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Articles 811 - 840 of 11872
Full-Text Articles in Law
Compensation At The Crossroads: Autonomous Vehicles & Alternative Victim Compensation Schemes, Tracy Hresko Pearl
Compensation At The Crossroads: Autonomous Vehicles & Alternative Victim Compensation Schemes, Tracy Hresko Pearl
Faculty Articles
Fully autonomous vehicles will become available to consumers within the next five to seven years. Experts predict that these vehicles will be drastically safer than their human-driven counterparts and will save thousands of lives each year in the United States alone. However, crashes will still occur, and when they do, they will raise unique and troubling issues about liability and fault that both negligence and products liability jurisprudence are not yet well-suited to handle. Whether the civil justice system can adjudicate autonomous vehicle crash cases fairly and efficiently, in turn, impacts (a) whether manufacturers can afford to produce these vehicles …
Florida Law, Mobile Research Applications, And The Right To Privacy, Stacey A. Tovino
Florida Law, Mobile Research Applications, And The Right To Privacy, Stacey A. Tovino
Faculty Articles
This Article investigates whether state law contains comprehensive privacy, security, and breach notification standards that could apply to independent scientists who conduct mobile app mediated health research. Focusing only on Florida law, this Article assesses potentially relevant and applicable sources of privacy, security, and breach notification standards for health data of the type obtained during mobile app mediated health research studies. This Article concludes that, with one exception, Florida law tends to fall into one of two categories: (1) the law contains at least one data privacy, security, or breach notification standard, but the standard is limited in application to …
Fraud, Abuse, And Opioids, Stacey A. Tovino
Fraud, Abuse, And Opioids, Stacey A. Tovino
Faculty Articles
This Article analyzes recent government enforcement actions involving two health care fraud and abuse authorities, including the federal Anti- Kickback Statute and the federal civil False Claims Act, in cases involving opioids. Part II of this Article examines recent government enforcement actions involving the federal Anti-Kickback Statute, which prohibits (among other conduct) the exchange of remuneration for opioid prescriptions, patient referrals for drug testing services, and patient referrals for addiction treatment services if such prescriptions or services are reimbursed in whole or in part by a federal health care program. Part III of this Article examines recent government enforcement actions …
State Benchmark Plan Coverage Of Opioid Use Disorder Treatments And Services: Trends And Limitations, Stacey A. Tovino
State Benchmark Plan Coverage Of Opioid Use Disorder Treatments And Services: Trends And Limitations, Stacey A. Tovino
Faculty Articles
Professor Tovino offers a survey of state benchmark plan coverage of opioid use disorder treatments and services, and identifies trends and limitations relevant thereto. Part II of the article provides background information regarding opioid use disorder and the treatments and services available for individuals with this disorder. Part III reviews federal mental health parity law and federal mandatory mental health and substance use disorder law as applied to insurance coverage of treatments and services for opioid use disorder, with a focus on the Affordable Care Act's (ACA's) state benchmark health plan selection requirement and the effect on that requirement of …
Unintentional Irony In Landmark Decisions Of The Delaware Supreme Court Regarding Corporate Law, Steven Cleveland
Unintentional Irony In Landmark Decisions Of The Delaware Supreme Court Regarding Corporate Law, Steven Cleveland
Faculty Articles
No abstract provided.
Artificial Intelligence And Role-Reversible Judgment, Kiel Brennan-Marquez, Stephen E. Henderson
Artificial Intelligence And Role-Reversible Judgment, Kiel Brennan-Marquez, Stephen E. Henderson
Faculty Articles
As intelligent machines begin more generally outperforming human experts, why should humans remain ‘in the loop’ of decision-making? One common answer focuses on outcomes: relying on intuition and experience, humans are capable of identifying interpretive errors—sometimes disastrous errors—that elude machines. Though plausible today, this argument will wear thin as technology evolves. Here, we seek out sturdier ground: a defense of human judgment that focuses on the normative integrity of decision-making. Specifically, we propose an account of democratic equality as ‘role-reversibility.’ In a democracy, those tasked with making decisions should be susceptible, reciprocally, to the impact of decisions; there ought to …
Between Scylla And Charybdis: Managing Information Overload, Darla Jackson, Amy Krieg
Between Scylla And Charybdis: Managing Information Overload, Darla Jackson, Amy Krieg
Other Faculty Publications
No abstract provided.
