Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (20)
- Law and Economics (14)
- Administrative Law (12)
- Legislation (11)
- Torts (8)
-
- Insurance Law (7)
- Science and Technology Law (7)
- Environmental Law (6)
- Food and Drug Law (6)
- Law and Society (6)
- Litigation (6)
- Courts (5)
- Legal Remedies (5)
- Business Organizations Law (4)
- Dispute Resolution and Arbitration (4)
- Intellectual Property Law (4)
- International Law (4)
- Legal Education (4)
- Legal Ethics and Professional Responsibility (4)
- Legal Profession (4)
- Medicine and Health Sciences (4)
- Oil, Gas, and Mineral Law (4)
- Public Law and Legal Theory (4)
- Social and Behavioral Sciences (4)
- Civil Law (3)
- Civil Rights and Discrimination (3)
- Energy and Utilities Law (3)
- Jurisprudence (3)
- Marketing Law (3)
- Institution
-
- University of Michigan Law School (39)
- University of South Carolina (8)
- University of Maryland Francis King Carey School of Law (6)
- Pepperdine University (4)
- University of Massachusetts School of Law (4)
-
- Seattle University School of Law (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of New Hampshire (3)
- Florida State University College of Law (2)
- Fordham Law School (2)
- Georgia State University College of Law (2)
- Northern Illinois University (2)
- Saint Louis University School of Law (2)
- Schulich School of Law, Dalhousie University (2)
- St. Mary's University (2)
- West Virginia University (2)
- American University Washington College of Law (1)
- Case Western Reserve University School of Law (1)
- Illinois Wesleyan University (1)
- Louisiana State University Law Center (1)
- New York Law School (1)
- Santa Clara Law (1)
- St. John's University School of Law (1)
- University of Colorado Law School (1)
- University of Denver (1)
- University of Georgia School of Law (1)
- University of Miami Law School (1)
- University of Missouri School of Law (1)
- University of Montana (1)
- University of Nevada, Las Vegas (1)
- Publication Year
- Publication
-
- Michigan Law Review (21)
- South Carolina Law Review (8)
- Michigan Telecommunications & Technology Law Review (6)
- Journal of Health Care Law and Policy (5)
- University of Michigan Journal of Law Reform (5)
-
- Michigan Journal of Environmental & Administrative Law (4)
- University of Massachusetts Law Review (4)
- Pepperdine Law Review (3)
- Seattle University Law Review (3)
- Touro Law Review (3)
- Dalhousie Law Journal (2)
- Florida State University Law Review (2)
- Georgia State University Law Review (2)
- Michigan Journal of International Law (2)
- Northern Illinois University Law Review (2)
- RISK: Health, Safety & Environment (1990-2002) (2)
- St. Mary's Law Journal (2)
- West Virginia Law Review (2)
- American University Law Review (1)
- Case Western Reserve Law Review (1)
- Fordham Law Review (1)
- Fordham Urban Law Journal (1)
- Georgia Journal of International & Comparative Law (1)
- Journal of Civil Rights and Economic Development (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Louisiana Law Review (1)
- Maryland Law Review (1)
- Missouri Law Review (1)
- NYLS Law Review (1)
- Public Land & Resources Law Review (1)
Articles 1 - 30 of 102
Full-Text Articles in Law
Discovery As Regulation, Diego A. Zambrano
Discovery As Regulation, Diego A. Zambrano
Michigan Law Review
This article develops an approach to discovery that is grounded in regulatory theory and administrative subpoena power. The conventional judicial and scholarly view about discovery is that it promotes fair and accurate outcomes and nudges the parties toward settlement. While commonly held, however, this belief is increasingly outdated and suffers from limitations. Among them, it has generated endless controversy about the problem of discovery costs. Indeed, a growing chorus of scholars and courts has offered an avalanche of reforms, from cost shifting and bespoke discovery contracts to outright elimination. Recently, Judge Thomas Hardiman quipped that if he had absolute power, …
Preview—Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer
Preview—Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer
Public Land & Resources Law Review
The Ninth Circuit Court of Appeals originally scheduled oral arguments in this matter for Tuesday, March 31, 2020, at 9:00 a.m. in the William K. Nakamura Courthouse in Seattle, Washington. Due to the COVID-19 pandemic, the Ninth Circuit has postponed oral arguments in this matter. While still subject to change due to the pandemic, the court has rescheduled oral arguments for April 27, 2020, at 9:00 a.m. in Courtroom 2 of the William K. Nakamura Courthouse in Seattle, Washington. Shannon Wells Stevenson will likely appear on behalf of the Appellant. Gregory Evans will likely appear on behalf of the Appellee.
