Law Commons^™

Civil Rights, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Conclusion, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Overcoming The Dysfunction Of The Bifurcated Global System: The Promise Of A Peoples Assembly, Andrew L. Strauss

School of Law Faculty Publications

Richard Falk and I have proposed that the time is ripe for global civil society to take the lead and initiate a popularly representative Global Peoples Assembly (GPA).1 The tremendous growth in the commitment to, and practice of, democracy in domestic settings2 juxtaposed against globalization's large-scale transfer of political decision making to international institutions3 has made the almost complete lack of democracy at the international level the most glaring anomaly of the global system today.

Because states are unlikely to initiate the democratization of the international order, the task of beginning the drive for the first GPA necessarily falls to …

Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews

Criminal Justice Faculty Research

This report summarizes the findings of a study conducted using data collected by the Louisville Division of Police between January 15, 2001 and December 31, 2001. These data resulted from 48,586 interactions between law enforcement officers and citizens during traffic-related contacts.

Information was collected about the driver, the officer, and the stop event. Driver demographics included race, sex, age, residency, license number, and vehicle registration. The only information collected about the officer was officer badge number. Finally, data collected about the stop event include the date, time of day, reason for stop, activities during the stop, number of passengers, and …

Hatch-Waxman, Generics, And Patents: Balancing Prescription Drug Innovation, Competition, And Affordability, Robin J. Strongin

National Health Policy Forum

This paper explores the complex connections among intellectual property protection, competition, and access to affordable prescription drug products. It focuses on several provisions of the Drug Price Competition and Patent Term Restoration Act of 1984 (Hatch-Waxman) and discusses the debate swirling around its reform. An overview of landmark intellectual property laws and a description of the generic drug approval process are also included.

Managing Advanced Illness: A Quality And Cost Challenge To Medicare, Medicaid, And Private Insurers, Karen Matherlee

National Health Policy Forum

This issue brief examines approaches to delivering and financing health services for persons with advanced chronic illness. It focuses on the nature and structure of the Medicare hospice benefit and its use as a model for Medicaid and other federal programs. The paper also looks at palliative-care approaches along the continuum of inpatient and post-acute services and raises cost, quality, and access issues for end-of-life care. In addition, it provides an overview of coverage through private insurance, including indemnity, point-of-service, and preferred-provider-organization products.

'Tahoe' Case: When Environmental Regulations Go 'Too Far', John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article reviews a recently decided United States Supreme Court case which held that a thirty-two month moratorium on development did not constitute a taking per se. The Court, building on logic from other recent decisions, found that moratoria are an effective land use tool, which prevent inefficient land development and consequently lead to increased land value. This article analyzes the court’s decision to hold that moratoria are never takings per se, instead holding that a court shall perform an ad hoc analysis to determine a moratorium’s constitutionality.

For Haven's Sake: Reflections On Inversion Transactions, Reuven S. Avi-Yonah

Articles

This article discusses “inversion” transactions, in which a publicly traded U.S. corporation becomes a subsidiary of a newly established tax haven parent corporation. In the last three years, an increasing number of these transactions have been taking place, undeterred by the shareholderlevel tax imposed by the IRS on them in 1994. The article first discusses the reasons for the increasing popularity of the transactions and the tax goals they aim at achieving (primarily avoiding subpart F and U.S. earnings stripping). The article then discusses the tax policy implications of these transactions. In the short run, the article suggests that the …

Protecting Intellectual Capital In The New Century: Are Universities Prepared?, James Ottavio Castagnera, Cory R. Fine, Anthony Belfiore

Duke Law & Technology Review

In recent years, intellectual property has become increasingly important to academic institutions throughout the United States. As universities rely more heavily on trademarks and patents for additional revenue, questions arise as to whether these institutions are sufficiently protected by their current intellectual property policies. This iBrief explores the policies promulgated by a variety of academic institutions and assesses whether these universities are adequately protected by their policies.

Transboundary River Management In The Mekong River Basin: Key Issues And Lessons For Western U.S. Water Management, Jeffrey Jacobs

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

7 pages.

Contains references (page 7).

Power Of Information Sharing For International Water Resources Management, Mikiyasu Nakayama

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

9 pages.

Contains references (page 9).

The Okavango River Basin In Southern Africa: A Case Study Of Transboundary Resource Management Issues, Robert K. Hitchcock

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

21 pages.

Contains references (pages 18-21).

Transboundary Water Conflicts And Cooperation, Aaron T. Wolf

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

14 pages.

