Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Faculty Scholarship

Discipline
Institution
Keyword
Publication Year
File Type

Articles 4171 - 4200 of 25406

Full-Text Articles in Entire DC Network

Personal Jurisdiction In Comparative Context, Scott Dodson Jan 2021

Personal Jurisdiction In Comparative Context, Scott Dodson

Faculty Scholarship

This Article places the recent evolution of U.S. personal jurisdiction in comparative context. Comparativism helps illuminate and explain both the modest convergences and the more pervasive divergences. On the convergences side, the Supreme Court’s acknowledgment of transnational litigation and express invocation of European approaches to personal jurisdiction have helped move general jurisdiction away from the exorbitant “doing business” jurisdiction that seemed previously to be settled U.S. law. But persistent divergences tell the more interesting story. The Court’s refusal to deviate from its commitment to transient jurisdiction, its recent narrowing of specific jurisdiction since 2011, its implicit rejection of pendent-party personal …


Congress's Power Over Militay Offices, Zachary S. Price Jan 2021

Congress's Power Over Militay Offices, Zachary S. Price

Faculty Scholarship

Although scholars have explored at length the constitutional law of office-holding with respect to civil and administrative offices, parallel questions regarding military office-holding have received insufficient attention. Even scholars who defend broad congressional authority to structure civil administration typically presume that the President, as Commander in Chief, holds greater authority over the military. For its part, the executive branch has claimed plenary authority over assignment of military duties and control of military officers. This pro-presidential consensus is mistaken. Although the President, as Commander in Chief, must have some form of directive authority over U.S. military forces in the field, the …


Bad Role Models? American Influence On Israeli Criminal Justice Policy, Hadar Aviram Jan 2021

Bad Role Models? American Influence On Israeli Criminal Justice Policy, Hadar Aviram

Faculty Scholarship

In this Article I rely on the public policy concept of "policy transfer" to examine the impact of U.S. legislation, litigation, and politics on the Israeli criminal justice landscape. The Article identifies four eras: 1. The Great Light from the West - the ascent of U.S. criminal justice as British influence fades; 2. The Decade of Rights - a misperception of America as a paragon of criminal justice rights and protections that results in influences on Israeli jurisprudence; 3. The Law-and-Order Enchantment Period - a time at which Israeli scholars and policymakers import punitive trends from the U.S., particularly in …


Cooperativism In The American Adversarial Tradition, Scott Dodson Jan 2021

Cooperativism In The American Adversarial Tradition, Scott Dodson

Faculty Scholarship

American civil litigation is adversarial both-in the sense of fitting within the adversarial tradition of party-driven litigation followed in most common-law countries, and in the sense of being aggressively combative. Yet within US civil litigation is an undercurrent of cooperativism. This article uncovers cooperativism in the procedural rules and common party practice, and it situates cooperativism within both adversarialism and judicial managerialism. The article argues that cooperativism is a story in its own right, one that should not be overlooked.


Article Iii And The Political-Question Doctrine, Scott Dodson Jan 2021

Article Iii And The Political-Question Doctrine, Scott Dodson

Faculty Scholarship

Courts and commentators have often sourced the political question doctrine in Article III, a repository of other separation-of-powers doctrines applicable to the federal courts. Rucho v. Common Cause, a blockbuster political question case decided in 2019, explicitly tied the doctrine to Article III. But the historical development of the doctrine undermines the depth of that connection. Further, sourcing the doctrine in Article III leads to some very odd effects, including leaving state courts free to answer federal political questions. This Article argues that the source of the political question doctrine is in substantive law, not in Article III. Such an …


Videoconferencing And Legal Doctrine, Scott Dodson Jan 2021

Videoconferencing And Legal Doctrine, Scott Dodson

Faculty Scholarship

No abstract provided.


Negative Innovation: When Patents Are Bad For Patients, Robin C. Feldman, David A. Hyman, W. Nicholson Price Ii, Mark J. Ratain Jan 2021

Negative Innovation: When Patents Are Bad For Patients, Robin C. Feldman, David A. Hyman, W. Nicholson Price Ii, Mark J. Ratain

Faculty Scholarship

Incentives in patent law have driven innovation into spaces that are affirmatively harmful to patients, and patentees are discouraged from taking steps to improve the product so as to prevent adverse health outcomes.


