Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Federalism (2)
- Government (2)
- Legal Research and Bibliography (2)
- Agency problem (1)
- Commercial use (1)
-
- Competition (1)
- Constitution (1)
- Constitutional law (1)
- Convergence (1)
- Copyright (1)
- Drafting (1)
- Education (1)
- Education finance (1)
- Elected officials (1)
- Entitlement (1)
- Federal (1)
- Financial risk (1)
- Freerider problem (1)
- Fundamental conceptions (1)
- Health law (1)
- Healthcare (1)
- Hohfeld (1)
- Individual rights (1)
- Innovation (1)
- Institutional Repositories (1)
- Institutional repositories (1)
- Intellectual property (1)
- Legal innovations (1)
- Legislation (1)
- Legislatures (1)
Articles 1 - 8 of 8
Full-Text Articles in Entire DC Network
Federalizing Medicaid, Nicole Huberfeld
Federalizing Medicaid, Nicole Huberfeld
Law Faculty Scholarly Articles
This Article is one of only a small number of proposals over the past forty-six years for federalizing Medicaid. None of these proposals has grappled directly with the reasons that Medicaid does not satisfy federalism goals, and thus a key reason for modernizing Medicaid’s structure has been ignored. Despite being an area of “traditional state concern,” healthcare should no longer be left to the economic and political whims of the states, as Medicaid is not an effective Brandeisian “laboratory of the states.” Admittedly, some would oppose centralization on the ideological grounds that more federal government power is bad, and more …
Open Access: Good For Readers, Authors, And Journals, James M. Donovan, Carol A. Watson
Open Access: Good For Readers, Authors, And Journals, James M. Donovan, Carol A. Watson
Law Faculty Scholarly Articles
Readers, authors, and even law journal publishers will all achieve their different but related interests by adopting open access principles. Readers of every kind will have more efficient access to the materials they need to pursue their intellectual and informational goals; authors will see their works read and cited by a broader audience; and law reviews and journals can raise their own profiles without injuring their revenue streams from fee-based sources. Open access works for everyone, and is the future of information creation and distribution.
Citation Advantage Of Open Access Legal Scholarship, James M. Donovan, Carol A. Watson
Citation Advantage Of Open Access Legal Scholarship, James M. Donovan, Carol A. Watson
Law Faculty Scholarly Articles
In this study focusing on the impact of open access on legal scholarship, the authors examine open access articles from three journals at the University of Georgia School of Law and confirm that legal scholarship freely available via open access improves an article’s research impact. Open access legal scholarship—which today appears to account for almost half of the output of law faculties—can expect to receive fifty-eight percent more citations than non–open access writings of similar age from the same venue.
Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, Richard C. Ausness
Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, Richard C. Ausness
Law Faculty Scholarly Articles
This Article examines the question of whether (or when) product sellers should be allowed to offer optional safety equipment without fear of being held strictly liable for selling a defectively designed product. Part II of this Article examines several approaches to risk-bearing. At one end of the spectrum, the principle of personal autonomy dictates that consumers should decide how much risk they wish to accept. On the other hand, products liability law assumes that if consumers are allowed to subject themselves to greater risk, producers will be quick to take advantage of their inability to make rational decisions about what …
Explanatory Synthesis And Rule Synthesis: A Comparative Civil Law And Common Law Analysis, Michael D. Murray
Explanatory Synthesis And Rule Synthesis: A Comparative Civil Law And Common Law Analysis, Michael D. Murray
Law Faculty Scholarly Articles
In comparative study of common law and civilian legal analysis, many scholars have noted a convergence in the two systems' use of precedent cases. Although common law legal theory historically has started from a position that judges are fully competent to create law and change the law through their adjudication of cases and the judicial opinions they write, and civilian theory historically has started from a position that judges are not empowered to create and change the law enacted by the legislature but rather are to read and apply the existing law to new cases, the practice of tribunals within …
Rule Synthesis And Explanatory Synthesis: A Socratic Dialogue Between Ireac And Treat, Michael D. Murray
Rule Synthesis And Explanatory Synthesis: A Socratic Dialogue Between Ireac And Treat, Michael D. Murray
Law Faculty Scholarly Articles
This Article explores the theory and process of explanatory synthesis in comparison to rule synthesis and case-to-case analogical reasoning as a method of demonstrative legal reasoning and analysis and legal rhetoric. The Article takes the form of a Socratic dialogue to discuss the analytical and rhetorical advantages of explanatory synthesis. Explanatory synthesis provides an important option for inductive reasoning and argumentation within the deductive paradigm of legal analysis, and has rhetorical advantages over other forms of analogical reasoning when examined using the tools of modern argument theory and the rhetorical canons of law and economics.
Property In Law: Government Rights In Legal Innovations, Stephen Clowney
Property In Law: Government Rights In Legal Innovations, Stephen Clowney
Law Faculty Scholarly Articles
One of the most enduring themes in American political thought is that competition between states encourages legal innovation. Despite the prominence of this story in the national ideology, there is growing anxiety that state and local governments innovate at a socially suboptimal rate. Academics have recently expressed alarm that the pace of legal experimentation has become "extraordinarily slow," "inefficient," and "less than ideal." Ordinary citizens, too, seem concerned that government has been leeched of imagination and the dynamic spirit of experimentation; both talk radio programs and newspapers remain jammed with complaints about legislative gridlock and do-nothing politicians who cannot, or …
State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries
State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries
Law Faculty Scholarly Articles
This Article begins by reviewing Wesley Newcomb Hohfeld's “fundamental conceptions” and expanding his theory to the arena of state constitutional rights, building on recent work by other scholars. From this foundation, it moves to a discussion of the sources of rights to education. The Article then examines the text of relevant state constitutional provisions, as well as the ever-changing landscape of school finance litigation, the principal vehicle through which litigants assert constitutional claims based on ostensible education rights. Next, it systematically analyzes the population of reported cases from the highest state courts to identify Hohfeldian conceptions of education rights held …