Contains references (page 13) and endnotes (page 14).

Case Study—The West Bank, Julie Trottier

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

14 pages.

Contains footnotes.

Pre-Conference Statement For The Session On “Integrating Environmental, Cultural And Other Values In Water Law And Policy”, David H. Getches, Sarah B. Van De Wetering

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

39 pages.

Contains references (pages 36-39).

Protecting Environmental Values In Water Resources In Australia And A Note On Indigenous Rights To Water In Australia, David Farrier

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

58 pages.

Contains footnotes.

Reflections On Integrating Sustainability And Equity From My Journeys Along Rivers Across Four Continents, Deborah Moore

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

8 pages (includes color illustration).

Contains footnotes.

Managing Water Resources For A Sustainable Future: Law, Policy And Methodology Of China, Xi Wang, Xiaobo Zhang, Wenkai Li, Dejin Gu, Yanfang Zhou

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

37 pages (includes color illustrations).

Contains references (pages 36-37).

Water Of Life: Our Common Future, Marcos Terena

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

6 pages.

Water Law In A Democratic South Africa: A Country Case Study Examining The Introduction Of A Public Rights System, Robyn Stein

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

19 pages.

Contains footnotes.

1115 Ways To Waive Medicaid And Schip Rules, Jennifer Ryan

National Health Policy Forum

This issue brief explores the history and context of the Section 1115 Medicaid waiver authority, discusses the Health Insurance Flexibility and Accountability (HIFA) initiative under way in the Bush administration, and considers some of the potential impacts that HIFA could have on state budgets and access to health care for low-income families. Finally, it considers the future of Section 1115 waivers as a vehicle for modifying Medicaid and the State Children's Health Insurance Program.

Improving Oral Health: Promise And Prospects, Jennifer Ryan

National Health Policy Forum

This background paper examines the variety of issues affecting access to oral health care in the United States. It considers the possibilities and challenges presented by public financing sources for dental care for low-income children and families—including Medicaid, the State Children’s Health Insurance Program, and other safety net programs—and reviews a sampling of privately funded efforts at improving oral health access. The paper illustrates some of the major barriers to dental care, particularly the shortage of dentists willing to serve low-income and uninsured patients and the overall lack of growth in the dental workforce. It also considers the changing roles …

Child Care Characteristics And Quality In Nebraska, Carolyn P. Edwards, Lisa Knoche, Abbie Raikes, Helen Raikes, Julia C. Torquati, Brian Wilcox, Lanette Christensen

Center on Children, Families, and the Law (and Related Organizations): Publications

The Midwest Child Care Research Consortium conducted a study of child care quality and characteristics of the child care work force in Nebraska, Iowa, Kansas and Missouri to help states establish a baseline for tracking quality over time, following initiatives, policy and other changes. The measures are not based on Nebraska child care licensing standards. Rather, using research-based measures of quality, they assess the extent to which quality indicators are present among the child care settings and in the work force. The current study included a random telephone survey of 2022 Midwestern child care providers (508 from Nebraska), conducted during …

Water Policy And Cultural Exchange: Transferring Lessons From Around The World To The Western United States, James L. Wescoat

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

27 pages.

Contains references (pages 19-27).

Pre-Conference Statement For The Session On: “Lessons In Water Allocation: Roles For Government And Markets", Charles Howe, Helen Ingram

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

23 pages.

Contains references (page 23).

Lessons In Water Allocation: Roles For Government And Markets [Abstract], Don Blackmore

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

2 pages.

Economic Efficiency And/Or Political Innovation? Institutions And Markets In Trans-Boundary Water Management: Lessons From Lake Constance, Joachim Blatter

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

12 pages.

Includes footnotes.

Water: Rights, Flexibility And Governance: A Balance That Matters?, Miguel Solanes

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

15 pages.

Contains footnotes.

Water Markets, Commodity Chains And The Value Of Water, Marcus Moench

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

7 pages.

Contains references (page 7).

Will The Nation Be Ready For The Next Bioterrorism Attack? Mending Gaps In The Public Health Infrastructure, Eileen Salinsky

National Health Policy Forum

This paper provides an overview of critical weaknesses in public health preparedness capabilities and discusses policy initiatives to address these shortcomings. It examines developmental needs related to communication and coordination, information systems, laboratories, the development and distribution of vaccines and other countermeasures, emergency medical preparedness and response, and the public health workforce. The paper summarizes the status of federal and state plans to respond to these developmental needs and touches on the challenges likely to emerge as these plans are implemented.