Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Commercial Law (3)
- Criminal Law (3)
- Criminal Procedure (3)
- Health Law and Policy (2)
- Jurisprudence (2)
-
- Antitrust and Trade Regulation (1)
- Business Organizations Law (1)
- Communications Law (1)
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Dispute Resolution and Arbitration (1)
- Entertainment, Arts, and Sports Law (1)
- European Law (1)
- Evidence (1)
- Family Law (1)
- First Amendment (1)
- Intellectual Property Law (1)
- International Humanitarian Law (1)
- Law and Politics (1)
- Law and Race (1)
- Legal Education (1)
- Legal History (1)
- Legal Profession (1)
- Medical Jurisprudence (1)
- Science and Technology Law (1)
Articles 1 - 14 of 14
Full-Text Articles in Law
A Ray Of Light For Judges Blinded By Science: Triers Of Science And Intellectual Due Process, Erica Beecher-Monas
A Ray Of Light For Judges Blinded By Science: Triers Of Science And Intellectual Due Process, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.
Questioning Traditional Antitrust Presumptions: Price And Non-Price Competition In Hospital Markets, Peter J. Hammer
Questioning Traditional Antitrust Presumptions: Price And Non-Price Competition In Hospital Markets, Peter J. Hammer
Law Faculty Research Publications
Hospital mergers challenge basic assumptions about the effects of market power in the health care industry. Antitrust courts have struggled with claims that hospital mergers may in fact reduce costs and lower prices. This Article assesses the validity of these economic claims in the context of an industry that has undergone radical transformations in recent years. The Article also explores how such arguments should be treated as a matter of antitrust doctrine in an area of the law that relies heavily on market share presumptions and rule-based decision making. The Article contends that courts should employ a total welfare standard …
Competing On Quality Of Care: The Need To Develop A Competition Policy For Health Care Markets, William M. Sage, Peter J. Hammer
Competing On Quality Of Care: The Need To Develop A Competition Policy For Health Care Markets, William M. Sage, Peter J. Hammer
Law Faculty Research Publications
As American health care moves from a professionally dominated to a marketdominated model, concerns have been voiced that competition, once unleashed, will focus on price to the detriment of quality. Although quality has been extensively analyzed in health services research, the role of quality in competition policy has not been elucidated. While economists may theorize about non-price competition, courts in antitrust cases often follow simpler models of competition based on price and output, either ignoring quality as a competitive dimension or assuming that it will occur in tandem with price competition. This unsystematic approach is inadequate for the formulation of …
Prosecutorial Misconduct And Constitutional Remedies, Peter J. Henning
Prosecutorial Misconduct And Constitutional Remedies, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Commentary: Symposium: Cannibal Democracies: Human Rights And Democracy In Turkey, Gregory Fox
Commentary: Symposium: Cannibal Democracies: Human Rights And Democracy In Turkey, Gregory Fox
Law Faculty Research Publications
No abstract provided.
Revisiting Rejection: Secured Party Interests In Leases And Executory Contracts, Laura B. Bartell
Revisiting Rejection: Secured Party Interests In Leases And Executory Contracts, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
A General Rule Of Law Is Needed To Define Public Use In Patent Cases, Katherine E. White
A General Rule Of Law Is Needed To Define Public Use In Patent Cases, Katherine E. White
Law Faculty Research Publications
No abstract provided.
Racial Preference In Law School Admissions: The Public Interest In A Diverse Legal Profession, Robert Allen Sedler
Racial Preference In Law School Admissions: The Public Interest In A Diverse Legal Profession, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Us Media Law Update, Jonathan Weinberg
Us Media Law Update, Jonathan Weinberg
Law Faculty Research Publications
No abstract provided.
Review Essay: Positivism, Emergent And Triumphant (Review Of Anthony Sebok, Legal Positivism In American Jurisprudence), Vincent A. Wellman
Review Essay: Positivism, Emergent And Triumphant (Review Of Anthony Sebok, Legal Positivism In American Jurisprudence), Vincent A. Wellman
Law Faculty Research Publications
No abstract provided.
Prosecutorial Misconduct In Grand Jury Investigations, Peter J. Henning
Prosecutorial Misconduct In Grand Jury Investigations, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Menacing Speech And The First Amendment: A Functional Approach To Incitement That Threatens, John A. Rothchild
Menacing Speech And The First Amendment: A Functional Approach To Incitement That Threatens, John A. Rothchild
Law Faculty Research Publications
Constitutional rules of protection cannot be based on purely formal distinctions among modes of utterance that are inattentive to the way the communications actually function....
Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz
Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz
Law Faculty Research Publications
Many legal historians see pre-1839 English child custody law as consisting of near-absolute paternal rights. These historians believe that the weakening of fathers' rights began with the 1839 Custody of Infants Act, which created certain maternal custody rights. Other historians have noted that paternal custody was qualified even before 1839 by the Court of Chancerys application of the doctrine of parens patriae. This Note tells a different story and argues that the origin of incursions into the so-called "empire of the father" was the 1660 Tenures Abolition Act, a statute that ironically seemed designed to strengthen fathers' rights. The …
Defense Discovery In White Collar Criminal Prosecutions, Peter J. Henning
Defense Discovery In White Collar Criminal Prosecutions, Peter J. Henning
Law Faculty Research Publications
No abstract provided.