Law Commons^™

Professional Responsibility Pitfalls: Often But Not Always Apparent, Jeffrey W. Stempel

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No abstract provided.

Tribute To Spenser F. Powell, John Sobieski

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No abstract provided.

The Treatment Of Corporations And Partnerships Under The Tcja, Don Leatherman

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No abstract provided.

The Unsung Latino Entrepreneurs Of Appalachia, Eric Franklin Amarante

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The story of Latinos in Appalachia, when told, is dominated by the plight of migrant workers drawn to meat processing factories or agricultural work, with very little attention paid to Latino. entrepreneurship in Appalachia. However, the first generation of migrant workers inspired a surprising collateral entrepreneurial effect: a raft of small businesses owned by (and focused on) the new Latino population surged into small town Appalachia. These businesses, which include restaurants, tiendas, pastelerias, and tortillerias, not only serve the growing Latino population, but also have a tremendously positive effect on local and state economies. These businesses hire employees, rent previously …

Silencing Discipline In Legal Education, Lucille A. Jewel

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In current times, the production of critical legal knowledge has become constrained by a neoliberal education mindset that emphasizes economic performance and measured outcomes over critical thought. In this essay, I argue that academic freedom, in the sense of being free to speak, write, and teach critical knowledge, both in the intellectual sense and in the law practice sense, is being eroded. And, I urge my critically minded colleagues that are traditional law scholars (tenure-track or tenured) to consider the circumstances of law teachers who currently do not have the protections of tenure but who generate valuable knowledge, particularly in …

Managing Medicaid, Isaac ("Zack") D. Buck

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In a steady but rapid march, managed care has come to Medicaid. Privatization has undoubtedly rebuilt the Medicaid landscape across America over the last three decades. Now, as managed care programs administer health care to three-in-four Medicaid beneficiaries nationwide, whether or not managed care is adequately managing America’s largest public insurance program has become an increasingly important question.

Of particular note have been states’ difficulties in constructing and organizing the bidding and selection processes of the private companies tasked with overseeing the administration of private Medicaid plans. Legal challenges to various states’ bid procurement processes have been well documented. These …

Crafting Relatable Tales: Teaching Students The Importance Of Multidisciplinary Legal Research Using A Story Arc Structure, Paul Mclaughlin

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No abstract provided.

Three Pioneers: New Ideas For Private Law Practice, Benjamin H. Barton

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No abstract provided.

What We Talk About When We Talk About Shareholder Wealth Maximization, Eric Franklin Amarante

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Professor Stefan Padfield’s The Role of Corporate Personality Theory in Opting Out of Shareholder Wealth Maximization proposes a novel approach to the ongoing shareholder wealth maximization debate. Specifically, Padfield posits that an exploration of corporate personality theory might provide some clarity on the ability of for-profit corporations to privately order around the shareholder wealth maximization norm. Ultimately, Padfield argues that certain corporate personality theories support private ordering around the shareholder wealth maximization norm while others do not. Because of the varying levels of support, Padfield argues that a participant in the shareholder wealth maximization debate would be wise to incorporate …

The Affordable Care Act And The Chronic Challenge Of Cost Control, Isaac ("Zack") D. Buck

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The embattled Patient Protection and Affordable Care Act of 2010 (ACA) has endured years of existential threats. From the Supreme Court’s piercing NFIB v. Sebelius decision in 2012, to blocked funding from an unfriendly Congress, to the administrative changes from the Trump administration, and finally through a summer of repeal and replace proposals, the ACA has been politically battered and fundamentally reshaped. These changes have hindered its cost control efforts, and, consequently, policy-based inroads initially mandated by the ACA—most notably, attempts at both shrinking cost-shifting and growing the leverage of payers in the system—have been blunted and neutralized. Most notably, …

Gendered Lived Experiences In Urban Cape Town: Urban Infrastructure As Equal Opportunity, Social Justice, And Crime Prevention, Becky Jacobs

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The body of 19-year-old Sinoxolo Mafevuka was found in a communal toilet in the Cape Town, South African urban township of Khayelitsha. Sinoxolo had been viciously raped, strangled to death, and her body discarded, with her head under the toilet seat and her genitals displayed openly. Tragically, while Sinoxolo’s murder is a particularly brutal example, using a neighborhood toilet in many informal settlements is an incredibly dangerous activity, and there are estimates that 10.5 million South Africans do not have ready access to toilets. “Women, children and men of all ages are frequently robbed, raped, assaulted and murdered on the …

Splitsylvania: State Secession And What To Do About It, Glenn Harlan Reynolds

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This short piece looks at the growing phenomenon of intra-state secession movements. From California, where plans have been floated to split the state into two, five, or six pieces, to more traditional secessionist movements in Eastern Oregon and Eastern Washington, to plans to separate upstate New York and downstate Illinois from the large metropolitan areas that dominate state politics, various states are facing internal separatist movements. The paper looks at the sources of the dissatisfaction driving these movements, and suggests a number of solutions to address that dissatisfaction without amending the Constitution or adding stars to the flag.

The Future Of Law Practice: Fresh Models Of Lawyering, Technologies And Business, Benjamin H. Barton

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No abstract provided.

The Business Transactional Lawyer As Seals Leader: Reflections On Being In A Good Place With Great People At The Right Time, Joan Macleod Heminway

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No abstract provided.