Economic Analysis Of Jewish Law, Keith Sharfman
Economic Analysis Of Jewish Law, Keith Sharfman
Touro Law Review
No abstract provided.
An Interrupted Life: Experiences Of Incarcerated Women, Kris Miccio
An Interrupted Life: Experiences Of Incarcerated Women, Kris Miccio
University of Denver Criminal Law Review
No abstract provided.
General Data Protection Regulation (Gdpr): Prioritizing Resources, Jennifer Dumas
General Data Protection Regulation (Gdpr): Prioritizing Resources, Jennifer Dumas
Seattle University Law Review
This Article will discuss and analyze the years of preparation for the GDPR and provide recommendations for dealing with the GDPR forevermore. It will assess whether the preparation and panic were worth it. In other words, was the time, expense, and distraction my peers and I expended and experienced over the past years proportionate to the requirements and impact of the GDPR? Further, was the high level of preparation and panic many legal departments in countless companies undertook and experienced appropriate now that we have had a chance to see the initial impact of the GDPR?
A Prescription For Charity Care: How National Medical Debt Ills Can Be Alleviated By Integrating State Financial Assistance Policies Into The Nonprofit Tax Exemption, Margarita Kutsin
Seattle University Law Review
Despite having the most expensive healthcare system in the world, the United States has been consistently ranked as having the worst system in terms of equity, efficiency, and healthcare outcomes among industrialized nations. The effects of these systemic issues are grounded in the patient experience as nearly forty-four percent of individuals have forgone recommended treatments and thirty-two percent have reported that they were unable to afford a prescription due to the high cost, according to a study conducted in 2018. Health is sacred, and financial circumstances should not determine the difference between treatment and illness, or life and death. “Financial …
Life Cycle Costing And Food Systems: Concepts, Trends, And Challenges Of Impact Valuation, Katherine Fiedler, Steven Lord, Jason J. Czarnezki
Life Cycle Costing And Food Systems: Concepts, Trends, And Challenges Of Impact Valuation, Katherine Fiedler, Steven Lord, Jason J. Czarnezki
Michigan Journal of Environmental & Administrative Law
Our global food systems create pervasive environmental, social, and health impacts. Impact valuation is an emerging concept that aims to quantify all environmental, social, and health costs of food systems in an attempt to make the true cost of food more transparent. It also is designed to facilitate the transformation of global food systems. The concept of impact valuation is emerging at the same time as, and partly as a response to, calls for the development of legal mechanisms to address environmental, social, and health concerns. Information has long been understood both as a necessary precursor for regulation and as …
Improving Generic Drug Approval At The Fda, Kathleen Craddock
Improving Generic Drug Approval At The Fda, Kathleen Craddock
Michigan Journal of Environmental & Administrative Law
Generic drugs are the store-brand cereal of the drug world. While they lack the vibrant colors of and exciting commercials behind name brands, generics are still effective. Most importantly, for some people, they make the difference between accessing essential treatment and going without. Getting generics to market as quickly as possible means fewer people will cut pills in half or skip doses to save money, which also saves billions of dollars across the U.S. health system. Because a new generic does not offer lifesaving changes for people with rare or complicated diseases, generics lack the “cultural capture of rhetoric about …
Awards Of The Maritime Arbitration Commission, G. A. Maslov
Awards Of The Maritime Arbitration Commission, G. A. Maslov
Georgia Journal of International & Comparative Law
No abstract provided.
