Law Commons^™

Three Steps And You're Out: The Misuse Of The Sequential Evaluation Process In Child Ssi Disability Determinations, Frank S. Bloch

University of Michigan Journal of Law Reform

The federal Supplemental Security Income (SSI) program provides cash benefits to financially needy persons who are 65 years of age or older, blind, or disabled. It also provides cash benefits to children with disabilities under the age of 18. This Article examines three sets of regulatory efforts to implement special disability standards for children, based first on the original SSI legislation, then on a seminal Supreme Court decision, and finally on amendments to the Social Security Act overruling the Court's decision, and shows how the "sequential evaluation process," which has been useful for adjudicating adult disability claims, has been a …

Front Matter

City University of New York Law Review

No abstract provided.

Legal And Regulatory Barriers To Adequate Pain Control For Elders In Long-Term Care Facilities, Laura D. Seng

City University of New York Law Review

No abstract provided.

Fair Housing Issues In Continuing Care Retirement Communities: Can Residents Be Transferred Without Their Consent?, Lauren R. Sturm

City University of New York Law Review

No abstract provided.

Viatical Settlements And The Elderly: Potential Advantages And Hidden Dangers, Anna D. Halechko

City University of New York Law Review

No abstract provided.

Ouch! That Really Hurts. Pain Management In The Elderly And Terminally Ill: Is This A Legal Or A Medical Problem?, Timothy Mcintire

City University of New York Law Review

No abstract provided.

The Effects Of Taxation On Income-Producing Crimes With Variable Leisure-Time, Avraham D. Tabbach

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Chapter 11 At Twilight, Robert K. Rasmussen, Douglas G. Baird

Coase-Sandor Institute for Law & Economics Research Paper Series

In The End of Bankruptcy we set out the forces that have rendered obsolete traditional conceptions of corporate reorganization. Lynn LoPucki wrote a critique that asserted that our paper lacked empirical foundation. In this response, we draw on LoPucki’s data set of the reorganization of large, publicly held entities to show the robustness of our claims, both empirical and theoretical. Looking in detail at the firms whose Chapter 11 cases ended in 2002, most of which concluded after we completed our original piece, we find that in over 80% of the cases the assets of the firm were either sold …

The Supreme Court's Labor And Employment Decisions: 2002-2003 Term, Maria O'Brien

Faculty Scholarship

This article summarizes U.S. Supreme Court cases from the October 2002 term that related directly or indirectly to labor or employment law or have implications for labor and employment practitioners. Of particular interest are the University of Michigan affirmative action cases' and the Texas criminal sodomy case. ² Although not nominally "labor and employment" cases, these cases will profoundly affect labor and employment issues. Lawrence v. Texas has already altered the lenses through which society views homosexuality and altered public discourse related to homosexuality and same-sex relationships. ³ The reasoning of the Court shows how far issues of sexuality have …

Law And The Future Of Organized Labor In America, Keith N. Hylton

Faculty Scholarship

This paper, prepared for "The Future of Organized Labor in America" symposium at Wayne State University Law School, examines two questions: 1) what are the implications of the decline of unions for the future of labor law, and 2) what are the implications of labor law for the decline of unions? After documenting the recent trends (decline in the private sector coupled with slight growth in the public sector), I argue that the change in the public-versus-private composition will lead unions to pursue legislative strategies that will further reduce the share of the private sector workforce in unions. A law …

A Miscarriage Of Justice In Massachusetts: Eyewitness Identification Procedures, Unrecorded Admissions, And A Comparison With English Law, Stanley Z. Fisher, Ian K. Mckenzie

Faculty Scholarship

Like many other states, Massachusetts has recently known a number of acknowledged miscarriages of justice. This article examines one of them, the Marvin Mitchell case, in order to ask two questions: "What went wrong?" and "What systemic reforms might have prevented this injustice?" In seeking ideas for reform, we look to English law.

In 1990 Marvin Mitchell was convicted of rape in Massachusetts. Seven years later he became the first Massachusetts prisoner to be exonerated by DNA testing. In this article we describe the two key factors leading to Mitchell's wrongful conviction: faulty eyewitness identification procedures, and inadequate safeguards surrounding …

Fundamental Retribution Error: Criminal Justice And The Social Psychology Of Blame, Donald A. Dripps

Vanderbilt Law Review

At least since the M'Naghten case of the 1840s,' Anglo- American criminal law has concerned itself closely, famously, and contentiously with the psychology of the accused. Another significant body of scholarship addresses the psychology of juries, and other valuable research has approached some of the rules of criminal evidence from the perspective of social and cognitive psychology. There has, however, yet to be a general investigation of what social cognition research might teach us about the criminal law's pervasive concern with blameworthiness.

