Digital Commons Network^™

Death Row Economics The Rise Of Fiscally Prudent Anti Death Penalty Activism, Hadar Aviram, Ryan Newby

Faculty Scholarship

No abstract provided.

The Daubert Revolution And The Birth Of Modernity Managing Scientific Evidence In The Age Of Science, David L. Faigman

Faculty Scholarship

No abstract provided.

Neuroscientists In Court, David L. Faigman, Owen D. Jones, Anthony D. Wagner, Marcus E. Raichle

Faculty Scholarship

No abstract provided.

Wading Into The Tide Sargon Enterprises, Inc. V. University Of Southern California, David L. Faigman, Edward J. Imwinkelried

Faculty Scholarship

No abstract provided.

Copyright At The Bedside Should We Stop The Spread?, Robin Cooper Feldman, John Newman

Faculty Scholarship

No abstract provided.

Intellectual Property Wrongs, Robin Feldman

Faculty Scholarship

No abstract provided.

A Conversation On Judicial Decision Making, Robin Cooper Feldman

Faculty Scholarship

No abstract provided.

Clarifying Costs Can Increased Price Transparency Reduce Healthcare Spending?, Jaime S. King, Morgan A. Muir, Stephanie A. Alessi

Faculty Scholarship

No abstract provided.

Reflections On Social Change And Law Reform, John D. Leshy

Faculty Scholarship

No abstract provided.

Foreword Critical Race Theory And Empirical Methods, Osagie K. Obasogie

Faculty Scholarship

No abstract provided.

Where Are We Now And Where Should We Head For? A Reflection On The Place Of East Asia On The Map Of Socio-Legal Studies, Setsuo Miyazawa

Faculty Scholarship

Collaborative Research Networks ("CRNs") developed to encourage and facilitate and collaboration between scholars with shared academic interests. CRN33 (East Asia) is fairly new. This article, which is based on a speech given by the author, examines the status of East Asia in socioeconomic literature, explores the growing prevalence of East Asia as a topic in general theory-building in socio-legal studies, and suggests methods for placing East Asia in a more central position for future socio-legal scholarship. The author emphasizes that scholars in the field of East Asian legal studies should work harder to introduce those outside the field to the …

Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa

Faculty Scholarship

No abstract provided.

Mapping, Modeling, And The Fragmentation Of Environmental Law, Dave Owen

Faculty Scholarship

No abstract provided.

Jeffrey O'Connell And The Market In Tort Claims, Anthony J. Sebok

Articles

This article examines a transitional period in Jeffrey O'Connell's long and productive career as an observer and critic of the American civil justice system. By the early 1970's O'Connell had begun to abandon enterprise liability as a solution to the waste and undercompensation he saw in the tort system. Eventually O'Connell would develop solutions that focused on constraining plaintiffs' attorneys, and less on no-fault compensation. Before reaching this point, O'Connell proposed a no-fault insurance scheme that would be paid for by fault-based tort litigation. This proposal, which he called "elective first party no-fault insurance" ("EFPI") is the focus of this …

Language Access Laws And Legal Issues: A Local Official's Guide, David Jung, Noemí O. Gallardo

Faculty Scholarship

No abstract provided.

Survey Of 2012 Cases Under State Environmental Quality Review Act, Michael B. Gerrard

Faculty Scholarship

The courts issued 55 decisions in 2012 under the State Environmen­tal Quality Review Act (SEQRA).1 As this annual survey shows, especially important decisions concerned the necessity of supplemental environmental impact statements (EISs), and the relationship of SEQRA to various federal laws.

The State Department of Environmental Conservation (DEC) was also busy. On Jan. 15, 2012, DEC adopted revised short and full environmental assessment forms, which are used in determining whether full EISs are needed. The new forms become effective on Oct. 7, 2013. They will be accompanied by workbooks and by an updated web-based geographic information system search engine to …

Chief Justice Robert's Individual Mandate: The Lawless Medicine Of Nfib V. Sebelius, Gregory P. Magarian

Scholarship@WashULaw

After the U.S. Supreme Court in National Federation of Independent Business v. Sebelius held nearly all of the Patient Protection and Affordable Care Act constitutional, praise rained down on Chief Justice John Roberts. The Chief Justice’s lead opinion broke with his usual conservative allies on the Court by upholding the Act’s individual mandate under the Taxing Clause. Numerous academic and popular commentators have lauded the Chief Justice for his political courage and institutional pragmatism. In this essay, Professor Magarian challenges the heroic narrative surrounding the Chief Justice’s opinion. The essay contends that the opinion is, in two distinct senses, fundamentally …

Constitutional Uncertainty And The Design Of Social Insurance: Reflections On The Obamacare Case, Michael J. Graetz, Jerry L. Mashaw

Faculty Scholarship

In 2010, Barack Obama signed the Patient Protection and Affordable Care Act (the ACA), a complex statute of more than nine hundred pages that fulfilled his goal of extending health-insurance coverage to virtually all Americans – an objective that previous U.S. presidents had sought and failed to achieve for a century. This legislation was hotly contested in the Congress, passing with the support of very few Republicans in the Senate and none in the House.

To broaden access to health insurance, the ACA relies primarily on two devices: (1) an expansion to Medicaid – a joint federal-state health-insurance program for …

Rethinking The Principal-Agent Theory Of Judging, Rafael I. Pardo, Jonathan Remy Nash

Scholarship@WashULaw

This Essay offers new insights into understanding the relationship between higher and lower courts and responds to the extant literature that has characterized the relationship as one involving a principal and an agent. We challenge the underpinnings of the principal-agent understanding of judicial hierarchies and identify problems with the theory’s applicability in this context. While principals ordinarily select their agents, higher court judges usually do not select lower court judges. Moreover, while lower court judges may cast votes with an eye to the possibility of elevation to a higher court, the higher court judges who review the lower court’s decisions …

Faculty Publications 2012, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 821 publications.

