Law Commons^™

Health Law And Administrative Law: A Marriage Most Convenient, Timothy Stoltzfus Jost

Saint Louis University Law Journal

No abstract provided.

Administrative Law Meets Health Law: Inextricable Pairing Or Marriage Of Convenience?, Alex M. Azar Ii

Saint Louis University Law Journal

No abstract provided.

Administrative Law Approaches To Medical Malpractice Reform, Eleanor D. Kinney

Saint Louis University Law Journal

No abstract provided.

Administrative Compensation For Medical Malpractice Injuries: Reconciling The Brave New World Of Patient Safety And The Torts System, Edward P. Richards, Thomas R. Mclean

Saint Louis University Law Journal

No abstract provided.

Some Observations About The Turn Toward Federal Rulemaking In Health Law, John M. Griesbach

Saint Louis University Law Journal

No abstract provided.

Daubert And The States: A Critical Analysis Of Emerging Trends, Clark Hedger

Saint Louis University Law Journal

No abstract provided.

Fat America: The Need For Regulation Under The Food, Drug, And Cosmetic Act, Sarah A. Kornblet

Saint Louis University Law Journal

No abstract provided.

Secrets Don’T Make Friends, But They Do Make Good Business: Perception Versus Reality In Physician Financial Incentive Plans, Matthew J. Morris

Saint Louis University Law Journal

No abstract provided.

Patriotism, Nationalism, And The War On Terror: A Mild Plea In Avoidance, Winston P. Nagan, Craig Hammer

UF Law Faculty Publications

Professor Viet Dinh, a major drafter of and architectural influence upon the USA PATRIOT Act, provides an indirect scholarly justification for the far-reaching powers of the act in his article, Nationalism in the Age of Terror. Part II of this Commentary begins by exploring the ostensible underpinnings of Dinh's article by examining his understanding of nationalism. Part III explains why crony nationalism is not the best defense against global terrorism. Part IV then analyzes some significant United States foreign policy undertakings that have arguably negatively affected United States national security. Finally, in Part V we conclude by gleaning lessons from …

Table Of Contents - Cardozo Public Law, Policy And Ethics Journal, Vol. 3, Iss. 1

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

History, Concepts, And Normativity In Hegel, Dario Perinetti

Cardozo Public Law, Policy & Ethics Journal

The article challenges the perception of Hegel's originality in linking history and logic, arguing that this connection was a common endeavor in the 18th century. It situates Hegel's work within a broader historical context, emphasizing that his contribution lies in his unique conceptual history, which describes how concepts acquire meaning through inferential relations rather than naturalistic or psychological processes. The analysis highlights Hegel's departure from Kant and others, asserting that his logic is both descriptive and normative, offering a non-referential theory of concepts that emphasizes their role in generating logical space.

The One And The Concept: On Hegel's Reading Of Plato's Parmenides, Allegra De Laurentiis

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Ways Of Being Singular: The Logic Of Individuality, Robert Berman

Cardozo Public Law, Policy & Ethics Journal

The article explores Hegel's systematic logical account of individuality, arguing that it provides a foundational framework for understanding the concept through a set-theoretical interpretation. It identifies four conceptions of individuality—minimal, exclusivity, virtuosity, and novelty—and examines how Hegel's logic of individuality, as part of his broader philosophical system, offers a structured approach to reconciling these ideas. The article contends that the virtuosity model, which balances normative criteria with inclusivity, best aligns with Hegel's account, emphasizing the unity of universality and particularity in defining individuality.

Cognition And Finite Spirit, John W. Burbidge

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Hegel's Science Of Logic In An Analytic Mode, Clark Butler

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Editor's Note, Jennifer J. Monberg

Federal Communications Law Journal

No abstract provided.

Uberregulation Without Economics: The World Trade Organization's Decision In The U.S.-Mexico Arbitration On Telecommunications Services, General Agreement On Trade In Services, Gats, J. Gregory Sidak, Hal J. Singer

Federal Communications Law Journal

In April 2004, a World Trade Organization ("WTO") arbitration panel found that Mexico had violated its commitments under the Annex on Telecommunications to the General Agreement on Trade in Services ("GATS") by failing to ensure that Telmex, Mexico's largest supplier of basic telecommunications services, provide interconnection to U.S. telecommunications carriers at international settlement rates that were costoriented. The WTO panel deemed long run average incremental cost ("LRAIC") to be the appropriate cost standard for setting settlement rates. Mexico thus became obliged to change its domestic telecommunications regulations or face trade sanctions. The decision is the first WTO arbitration to deal …

