Digital Commons Network^™

Medical Necessity Of Residential Treatment For Anorexia: Can Parity Be Achieved?, Abbey Derechin

Northwestern Journal of Law & Social Policy

This Note examines the statutory landscape of mental health parity in the United States. The lens of this Note is through the mental illness of anorexia. Parity laws mandate analogous limitations between mental and physical illness. Therefore, because anorexia has many physical manifestations, it serves as a nice juxtaposition to physical illnesses. This Note will argue for broad interpretation of the Mental Health Parity and Addiction Equity Act (MHPAEA) through comparative analysis of counterpart statute, the California Mental Health Parity Act (CMHPA). It will explore how courts have interpreted the CMHPA broadly to suggest that the MHPAEA should be interpreted …

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …

Discovering Forensic Fraud, Jennifer D. Oliva, Valena E. Beety

Northwestern University Law Review

This Essay posits that certain structural dynamics, which dominate criminal proceedings, significantly contribute to the admissibility of faulty forensic science in criminal trials. The authors believe that these dynamics are more insidious than questionable individual prosecutorial or judicial behavior in this context. Not only are judges likely to be former prosecutors, prosecutors are “repeat players” in criminal litigation and, as such, routinely support reduced pretrial protections for defendants. Therefore, we argue that the significant discrepancies between the civil and criminal pretrial discovery and disclosure rules warrant additional scrutiny.

In the criminal system, the near absence of any pretrial discovery means …

Sleuthing Scientific Evidence Information On The Internet, Carol Henderson, Diana Botluk

Journal of Criminal Law and Criminology

No abstract provided.

An Empirical Research Agenda For The Forensic Sciences, Jonathan J. Koehler, John B. Meixner Jr.

Journal of Criminal Law and Criminology

After the National Academy of Sciences issued a stunning report in 2009 on the unscientific state of many forensic science subfields, forensic science has undergone internal and external scrutiny that it had managed to avoid for decades. Although some reform efforts are underway, forensic science writ large has yet to embrace and settle upon an empirical research agenda that addresses knowledge gaps pertaining to the reliability of its methods. Our paper addresses this problem by proposing a preliminary set of fourteen empirical studies for the forensic sciences. Following a brief discussion of the courtroom treatment of forensic science evidence, we …

Cinderella Story? The Social Production Of A Forensic “Science”, Gary Edmond, Emma Cunliffe

Journal of Criminal Law and Criminology

The last decade has witnessed unprecedented criticism of the forensic sciences from academic commentators and authoritative scientific and technical organizations. Simultaneously, podiatrists have begun to promote themselves as forensic scientists, capable of assisting investigators and courts in their endeavors to identify offenders. This article traces the emergence of forensic podiatry, particularly forensic gait analysis. Forensic gait analysis is a practice that involves comparing persons of interest in crime-related images (such as CCTV and surveillance recordings) with reference images of suspects, where the primary focus is on movement and posture. It tends to be applied when other techniques, such as the …

The Flawed Probabilistic Foundation Of Law And Economics, Alex Stein

Northwestern University Law Review

No abstract provided.

Informal Deference: A Historical, Empirical, And Normative Analysis Of Patent Claim Construction, J. Jonas Anderson, Peter S. Menell

Northwestern University Law Review

No abstract provided.

Reference Pricing: An Effective Model For The U.S. Pharmaceutical Industry?, Marie Salter

Northwestern Journal of International Law & Business

The pharmaceutical industry stands at a peculiar place in the United

States. It is one of the largest industries in the United States, “enjoy[ing] profit

margins nearly four times that of the average Fortune 500 company.” It is also

a global leader, responsible for an enormous amount of research and

development. Despite its size and power, the U.S. pharmaceutical industry is

largely reviled, Perhaps what differentiates the U.S. pharmaceutical industry

from the pharmaceutical industries of other nations is its “free market” price

setting. Other nations, particularly those in the European Union, use

government price controls to keep pharmaceutical prices low. …

Ooey Gui: The Messy Protection Of Graphical User Interfaces, Rachel Stigler

Northwestern Journal of Technology and Intellectual Property

Ooey GUI: The Messy Protection of Graphical User Interfaces

Legislating A Family-Friendly Workplace: Should It Be Done In The United States?, Marianne Delpo Kulow

Northwestern Journal of Law & Social Policy

This Article reviews both domestic and international efforts to legislate a more family-friendly workplace, with an eye toward measuring the impact of these various initiatives and predicting both their future success and the likelihood of more widespread adoption. In particular, the Article reviews federal, state, and international legislative efforts to mandate: paid parental leaves; paid sick days; and flexible work arrangements. The Article then attempts to measure the effectiveness of such legislatively required, family-friendly policies by suggesting ways to measure and to predict the impact of U.S. legislative efforts to reconcile the conflicting responsibilities of work and parenthood. The Article …

Judicial Intervention And Juvenile Corrections Reform: A Case Study Of Jerry M. V. District Of Columbia, Will Singer

Journal of Criminal Law and Criminology

No abstract provided.

Never Going Home: Does It Make Us Safer - Does It Make Sense - Sex Offenders, Residency Restrictions, And Reforming Risk Management Law , Caleb Durling

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira P. Robbins

Journal of Criminal Law and Criminology

No abstract provided.

Using The Innocent To Scapegoat Miranda: Another Reply To Paul Cassell, Richard A. Leo, Richard J. Ofshe

Journal of Criminal Law and Criminology

No abstract provided.

Junk Science: The Criminal Cases, Paul C. Giannelli

Journal of Criminal Law and Criminology

No abstract provided.

Well Kept: Comparing Quality Of Confinement In Private And Public Prisons, Charles H. Logan

Journal of Criminal Law and Criminology

No abstract provided.

The Rough Sex Defense, George E. Buzash

Journal of Criminal Law and Criminology

No abstract provided.

Could Successful Rehabilitation Reduce The Crime Rate, Ernest Van Den Haag

Journal of Criminal Law and Criminology

No abstract provided.

First Amendment--Nonobscene Child Pornography And Its Categorical Exclusion From Constitutional Protection, Sandra Zunker Brown

Journal of Criminal Law and Criminology

No abstract provided.

The Good Faith Restatement Of The Exclusionary Rule, D. Lowell Jensen, Rosemary Hart

Journal of Criminal Law and Criminology

No abstract provided.

The Saturday Night Special: An Assessment Of Alternative Definitions From A Policy Perspective, Philip Cook

Journal of Criminal Law and Criminology

No abstract provided.

Fourth Amendment--The Court Further Limits Standing, Rebecca J. Lauer

Journal of Criminal Law and Criminology

No abstract provided.

First Amendment--Professional Discipline And The Right To Advertise

Journal of Criminal Law and Criminology

No abstract provided.

Recent Trends In The Criminal Law

Journal of Criminal Law and Criminology

No abstract provided.

Search And Seizure: Robinson V. United States, 414 U.S. 218 (1973), Gustafson V. Florida, 414 U.S. 260 (1973)

Journal of Criminal Law and Criminology

No abstract provided.

Prosecutorial Cross-Examination: Limitations Upon The Sword Of Justice, Jeremy Margolis

Journal of Criminal Law and Criminology

No abstract provided.

Police Science Technical Abstracts And Notes

Journal of Criminal Law and Criminology

No abstract provided.

Jury Trial--Unanimous Verdicts: Johnson V. Louisiana, 406 U.S. 356 (1972), Apodaca V. Oregon, 406 U.S. 404 (1972)

Journal of Criminal Law and Criminology

No abstract provided.