Digital Commons Network^™

How Not To Do Medical Malpractice Reform: A Florida Case Study, Mary I. Coombs

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No abstract provided.

Consumers Of Financial Services And Multi-Level Regulation In The European Union, Caroline Bradley

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No abstract provided.

Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, And The University Of Miami, Kenneth M. Casebeer

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No abstract provided.

Crossover Special Presentation: American Indian Law And Literature, Richard Delgado, Jean Stefancic

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No abstract provided.

Illusory Consent: When An Incapacitated Patient Agrees To Treatment, Fredrick E. Vars

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Medical treatment requires informed consent which in turn requires decision making capacity When a patient with questionable capacity does not resist treatment these requirements are often neglected treatment is administered with no assessment of capacity and no consideration of alternative decision making A variety of ethical and legal forces contribute to this neglect The practical effect is that patients are treated when if they had capacity they would refuse treatment This subverts the dominant interest in health care decision making patient autonomy After surveying current law and practice this article addresses the following issues 1 when to test patients for …

Operationalizing Deterrence Claims Management (In Hopsitals, A Large Retailer, And Jails And Prisons), Margo Schlanger

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The theory that the prospect of liability for damages deters risky behavior has been developed in countless articles and books. The literature is far sparser, however, on how deterrence is operationalized. And prior work slights an equally important effect of damage actions, to incentivize claims management in addition to harm-reduction responses that are cost- rather than liabilityminimizing. This article works in the intersection of these two understudied areas, focusing on claims management steps taken by frequently sued organizations, and opening a window into the black box of deterrence to see how those steps may end up serving harm-reduction purposes as …

Did Bankruptcy Reform Fail? An Empirical Study Of Consumer Debtors, Robert M. Lawless, Angela K. Littwin, Katherine M. Porter, John A. E. Pottow, Deborah K. Thorne, Elizabeth Warren

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Before 2005, many people went broke and many filed for bankruptcy. After 2005, many people still go broke, but not so many file for bankruptcy. Why has the number of bankruptcies declined? Surely it is not the economy. All throughout the 2000s, families have been under increasing economic pressure. Median family incomes have declined, basic expenses have risen, and families are shouldering unprecedented debt loads. Defaults remain high for credit cards and car loans, while mortgage foreclosures have soared. By 2008, over half of all Americans reported that their incomes were falling behind their cost of living. These data all …

The Impact Of Traumatic Stress And Alcohol Exposure On Youth: Implications For Lawyers, Judges, And Courts, Frank E. Vandervort

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Since its inception in the late nineteenth century, the juvenile court has been concerned with the legal problems of children and their families. From the court’s earliest days, it has sought to address child abuse and neglect and juvenile delinquency as social problems that result from familial and community breakdown. Over the decades, researchers from various disciplines have provided varying explanations of how and why family systems break down, why some parents fail to nurture their children, why some physically or sexually abuse their children, and why some children become delinquent.

Empirical Research For Public Policy: With Examples From Family Law, Richard O. Lempert

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Perhaps more than in any other field, legal scholarship has aimed directly at influencing public policy. Hence, it is not surprising that empirical scholarship on law related issues often seems to have an agenda that extends beyond the common social science goals of adding to our knowledge base and understanding of human behavior to suggesting to policy makers and practitioners legal and administrative changes that will ameliorate problems they confront and, by the researcher’s lights, make this a better world in which to live.

Do Different Iindustries Report Corporate Social Responsibility Differently?: An Investigation Through The Lens Of Stakeholder Theory, Lorraine Sweeney, Joseph Coughlan

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The social responsibility of business has become a major issue in recent years and the reporting of such activity is becoming more prevalent. Companies are attuning to the benefits of being seen as socially responsibly and many industries are jumping on the bandwagon of reporting CSR and using different media to communicate their activities in this arena to their stakeholders. This paper considers the content of one type of such communications, the annual report, and looks at how organisations are taking a focused stakeholder view of CSR rather than a wider view as would be expected from the ambiguity of …

When American Small Business Hot The Jackpot: Taxes, Politics And The History Of Organizational Choice In The 1950'S, Mirit Eyal-Cohen

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No abstract provided.

