Law Commons^™

The Meaning Of "Medicare-For-All", Isaac ("Zack") D. Buck

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Medicare-for-All proposals are heralded for the guarantee of additional coverage they provide, moving health insurance in the United States from nearly universal to completely universal. Indeed, if Medicare is known for something, it is the guarantee of access to health insurance it provides. Since its inception, the Medicare program has provided universal coverage to Americans aged 65 and older—a population that is both expensive to cover and often most in need of high-quality health care. But Medicare is more than that. While Medicare has become the program that guarantees coverage to an entire subset of American citizens, it has also …

Gut Renovations: Using Critical And Comparative Rhetoric To Remodel How The Law Addresses Privilege And Power, Lucille Jewel

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No abstract provided.

Tired Of Looking Gray And Boring Online? A Simple 3-Camera Tv Studio/Classroom For Lively Online Teaching, Glenn Harlan Reynolds

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Tired of the dreary webcam-look in my online classroom, I created a fairly simple and reasonably inexpensive three-camera studio using real video cameras for online teaching. This paper outlines how it was done, and provides suggestions for simpler, cheaper alternatives that are still far superior to traditional webcam approaches.

(In)Formal Marriage Equality, Michael J. Higdon

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In 2015, same-sex couples throughout the United States obtained formal marriage equality. But is the prospective ability to obtain marriage licenses sufficient to achieve Obergefell’s promise of equality? What about individuals whose same-sex relationship did not survive — either through death or dissolution — to see marriage equality become the law of the land? Or those who did ultimately wed but now have a marriage that appears to be artificially short when considering just how long the couple has actually been together in a marriage-like relationship? With marriage benefits conditioned not only on the fact of marriage but also the …

Organizational Justice And Antidiscrimination, Brad Areheart

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Despite eighty years of governmental interventions, the legal system has proven ill-equipped to address workplace discrimination. Potential plaintiffs are reluctant to file discrimination claims for a host of social and economic reasons, and the relatively few who do file face steep structural barriers. This Article argues that the most promising way to curb workplace discrimination is not through amending statutes or trying to change the behavior of individual bad actors; instead, we must modify the workplace itself. Specifically, this Article argues that Organizational Justice — a theory empirically grounded in behavioral science — provides novel guidance for how to proactively …

Commentary To Dean Fershee, Judy Cornett

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No abstract provided.

Self-Dealing Rules In The Law Of Private Express Trusts: A Suggestion For Implementation Of Professor Edward's Suggestion, Amy Morris Hess

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No abstract provided.

Externalities Are Not Illusory, Gregory M. Stein

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No abstract provided.

Commentary To Professor Murray's Presentation, Eric Franklin Amarante

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No abstract provided.

Commentary To Professor Moll's Presentation, George Kuney

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No abstract provided.

What Is A Merger Anyway?, Don Leatherman, Joan Macleod Heminway, Thomas E. Plank

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Three law professors from different practice and academic backgrounds meet at the water cooler in the faculty wing of a law school in or about 2010. They get engaged in a conversation about mergers and acquisitions that covers much ground--from what a merger actually is (from the perspective of their distinctive areas of legal experience and expertise--business associations, federal income tax, and property law) to factors each believe to be important in choosing a transactional structure for a business combination. This edited panel discussion from the 2019 Business Law Prof Blog symposium, held at The University of Tennessee College of …

Commentary To Professor Baker's Presentation, Gary Pulsinelli

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No abstract provided.

What Is A Merger Anyway?, Thomas E. Plank

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No abstract provided.

Criminalizing Immigrant Entrepreneurs (And Their Lawyers), Eric Franklin Amarante

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To escape the harsh conditions of work in agriculture or food processing plants, many undocumented immigrants turn to entrepreneurship for safer working conditions and better economic prospects. Transactional lawyers often help these entrepreneurs form limited liability companies or worker cooperatives. Unfortunately, this simple act might expose these lawyers to criminal liability. The Immigration Reform and Control Act of 1986 (IRCA) prohibits anyone from encouraging an undocumented person to reside in the United States. This prohibition has been construed to include everything from employing undocumented housekeepers to procuring falsified documents for citizenship applications, and some courts have even suggested that the …

The Effective Competition Standard: A New Standard For Antitrust, Maurice Stucke

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No abstract provided.

The Drug (Pricing) Wars: States, Preemption, And Unsustainable Prices, Isaac ("Zack") D. Buck

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It is no secret: the prices of prescription drugs in the United States are unsustainable. A piercing example of the limits of America’s incomplete and disordered health care non-system, the crisis has only worsened in recent years. And not only do drug prices exact a toll on America’s consumers, they impact Americans’ access to life-enhancing (and sometimes life-saving) drugs. They constitute a real and present threat to the quality of health care in the United States in 2020.

Recognizing this harm, states are increasingly operating in this space, seeking diverse regulatory solutions to better protect their citizens — from gouging …

Affording Obamacare, Isaac ("Zack") D. Buck

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As it approaches its tenth birthday, the Patient Protection and Affordable Care Act (ACA) is devolving. Intended to solve problems that had vexed American health care for generations, the ACA built a comprehensive structure by providing more Americans with accessible health insurance, reordering the private insurance market, expanding and reconfiguring Medicaid, and installing rational incentives into America’s health care enterprise. Without question, it was the most important piece of health care legislation since the mid-1960s, and it brought about positive change for millions of Americans.