Differential Etiology: Inferring Specific Causation In The Law From Group Data In Science, Joseph Sanders, David L. Faigman, Peter B. Imrey, Philip Dawid Jan 2021

Differential Etiology: Inferring Specific Causation In The Law From Group Data In Science, Joseph Sanders, David L. Faigman, Peter B. Imrey, Philip Dawid

Faculty Scholarship

In every toxic-tort case, the plaintiff must prove that the defendant exposed the plaintiff to something that caused an injury. The causal proof is in two parts: proof of general causation and proof of specific causation. General causation addresses the question of whether the exposure can cause injury in anyone. In the area of toxic torts, the evidence available to answer this question comes in the form of groupbasedstudies in the fields of toxicology, epidemiology, and genetics—studies that search for the effects of causes. Proof of general causation, however, is not enough. Because court cases focus on the individual, the …


Taxpayer Choices, Itemized Deductions, And The Relationship Between The Federal & State Tax Systems, Heather M. Field Jan 2021

Taxpayer Choices, Itemized Deductions, And The Relationship Between The Federal & State Tax Systems, Heather M. Field

Faculty Scholarship

Almost 30 million taxpayers who itemized their federal deductions for the 2017 tax year switched to the standard deduction for 2018. The provisions of the Tax Cuts & Jobs Act (“TCJA”) that led to this shift were intended to simplify the individual income tax system. This Article’s empirical study of federal and state tax filing data, however, demonstrates that the TCJA’s simplifying effect varied state-to-state depending on whether a state obligated its taxpayers to make the same choice for state tax purposes (i.e., to itemize deductions or take the standard deduction) as the taxpayer made for federal purposes. In states …


A Roadmap For Foreign Official Immunity Cases In Us Courts, William S. Dodge, Chimene I. Keitner Jan 2021

A Roadmap For Foreign Official Immunity Cases In Us Courts, William S. Dodge, Chimene I. Keitner

Faculty Scholarship

This Article provides a roadmap for cases involving foreign official immunity in U.S. courts. In 2010, the U.S. Supreme Court held in Samantar v. Yousuf that the Foreign Sovereign Immunities Act (FSIA) does not govern the immunity of foreign officials. Since Samantar, dozens of decisions have addressed questions of foreign official immunity. Yet, U.S. courts often seem lost. They frequently fail to engage with the customary international law rules of foreign official immunity, instead reaching back to an outdated provision of the 1965 Restatement (Second) of Foreign Relations Law. Courts are divided on how much deference to give the executive …


States’ Merger Review Authority Is Associated With States Challenging Hospital Mergers, But Prices Continue To Increase, Brent D. Fulton, Jaime S. King, Daniel R. Arnold, Alexandra D. Montague, Samuel M. Chang, Thomas L. Greaney, Richard M. Scheffler Jan 2021

States’ Merger Review Authority Is Associated With States Challenging Hospital Mergers, But Prices Continue To Increase, Brent D. Fulton, Jaime S. King, Daniel R. Arnold, Alexandra D. Montague, Samuel M. Chang, Thomas L. Greaney, Richard M. Scheffler

Faculty Scholarship

States can challenge proposed hospital mergers by using antitrust laws to prevent anticompetitive harms. This observational study examined additional state laws—principally charitable trust, nonprofit corporation, health and safety, and certificate-of-need laws—that can serve as complements and substitutes for antitrust laws by empowering states to be notified of, review, and challenge proposed hospital mergers through administrative processes. During the period 2010–19, 862 hospital mergers were proposed, but only forty-two (4.9 percent) were challenged by states, including thirty-five by states without federal involvement, of which twenty-five (71.4 percent) originated in the eight states with the most robust merger review authority. The twenty-five …


Covid-19 Vaccine Uptake Through The Lived Experiences Of Health Care Personnel: Policy And Legal Considerations, Rachel Gur-Arie, Zackary Berger, Dorit Rubinstein Reiss Jan 2021

Covid-19 Vaccine Uptake Through The Lived Experiences Of Health Care Personnel: Policy And Legal Considerations, Rachel Gur-Arie, Zackary Berger, Dorit Rubinstein Reiss

Faculty Scholarship

Purpose: To investigate whether coronavirus disease 2019 (COVID-19) vaccination campaigns targeted at health care personnel (HCP) in the United States have addressed the lived experiences of HCP on the frontlines of the COVID-19 pandemic and to analyze policy and legal considerations for improving COVID-19 vaccine uptake among HCP. Methods: We conducted a literature and policy review to explore the lived experiences of different occupational groups of HCP on the frontlines of the COVID-19 pandemic—physicians, nurses, trainees, and nonclinical essential workers—in relation to ongoing COVID-19 vaccination campaigns. Finally, we discuss policy and legal considerations to improve the state of HCP COVID-19 …


More Than A Mask: Stay-At-Home Orders And Religious Freedom, Dorit Rubinstein Reiss, Madeline Thomas Jan 2021

More Than A Mask: Stay-At-Home Orders And Religious Freedom, Dorit Rubinstein Reiss, Madeline Thomas

Faculty Scholarship

No abstract provided.