Effects Of Cold Weather On Mortality: Results From 15 European Cities Within The Phewe Project, Antonis Analitis, Klea Katsouyanni, Annibale Biggeri, Michela Baccini, Bertil Forsberg Bertil Forsberg, Luigi Bisanti, Ursula Kirchmayer, Ferran Ballester, Ennio Cadum, Patrick J. Goodman, Ana Hojs, J. Sunyer, Pekka Tiittanen, Paola Michelozzi

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Weather-related health effects have attracted renewed interest because of the observed and predicted climate change. The authors studied the short-term effects of cold weather on mortality in 15 European cities. The effects of minimum apparent temperature on cause- and age-specific daily mortality were assessed for the cold season (October-March) by using data from 1990-2000. For city-specific analysis, the authors used Poisson regression and distributed lag models, controlling for potential confounders. Meta-regression models summarized the results and explored heterogeneity. A 1 degrees C decrease in temperature was associated with a 1.35% (95% confidence interval (CI): 1.16, 1.53) increase in the daily …

The Domestic Incorporation Of Human Rights Law And The United Nations Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Ashley Stein

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This Article reviews the processes by which domestic-level transposition of international human rights norms may occur as a consequence of human rights treaty ratification, or other means of incorporation. Specifically, we consider the transformative vision of the Convention on the Rights of Persons with Disabilities (CRPD or Convention) as a vehicle for fostering national-level disability law and policy changes. In doing so, we outline the challenges and opportunities presented by this new phase in disability rights advocacy, and we draw conclusions that bear generally upon human rights practice and scholarship. We contend that the role of human rights in domestic …

Exploring Children's Understanding Of Television Advertising:Beyond The Advertiser's Perspective, Margaret-Anne Lawlor

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Abstract Purpose - The aim of this article is to explore children's understanding of television advertising intent. Methodology- A different perspective on advertising intent is offered in this paper, as evidenced in an interpretive study of Irish children, aged between seven and nine years. A qualitative approach was employed, involving a series of focus group discussions and in-depth interviews with fifty-two children. Findings - The findings indicate that the participating children view advertising as serving interests including, but not limited to the advertiser. The existence of other interested parties is suggested by the children, namely the agendas of viewers and …

Transfer Of Ampicillin Resistance From S. Typhimurium Dt104 To E. Coli K12 In Food, Ciara Walsh, Geraldine Duffy, R. O'Mahoney, D. A. Mcdowell, Seamus Fanning

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Aims:  To investigate the transfer of antibiotic resistance from a donor Salmonella Typhimurium DT104 strain to a recipient Escherichia coli K12 strain.

Methods and Results:  Mating experiments were conducted in broth, milk and ground meat (beef) at incubation temperatures of 4, 15, 25 and 37°C for 18 and 36 h. Ampicillin-resistance transfer was observed at similar frequencies in all transfer media at 25 and 37°C (10⁻⁴ to 10⁻⁵ log₁₀ CFU ml g⁻¹, transconjugants per recipient) for 18 h. At 15°C, transfer was observed in ground meat in the recipient strain (10⁻⁶, log_{10 …}

Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James

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No abstract provided.

Contextualising Nanotechnology In Chemistry Education, Christine O'Connor, Hugh Hayden

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This paper will give an example of a pedagogical approach taken in integrating nanotechnology into a chemistry degree course. In recent years nanotechnology has widely become part of the course content for undergraduate chemistry and physics degree curriculum. How contextualised the delivery of the subject matter may vary. The role of contextualisation of nanotechnology in the delivery of the content is the main focus of this paper, as to date in Ireland and many other countries nanotechnology has not been integrated into many chemistry degree courses but is slowly becoming the case. An evaluative methodology of the pedagogical approach for …

Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben

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The article examines the effectiveness of legal frameworks and corporate practices in addressing employment discrimination, contrasting the French criminal approach with the U.S. reliance on civil remedies and diversity initiatives. It argues that while criminal investigations in France have successfully uncovered and punished discriminatory hiring practices, U.S. corporations often evade meaningful change through ineffective diversity training and lack robust accountability mechanisms. The analysis underscores the need for structural reforms in the U.S., emphasizing the importance of accountability and flexibility in consent decrees to drive lasting progress in diversity and inclusion.

Taking Tort Law Seriously In The Alien Tort Statute, Anthony J. Sebok

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No abstract provided.

Procedural Path Dependence: Discrimination And The Civil-Criminal Divide, Julie C. Suk

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Procedural path dependence occurs when the particular features of the procedural system that is charged with enforcing a given legal norm determine the substantive path of that norm. This Article shows how the limits of employment discrimination law in two different national contexts can be explained by procedural dynamics. In France, as in several European countries, employment discrimination law is enforced predominantly in criminal proceedings. French criminal procedure enables the discovery of information necessary to prove the facts of discrimination, whereas the limits of French civil procedure make it impossible for such information to be revealed. As a result, the …

The Ultimate Association: Same-Sex Marriage And The Battle Against Jim Crow's Other Cousin, Bryan K. Fair

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No abstract provided.

