Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 405(c) (1)
- ACOs (1)
- Academic Medical Centers (1)
- Accountable care organizations (1)
- Actual Malice (1)
-
- Adjuncts (1)
- Affordable Care Act (1)
- American bar association (1)
- Attorney General Alberto Gonzales (1)
- Best available science (1)
- Compensation (1)
- Congress (1)
- Constitutional Law (1)
- Criminal justice section (1)
- Criminal law (1)
- Criminal procedure (1)
- Declarations of War (1)
- Defamation (1)
- Economic justice (1)
- Endangered Species Act ('ESA') (1)
- Entertainment (1)
- Entrepreneurship (1)
- Environmental Law (1)
- Executive Branch (1)
- Executive Power (1)
- FDA (1)
- Faculty (1)
- Federal sentencing commission (1)
- Federal sentencing guidelines (1)
- First Amendment (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
Podia And Pens: Dismantling The Two-Track System For Legal Research And Writing Faculty, Kristen K. Tiscione, Amy Vorenberg
Podia And Pens: Dismantling The Two-Track System For Legal Research And Writing Faculty, Kristen K. Tiscione, Amy Vorenberg
Law Faculty Scholarship
At the 2015 AALS Annual Meeting, a panel was convened under this title to discuss whether separate tracks and lower status for legal research and writing (“LRW”) faculty make sense given the current demand for legal educators to better train students for practice. The participants included law professors, an associate dean, and a federal judge.2 Each panelist was asked to respond to questions about the “two-track” system—a shorthand phrase for the two tracks of employment at many law schools whereby full-time LRW faculty are treated differently than tenured and tenure-track faculty. The panelists represented differing views on the topic. This …
A Little Birdie Said, Seth C. Oranburg
A Little Birdie Said, Seth C. Oranburg
Law Faculty Scholarship
Shareholders are organizing and mobilizing on new social media platforms like Twitter. This changes the dynamics of shareholder proxy contests in ways that favor shareholders over management. Disruptive technology may bring about a shareholder revolution, which may not be in shareholders’ best interests, at least from the perspective of shareholder wealth maximization, and it also has powerful implications for the future of corporate social responsibility.
Advising The President: The Growing Scope Of Executive Power To Protect America, Alberto R. Gonzales
Advising The President: The Growing Scope Of Executive Power To Protect America, Alberto R. Gonzales
Law Faculty Scholarship
The scope of power that the executive branch has to act independently of the other government branches in the national security arena is one of the most difficult questions to answer in constitutional law. Congress has passed a number of statutes empowering the President to take actions necessary to protect our national security, but on relatively few occasions has Congress authorized the President to use force through declarations of war. As Counsel to the President, my job was to work with Attorney General John Ashcroft and other senior lawyers in the Bush Administration to advise the President on the limits …
Keeping Our Eyes On The Prize: Examining Minnesota As A Means For Assuring Achievement Of The 'Triple Aim' Under The Aca, Deborah R. Farringer
Keeping Our Eyes On The Prize: Examining Minnesota As A Means For Assuring Achievement Of The 'Triple Aim' Under The Aca, Deborah R. Farringer
Law Faculty Scholarship
A little more than four years after enactment of the Patient Protection and Affordable Care Act of 2010 (“ACA”), daily headlines still abound on newspapers and websites across the country highlighting both successes and failures of the ACA. In analyzing those successes and failures, especially in the context of care delivery, it is important to take a step back to consider the stated goals of the ACA, which goals have their origins in a premise first proposed by Dr. Donald M. Berwick and the Institute for Healthcare Improvement (“IHI”) in 2006 referred to as the “Triple Aim.” The Triple Aim …
Keep Out Fda: Food Manufacturers' Ability To Effectively Self-Regulate Front-Of-Package Food Labeling, Ellen A. Black
Keep Out Fda: Food Manufacturers' Ability To Effectively Self-Regulate Front-Of-Package Food Labeling, Ellen A. Black
Law Faculty Scholarship
The headlines on any given day claim that the American "obesity epidemic" continues to worsen.' According to these headlines, Americans, both adults and children, are increasingly becoming more obese, are more likely to be diagnosed with diabetes, and will likely prematurely die due to this preventable disease. Numerous private industries, as well as the government, seek to rescue Americans from this crisis. As the obesity epidemic debate intensifies, the call for more government regulation correspondingly grows. There are critics, however, who question the legitimacy of this epidemic and the need for more regulation. For example, some well-known scholars opine that …
From Youth Sports To Collegiate Athletics To Professional Leagues: Is There Really 'Informed Consent' By Athletes Regarding Sports-Related Concussions?, Tracey Carter
Law Faculty Scholarship
Traumatic brain injury (TBI) is a major public health issue in the United States. A sports-related concussion is a form of TBI that can occur from participation in both contact and non-contact sports and recreational activities. The Centers for Disease Control and Prevention estimates that 1.6 to 3.8 million sports- and recreation-related concussions occur in the United States every year. This article emphasizes the serious impact of TBI on youth, collegiate, and professional athletes, explores whether athletes are really “informed” regarding sports-related concussions, and provides recommendations to better protect athletes and to decrease the number of sports-related concussions.