Decision And Persuasion: Re-Conceiving The Role Of The Planner Where Undue Influence Is Suspected, James Milton, Katheleen Guzman
Decision And Persuasion: Re-Conceiving The Role Of The Planner Where Undue Influence Is Suspected, James Milton, Katheleen Guzman
Faculty Articles
No abstract provided.
Pereira V. Sessions: A Jurisdictional Surprise For Immigration Courts, Kit Johnson
Pereira V. Sessions: A Jurisdictional Surprise For Immigration Courts, Kit Johnson
Faculty Articles
On June 21, 2, the U.S. Supreme Court issued a bombshell opinion regarding immigration court procedure: Pereira v. Sessions. On its face, the case is a boon for certain noncitizens seeking relief from deportation. Yet, as this Essay explains, Pereira’s implications are far greater. Although the Court’s opinion never mentions jurisdiction, Pereira necessarily means that immigration courts lack subject-matter jurisdiction over virtually every case filed in the last three years, plus an unknown number of earlier-filed cases. This situation arises from the chronic failure of the Department of Homeland Security (DHS) to comply with the law in commencing deportation proceedings. …
Constitutional Confessions: In Favor Of A "Loewy Plus' Approach, Tracy Hresko Pearl
Constitutional Confessions: In Favor Of A "Loewy Plus' Approach, Tracy Hresko Pearl
Faculty Articles
Professor Arnold Loewy famously argues that, given the failings of Fifth Amendment jurisprudence, the Sixth Amendment right to counsel should attach at interrogation rather than at the onset of adversarial proceedings. His proposal is wise and should be adopted. However, given the failure of the Court's ruling in Miranda v. Arizona to reduce psychological coercion during custodial interrogations, several additional reforms are needed. Namely, it should be significantly more difficult for suspects to waive their right to counsel during interrogation, all custodial interrogations should be recorded, and particularly coercive interrogation techniques – like lying about evidence – should be banned.
Interpreting Organizational "Contracts" And The Private Ordering Of Public Company Governance, Megan Wischmeier Shaner
Interpreting Organizational "Contracts" And The Private Ordering Of Public Company Governance, Megan Wischmeier Shaner
Faculty Articles
Corporate law is undergoing an explosion of governance by private ordering. With increasing frequency and creativity, the charter and bylaws of public corporations are being used as tools for restructuring key aspects of corporate governance. The current focus of parties, courts, and scholars has been on the facial validity of these efforts. In light of courts’ willingness to uphold corporate governance contracting, legal battles will morph from validity challenges to interpretation disputes. Yet interpretation principles are a topic to which corporate scholars have devoted limited attention. With interpretation poised to take on an influential role in shaping corporate law and …
Tort Law And Health Law: Intersections And Opportunities, Stacey A. Tovino
Tort Law And Health Law: Intersections And Opportunities, Stacey A. Tovino
Other Faculty Publications
No abstract provided.
California Indian Tribes And The Marine Life Protection Act: The Seeds Of A Partnership To Preserve Natural Resources, Curtis G. Berkey, Scott W. Williams
California Indian Tribes And The Marine Life Protection Act: The Seeds Of A Partnership To Preserve Natural Resources, Curtis G. Berkey, Scott W. Williams
American Indian Law Review
No abstract provided.
Keeping Cultural Bias Out Of The Courtroom: How Icwa “Qualified Expert Witnesses” Make A Difference, Elizabeth Low
Keeping Cultural Bias Out Of The Courtroom: How Icwa “Qualified Expert Witnesses” Make A Difference, Elizabeth Low
American Indian Law Review
No abstract provided.
Being Uighur . . . With “Chinese Characteristics”: Analyzing China’S Legal Crusade Against Uighur Identity, Brennan Davis
Being Uighur . . . With “Chinese Characteristics”: Analyzing China’S Legal Crusade Against Uighur Identity, Brennan Davis
American Indian Law Review
No abstract provided.
United States V. Bryant: The Results Of Upholding Women’S Rights And Tribal Sovereignty, Madalynn Martin
United States V. Bryant: The Results Of Upholding Women’S Rights And Tribal Sovereignty, Madalynn Martin
American Indian Law Review
No abstract provided.