A Longitudinal Workplace-Based Interprofessional Curriculum For Graduate Learners In A Geriatrics Patient-Centered Medical Home, Pei Chen, Mackenzie Clark, Michele Sherma, Yvonne Troya, Irena Cenzer, Josette Rivera Jan 2021

A Longitudinal Workplace-Based Interprofessional Curriculum For Graduate Learners In A Geriatrics Patient-Centered Medical Home, Pei Chen, Mackenzie Clark, Michele Sherma, Yvonne Troya, Irena Cenzer, Josette Rivera

Faculty Scholarship

Current health professions training programs offer limited longitudinal opportunities in geriatrics and interprofessional collaborative practice (IPCP); these longitudinal opportunities are necessary for a workforce capable of caring for an aging population with complex care needs. We designed a year-long, workplace-based curriculum incorporating interprofessional (IP) preceptorships and formal conferences in which graduate learners from geriatric medicine, pharmacy, social work, and law formed a learners’ team, learned about IPCP, and cared for older adults in an academic geriatrics patient-centered medical home. Our curricular objectives were to 1) improve IP collaborative competencies, 2) improve perceived teamness (defined as having core IP qualities of …


Making Immigration Law Respond To The Needs Of Building U.S. Leadership In Artificial Intelligence, Richad A. Boswell, Aditya Mohan Jan 2021

Making Immigration Law Respond To The Needs Of Building U.S. Leadership In Artificial Intelligence, Richad A. Boswell, Aditya Mohan

Faculty Scholarship

No abstract provided.


Designing Disruption In Pharmaceuticals, Robin C. Feldman Jan 2021

Designing Disruption In Pharmaceuticals, Robin C. Feldman

Faculty Scholarship

Antitrust is atomistic: deliberately focused on trees, not forests. It pays attention to the consequences of individual acts alleged to be anticompetitive. That focus is misplaced. Companies and markets don't focus on one particular act to the exclusion of all else. Business strategy em­ phasizes holistic, integrated planning. And market outcomes aren't determined by a single act, but by the result of multiple acts by multiple parties in the overall context of the structure and character­ istics of the market. The atomistic nature of modern antitrust law causes it to miss two important classes of potential competitive harms. First, the …


Combination Therapy Patents: A New Front In Evergreening, Garth W. Strohbehn, Alec J. Kacew, Daniel A. Goldstein, Robin C. Feldman, Mark J. Ratain Jan 2021

Combination Therapy Patents: A New Front In Evergreening, Garth W. Strohbehn, Alec J. Kacew, Daniel A. Goldstein, Robin C. Feldman, Mark J. Ratain

Faculty Scholarship

No abstract provided.


Technology And Litigation: The 21st Century American Experience, Richard L. Marcus Jan 2021

Technology And Litigation: The 21st Century American Experience, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Us State-Level Legal Interventions Related To Covid-19 Vaccine Mandates, Breanna Fernandes, Mark Christopher Navin, Dorit Rubinstein Reiss, Saad B. Omer, Katie Attwell Jan 2021

Us State-Level Legal Interventions Related To Covid-19 Vaccine Mandates, Breanna Fernandes, Mark Christopher Navin, Dorit Rubinstein Reiss, Saad B. Omer, Katie Attwell

Faculty Scholarship

No abstract provided.


The Law And Ecology Of Dam Removals, Dave Owen, Kim Sager-Fradkin Jan 2021

The Law And Ecology Of Dam Removals, Dave Owen, Kim Sager-Fradkin

Faculty Scholarship

No abstract provided.


The Political (Mis)Representation Of Immigrants On The Census, Ming Hsu Chen Jan 2021

The Political (Mis)Representation Of Immigrants On The Census, Ming Hsu Chen

Faculty Scholarship

Who is a member of the political community? What barriers to inclusion do immi- grants face as outsiders to this political community? This article describes several barriers facing immigrants that impede their political belonging. It critiques these barriers not on the basis of immigrants’ rights but based on their rights as current and future members of the political community. This is the second of two Essays. The first Essay focused on voting restrictions impacting Asian American and Latino voters. The second Essay focuses on challenges to including immigrants, Asian Americans, and Latinos in the 2020 Census. Together, the Essays critique …


The Political (Mis)Representation Of Immigrants In Voting, Hunter Knapp, Ming Hsu Chen Jan 2021

The Political (Mis)Representation Of Immigrants In Voting, Hunter Knapp, Ming Hsu Chen

Faculty Scholarship

Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This Essay describes several barriers facing im- migrants and naturalized citizens that impede their political belonging. It critiques these barriers on the basis of immi- grants and foreign-born voters having rights of semi-citizen- ship. By placing naturalization backlogs, voting restrictions, and reapportionment battles in the historical context of voter suppression, it provides a descriptive and normative account of the political misrepresentation of immigrants.