Fearful Asymmetry: How The Absence Of Public Participation In Section 7 Of The Esa Can Make The 'Best Available Science' Unavailable For Judicial Review, Travis Brandon
Law Faculty Scholarship
Recent empirical studies have shown that public participation is an essential part of the listing process of the Endangered Species Act (“ESA”) because it provides the wildlife agencies with valuable scientific information regarding candidate species and forces agencies to make politically unpopular decisions to protect species standing in the way of development interests. However, the crucial agency-forcing mechanism of public participation is lacking in the interagency consultation process in section 7 of the ESA, one of the most important provisions by which the ESA’s protections for listed species are enforced. This Article explains how the absence of public input through …
Sentencing The Wolf Of Wall Street: From Leniency To Uncertainty, Lucian E. Dervan
Sentencing The Wolf Of Wall Street: From Leniency To Uncertainty, Lucian E. Dervan
Law Faculty Scholarship
This Symposium Article, based on a presentation given by Professor Dervan at the 2014 Wayne Law Review Symposium entitled "Sentencing White Collar Defendants: How Much is Enough," examines the Jordan Belfort (“Wolf of Wall Street”) prosecution as a vehicle for analyzing sentencing in major white-collar criminal cases from the 1980s until today. In Part II, the Article examines the Belfort case and his relatively lenient prison sentence for engaging in a major fraud. This section goes on to examine additional cases from the 1980s, 1990s, and 2000s to consider the results of reforms aimed at “getting tough” on white-collar offenders. …
I Am My Brother's Keeper: How The Crossroads Of Entrepreneurship, Intellectual Property And Entertainment Can Be Used To Affect Social Justice, Loren E. Mulraine
I Am My Brother's Keeper: How The Crossroads Of Entrepreneurship, Intellectual Property And Entertainment Can Be Used To Affect Social Justice, Loren E. Mulraine
Law Faculty Scholarship
Growing up in the Bronx, New York, our neighborhoods served as the fulcrum for the world we knew. Like many in my neighborhood, we were immigrants. My family had come to New York from the West Indies, for higher education, to make a better life and to contribute to a growing, energetic society. In many ways, the ultimate goal was to have a transformative effect upon our family tree. Many children, my sisters and I included, grew up in homes where we welcomed our parents’ siblings and their families – our aunts, uncles and cousins – to live with us …
Defamation And The Government Employee: Redefining Who Constitutes A Public Official, Jeffrey Omar Usman
Defamation And The Government Employee: Redefining Who Constitutes A Public Official, Jeffrey Omar Usman
Law Faculty Scholarship
This Article embraces neither the narrow nor broad conceptualization of a public official employed currently by state and lower federal courts but instead suggests revisiting the Rosenblatt formulation and the one clear limitation set forth by Hutchinson that whatever the scope of public officialdom may be “it cannot be thought to include all public employees.” Though not all speech about government employees should be deemed to be related to their official capacity, all government employees should be considered public officials, and speech related to their official conduct should be safeguarded by the actual malice standard. To explain and support this …