Poetry In Motion: The Federal Rules Of Evidence And Forward Progress As An Imperative, Daniel J. Capra, Liesa L. Richter
Poetry In Motion: The Federal Rules Of Evidence And Forward Progress As An Imperative, Daniel J. Capra, Liesa L. Richter
Faculty Articles
This Article dives into the long-standing debate about the propriety of altering the time-honored Federal Rules of Evidence. Noted authorities, such as the late Chief Justice Rehnquist, have eschewed any modification to the Rules, claiming that they must remain essentially fixed in their original form to maximize their utility to trial advocates and to avoid wasteful dislocation costs that accompany updates. Unlike the many scholarly works examining the merits and demerits of particular evidence rules, this Article shines a light on the lesser examined process of amending the Federal Rules of Evidence, revealing a taxonomy of evidentiary circumstances or trigger …
A Timely Right To Privacy, Stacey A. Tovino
A Timely Right To Privacy, Stacey A. Tovino
Faculty Articles
On December 28, 2017, the federal Department of Health and Human Services ("HHS") settled its fiftieth case involving potential violations of the privacy, security, and breach notification rules ("Rules") that implement the Health Insurance Portability and Accountability Act ("HIPAA") and the Health Information Technology for Economic and Clinical Health Act ("HITECH"). This Article catalogues and examines currently available enforcement actions involving the HIPAA and HITECH Rules, including the cases in which HHS has entered into a settlement agreement with a HIPAA covered entity or business associate, the cases in which HHS has imposed a civil money penalty on a HPAA …
Retrenchment, Temporary-Effect Legislation, And The Home Mortgage Interest Deduction, Victoria J. Haneman
Retrenchment, Temporary-Effect Legislation, And The Home Mortgage Interest Deduction, Victoria J. Haneman
Oklahoma Law Review
No abstract provided.
“The Internet Of Buildings”: Insurance Of Cyber Risks For Commercial Real Estate, Thomas D. Hunt
“The Internet Of Buildings”: Insurance Of Cyber Risks For Commercial Real Estate, Thomas D. Hunt
Oklahoma Law Review
No abstract provided.
Let My Arm Be Broken Off At The Elbow, Chad J. Pomeroy
Let My Arm Be Broken Off At The Elbow, Chad J. Pomeroy
Oklahoma Law Review
No abstract provided.
How To Raise Money: State Question 640, Revenue Bills, And The Oklahoma Supreme Court, Paul Anthony Tortorici
How To Raise Money: State Question 640, Revenue Bills, And The Oklahoma Supreme Court, Paul Anthony Tortorici
Oklahoma Law Review
No abstract provided.
Subdued Process: Onyx Properties Llc V. Board Of County Commissioners Of Elbert County And The Removal Of “Property” From The Due Process Clause, Alan Fonseca
Oklahoma Law Review
No abstract provided.
Schnedler V. Lee: Some (Re)Assembly Required, Victoria Johnson
Schnedler V. Lee: Some (Re)Assembly Required, Victoria Johnson
Oklahoma Law Review
No abstract provided.
Bandimere V. Sec: Significant Authority Exists Without Finality, Abbey Zuech
Bandimere V. Sec: Significant Authority Exists Without Finality, Abbey Zuech
Oklahoma Law Review
No abstract provided.
Inefficient Litigation Over Forum: The Unintended Consequence Of The Jvca’S “Bad Faith” Exception To The Bar On Removal Of Diversity Cases After One Year, E. Farish Percy
Inefficient Litigation Over Forum: The Unintended Consequence Of The Jvca’S “Bad Faith” Exception To The Bar On Removal Of Diversity Cases After One Year, E. Farish Percy
Oklahoma Law Review
No abstract provided.
The Disappointing History Of Science In The Courtroom: Frye, Daubert, And The Ongoing Crisis Of “Junk Science” In Criminal Trials, Jim Hilbert
Oklahoma Law Review
No abstract provided.
Dispute Resolution Neutrals’ Ethical Obligation To Support Measured Transparency, Nancy A. Welsh
Dispute Resolution Neutrals’ Ethical Obligation To Support Measured Transparency, Nancy A. Welsh
Oklahoma Law Review
No abstract provided.
Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel
Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel
Oklahoma Law Review
No abstract provided.
The Duty Dilemma: When The Duty To Mitigate Damages And The Duty To Preserve Evidence Collide, Collen L. Steffen
The Duty Dilemma: When The Duty To Mitigate Damages And The Duty To Preserve Evidence Collide, Collen L. Steffen
Oklahoma Law Review
No abstract provided.