Law Commons^™

Targets, Timetables And Effective Implementing Mechanisms: Necessary Building Blocks For Sustainable Development, John C. Dernbach

William & Mary Environmental Law and Policy Review

No abstract provided.

Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Maine, Jaimie Ciulla Timmons, Sheila Fesko, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the third in a series of publications …

Somebody's Daughter: The Domestic Trafficking Of Girls For The Commercial Sex Industry And The Power Of Love, Cheryl Hanna

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Girls In The Juvenile Justice System, Robert E. Shepherd Jr.

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Prom Mom Killers: The Impact Of Blame Shift And Distorted Statistics On Punishment For Neonaticide, Lynne Marie Kohm, Thomas Scott Liverman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Justice By Gender: The Lack Of Appropriate Prevention, Diversion And Treatment Alternatives For Girls In The Justice System

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

U.S. Immigration Benefits For Same Sex Couples: Green Cards For Gay Partners?, Mara Schulzetenberg

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

"Something Of A Sport:" The Effect Of Sandoval On Title Ix Disparate Impact Discrimination Suits, Jonathan M.H. Short

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

A Copernican View Of Health Care Antitrust, William M. Sage, Peter J. Hammer

Faculty Scholarship

Sage and Hammer use the analogy of Copernican astronomy to suggest that understanding the dramatic change wrought by managed care requires a conceptual reorientation regarding the meaning of competition in health care and its appropriate legal and regulatory oversight. Both share the belief that misperceiving the world limits potential for technical and social progress.

A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Saab Fortney

Faculty Scholarship

This article addresses the serious public health problem of substance abuse among pregnant women. Part I of this article introduces the national problem of prenatal drug abuse. Part II discuses the appropriateness of government intervention. The article explains the medical consequences of prenatal drug abuse, and then, describes the justification of government intervention. The article details both existing criminal law and new legislation regarding prenatal drug abuse. Part III addresses constitutional concerns and the conflict between a woman’s right on the one hand and the state interest and “fetal rights” on the other. Part IV considers the moral and legal …

Fair Use And Market Failure: Sony Revisited, Glynn S. Lunney Jr

Faculty Scholarship

With the development and dissemination of digital technology, the importance of private copying and its legal status, whether fair or unfair under copyright law, has only increased. Yet, despite its status as the Court's first and only pronouncement on the issue, Sony has played surprisingly little role in this ongoing debate. Even in cases bearing seemingly close similarity to the home-taping at issue in Sony itself, such as the private, home copying of musical works, courts have refused to follow Sony's fair use outcome. Having been narrowly construed as an exceptional instance of market failure, Sony seldom appears to …

Using Managed Care Tools In Traditional Medicare — Should We? Could We?, Robert A. Berenson, Dean M. Harris

Law and Contemporary Problems

Berenson and Harris consider whether the most controversial tools of managed care, including selective contracting, gatekeeping, and prior authorization, should be adopted in the Medicare program. On policy and practical political grounds, they do not recommend selective contracting or gatekeeping. Nevertheless, Medicare should be granted the authority to have preferred providers and case management programs that could treat providers differently and could permit certain beneficiaries to receive additional, off-policy benefits.

The Theory And Practice Of Disclosing Hmo Physician Incentives, Mark A. Hall

Law and Contemporary Problems

Despite the widespread consensus that physician incentives under managed care should be disclosed, there is little agreement on the who, what, when, and how of disclosure, nor is there agreement on the primary purpose of disclosure. Three forms of market failure point to three distinct, but overlapping purposes of disclosure, each of which points toward different forms, sources and contents of disclosures.

Journal Staff

Law and Contemporary Problems

No abstract provided.

The Next Step In Second Amendment Analysis: Incorporating The Right To Bear Arms Into The Fourteenth Amendment, Janice Baker

University of Dayton Law Review

No abstract provided.

Cover And Front Matter, Volume 28, Number 1, University Of Dayton

University of Dayton Law Review

Title page and table of contents, Volume 28, Number 1

A Product Of Compromise: Or Why Non-Pecuniary Damages Should Not Be Recoverable Under Section 2605 Of The Real Estate Settlement Procedures Act, George S. Mahaffey Jr.

University of Dayton Law Review

No abstract provided.

Common Scents: Establishing A Presumption Of Reliability For Detector Dog Teams Used In Airports In Light Of The Current Terrorist Threat, Dave Hunter

University of Dayton Law Review

No abstract provided.

Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise

Cornell Law Faculty Publications

By drawing upon empirical social science evidence to inform a core tenet of the Court's understanding of equal education the Warren Court established one of its enduring - if under-appreciated - legacies: The increased empiricization of the equal educational opportunity doctrine. All three major subsequent legal efforts to restructure public schools and equalize educational opportunities among students - post-Brown school desegregation, finance, and choice litigation - evidence an increasingly empiricized equal educational opportunity doctrine. If my central claim is correct, it becomes important to consider the consequences of this development. I consider two in this Article and find both benefits …

Legally Defending Mission-Creep: How The Bretton Woods Charters Anticipate And Justify Imf Attention To "Structural" Variables In Its Oversight Of The Global Financial System, Robert C. Hockett

Cornell Law Faculty Publications

No abstract provided.

Ethics 2000 And Conflicts Of Interest: The More Things Change . . . ., Charles W. Wolfram

Cornell Law Faculty Publications

Tailored Police Testimony At Suppression Hearings, Joel Atlas

Cornell Law Faculty Publications

Whether a court must suppress evidence typically turns on the conduct or observations of the police officer who discovered the evidence. By falsely testifying to the facts surrounding the discovery of the evidence, a police officer may validate a blatantly unconstitutional search. New York courts have long recognized that police officers sometimes fabricate suppression testimony to meet constitutional restrictions. Indeed, the Appellate Division has rejected police testimony at suppression hearings where the officer’s testimony appears to have been “patently tailored to nullify constitutional objections.” Although, to be sure, rejections are rare and their number appears to be declining, the appellate …

War Damage Insurance Revisited, Jack Hirshleifer

Connecticut Insurance Law Journal

No abstract provided.

The September 11th Attack On America: Ground Zero In Tort And Insurance Law, Richard P. Campbell

Connecticut Insurance Law Journal

No abstract provided.

Will The Historic Relationship Between Cedent And Reinsurer Become A Casualty Of The War On Terrorism?, Paul E. Traynor

Connecticut Insurance Law Journal

No abstract provided.

The September 11th Victim Compensation Fund: Fund Approaches To Resolving Mass Tort Litigation, Linda S. Mullenix, Kristen B. Stewart

Connecticut Insurance Law Journal

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

School Internal Investigations Of Employees, Open Records Laws, And The Prying Press, Lee R. Remmington

The Journal of Law and Education

No abstract provided.

A New Balance Of In-Class Speech: No Longer Just A Mouthpiece, Todd A. Demitchell

The Journal of Law and Education

No abstract provided.

Technology And The Eighth Amendment: The Problem Of Supermax Prisons, Charles A. Pettigrew

North Carolina Journal of Law & Technology

No abstract provided.