Combination Thermochemotherapy For The Treatment Of Non-Muscle Invasive Bladder Cancer, Ramy Said Goueli

Yale Medicine Thesis Digital Library

Bladder cancer is the fourth most commonly diagnosed malignancy and is the eighth leading cause of cancer death among men in the United States of America. Furthermore, it is the seventh and seventeenth most common cancer among males and females, respectively with increasing incidence among Caucasian compared with other ethnicities. Thus it is of utmost importance to develop strategies to improve our ability to early diagnose as well improve treatments by developing new drugs or develop novel treatments. We hypothesized that improving drug potency by enhancing their uptake into tumors will improve their clinical efficacy and enhance tumor killing. We …

Toxic Torts And Mass Torts, Brent M. Rosenthal

SMU Law Review

No abstract provided.

Long-Term Care: An Analysis Of Quality By Rurality In Illinois Nursing Homes, Kimberly M. Brombosz

Research Papers

The purpose of this study was to compare the quality of care rating for long-term care facilities in rural versus urban Illinois locations. Using quality of care data available on medicare.gov, 774 Illinois long-term care facilities were compared to determine if a difference in quality of care existed based on rurality. Each facility was classified as either urban focused, large rural city/town (micropolitan) focused, small rural town focused, or isolated small rural town focused using the Rural Urban Commuting Area (RUCA) codes provided by the Rural Health Research Center. Frequencies, ANOVA, and Scheffe tests were used to analyze the data. …

Bankrupting The Faith, Pamela Foohey

Scholarly Works

This Article presents the results of a comprehensive empirical study of religious organizations that filed bankruptcy under Chapter 11 from the beginning of 2006 to the end of 2011. It examines the institutions’ characteristics, reasons for filing, and case outcomes to investigate whether Chapter 11 is an effective solution to their financial problems. In investigating the religious organizations’ cases, the Article also assesses the role of bankruptcy courts in adjudicating Chapter 11 cases and places the cases within theories about the larger purposes of Chapter 11.

The study finds that the vast majority of debtors are small organizations that operate …

Retirement Revolution: Unmitigated Risks In The Defined Contribution Society, Anne M. Tucker

Scholarly Works

A revolution in the retirement landscape over the last several decades shifted the predominant savings vehicle from traditional pensions (defined benefit plans) to self-directed accounts in defined contribution plans like the 401(k) and has drastically changed how people invest in the stock market and why. The prevalence of these self-directed accounts has created our defined contribution society and a new class of investors-the citizen shareholders-who enter the private securities market through self-directed retirement plans, invest for long-term savings goals, and are predominately indirect shareholders. With 90 million Americans invested in mutual funds, and nearly 75 million who do so through …

Death Panels And The Rhetoric Of Rationing, Elizabeth Weeks Leonard

Scholarly Works

This essay offers an explanation for the United States' continued resistance to universal health care as grounded in two taboos: taxation and rationing. Even we were willing to pay more in taxes to directly subsidize the cost of medical care for those in need, rather than our current system of indirect subsidization through private insurance risk-pooling and cost-shifting, we still would face the unavoidable reality of resource limitations. Attempts to limit resource consumption, however, have been strongly opposed, as evidenced by the "death panels" controversy. Governor Palin's grossly erroneous characterization of the Patient Protection and Affordable Care Act (ACA) rendered …

Children And The First Verdict Of The International Criminal Court, Diane Marie Amann

Scholarly Works

Child soldiers were a central concern in the first decade of the International Criminal Court; indeed, the court’s first trial, Prosecutor v. Lubanga, dealt exclusively with the war crimes of conscripting, enlisting, and using child soldiers. This article compares the attention that the court has paid to children – an attention that serves the express terms of the ICC Statute – with the relative inattention in post-World War II international instruments such as the statutes of the Nuremberg and Tokyo tribunals. The article then analyzes the Lubanga conviction, sentence, and reparations rulings. It recommends that the ICC focus attention on …

Disentangling Conscience And Religion, Nathan Chapman

Scholarly Works

What does “liberty of conscience” mean? Religious liberty? Freedom of strong conviction? Freedom of thought? Since the Founding Era, Americans have used liberty of conscience to paper over disputes about the proper scope of religious, moral, and philosophical liberty. This Article explores the relationship between conscience and religion in history, political theory, and theology, and proposes a conception of conscience that supports a liberty of conscience distinct from religious liberty. In doing so, it offers a theoretical basis for distinguishing between conscience and religion in First Amendment scholarship and related fields. Conscience is best understood, for purposes of legal theory, …

Plunging Into Endless Difficulties: Medicaid And Coercion In National Federation Of Independent Business V. Sebelius, Elizabeth Weeks Leonard, Nicole Huberfield, Kevin Outterson

Scholarly Works

Of the four discrete questions before the Court in National Federation of Independent Business v. Sebelius, the Medicaid expansion held the greatest potential for destabilization from both a statutory and a constitutional perspective. As authors of an amicus brief supporting the Medicaid expansion, and scholars with expertise in health law who have been cited by the Court, we show in this article why NFIB is likely to fulfill that promise.

For the first time in its history, the Court held federal legislation based upon the spending power to be unconstitutionally coercive. Chief Justice Roberts’ plurality (joined for future voting purposes …

Across The Curriculum: Integrating Transactional Skills Instruction, Jean Whitney, Lori D. Johnson, Richard Rawson, Carol Morgan

Scholarly Works

No abstract provided.