This Article undertakes that investigation. It brings research on the psychology of social cognition to bear on the …

Two Wrongs Don't Make A Right: Medicaid, Section 1983 And The Cost Of An Enforceable Right To Health Care, Mark A. Ison

Vanderbilt Law Review

More than a trillion dollars annually is spent on the health care system .... Despite increases in medical care spending that are greater than the rate of inflation, population growth, and Gross Domestic Product growth, there has not been a commensurate improvement in our health status as a nation .... Despite our Nation's wealth, the health care system does not provide coverage to all Americans who want it. These words capture both the essence of America's public health care dilemma and the frustration felt by many of the lawmakers charged with the duty to solve it. The battle to lower …

The Growing Importance Of Advance Medical Directives In The Military, Thaddeus A. Hoffmeister

School of Law Faculty Publications

While the litigation in the Terri Schiavo case is an extreme example of what can go wrong in the health care decision-making process, it highlights the importance of advance medical directives (AMD) in helping to ensure patient autonomy during end-of-life medical treatment. Unfortunately, large segments of society, to include the military, are still unclear about the role of AMDs in patient care. Thus, this article provides a broad overview of AMDs and their legal applications with a particular emphasis on expanding their use in the military community. This article begins with a discussion of living wills and durable powers of …

Of Property And Antiproperty, Abraham Bell, Gideon Parchomovsky

Michigan Law Review

Private property is widely perceived as a potent prodevelopment and anticonservationist force. The drive to accumulate wealth through private property rights is thought to encourage environmentally destructive development; legal protection of such property rights is believed to thwart environmentally friendly public measures. Indeed, property rights advocates and environmentalists are generally described as irreconcilable foes. This presumed clash often leads environmentalists to urge public acquisition of private lands. Interestingly, less attention is paid to the possibility that the government may prove no better a conservator than private owners. Government actors often mismanage conservation properties, collaborating with private developers to dispose of …

The Indulgence Of Reasonable Presumptions: Federal Court Contractual Civil Jury Trial Waivers, Joel Andersen

Michigan Law Review

Large institutions such as banks, franchisers, international companies, and lessors distrust juries' ability to properly resolve disputes and award reasonable damages. As a result, these and other actors have attempted to limit juries' potential influence on the contracts to which they are parties. They have done so through contractual jury trial waiver clauses in these agreements. The Seventh Amendment to the Constitution guarantees the jury trial right. Whether the right is determined to exist in an individual instance is a matter of federal common law, which merely preserves the jury trial right as it existed when the Amendment was adopted …

Recent Books, Michigan Law Review

Michigan Law Review

Books received by the Law Review.

Table Of Contents

South Carolina Law Review

No abstract provided.

Suem - Spitz's Ultimate Equitable Maxim: In Equity, Good Guys Should Win And Bad Guys Should Lose, Roger Young, Stephen Spitz

South Carolina Law Review

No abstract provided.

Damage Limitations In Medical Malpractice Actions: Necessary Legislation Or Unconstitutional Deprivation, William R. Padget

South Carolina Law Review

No abstract provided.

Effective Hourly Rates Of Contingency-Fee Lawyers: Competing Data And Non-Competitive Fees, Lester Brickman

Articles

The article critically examines the impact of contingency fees on the tort system, arguing that these fees have risen significantly over the past few decades without a corresponding increase in risk, leading to exploitative practices that harm clients and drive up costs. The author challenges Herbert Kritzer's research on contingency fees, asserting that Kritzer's data underestimates the true earnings of specialized contingency-fee lawyers and fails to represent national trends accurately. The article advocates for reforms to align contingency fees more closely with the actual risk and effort involved in cases, ensuring fairness for clients and reducing systemic inefficiencies.

Alternative Approaches To Judicial Review Of Social Security Disability Cases, Paul R. Verkuil, Jeffrey S. Lubbers

Articles

The article evaluates proposals for reforming the judicial review process for Social Security disability determinations, highlighting inefficiencies and variability in the current system. It compares the Social Security Administration (SSA) adjudication process with the Department of Veterans Affairs (VA) appeals system, emphasizing the need for a specialized court to address growing caseloads and improve decisional consistency. The analysis advocates for the creation of a Social Security Court, modeled after the Court of Appeals for Veterans Claims, to enhance uniformity, reduce delays, and alleviate the burden on federal courts.

An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles

Articles

No abstract provided.

Dignity And Desert In Punishment Theory, Kyron J. Huigens

Articles

No abstract provided.

Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes

Articles

No abstract provided.

Using Statutes To Set Legislative Rules: Entrenchment, Separation Of Powers, And The Rules Of Proceedings Clause, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.

Against Same-Sex Marriage, Gerard V. Bradley

Journal Articles

The question of the day is, Why should the law limit marriage to heterosexual couples? That is the question posed by the coming debate over the FMA.

No answer fits neatly into our cultural practices. Marriage is already in a very confused state. The way that many married couples live is, in fact scarcely distinguishable from the way some homosexual partners do. Where marriage means to so many heterosexuals: share a bed, share a checkbook and maybe, some day, share parental duties, why exactly is it that two men may not marry? Saying that two men cannot marry appears, from …

Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres

Cornell Law Faculty Publications

No abstract provided.

A Beautiful Mend: A Game Theoretical Analysis Of The Dormant Commerce Clause Doctrine, Maxwell L. Stearns

William & Mary Law Review

While the Commerce Clause neither mentions federal courts nor expressly prohibits the exercise of state regulatory powers that might operate concurrently with Congressional commerce powers, the Supreme Court has long used the dormant Commerce Clause doctrine to limit the power of states to regulate across a diverse array of subject areas in the absence of federal legislation. Commentators have criticized the Court less for creating the doctrine than for applying it in a seemingly inconsistent, or even haphazard way. Past commentators have recognized that a game theoretical model, the prisoners' dilemma, can explain the role of the dormant Commerce Clause …

Afghanistan: Prospects For Peace And Democratic Governance And The War On Terrorism, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.