The Road Not Yet Traveled: Why The Fcc Should Issue Digital Must-Carry Rules For Public Television "First", Andrew D. Cotlar

Federal Communications Law Journal

After having recently adopted a variety of complex decisions concerning the digital television transition, the Federal Communications Commission ("FCC") may be poised in the next year to address the issue of mandatory cable carriage of digital broadcast television signals. In this regard, it may reasonably consider the possibility of crafting digital carriage rules for public television stations first without ruling positively or negatively on carriage of commercial stations. This action may legitimately be based on the unique legislative and factual differences between the noncommercial and commercial service and would be constitutionally permissible. This Article sets forth the legal basis for …

Nonprofit Solicitation Under The Telemarketing Sales Rule, Rita Marie Cain

Federal Communications Law Journal

In 2003, the Federal Trade Commission ("FTC") revised its Telemarketing Sales Rule ("TSR") to establish a national Do-Not-Call Registry for commercial telemarketing. Congress directed the Federal Communications Commission ("FCC") to coordinate its telemarketing regulations under the Telephone Consumer Protection Act ("TCPA") of 1991 to achieve maximum consistency between the two agencies' telemarketing restrictions. Nonprofit solicitation is exempt from the national Do-Not-Call Registry, but is covered by other provisions of the FTC rule. The TSR created a new in-house no-call list requirement and imposed additional restrictions not previously known for nonprofit solicitors. The separate nonprofit provisions of the TSR raise unique …

Competition Versus Regulation: "Mediating Between Right And Right'* In The Wireless And Wireline Telephone Industries, Benjamin Douglas Arden

Federal Communications Law Journal

The wireline telephone industry in the United States is the most complete and sophisticated system in the world, built under 100 years of strict government regulation. While the wireline telephone industry was built under a scheme emphasizing regulatory control, the infancy of the wireless telephone industry has been subject to increasing deregulation and reliance on free market forces to guide the industry's development. It has been suggested that this shift in policy reflects the acknowledged failure of strict government regulation. This Note argues that the shift in regulatory policy reflects a difference in circumstances between the development of the wireless …

An Introduction To Lessigian Thought, Russ Taylor

Federal Communications Law Journal

Book Review: Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, Lawrence Lessig, New York: Penguin Press, 2004, 306 pages.

A review of Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity by Lawrence Lessig. Lawrence Lessig is a frequent commentator and prolific writer on media and communications topics. His body of work touches copyright issues, radio spectrum policy, media ownership issues, and legal ownership and control of the physical platforms that deliver broadband content. In this 2004 publication, he focuses on copyright policy. …

Masthead Vol.57 No.1 (2004)

Federal Communications Law Journal

No abstract provided.

Interstate Allocation Of Rivers Before The United States Supreme Court: The Apalachicola-Chattahoochee-Flint River System, Douglas L. Grant

Georgia State University Law Review

No abstract provided.

Have We Got A Deal For You: Can The East Borrow From The Western Water Marketing Experience?, Janet C. Neuman

Georgia State University Law Review

No abstract provided.

Who Owns Captain America? Contested Authorship, Work-For-Hire, And Termination Rights Under The Copyright Act Of 1976, John Molinaro

Georgia State University Law Review

No abstract provided.

Sharing Water Through Interbasin Transfer And Basin Of Origin Protection In Georgia: Issues For Evaluation In Comprehensive State Water Planning For Georgia's Surface Water Rivers And Groundwater Aquifers, Stephen E. Draper

Georgia State University Law Review

No abstract provided.

The Failure Of The Apalachicola-Chattahoochee-Flint River Basin And Alabama-Coosa-Tallapoosa River Basin Compacts And A Guide To The Successful Establishment Of Interstate Water Compacts, Charles T. Dumars, David Seeley

Georgia State University Law Review

No abstract provided.

The Addition Of The "Manifest Disregard Of The Law" Defense To Georgia's Arbitration Code And Potential Conflicts With Federal Law, David Boohaker

Georgia State University Law Review

No abstract provided.

Special Challenges To Water Markets In Riparian States, Joseph W. Dellapenna

Georgia State University Law Review

No abstract provided.

Empirical Legal Scholarship As Scientific Dialogue, Gregory Mitchell

North Carolina Law Review

No abstract provided.