is still very small but is predicted to grow exponentially as major technology companies such as Apple, Google, Samsung, and even Facebook have announced mobile health initiatives alongside influential healthcare provider networks. Given the highly regulated nature of healthcare, significant legal barriers stand in the way of mobile health’s potential ascension. I contend that the most difficult legal challenges facing this industry will be restrictive professional licensing and scope of practice laws. The primary reason is that mobile health threatens to disrupt historical power dynamics within the healthcare profession that have legally enshrined …


Mass Incarceration: An Annotated Bibliography, Nicole P. Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz Jan 2016

Mass Incarceration: An Annotated Bibliography, Nicole P. Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz

Roger Williams University Law Review

No abstract provided.


Less May Be More: Reading Into Fda's Labeling Requirements, Diana R. H. Winters Jan 2016

Less May Be More: Reading Into Fda's Labeling Requirements, Diana R. H. Winters

SMU Science and Technology Law Review

No abstract provided.


Putting Public Law Into “Private” Sport, Dionne L. Koller Jan 2016

Putting Public Law Into “Private” Sport, Dionne L. Koller

All Faculty Scholarship

Across all levels of sport—professional, Olympic, intercollegiate, interscholastic, and youth recreational—the prevailing view is that the government should not take an active role in regulating athletics. As a result, there are relatively few federal or state statutes directed at regulating sports, and those that are aimed at sports primarily serve to support the professional sports industry. Moreover, courts show great deference to sports leagues and administrators, most often applying law in a way that insulates and empowers them. This creates a climate where leagues and administrators are permitted wide latitude to structure and conduct their respective sports as they see …


International Intellectual Property Shelters, Sam Halabi Jan 2016

International Intellectual Property Shelters, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


The Objectives And Principles Of The Wto Trips Agreement: A Detailed Anatomy, Alison Slade Jan 2016

The Objectives And Principles Of The Wto Trips Agreement: A Detailed Anatomy, Alison Slade

Osgoode Hall Law Journal

Article 7 (Principles) and Article 8 (Objectives) are prominent within the text of the WTO TRIPS Agreement, yet have figured sparingly in the reasoning of the Dispute Settlement Body (DSB). This discrepancy is accentuated when considered in light of three key factors. First, the pioneering step taken by TRIPS negotiators to include broad declarations of intent within the operative text. Second, the 2001 reinforcement given to these provisions in the Doha Declaration on TRIPS and Public Health. Finally, the verbatim replication of these provisions within other international IP instruments, notably, the Trans-Pacific Partnership, the Anti-Counterfeiting Trade Agreement and the WIPO …


Aging Disgracefully: Do Economic Laws Remain Rational In Spite Of Changed Circumstances?, Johanna Talcott Jan 2016

Aging Disgracefully: Do Economic Laws Remain Rational In Spite Of Changed Circumstances?, Johanna Talcott

FIU Law Review

No abstract provided.


The User Principle: Rashomon Effect Or Much Ado About Nothing?, Kelvin F. K. Low Jan 2016

The User Principle: Rashomon Effect Or Much Ado About Nothing?, Kelvin F. K. Low

Research Collection Yong Pung How School Of Law

No abstract provided.


Beyond Lifestyle: Governing The Social Determinants Of Health, Wendy K. Mariner Jan 2016

Beyond Lifestyle: Governing The Social Determinants Of Health, Wendy K. Mariner

Faculty Scholarship

Non-communicable and chronic diseases have overtaken infectious diseases as the major causes of death and disability around the world. Despite recognition that reduction in the chronic disease burden will require governance systems to address the social determinants of health, most public health recommendations emphasize individual behavior as the primary cause of illness and the target of intervention. This Article argues that focusing on lifestyle can backfire, by increasing health inequities and inviting human rights violations. If States fail to take meaningful steps to alter the social and economic structures that create health risks and encourage unhealthy behavior, health at the …


Fda's Troubling Failures To Use Its Authority To Regulate Genetically Modified Foods, Leslie Francis, Robin Kundis Craig, Erika George Jan 2016

Fda's Troubling Failures To Use Its Authority To Regulate Genetically Modified Foods, Leslie Francis, Robin Kundis Craig, Erika George

Faculty Scholarship

This Article concerns the particular regulatory responsibilities only of FDA. It sets to one side the possible regulatory authority of agencies such as the Environmental Protection Agency ("EPA") or the U.S. Department of Agriculture ("USDA"). This approach risks replicating the regulatory fracture introduced during the Reagan Administration and criticized by some scholars,15 but there is a great deal to say about current FDA practices. Out of similar considerations of space and focus, this Article also sets to one side many other important issues that surround GM foods: intellectual property rights; rights to free speech or commercial speech; fair trade …


Reconciling The Premium Tax Credit: Painful Complications For Lower And Middle-Income Taxpayers, Francine J. Lipman, James E. Williamson Jan 2016

Reconciling The Premium Tax Credit: Painful Complications For Lower And Middle-Income Taxpayers, Francine J. Lipman, James E. Williamson

Scholarly Works

The Patient Protection and Affordable Care Act (ACA) makes available to certain middle and lower-income individuals a refundable tax credit, the Premium Tax Credit (PTC), designed to help them pay the premiums on their qualified health care plans. To achieve Congress’s goal of making health insurance affordable, the PTC is most often provided directly to an individual’s insurance provider each month in advance of actually claiming the PTC on the individual’s year-end annual tax return. Of the almost twelve million individuals who have enrolled in health insurance through the federal and state health exchanges in 2015, 85% of these individuals …


Controlling Health Care Spending: More Patient "Skin In The Game?", David Orentlicher Jan 2016

Controlling Health Care Spending: More Patient "Skin In The Game?", David Orentlicher

Scholarly Works

In this article, Professor Orentlicher explores the high cost of healthcare and the trend in health insurance to shift the cost of health care to patients in an attempt to influence their behavior and health decisions. He examines such strategies as reference pricing, scaled cost-sharing, and employee wellness programs.