Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 15 of 15

Full-Text Articles in Law

Defining Corruption And Constitutionalizing Democracy, Deborah Hellman Mar 2012

Defining Corruption And Constitutionalizing Democracy, Deborah Hellman

Deborah Hellman

The central front in the battle over campaign finance laws is the definition of corruption. The Supreme Court has allowed restrictions on giving and spending money in connection with elections only when they serve to avoid corruption or its appearance. The constitutionality of such laws, therefore, depends on how the Court defines corruption. Over the years, campaign finance cases have conceived of corruption in both broad and narrow terms, with the most recent cases defining it especially narrowly. While supporters and critics of campaign finance laws have argued for and against these different formulations, both sides have missed the more …


Physicians As Researchers: Difficulties With The "Similarity Position", David Wasserman, Deborah Hellman, Robert Wachbroit Sep 2011

Physicians As Researchers: Difficulties With The "Similarity Position", David Wasserman, Deborah Hellman, Robert Wachbroit

Deborah Hellman

No abstract provided.


What Makes Genetic Discrimination Exceptional?, Deborah Hellman Mar 2011

What Makes Genetic Discrimination Exceptional?, Deborah Hellman

Deborah Hellman

No abstract provided.


Money And Rights, Deborah Hellman Dec 2010

Money And Rights, Deborah Hellman

Deborah Hellman

This chapter looks at when constitutionally protected rights are interpreted by courts to include a concomitant right to spend money to effectuate the underlying right and when they are not. It concludes that there are two strands in our constitutional law: the Integral Strand, in which a right includes the right to spend money and the Blocked Strand, in which it does not.


Money Talks But It Isn't Speech, Deborah Hellman Apr 2010

Money Talks But It Isn't Speech, Deborah Hellman

Deborah Hellman

This Article challenges the central premise of our campaign finance law, namely that restrictions on giving and spending money constitute restrictions on speech and thus can only be justified by compelling governmental interests. This claim has become so embedded in constitutional doctrine that in the most recent Supreme Court case in this area, Citizens United v. FEC, the majority asserts it without discussion or argument. This claim is often defended on the grounds that money is important or necessary for speech. While money surely facilitates speech, money also facilitates the exercise of many other constitutional rights. By looking at these …


Prosecuting Doctors For Trusting Patients, Deborah Hellman Sep 2009

Prosecuting Doctors For Trusting Patients, Deborah Hellman

Deborah Hellman

In an escalating phase of our country’s war on drugs, doctors treating patients in pain are being prosecuted for drug trafficking under the Controlled Substances Act. While doctors surely can be guilty of drug trafficking when they sell drugs for money, lately some doctors have been prosecuted for violations of a statute that requires knowingly distributing or dispensing controlled substances in an unauthorized manner for simply being willfully blind to the fact that their patients were reselling the drugs. While willful blindness may be an apt substitute for knowledge in the traditional drug courier scenario, doctors in these cases are …


Two Types Of Discrimination: The Familiar And The Forgotten, Deborah Hellman Aug 2009

Two Types Of Discrimination: The Familiar And The Forgotten, Deborah Hellman

Deborah Hellman

This essay argues that current Equal Protection doctrine fails to recognize an important conceptual distinction between two types of discrimination. Current doctrine is inadequate, according to the author, because it treats all discrimination cases as if they were instances of only one of these types. As a result, the Supreme Court mistreats discrimination cases of the forgotten variety. The author draws a distinction between proxy and non-proxy discrimination. Proxy discrimination uses the classification in the law as a means to reach a set of persons with a different, correlated trait. Non-proxy discrimination, by contrast, aims at the set defined by …


Judging By Appearances: Professional Ethics, Expressive Government, And The Moral Significance Of How Things Seem, Deborah Hellman Aug 2009

Judging By Appearances: Professional Ethics, Expressive Government, And The Moral Significance Of How Things Seem, Deborah Hellman

Deborah Hellman

No abstract provided.


Is Actuarially Fair Insurance Pricing Actually Fair? A Case Study In Insuring Battered Women, Deborah Hellman Aug 2009

Is Actuarially Fair Insurance Pricing Actually Fair? A Case Study In Insuring Battered Women, Deborah Hellman

Deborah Hellman

No abstract provided.


Classification And Fair Treatment: An Essay On The Moral And Legal Permissibility Of Profiling, Deborah Hellman Aug 2009

Classification And Fair Treatment: An Essay On The Moral And Legal Permissibility Of Profiling, Deborah Hellman

Deborah Hellman

Prior to the events of September 11, 2001, there appeared to be a consensus that profiling was both legally prohibited and morally wrong. Since 9/11, that consensus has eroded. In order to determine whether the fear and uncertainty occasioned by current events have simply clouded our judgment or whether, instead, the earlier rejection of profiling was too facile, we need to better understand precisely what we mean by "profiling." More importantly, we must develop a theory that explains when profiling, so defined, violates constitutional norms. This paper takes up that task. The paper uses the term "profiling" to mean any …


It's Not The Thought That Counts, Deborah Hellman Aug 2009

It's Not The Thought That Counts, Deborah Hellman

Deborah Hellman

The article considers a central question about discrimination – are an actor’s intentions relevant to whether an action wrongfully discriminates – and takes issue with a familiar answer to this question. If one thinks of “discrimination” in its literal sense, as simply drawing distinctions among people on the basis of possessing or lacking some trait, it becomes clear that discrimination is ubiquitous and often benign. The challenge is to distinguish when discrimination is permissible and when it is not. One common answer to this question is that it is the intentions of the actor who adopts or enacts a law, …


Pushing Drugs Or Pushing The Envelope: The Prosecution Of Doctors In Connection With Over-Prescribing Of Opium-Based Drugs, Deborah Hellman Aug 2009

Pushing Drugs Or Pushing The Envelope: The Prosecution Of Doctors In Connection With Over-Prescribing Of Opium-Based Drugs, Deborah Hellman

Deborah Hellman

No abstract provided.


The Expressive Dimension Of Equal Protection, Deborah Hellman Aug 2009

The Expressive Dimension Of Equal Protection, Deborah Hellman

Deborah Hellman

No abstract provided.


The Importance Of Appearing Principled, Deborah Hellman Aug 2009

The Importance Of Appearing Principled, Deborah Hellman

Deborah Hellman

No abstract provided.


Evidence, Belief, And Action: The Failure Of Equipoise To Resolve The Ethical Tension In The Randomized Clinical Trial, Deborah Hellman Aug 2009

Evidence, Belief, And Action: The Failure Of Equipoise To Resolve The Ethical Tension In The Randomized Clinical Trial, Deborah Hellman

Deborah Hellman

No abstract provided.