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- Blockchain, Medicare payments, Health Care, Health Law (1)
- Due process of law (1)
- First Amendement, Education Law, Campus Speech Zones, Free Speech (1)
- Fourth Amendment, Searches and Seizures, Katz test, Jones test, Katz v. United States, United States v. Jones, Smartphones, MagStripe cases (1)
- Healthcare Quality Improvement Act (1)
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- Higher Education Access (1)
- Hospitals (1)
- Medical Cannabis, Cannabis distribution, State regulation of cannabis (1)
- Medical care (1)
- Oral Argument (1)
- Physicians (1)
- Public Higher Education, U.S. Constitution (1)
- School, reform, school inequality, school segregation, resource inequalities, school fundraising, school district secession, school choice (1)
- Special Education, School choice, Education Law, school vouchers, Individuals with Disabilities in Education Act (IDEA) (1)
- The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”), Latin America, Intellectual Property (1)
- Undocumented students, Education Law, DREAMers, campus sanctuary movement (1)
- Undocumented students, School choice, Education Law, school vouchers, school reform, school inequality, school segregation, resource inequalities, school fundraising, school district secession, Education Reform (1)
- Vouchers, Education Reform (1)
Articles 1 - 14 of 14
Full-Text Articles in Law
The Due Process Conundrum: Using Mathews V. Eldridge As A Standard For Private Hospitals Under The Health Care Quality Improvement Act, Amy L. Moore
Belmont Law Review
In response to growing litigation between doctors and hospitals and the recalcitrance of some hospitals to initiate proper peer review actions against incompetent or unprofessional doctors, Congress passed the Health Care Quality Immunity Act in 1986. HCQIA provided immunity for hospitals that engaged in peer review, presuming immunity from both federal and state law claims if the hospital had satisfied the statutory safeguards. One of these statutory requirements is “adequate notice and procedures” for the doctors at issue. It is abundantly clear in both the legislative history of HCQIA and the case law surrounding HCQIA immunity that section 11112(a)(3) was …
Metropolitan Nashville Board Of Public Education Panel Discussion, Sharon Gentry, Christiane Buggs, Will Pinkston, Mary Pierce
Metropolitan Nashville Board Of Public Education Panel Discussion, Sharon Gentry, Christiane Buggs, Will Pinkston, Mary Pierce
Belmont Law Review
Five Members of the Metropolitan Nashville Board of Public Education participate in a panel discussion on the current state of K-12 Education in Tennessee.
Capitán América: The Impact Of Trips On The Cultural Trade Balance In Latin America, Laurann Johnson Kirschner
Capitán América: The Impact Of Trips On The Cultural Trade Balance In Latin America, Laurann Johnson Kirschner
Belmont Law Review
This Note will discuss the cultural implications of TRIPS-mandated copyright structures on developing countries in Latin America and suggest implementation of co-production schemes across the region which will capitalize on Latin American countries’ particular strengths in common language and cultural proximity. Part I will discuss the terms of TRIPS itself, and shed light on how it changed the landscape of trade in cultural goods around the world. In turn, Part II will demonstrate how TRIPS contributes to the homogenization of cultural goods consumption by making it increasingly expensive for developing countries to compete on the world market, thereby creating an …
Katz-Calls: Application Of Fourth Amendment Protection To Police Use Of Smartphone Emergency Functionality, Ryan Russell
Katz-Calls: Application Of Fourth Amendment Protection To Police Use Of Smartphone Emergency Functionality, Ryan Russell
Belmont Law Review
In determining whether an officer’s use of the Emergency function of a phone is a search, it is important first to lay a foundation for why the Constitution provides protection against searches in the first place. Part I of this Note will provide a brief overview of why the Fourth Amendment was adopted, and what rights it is intended to protect. Next, it is impossible to know whether use of Emergency would qualify as a search unless we know how a search is defined. Part II of this Note will examine the tests that have developed over the years, namely …
The Sequential Movement Challenge Of Higher Education Access, Jonathan D. Glater
The Sequential Movement Challenge Of Higher Education Access, Jonathan D. Glater
Belmont Law Review
Too often, discussion of how best to promote greater and more equitable access to higher education in the United States centers on a single set of challenges when in fact they are many, varied, and interrelated. There is the challenge of student diversity: the student body at the most elite institutions does not look like the population of the nation as a whole. There is the burden of cost: the price of higher education both deters potential students and burdens those who must borrow to enroll, whether they graduate or not. There are disturbing disparities in standardized test scores: the …
No Angels In Academe: Ending The Constitutional Deference To Public Higher Education, William E. Thro
No Angels In Academe: Ending The Constitutional Deference To Public Higher Education, William E. Thro
Belmont Law Review
This Article’s thesis is simple—because public university administrators are no more angelic than other constitutional actors are, the judiciary’s deference to higher education officials must end. There is no reason for greater deference to the academy than to other governmental units. Instead, judges must subject higher education administrators to the same skepticism and doubt as other constitutional actors. This Article has three parts. Part I examines how the Courts treat academe’s constitutional actors more deferentially than constitutional actors in other spheres. Specifically, it discusses different approaches concerning racial preferences, student religious groups’ freedom of association, and due process for students …
Private School Vouchers And The Failed Promise Of Osmosis, Margareth Etienne
Private School Vouchers And The Failed Promise Of Osmosis, Margareth Etienne
Belmont Law Review
Over the years, advocates for education reform have championed a range of strategies including accountability through high-stakes testing, incentives for students, teachers, small class sizes, parental involvement, school uniforms, technology in classrooms, extending the school year, curricular change, and so on. One recurring and consistent argument for school improvement and student achievement has been that students of lesser means do better in mixed settings or when grouped with students of higher means. This idea, that the rising tide lifts all boats, has been at the core, or at least figured as a central argument, in several social movements in education …
The Problem Of Intradistrict Inequality, Kristen E. Murray
The Problem Of Intradistrict Inequality, Kristen E. Murray
Belmont Law Review
American elementary and secondary school students have dramatically different educational experiences depending on the school in which they are enrolled. This raises an important question: where should we look to determine where any inequalities might lie? This Article discusses five different factors that contribute to inequalities within school districts. Part I addresses each of these in turn: school segregation; resource inequalities; gaps in private fundraising; school district secession; and the limitations of school choice. Taken together, these factors suggest that intradistrict inequalities create a complicated and difficult problem to solve. It is therefore imperative that if we are going to …
Oral Argument: Transformation, Troubles, And Trends, Marshall L. Davidson Iii
Oral Argument: Transformation, Troubles, And Trends, Marshall L. Davidson Iii
Belmont Law Review
This article explores the dynamic transformation of oral argument from early in American history, its markedly changed significance relative to briefs, and where trends and innovative ideas, including some recently taking root in Tennessee, may take this enduring tradition in the future. To understand the transformation of oral argument and contemporary attitudes about it, one must be familiar with its origins and the crucial role it played in the decision-making process in England and in the formative years of the United States.