However, over its short lifespan, the ACA has faced persistent practical, popular, and policy-based challenges. …

Private Debt And Public Violence [Reviews], Wendy A. Bach

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No abstract provided.

Sustainable And Unchallenged Algorithmic Tacit Collusion, Maurice Stucke

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No abstract provided.

Dying For Equal Protection, Teri Dobbins Baxter

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When health policy experts noticed that health outcomes for African Americans were consistently worse than those of their White counterparts, many in the health care community assumed that the poor outcomes could be blamed on poverty and lifestyle choices. Subsequent research told a different story. Studies repeatedly showed that neither money, nor marriage, nor educational achievement protect African American men, women, or children from poor health. Instead, the disparities were more likely explained by racism. Specifically, multiple studies have shown that experiencing racism has been linked to increased infant and maternal mortality rates, elevated stress levels, and an increased risk …

Brief Of Amici Curiae Legal Scholars In Support Of Equality In Support Of Respondents, Fulton V. City Of Philadelphia, Michael J. Higdon

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No abstract provided.

Rethinking Libel For The Twenty-First Century, Glenn Harlan Reynolds

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Today, many institutional arrangements reached in the mid-twentieth century are being rethought and renegotiated. One such arrangement involves libel, and the responsibility of publishers for harm they cause via defamation. In his recent concurrence to the denial of certiorari in the case of McKee v. Cosby, Justice Clarence Thomas called for the Supreme Court to revisit the constitutional protections for publishers of libelous material, arguing that the existing arrangement, dating to New York Times Co. v.Sullivan and its progeny, is out of date and unsupported by the Constitution. As even some left-leaning scholars note, he may have a point, and …

Copyright And Dissent, Tomer S. Stein

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This Essay brings to the fore the hitherto unnoticed feature of copyright: Copyright incentivizes dissent and protects marginalized authors. Absent copyright protection that allows authors to recoup their risks and costs, producers of unpopular works that deviate from the mainstream would have no incentives to pursue their socially valuable endeavors, unlike authors who reap reputational gains from catering to popular opinion. This insight has the potential for changing the terms, as well as the conclusions, of the ongoing debate over the desirability of copyright protections. Specifically, I demonstrate that the dissent-protecting rationale both coherently explains and aligns with all justificatory …

What Ails Rural Health Care?, Isaac ("Zack") D. Buck

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No abstract provided.

The United States International Religious Freedom Act, Nonstate Actors, And The Donbas Crisis, Robert C. Blitt

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This chapter explores whether recent changes to the International Religious Freedom Act (IRFA) furnish the U.S. government with effective tools for engaging with and taking potential action against nonstate actors, such as the self-proclaimed Donetsk People’s Republic (DPR) and the Luhansk People’s Republic (LPR), operating in the context of the Donbas crisis. Among the major amendments to IRFA introduced at the end of 2016, the statute now provides the U.S. government with the formal obligation to report on violent nonstate actors (NSAs) found to be violating freedom of religion or belief. In addition, the executive branch may designate those NSAs …

Parens Patriae And The Disinherited Child, Michael J. Higdon

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Most countries have safeguards in place to protect children from disinheritance. The United States is not one of them. Since its founding, America has clung tightly to the ideal of testamentary freedom, refusing to erect any barriers to a testator’s ability to disinherit his or her children—regardless of the child’s age or financial needs. Over the years, however, disinheritance has become more common given the evolving American family, specifically the increased incidences of divorce, remarriage, and cohabitation. Critics of the American approach have offered up solutions largely based on the two models currently employed by other countries: 1) the forced …

Women Should Not Need To Watch Their Husbands Like [A] Hawk: Misappropriation Insider Trading In Spousal Relationships, Joan Macleod Heminway

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This article endeavors to sort through and begin to resolve key unanswered questions regarding spousal misappropriation as a basis for U.S. insider trading liability, some of which apply to insider trading more broadly. It identifies and describes misappropriation insider trading liability under U.S. law, recounts and analyzes probative doctrine and policy relevant to spousal misappropriation cases, and (before briefly concluding) offers related observations about the impact of that doctrine and policy on a specific motivating Securities and Exchange Commission ("SEC") enforcement action and other spousal misappropriation cases.

The analysis undertaken in the article supports enforcement actions based on a strong …

The Impact Of Ban-The-Box Measures, Alex B. Long

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No abstract provided.

Of Wigs, Wickets, And Moonshine: Leadership Development Lessons From An International Collaboration, Douglas A. Blaze

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No abstract provided.

Digitalisation And Its Impact On Innovation, Maurice E. Stucke, Ariel Ezrachi

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Innovation is generally seen as good. Promoting innovation especially in the digital economy is often deemed vital. Increasing the level of innovation, after all, can promote sustainable development, economic growth, prosperity, and citizens’ overall welfare. So how can policy makers spur innovation in the digital economy? While there is no simple recipe, this study explores the interplay between innovation and the digital economy from the following seven angles: 1. Theoretical economic literature; 2. Macro view of current innovation levels; 3. Emerging trends in the digital economy; 4. Implications of sub-optimal innovation levels; 5. Variables that affect the supply of innovation; …