The Convergence Awakens: How Principles Of Proportionality And Calls For Cooperation Are Reshaping The E-Discovery Landscape, Tevor Gillum
The Convergence Awakens: How Principles Of Proportionality And Calls For Cooperation Are Reshaping The E-Discovery Landscape, Tevor Gillum
University of Miami International and Comparative Law Review
No abstract provided.
The Undercover Detective Looks At Data Breach Contract Clauses: Who Should Be Responsible Under The Contract For Costs Of Cover, Jill Bronfman
The Undercover Detective Looks At Data Breach Contract Clauses: Who Should Be Responsible Under The Contract For Costs Of Cover, Jill Bronfman
South Carolina Law Review
No abstract provided.
In Praise Of Law Books And Law Reviews (And Jargon-Filled Academic Writing), Cass R. Sunstein
In Praise Of Law Books And Law Reviews (And Jargon-Filled Academic Writing), Cass R. Sunstein
Michigan Law Review
Many people, including many lawyers and judges, disparage law reviews and the books that sometimes result from them on the ground that they often deal with abstruse topics, of little interest to the bar, and are sometimes full of jargon, including excessively academic and impenetrable writing. Some of the objections are warranted, but at their best, law books and law reviews show a high level of rigor, discipline, and care; they have a kind of internal morality. What might seem to be jargon is often a product of specialization, similar to what is observed in other fields (such as economics, …
Theory Applied: Walking The Halls Of Power And The Streets In The Successful Campaign To End Predatory Long Distance Prison Phone Rates, Cheryl Leanza
Theory Applied: Walking The Halls Of Power And The Streets In The Successful Campaign To End Predatory Long Distance Prison Phone Rates, Cheryl Leanza
Journal of Civil Rights and Economic Development
No abstract provided.
The Affordable Care Act, Experience Rating, And The Problem Of Non-Vaccination, Eric Esshaki
The Affordable Care Act, Experience Rating, And The Problem Of Non-Vaccination, Eric Esshaki
University of Michigan Journal of Law Reform Caveat
Polio, the whooping cough, and the mumps, among many other communicable diseases, were once prevalent in communities within the developed world and killed millions of people.1 The advent of vaccinations contained or eradicated several of these diseases.2 However, these diseases still exist in the environment3 and are making a comeback in the United States.4 Their persistence is directly attributable to the rising trend among parents refusing to vaccinate their children.5 One proposed solution to this problem is to hold parents liable in tort when others are harmed by their failure to vaccinate. Another proposed solution argues that parents should pay …
Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, Jessica Mantel
Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, Jessica Mantel
University of Michigan Journal of Law Reform
With Medicare’s rising costs threatening the country’s fiscal health, policymakers have focused their attention on a primary cause of Medicare’s high price tag—the overtreatment of patients. Guided by professional norms that demand they do “everything possible” for their patients, physicians frequently order additional diagnostic tests, perform more procedures, utilize costly technologies, and provide more inpatient care. Much of this care, however, does not improve Medicare patients’ health, but only increases Medicare spending. Reducing the overtreatment of patients requires aligning physicians’ interests with the government’s goal of spending Medicare’s dollars wisely. Toward that end, recent Medicare payment reforms establish a range …
Medicine As A Public Calling, Nicholas Bagley
Medicine As A Public Calling, Nicholas Bagley
Michigan Law Review
The debate over how to tame private medical spending tends to pit advocates of government-provided insurance—a single-payer scheme—against those who would prefer to harness market forces to hold down costs. When it is mentioned at all, the possibility of regulating the medical industry as a public utility is brusquely dismissed as anathema to the American regulatory tradition. This dismissiveness, however, rests on a failure to appreciate just how deeply the public utility model shaped health law in the twentieth century— and how it continues to shape health law today. Closer economic regulation of the medical industry may or may not …
The Aca’S 2017 State Innovation Waiver: Is Erisa A Roadblock To Meaningful Healthcare Reform?, Marea B. Tumber