Hashing It Out: Blockchain As A Solution For Medicare Improper Payments, William J. Blackford
Hashing It Out: Blockchain As A Solution For Medicare Improper Payments, William J. Blackford
Belmont Law Review
Part I highlights the inadequacies and inefficiencies of our Medicare payment system, focusing on the initiatives currently in place and the susceptibilities that persist. Part II offers a broad overview of the development, importance, features, and collateral technologies surrounding blockchain. Part III posits that Congress and HHS, through its various subsidiary agencies, should work in tandem with private stakeholders to create and/or implement a blockchain-based infrastructure to facilitate federal healthcare payments and support future growth of quality-based initiatives. This Note concludes with a recommendation for future agency research focusing on the viability and cost efficiency of a blockchain solution.
Promise Or Peril: Reframing Parental Rights In Special Education Through School Choice Reform Initiatives, Susan C. Bon
Promise Or Peril: Reframing Parental Rights In Special Education Through School Choice Reform Initiatives, Susan C. Bon
Belmont Law Review
While several court rulings have recognized parental rights over education to varying degrees, the emergence of a common public school agenda has led to an increasing establishment of barriers limiting opportunities for parents to exercise their rights and control over the upbringing of their children via school choice initiatives. Parental rights and the exercise of choice are further complicated and restricted for parents of students with disabilities. Although the right to an education is protected under the Individuals with Disabilities in Education Act (IDEA), parental choice is recast as parental participation in the educational decisions affecting children with disabilities. In …
Searching For Balance With Student Free Speech: Campus Speech Zones, Institutional Authority, And Legislative Prerogatives, Neal H. Hutchens, Frank Fernandez
Searching For Balance With Student Free Speech: Campus Speech Zones, Institutional Authority, And Legislative Prerogatives, Neal H. Hutchens, Frank Fernandez
Belmont Law Review
In the essay, the authors examine the permissibility of student speech zones under the First Amendment. Related to this discussion, the essay also considers recent state legislative efforts to prohibit public colleges and universities from enforcing such campus speech zones. The authors are supportive of legislative measures related to speech zones, but several provisions in proposed state laws and model legislation go beyond this issue and would potentially undercut student free speech rights and unduly interfere with institutional autonomy to manage and respond to issues involving speech and expression on campus. Instead, legislators should exercise restraint when it comes to …
Flying High In The Regulatory State: An Analysis Of State Regulatory Systems For The Distribution Of Medical Cannabis, Andrew Goldstein
Flying High In The Regulatory State: An Analysis Of State Regulatory Systems For The Distribution Of Medical Cannabis, Andrew Goldstein
Belmont Law Review
This Note examines a variety of factors common to existing state regulatory systems to identify the best ways to regulate the distribution of medical cannabis. These factors include: (1) the number and type of qualifying medical conditions, (2) patient access to medical cannabis through personal cultivation and dispensaries, (3) privileged health care professionals and recommendations of medical cannabis to patients, and (4) patient registration requirements and state reciprocity. In analyzing each factor, this Note discusses existing state systems that excel in relation to each factor and existing state systems that perform poorly in relation to each factor. Finally, this Note …
#Iceoffourcampus: The Liability And Responsibility Of Colleges And Universities For The Educational Attainment Of Dreamers, David H.K. Nguyen
#Iceoffourcampus: The Liability And Responsibility Of Colleges And Universities For The Educational Attainment Of Dreamers, David H.K. Nguyen
Belmont Law Review
This law review article will: (1) examine the current state of affairs in educational attainment of undocumented students, (2) examine the federal and state policies that impact higher education access to undocumented students, including, but not limited to, state legislation, state action, institutional policies, and federal executive orders, and (3) provide a history of the sanctuary movement, an examination of various campus sanctuary policies, and an analysis of the legality of this debate. By understanding this policy maze and the lack of federal intervention for comprehensive immigration reform, this background forms the foundation to examine the liability and responsibility of …