Liberal Mccartyism And The Origins Of Critical Race Theory Critical Race Theory Speaker Series - Crt 20: Honoring Our Past, Charting Our Future, Richard Delgado

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No abstract provided.

Federal Climate Change Legislation And Preemption Symposium: Climate Change Legislation: The Should, The Bad, And The Maybe, William L. Andreen

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No abstract provided.

Disability, Equipment Barriers And Women’S Health: Using The Ada To Provide Meaningful Access, Elizabeth Pendo

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It is well-known that people with disabilities face multiple barriers to adequate health care, including lower average incomes, disproportionate poverty, and issues with insurance coverage. This article focuses on a more fundamental barrier-one that has not been discussed in the legal literature-inaccessible medical equipment and its effect on the delivery of women's health care to millions of women with disabilities .

Genes As Tags: The Tax Implications Of Widely Available Genetic Information, Kyle D. Logue, Joel Slemrod

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Advances in genetic research promise to loosen the tradeoff between progressivity and effi ciency by allowing tax liability (or transfer eligibility) to be based in part on immutable characteristics of individuals (“tags”) that are correlated with their expected lot in life. Use of genetic tags would reduce reliance on tax bases (such as income) that are subject to individual choices and, therefore, subject to ineffi cient distortion to those choices. If genetic information can be used by private employers and insurers, the case for basing tax in part on it becomes more compelling, as genetic inequalities would be exacerbated by …

Principal Investigator Views Of The Irb System, Simon N. Whitney, Kirsten Alcser, Carl E. Schneider, Laurence B. Mccullough, Amy L. Mcguire, Robert J. Volk

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We undertook a qualitative e-mail survey of federally-funded principal investigators of their views of the US human subjects protection system, intended to identify the range of investigator attitudes. This was an exploratory study with a 14% response rate. Twenty-eight principal investigators responded; their comments were analyzed to show underlying themes, which are here presented along with supporting quotations. There was consensus that it is important to protect human subjects from research abuse, but disagreement over how well the IRB system is functioning. Some researchers felt that the system is effective and serves its purpose well. Of those who support the …

Establishing Relations Between Law And Other Forms Of Thought And Language, James Boyd White

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The law does not, and could not, exist in an intellectual or linguistic vacuum. No one believes that the law is or should be impervious to other languages, other bodies of knowledge. In this sense the argument about the 'autonomy' of law is an empty one: law cannot be, should not be, perfectly autonomous, unconnected with any other system of thought and expression; yet it plainly has it own identity as a discourse, it own intellectual and linguistic habits, which it is our task as lawyers to understand and develop. It follows that an essential topic of legal thought is …

Navigating The Interstate Compact On The Placement Of Children: Advocacy Tips For Child Welfare Attorneys, Vivek Sankaran

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Legal advocates across the country confront hundreds of cases like Samira's each year. Many of those cases end with arms raised in frustration due to what appears to be a lack of options after the receiving state either fails to complete the home study or denies a placement. That frustration is understandabkle given the absence of language in the Compact outlining any process to compe states to complete home studies or to permit judicial review of placement denials. Yet, as advocates, we must move beyond this initial state of paralysis and develop creative ways to vindicate the rights of our …

Third-Party Tax Administration: The Case Of Low- And Moderate-Income Households, Michael S. Barr, Jane K. Dokko

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Using a unique household-level data set, this article investigates the taxfiling experiences and refund behavior of low- and moderate-income (LMI) households. We document households' tax-filing behavior, attitudes about the withholding system, use of tax refunds to consume and save, and the mechanisms by which households would prefer to receive their income. We also document the prevalence of the use of tax-preparation services and the receipt of tax refunds and refund-anticipation loans. Finally, we argue that there may be a role for tax administration to enable LMI households to make welfare-improving financial decisions.

(Debate) Medicare: Did The Devil Make Us Do It?, D. A. Hyman, Jill R. Horwitz

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In this lively and creative debate, Professors David Hyman and Jill Horwitz argue about the virtues and vices of the federal Medicare program. As some predict a bleak future for the American’s government’s ability (or inability) to continue paying for Medicare as the population ages, this debate shows that there is genuine disagreement about the severity of the problem. In his Opening Statement, Professor Hyman offers a satirical letter to the Devil from one of his demonic servants, describes the Medicare program through the lens of the seven deadly sins. Arguing that Medicare’s faults are represented in each sin, the …