The Aca’S 2017 State Innovation Waiver: Is Erisa A Roadblock To Meaningful Healthcare Reform?, Marea B. Tumber
University of Massachusetts Law Review
In 2017, the Affordable Care Act’s (ACA) State Innovation Waiver (§1332) will enable states to waive many of the ACA’s provisions and to develop their own creative solutions to reign in healthcare spending. The Employee Retirement Income Security Act of 1974 (ERISA) was enacted to encourage employers to sponsor benefit plans and minimize potential conflicts with existing state laws. Because of ERISA, the regulation of employee benefit plans, including health plans, falls primarily under federal jurisdiction for about 131 million people. This Note explores the ways in which ERISA presents significant roadblocks to meaningful state level healthcare reform under §1332. …
In All Fairness: Using Political Broadcast Access Doctrine To Tailor Public Campaign Fund Matching, Andrew V. Moshirnia, Aaron T. Dozeman
In All Fairness: Using Political Broadcast Access Doctrine To Tailor Public Campaign Fund Matching, Andrew V. Moshirnia, Aaron T. Dozeman
University of Michigan Journal of Law Reform
Recent United States Supreme Court decisions have undermined the viability of campaign public financing systems, a vital tool for fighting political corruption. First, Citizens United v. FEC allowed privately financed candidates and independent groups to spend unlimited amounts of money on campaigning. Publicly financed candidates now risk being vastly outspent. Second, Arizona Free Enterprise Club’s Freedom PAC v. Bennett invalidated a proportional fund matching system whereby privately financed candidates’ or independent groups’ spending triggered funds to publicly funded candidates. These decisions effectuate a libertarian speech doctrine: all speakers, individual or corporate, must be absolutely unburdened. To comply with this approach, …
Phantom Damages And The Collateral Source Rule: How Recent Hyperinflamation In Medical Costs Disturbs South Carolina's Application Of The Collateral Source Rule, Todd R. Lyle
South Carolina Law Review
No abstract provided.
Securitization Of Student Loans: A Proposal To Reform Federal Accounting, Reduce Government Risk, And Introduce Market Mechanisms As Indicators Of Quality Education, Robert Proudfoot
University of Massachusetts Law Review
This Article outlines looming budgetary and accounting issues with federal student loans and proposes securitization as an innovative mechanism to reform federal accounting, reduce federal balance sheet risk, and provide a new education quality indicator. The current federal loan program is unsustainable because it overestimates the repayment rates and underestimates the cost of certain loan programs. Securitization will reduce that federal risk. Additionally, by forcing academic institutions to bear some of the risk, securitization will create a neutral pricing mechanism outside the direct control of federal regulators to show whether academic institutions provide a quality education. While complicated, this proposal …
Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein
Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein
Florida State University Law Review
This Article begins the complex dialogue that must take place to address the emerging technologies providing energy storage for our electricity grid. Energy storage has the capacity to be a game-changer for many facets of our grid, providing better integration of renewable energy, enhanced reliability, and reduced use of carbon-intensive fuels. Energy storage faces a number of obstacles, however, including technological, financial, and regulatory uncertainty. This Article focuses on the regulatory uncertainty, and defends the proposition that not all regulatory uncertainty is created equal. It argues for differential treatment of this uncertainty, depending on its context, scope, and source, and …
Protecting The Innocent With A Premium For Child Safety Regulations, Jacob P. Byl
Protecting The Innocent With A Premium For Child Safety Regulations, Jacob P. Byl
University of Massachusetts Law Review
Federal agencies regulate many products and activities that impact the safety of children. Agencies should put a premium on saving the lives of children when analyzing the costs and benefits of proposed regulations. This note uses original evidence from the infant car seat market to determine that a child-specific benefit measure should be one and a half to two times that of an adult. A child premium will encourage more regulations that protect the safety of our society's most precious and innocent members.