School Police Reform: A Public Health Imperative, Thalia Gonzalez, Emma Kaeser Jan 2021

School Police Reform: A Public Health Imperative, Thalia Gonzalez, Emma Kaeser

Faculty Scholarship

Out of the twin pandemics currently gripping the United States—deaths of unarmed Black victims at the hands of police and racialized health inequities resulting from COVID- 19—an antiracist health equity agenda has emerged that identifies racism as a public health crisis. Likewise, calls for reform of school policing by those advocating for civil rights, racial justice, and Black Lives Matter have simultaneously intensified. Yet each remains siloed, despite the natural connection and implicit overlap between these separate movements and debates. Indeed, there are documented negative health effects of school policing for Black, Indigenous, people of color (BIPOC) youth. But these …


Restorative Justice, School Reopenings And Educational Equity: A Contemporary Mapping And Analysis Of State Law, Thalia Gonzalez, Rebecca Epstein, Claire Krelitz, Rhea Shinde Jan 2021

Restorative Justice, School Reopenings And Educational Equity: A Contemporary Mapping And Analysis Of State Law, Thalia Gonzalez, Rebecca Epstein, Claire Krelitz, Rhea Shinde

Faculty Scholarship

The opportunity to use restorative justice practices to address structural inequalities and reimagine school structures has become increasingly important in the wake of twin social and public health pandemics. As research-based restorative practices continue to grow across the country with the aim of fostering supportive, safe, and anti-racist learning environments, calls to codify school-based restorative justice are spreading. Despite the prevalence of on-the-ground practices since the 1990s and a growing evidence base for school-based restorative practices, there is little understanding of the effect of the legalization of restorative justice on individual- or school-level outcomes. This study is the first analysis …


Race, School Policing, And Public Health, Thalia Gonzalez Jan 2021

Race, School Policing, And Public Health, Thalia Gonzalez

Faculty Scholarship

The ever-growing list of names of Black victims who have died at the hands ofpolice has emboldened a new public narrative that frames police violence—and other more commonplace, though less lethal, disparate policing practices—as a public health crisis rooted in this country’s history of racism and anti-Blackness. This public narrative in turn has spawned a diverse set of responsive actions in both the public and private sectors directed at addressing the effects of individual and structural racism on health. Yet missing from this linkage between police violence and racialized health disparities is any focus on the educational system, despite the …


Prescription-Drug Policing: The Right To Health Information Privacy Pre-And Post-Carpenter, Jennifer D. Oliva Jan 2021

Prescription-Drug Policing: The Right To Health Information Privacy Pre-And Post-Carpenter, Jennifer D. Oliva

Faculty Scholarship

This Article operates at the intersection of privacy law, Fourth Amendment doctrine, and prescription-drug surveillance instigated by the U.S. drug-overdose crisis. Reputable reporting sources frequently frame that ongoing crisis as a prescription-drug-overdose “epidemic.” Current epidemiological data, however, indicate that the majority of American overdose deaths are now a result of illicit and polysubstance drug use and not prescription-opioid misuse. The prescription-opioid- centric frame has nonetheless sparked the rapid rise of surveillance of prescribers and patients in the form of state prescription-drug monitoring program (“PDMP”) databases. State PDMPs, which maintain and analyze significant data concerning every dispensed controlled substance, surreptitiously collect …


Retheorizing Progressive Taxation, Manoj Viswanathan Jan 2021

Retheorizing Progressive Taxation, Manoj Viswanathan

Faculty Scholarship

Progressively taxing consumption has much normative appeal, but pre­ vious legal scholarship has incorrectly assumed that directly accounting for the expenditures of individual taxpayers is administratively infeasible. Changes in consumer spending and advances in technology require revisiting this assumption. This article proposes a novel framework through which an individual accounting progressive consumption tax (IAPCT) can be imple­ mented and establishes the IAPCT's superiority to previously proposed forms of progressive consumption taxation. IAPCT advantages include a significant reduction in tax filing costs, improved enforcement, and the immediate de­ ployment of place-based tax policy.


Time Enough For Counting: A Unicorn Retrospective, Abraham Cable Jan 2021

Time Enough For Counting: A Unicorn Retrospective, Abraham Cable

Faculty Scholarship

No abstract provided.


Evolution Or Revolution In Telehealth Regulation, George Horvath Jan 2021

Evolution Or Revolution In Telehealth Regulation, George Horvath

Faculty Scholarship

No abstract provided.


"I Would If Only I Could": How California Cities Can Use State Law To Overcome Neighborhood Resistance To New Housing, Christopher S. Elmendorf, Eric Biber, Paavo Monkkonen, Moira O’Neill Jan 2021

"I Would If Only I Could": How California Cities Can Use State Law To Overcome Neighborhood Resistance To New Housing, Christopher S. Elmendorf, Eric Biber, Paavo Monkkonen, Moira O’Neill

Faculty Scholarship

No abstract provided.