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Articles 1 - 6 of 6
Full-Text Articles in Law
Originalism And The Executive, Neil Kinkopf
Originalism And The Executive, Neil Kinkopf
Faculty Publications By Year
No abstract provided.
The Comprehensive Capital Analysis And Review And The New Contingency Of Bank Dividends, Robert Weber
The Comprehensive Capital Analysis And Review And The New Contingency Of Bank Dividends, Robert Weber
Faculty Publications By Year
No abstract provided.
Rules, Standards, Sentencing, And The Nature Of Law, Russell D. Covey
Rules, Standards, Sentencing, And The Nature Of Law, Russell D. Covey
Faculty Publications By Year
Sentencing law and practice in the United States can be characterized as an argument about rules and standards. Whereas in the decades prior to the 1980s when sentencing was largely a discretionary activity governed only by broad sentencing standards, a sentencing reform movement in the 1980s transformed sentencing practice through the advent of sentencing guidelines and mandatory minimum provisions. As a result, sentencing became far less standard-like and far more rule-like. Although reform proponents believed that this "rulification" of sentencing would reduce unwarranted sentencing disparities and enhance justice, it is far from clear that these goals were achieved. Indeed, the …
The Double-Edged Sword Of Health Care Integration: Consolidation And Cost Control, Erin C. Fuse Brown, Jaime S. King
The Double-Edged Sword Of Health Care Integration: Consolidation And Cost Control, Erin C. Fuse Brown, Jaime S. King
Faculty Publications By Year
The average family of four in the United States spends $25,826 per year on health care. American health care costs so much because we both overuse and overpay for health care goods and services. The Affordable Care Act's cost control policies focus on curbing overutilization by encouraging health care providers to integrate to promote efficiency and eliminate waste, but the the cost control policies largely ignore prices. This article examines this overlooked half of health care cost control policy: rising prices and the policy levers held by the states to address them. We challenge the conventional wisdom that reducing overutilization …
Crafting Comment Letters: Teach Policy, Develop Skills, And Shape Pending Regulation, Nicole G. Iannarone, Benjamin P. Edwards
Crafting Comment Letters: Teach Policy, Develop Skills, And Shape Pending Regulation, Nicole G. Iannarone, Benjamin P. Edwards
Faculty Publications By Year
This essay unpacks the regulatory comment letter process and how to incorporate it into the law school curriculum. Participating in live rulemaking offers unique opportunities for students, from mastering the substantive area of law, developing critical thinking skills, and developing their professional identities and expertise. We describe our own experiences in incorporating students into the regulatory rulemaking process. Because of our focus on securities law, our students review and comment on proposed actions by securities regulators — the Financial Industry Regulatory Authority (FINRA) and Securities and Exchange Commission (SEC). After providing an overview of the pedagogical and practical rationale for …
Integrate And Reactivate The 1968 Fair Housing Mandate, Courtney L. Anderson
Integrate And Reactivate The 1968 Fair Housing Mandate, Courtney L. Anderson
Faculty Publications By Year
No abstract provided.