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Full-Text Articles in Law
40 More Writing Hacks For Appellate Attorneys, Brian C. Potts
40 More Writing Hacks For Appellate Attorneys, Brian C. Potts
Faculty Articles
Script for Trailer: “40 More Writing Hacks for Appellate Attorneys”
Fade in on aerial view of Washington, D.C.
Zoom in on Supreme Court Building. Chopper sounds. Enter helicopter fleet flying by.
Cut to Chief Justice John G. Roberts, Jr., sitting at his desk, reading. He rubs his forehead. Tired. Anxious. Distraught.
Chief: “What a mess! This brief could have been 10 pages shorter!”
Phone rings. Chief answers on speaker.
Law clerk’s voice through phone: “Chief, turn to Appellee’s brief. You’ve got to see this!”
Chief picks up different brief. Flips it open. Zoom in on face. Eyes widen. Jaw drops. …
Why Equity Follows The Law, Adam J. Macleod
Why Equity Follows The Law, Adam J. Macleod
Faculty Articles
Renewed attention to equity in higher education is welcome because true equity helps us to reason together well. When administered correctly, the jurisprudence of equity models civil discourse and, therefore, can teach us how to carry out civic engagement reasonably. Equitable interpretation of the law teaches us how to understand each other charitably. And equity’s deference to law teaches us how to reason well together about our practical problems. Law is the practical reasoning that we do together. Equity serves the ends of justice by serving law, rather than undermining it. These functions of equity in adjudication point toward a …
Wage Recovery Funds, Elizabeth Ford
Wage Recovery Funds, Elizabeth Ford
Faculty Articles
Wage theft is rampant in the US. It occurs so frequently because employers have much more power than workers. Worse, our main tool for preventing and remedying wage theft – charging government agencies with enforcing the law -- has largely failed to mitigate this power differential. Enforcement agencies, overburdened by the magnitude of the wage theft crisis, often settle cases for nothing more than wages owed. The agency, acting as broker for the payment of the wages owed, voluntarily foregoes both interest and statutory penalties. This is a bad deal for workers, but not just because they do not get …
Disclosing Deviations: Using Guidelines To Nudge And Empower Physician-Patient Decision Making, Melissa Ballengee Alexander
Disclosing Deviations: Using Guidelines To Nudge And Empower Physician-Patient Decision Making, Melissa Ballengee Alexander
Faculty Articles
Americans fail to receive recommended care roughly half the time, reflecting poor decision making that threatens their health. This Article offers an innovative solution: require physicians to disclose clinical practice guideline recommendations to patients during informed consent. Behavioral economics suggest that insisting physicians and patients discuss guidelines, before deviating from them, could be surprisingly effective at nudging more rational care choices. At the same time, such disclosure should also educate and empower patients, serving autonomy.
Previous scholarship on unwarranted variances in care has focused primarily on malpractice reforms, largely ignoring the role of cognitive bias and the importance of patients …
Autonomy And Accountability: Why Informed Consent, Consumer Protection, And Defunding May Beat Conversion Therapy Bans, Melissa Ballengee Alexander
Autonomy And Accountability: Why Informed Consent, Consumer Protection, And Defunding May Beat Conversion Therapy Bans, Melissa Ballengee Alexander
Faculty Articles
No abstract provided.
Denying The Dyad: How Criminalizing Pregnant Use Harms The Baby, Taxpayers And Vulnerable Women, Melissa Ballengee Alexander
Denying The Dyad: How Criminalizing Pregnant Use Harms The Baby, Taxpayers And Vulnerable Women, Melissa Ballengee Alexander
Faculty Articles
No abstract provided.
What Is The Matter With Antigone?, Emily A. Hartigan
What Is The Matter With Antigone?, Emily A. Hartigan
Faculty Articles
No abstract provided.
The New Thought Police: Inside The Left’S Assault On Free Speech And Free Minds (Book Review), John W. Teeter Jr
The New Thought Police: Inside The Left’S Assault On Free Speech And Free Minds (Book Review), John W. Teeter Jr
Faculty Articles
Attacks on political correctness have grown both plentiful and rather tiresome. Such tomes occasionally score valid ideological points, but one grows weary of the bitter repetitiveness of it all. The New Thought Police might seem to offer a little novelty to the litany. Bruce is undeniably bright, impassioned, and edgy. Her book, however, is decidedly a mixed bag. The best parts center on her controversial role as a feminist spokeswoman during the O.J. Simpson murder trial. Bruce cogently emphasized that the case was a tragic paradigm of domestic violence rather than a racist conspiracy against a black cultural icon.
Bruce’s …