Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (6)
- Constitutional Law (5)
- Civil Rights and Discrimination (4)
- Health Law and Policy (4)
- Law and Society (4)
-
- Comparative and Foreign Law (3)
- Criminal Procedure (3)
- Education (3)
- Medicine and Health Sciences (3)
- Property Law and Real Estate (3)
- Supreme Court of the United States (3)
- Urban Studies and Planning (3)
- Administrative Law (2)
- Business (2)
- Criminal Law (2)
- Food and Drug Law (2)
- Fourteenth Amendment (2)
- Health Policy (2)
- Higher Education (2)
- Legal Education (2)
- Pharmacy Administration, Policy and Regulation (2)
- Pharmacy and Pharmaceutical Sciences (2)
- Public Affairs, Public Policy and Public Administration (2)
- Public Health (2)
- Scholarship of Teaching and Learning (2)
- Business Law, Public Responsibility, and Ethics (1)
- Business Organizations Law (1)
- Chemicals and Drugs (1)
- Consumer Protection Law (1)
- Keyword
-
- Affordable housing (2)
- Constitution of South Africa (2)
- Access to housing (1)
- Allocation of resources (1)
- Apartheid (1)
-
- Bill of Rights (1)
- Business Law; Investor Advocacy; Employment Law (1)
- Child Trafficking; Patient/Physician; Medical Ethics; Ethics; Human Trafficking (1)
- Constitutional Law; Politics (1)
- DALO (1)
- Death Penalty; Prosecution; Criminal Law; Criminal Procedure; Criminal Trials; State Law (1)
- Droit au logement (1)
- Income gap (1)
- Khayelitsha (1)
- LIHTC (1)
- Law Schools; Schools; Legal Education; Research (1)
- Legal Education; Professional Responsibility; Law Schools; Experiential Learning (1)
- Policing (1)
- Private security (1)
- Public housing (1)
- Race Issues; Civil Rights; Fourteenth Amendment (1)
- Religion; Constitutional Law; Same-Sex Marriage (1)
- Safety (1)
- Schools; Sexual Abuse; Sexual Assault; Sexual Harassment (1)
- Section 8 (1)
- Segregation (1)
- Sixth Amendment; Criminal Law; Prosecution; Equal Protection (1)
- South Africa Police Service (1)
- Spatial segregation (1)
- Township (1)
Articles 1 - 18 of 18
Full-Text Articles in Law
Pharmaceutical Federalism, Patricia J. Zettler
Pharmaceutical Federalism, Patricia J. Zettler
Faculty Publications By Year
There is growing interest in states regulating pharmaceuticals in ways that challenge the U.S. Food and Drug Administration’s (FDA) federal oversight. For example, in 2013 Maine enacted a law to permit the importation of unapproved drugs, reflecting concerns that federal requirements are too restrictive, while in 2014 Massachusetts banned an FDA-approved painkiller, reflecting concerns that federal requirements are too lax. This Article provides an account of this recent state interest in regulating drugs and considers its consequences. It argues that these state regulatory efforts, and the nascent litigation about them, demonstrate that the preemptive reach of the FDA’s authority extends …
Proquest Regulatory Insight, Pamela C. Brannon
Proquest Regulatory Insight, Pamela C. Brannon
Faculty Publications By Year
No abstract provided.
Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas
Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas
Faculty Publications By Year
Black Lives Matter. All Lives Matter. These two statements are both true, but connote very different sentiments in our current political reality. To further complicate matters, in this short reflection piece, I query how multiracial lives matter in the context of this heated social and political discussion about race. As a multiracial person committed to racial justice and sympathetic both to those pushing for recognition of multiracial identity and to those who worry such recognition may undermine larger movements, these are questions I have long grappled with both professionally and personally. Of course, multiracial lives matter - but do they …
Proportionality Skepticism In A Red State, Lauren Sudeall Lucas
Proportionality Skepticism In A Red State, Lauren Sudeall Lucas
Faculty Publications By Year
Commentary on Carol S. Steiker & Jordan M. Steiker, Courting Death: The Supreme Court and Capital Punishment (2016).
Keeping Gideon'S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren Sudeall Lucas
Keeping Gideon'S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren Sudeall Lucas
Faculty Publications By Year
The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel.
The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court’s right to counsel jurisprudence in this area has remained stagnant. Critics of the …
Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew
Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew
Faculty Publications By Year
No abstract provided.
Institutional Failure, Campus Sexual Assault And Danger In The Dorms: Regulatory Limits And The Promise Of Tort Law, Andrea A. Curcio
Institutional Failure, Campus Sexual Assault And Danger In The Dorms: Regulatory Limits And The Promise Of Tort Law, Andrea A. Curcio
Faculty Publications By Year
Data demonstrates the majority of on-campus sexual assaults occur in dorm rooms. At many colleges, this fact receives little, if any, attention. This article discusses how schools' failure to raise awareness about, and develop risk reduction programs for, dorm-based assaults is another example of long-standing institutional failures when it comes to addressing campus sexual assault. Ignoring where most on-campus assaults occur provides students with a false sense of security in their dorms, limits the efficacy of bystander intervention programs, and results in scant attention and research directed at the efficacy of dorm-based awareness and risk-reduction efforts. This article suggests that …
Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami, Leila Lawlor
Faculty Publications By Year
No abstract provided.