Enhancing The Teaching Of Lawyering Skills And Perspectives Through Virtual World Engagement, Andrea M. Seielstad
Enhancing The Teaching Of Lawyering Skills And Perspectives Through Virtual World Engagement, Andrea M. Seielstad
University of Massachusetts Law Review
Educators from around the globe are rapidly utilizing and transforming virtual worlds, such as Second Life, with innovative teaching strategies. Mediation and dispute resolution, and associated communication and problem-solving skills, are particularly well suited for developing in virtual worlds, as are other lawyering skills such as, interviewing, counseling, and trial advocacy. The opportunities for students and faculty to engage in cross-cultural exchange and networking are another selling feature of virtual world engagement. Virtual worlds offer particular promise for those seeking innovative and cost-effective ways to integrate more professional training and skills development into the law school curriculum. Moreover, as more …
Comparative Effectiveness Research As Choice Architecture: The Behavioral Law And Economics Solution To The Health Care Cost Crisis, Russell Korobkin
Comparative Effectiveness Research As Choice Architecture: The Behavioral Law And Economics Solution To The Health Care Cost Crisis, Russell Korobkin
Michigan Law Review
With the Patient Protection and Affordable Care Act (“ACA”) set to dramatically increase access to medical care, the problem of rising costs will move center stage in health law and policy discussions. “Consumer directed health care” proposals, which provide patients with financial incentives to equate marginal costs and benefits of care at the point of treatment, demand more decisionmaking ability from consumers than is plausible due to bounded rationality. Proposals that seek to change the incentives of health care providers threaten to create conflicts of interest between doctors and patients. New approaches are desperately needed. This Article proposes a government-facilitated …
Holding Up And Holding Out, Colleen V. Chien
Holding Up And Holding Out, Colleen V. Chien
Michigan Telecommunications & Technology Law Review
Patent “hold-up” and patent “hold-out” present important, alternative theories for what ails the patent system. Patent “hold-up” occurs when a patent owner sues a company when it is most vulnerable—after it has implemented a technology—and is able wrest a settlement because it is too late for the company to change course. Patent “hold-out” is the practice of companies routinely ignoring patents and resisting patent owner demands because the odds of getting caught are small. Hold-up has arguably predicted the current patent crises, and the ex ante assertion of technology patents whether in the smartphone war, standards, or patent “troll” context. …
Dilution At The Patent And Trademark Office, Jeremy N. Sheff
Dilution At The Patent And Trademark Office, Jeremy N. Sheff
Michigan Telecommunications & Technology Law Review
This Article undertakes the first systematic investigation of trademark dilution in registration practice before the US Patent and Trademark Office (PTO). The Article consists of three distinct descriptive empirical analyses. In the first, I present a new hand-coded dataset of all 453 Trademark Trial and Appeal Board (TTAB) dispositions of dilution claims through June 30, 2014, and report that dilution has been necessary to the PTO’s refusal of exactly three registrations in over a decade. In the second part, I apply algorithmic coding of the recently released PTO Casefiles Dataset to demonstrate that concurrent registration of identical marks to different …
The Meaning Of Green Growth, Michael A. Livermore
The Meaning Of Green Growth, Michael A. Livermore
Michigan Journal of Environmental & Administrative Law
Although the term is still rarely used in the United States, in recent years “green growth” has become part of the lexicon of global environmental policy. Unfortunately, although it is frequently cited as a public policy goal, green growth has remained vague and ill-defined, leading to conflicting interpretations and confusion over the distinction between green growth and related concepts like sustainable development. This paper seeks to clarify the meaning of green growth as a distinct concept, defining a “green growth frontier” of policies that dominate along both environmental and economic dimensions. The green growth agenda can be understood as moving …
State Recoupment Of The Costs Of Defense Of Indigent Criminal Defendants , Mark M. Horgan
State Recoupment Of The Costs Of Defense Of Indigent Criminal Defendants , Mark M. Horgan
Pepperdine Law Review
No abstract provided.
Should The State Pay The Fees Of Claimant Representatives In Unemployment Insurance Hearings?, Paul Wyler
Should The State Pay The Fees Of Claimant Representatives In Unemployment Insurance Hearings?, Paul Wyler
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Security For Costs Requirement In California - A Violation Of Procedural Due Process?, Jerel L. Ellington
The Security For Costs Requirement In California - A Violation Of Procedural Due Process?, Jerel L. Ellington
Pepperdine Law Review
No abstract provided.