Professors Of Real Estate Law: Different Types, Different Needs, Gregory M. Stein

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No abstract provided.

Using Problem-Enhanced Library Tours Rather Than Scavenger Hunts To Teach Incoming 1ls About Legal Sources And The Research Process, Paul Mclaughlin

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No abstract provided.

The Biology Of Inequality, Lucille A. Jewel

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We have known for quite some time that disadvantaged individuals suffer from poorer health outcomes and lower life spans than the advantaged. The disadvantaged do not perform as well on educational tests than their wealthier peers. In some situations, racial discrimination intersects with poverty to worsen these outcomes for minorities. With the notion that poverty becomes implanted in an individual’s genes and brain, science helps explain how these disparate lifespans and variations in cognitive outcomes come to be. This Article collectively refers to these scientific theories as embodied inequality. Embodied inequality explains why it is so difficult for individuals to …

Valuing Coworker Bonds In Employment Law, Alex B. Long

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No abstract provided.

Child Marriage As A Constitutional Violation, Teri Dobbins Baxter

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According to a study conducted by the Tahirih Justice Center, more than 200,000 children under age 18 were married between the years 2000 and 2015 in the United States. Although all states have statutory minimum age requirements for marriage, there are exceptions in some states that allow children as young as eleven years old to marry with the consent of parents or courts. While the parental and judicial consent requirements are intended to protect children, sometimes parents are complicit in the exploitation of the child, and judges are often unwilling or unable to determine whether the marriage is in the …

A Farewell To Falsity Shifting Standards In Medicare Fraud Enforcement, Isaac ("Zack") D. Buck

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For the better part of a decade, Americans have had a front-row seat to a fervent and turbulent debate over the future of their health care system. The passage of the Patient Protection and Affordable Care Act of 2010 (ACA), the most comprehensive health reform effort since the mid-1960s, ushered in a new era in health law and policy, granting millions of Americans access to health care. After multiple legal challenges and congressional efforts that ultimately failed to slay the law, the ACA had become entrenched by the end of the Obama administration, even though pieces of the law had …

Are Prices Just?, Gregory M. Stein

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No abstract provided.

Hope [Reviews], Wendy A. Bach

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No abstract provided.

Constitutional Parenthood, Michael J. Higdon

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Despite having recognized the constitutional rights of parents almost a hundred years ago, the Supreme Court has not weighed in on the subject of who qualifies as a “parent” under the Fourteenth Amendment in thirty years. In light of the Court’s silence, the states have been forced to individually grapple with the issue of constitutional parenthood — a task made exponentially more difficult by the fact that the last thirty years have ushered in an avalanche of change when it comes to the American family. With such societal changes as advances in assisted reproduction, the legalization of same-sex marriage, and …

If Animals Are Like Our Children Let Us Treat Them Alike: Creating Tests Of An Animal's Intelligence For Determinations Of Legal Personhood, Paul Mclaughlin

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No abstract provided.

Corporate Responsibility: The Duty To Rescue And Access To Medicine, Isaac ("Zack") D. Buck

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No abstract provided.

Preeminent Work On Health Reform And Preemption, Isaac ("Zack") D. Buck

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No abstract provided.

Tipper/Tippee Insider Trading As Unlawful Deceptive Conduct: Insider Gifts Of Material Nonpublic Information To Strangers, Joan Macleod Heminway

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What would the world look like if a public company officer or director, recognizing the value inherent in material nonpublic firm information and intending to benefit people of limited means, gave this valuable information to those less fortunate without the knowledge or consent of the firm and without any expectation of benefit in return? How, if at all, do we desire to regulate that behavior? The officer or director apparently would be in breach of his or her fiduciary duty absent a valid, binding, and enforceable agreement to the contrary. Does that conduct also, however, violate U.S. federal insider trading …

The Value Of Document "Treasure Hunts" In Teaching Transactional Law And Skills, Joan Macleod Heminway

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No abstract provided.

The Not-So-Stealthy Revolution In Personal Jurisdiction: A Response To Michael Hoffheimer, Judy Cornett

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With elegant style and in devastating detail, Professor Michael Hoffheimer has analyzed the slow death spiral of personal jurisdiction under the Roberts Court. He accurately identifies one source of the frustration scholars and lower courts have felt in trying to make sense of the Roberts Court’s personal jurisdiction jurisprudence: the Court purports to be applying settled law while simultaneously unsettling well-established principles. Professor Hoffheimer perspicaciously describes how this sleight of hand both leads to and masks the Court’s failure “to offer a clear rule of decision,” its failure “to explain the policies that motivate its changing approach to personal jurisdiction,” …

Leveraging Regional Human Rights Mechanisms Against Universal Human Rights: The Oic Independent Permanent Human Rights Commission Study On Sexual Orientation, Robert C. Blitt

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This article critically assesses a recent study on sexual orientation and gender identity (SOGI) prepared by the Organization for Islamic Cooperation’s (OIC) Independent Permanent Human Rights Commission (IPHRC). The first two parts review the establishment of the IPHRC and the norms governing regional human rights mechanisms (RHRMs). Following this, the article demonstrates that the methodology and conclusions evidenced in the IPHRC’s SOGI study diametrically oppose substantive international human rights law, and furthermore undermine the intended purpose of RHRMs within the human rights system. The article concludes by recommending that human rights advocates and others clearly and publicly call out these …