Introduction, Julian Conrad Juergensmeyer, Karen Marie Johnston
Introduction, Julian Conrad Juergensmeyer, Karen Marie Johnston
Faculty Publications By Year
No abstract provided.
Physician Encounters With Human Trafficking: Legal Consequences And Ethical Considerations, Jonathan Todres
Physician Encounters With Human Trafficking: Legal Consequences And Ethical Considerations, Jonathan Todres
Faculty Publications By Year
There is growing recognition and evidence that health care professionals regularly encounter - though they may not identify - victims of human trafficking in a variety of health care settings. Identifying and responding appropriately to trafficking victims or survivors requires not only training in trauma-informed care but also consideration of the legal and ethical issues that arise when serving this vulnerable population. This essay examines three areas of law that are relevant to this case scenario: criminal law, with a focus on conspiracy; service provider regulations, with a focus on mandatory reporting laws; and human rights law. In addition to …
Introduction To The Journal Of Comparative Urban Law And Policy, Julian C. Juergensmeyer, Karen Johnston
Introduction To The Journal Of Comparative Urban Law And Policy, Julian C. Juergensmeyer, Karen Johnston
Faculty Publications By Year
No abstract provided.
In Pursuit Of Good & Gold: Data Observations Of Employee Ownership & Impact Investment, Christopher Geczy, Jessica S. Jeffers, David K. Musto, Anne M. Tucker
In Pursuit Of Good & Gold: Data Observations Of Employee Ownership & Impact Investment, Christopher Geczy, Jessica S. Jeffers, David K. Musto, Anne M. Tucker
Faculty Publications By Year
A startup's path to self-sustaining profitability is risky and hard, and most do not make it. Venture capital (VC) investors try to improve these odds with contractual terms that focus and sharpen employees' incentives to pursue gold. If the employees and investors expect the startup to balance the goal of profitability with another goal - the goal of good - the risks are likely to both grow and multiply. They grow to the extent that profits are threatened, and they multiply to the extent that balancing competing goals adds a dimension to the incentive problem. In this Article, we explore …
Measuring The Impact Of Social Justice Teaching: Research Design And Oversight, Lisa Radtke Bliss, Sylvia B. Caley, Leslie E. Wolf
Measuring The Impact Of Social Justice Teaching: Research Design And Oversight, Lisa Radtke Bliss, Sylvia B. Caley, Leslie E. Wolf
Faculty Publications By Year
Research and the production of scholarship is a fundamental part of being a legal academic. Such endeavors identify issues and answer questions that further understanding of the law, the profession, and the justice system itself. Research and scholarship in the legal academy traditionally meant the study of law and legal theory. A growing body of legal academics are focusing research and scholarship on legal education itself, as well as research that measures the impact of legal education on the development of students' practical and professional skills. The impact of clinical legal education is an important aspect of this scholarship. This …
An Empirical Assessment Of Georgia's Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas
An Empirical Assessment Of Georgia's Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas
Faculty Publications By Year
In Atkins v. Virginia, the Supreme Court held that execution of people with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In doing so, the Court explicitly left to the states the question of which procedures would be used to identify such defendants as exempt from the death penalty. More than a decade before Atkins, Georgia was the first state to bar execution of people with intellectual disability. Yet, of the states that continue to impose the death penalty as a punishment for capital murder, Georgia is the only state that requires capital defendants …
The Indirect Consequences Of Expanded Off-Label Promotion, Patricia J. Zettler
The Indirect Consequences Of Expanded Off-Label Promotion, Patricia J. Zettler
Faculty Publications By Year
The U.S. Food and Drug Administration’s (FDA) policies have been a battleground for litigation about First Amendment protections for commercial speech. In the last five years, the FDA’s position that “off-label” promotion of approved prescription drugs—when a manufacturer promotes a drug for a use for which the FDA has not approved it—leads to violations of the Federal Food, Drug, and Cosmetic Act has been subject to successful legal challenges. Although the merits of these off-label promotion decisions are well traversed in the literature, this Article explores the potential indirect consequences of recently-recognized protections for off-label promotion. This Article demonstrates that—as …
Consumer Financial Protection In Health Care, Erin C. Fuse Brown
Consumer Financial Protection In Health Care, Erin C. Fuse Brown
Faculty Publications By Year
There are inadequate consumer protections from harmful medical billing practices that result in unavoidable, unexpected, and often financially devastating medical bills. The problem stems from the increasing costs shifting to patients in American health care and the inordinate complexity that makes health care transactions nearly impossible for consumers to navigate. A particularly outrageous example is the phenomenon of surprise medical bills, which refers to unanticipated and involuntary out-of-network bills in emergencies or from out-of-network providers at in-network facilities. Other damaging medical billing practices include the opaque and à la carte nature of medical bills, epitomized by added “facility fees,” as …
Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor
Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor
Faculty Publications By Year
No abstract provided.
The Free Exercise Of Religious Identity, Lauren Sudeall Lucas
The Free Exercise Of Religious Identity, Lauren Sudeall Lucas
Faculty Publications By Year
In recent years, a particular strain of argument has arisen in response to decisions by courts or the government to extend certain rights to others. Grounded in religious freedom, these arguments suggest that individuals have a right to operate businesses or conduct their professional roles in a manner that conforms to their religious identity. For example, as courts and legislatures have extended the right to marry to same-sex couples, court clerks have refused to issue marriage certificates to such couples, claiming that to do so would violate their religious beliefs. Similarly, corporations have refused, for reasons grounded in religious identity, …