Law Commons^™

Financing Long-Term Care In Missouri: Limits And Changes In The Wake Of The Deficit Reduction Act Of 2005, Julia M. Hargraves

Missouri Law Review

The expense of long-term care, intensified by an aging population, has contributed to a nationwide financial strain on the Medicaid program, complicating the already difficult tasks of medical and fiscal planning for the elderly. Missouri's elderly population is substantial, the state having ranked 14d' in the country for the number of residents over age 65 in 2000. These senior citizens face the prospect of paying for long-term care, and many of them will rely on Medicaid for all or part of the cost. Medicaid is the primary taxpayer-funded program that finances long-term care. Current projections suggest that the cost of …

Victims And The Significance Of Causing Harm, Guyora Binder

Pace Law Review

No abstract provided.

Doctrines Regarding The Fight Against Impunity And The Victim's Right For The Perpetrator To Be Punished, Jesus-Maria Silva Sanchez

Pace Law Review

No abstract provided.

Bong Hits And Big Money: How The Roberts Court Turns Free Speech On Its Head, Jessica Davis

Minnesota Journal of Law & Inequality

No abstract provided.

No Country For Old Men: Aarp V. Eeoc And Age Discrimination In Employer-Sponsored Retiree Health Benefits, Mary Kaczorek

Minnesota Journal of Law & Inequality

No abstract provided.

When The Flock Ignores The Shepherd-Corralling The Undisclosed Use Of Video News Releases, Jeffrey Peabody

Federal Communications Law Journal

Every time you sit down to watch the evening news, you see not only locally produced stories, but also pre-packaged, corporate-sponsored "video news releases" ("VNRs") that are nothing more than commercials in disguise. Unlike political advertising, which must comply with strict sponsorship identification rules, these VNRs remain unregulated. This Note discusses the failed "Truth in Advertising Act," and proposes mandatory disclosure and beefed-up enforcement as necessary steps in stemming the growing use of these "fake news" spots

The Newest Way To Screen Job Applicants: A Social Networker's Nightmare, Carly Brandenburg

Federal Communications Law Journal

Social networking is an easy way to share information with friends, family, and the company that just offered you an interview. Employers are utilizing all of the tools available to them as they strive to hire the right people, and this means that social networkers may need to self censor in order to protect their information from falling into the wrong hands. This Note questions whether social networkers can legally expect or enjoy any right to privacy with respect to their online postings.

Across Circular Boundaries: Searching For A Confluence Between Marital Agreements And Indian Land Transactions, Judith T. Younger

Minnesota Journal of Law & Inequality

Speech

Data Note: Persons Served In Community Mental Health Programs And Employment, Frank A. Smith, Samita Bhattarai

Data Note Series, Institute for Community Inclusion

State Mental Health Agencies provide a wide range of supports to consumers including rehabilitation services, vocational and pre vocational training, and supported and competitive employment supports. This Data Note explores how states vary in number of individuals served in Community Mental Health Programs, i.e., all services not provided in an inpatient setting, who are employed as well as the percentage of individuals served in Community Mental Health Programs who are employed.

Depoliticizing Administrative Law, Cass R. Sunstein, Thomas J. Miles

Public Law and Legal Theory Working Papers

A large body of empirical evidence demonstrates that judicial review of agency action is highly politicized, in the sense that Republican appointees are significantly more likely to invalidate liberal agency decisions than conservative ones, while Democratic appointees are significantly more likely to invalidate conservative agency decisions than liberal ones. These results hold for both (a) judicial review of agency interpretations of law and (b) judicial review of agency decisions for “arbitrariness” on questions of policy and fact. On the federal courts of appeals, the most highly politicized voting patterns are found on unified panels, that is, on panels consisting solely …

Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Doing Away With Tort Law, Jules L. Coleman

Loyola of Los Angeles Law Review

No abstract provided.

Putting Duty In Its Place: A Reply To Professors Goldberg And Zipursky, Dilan A. Esper, Gregory C. Keating

Loyola of Los Angeles Law Review

No abstract provided.

Form And Substance In The Law Of Counterinsurgency Damages, John Fabian Witt

Loyola of Los Angeles Law Review

No abstract provided.

Situationist Torts, Jon Hanson, Michael Mccann

Loyola of Los Angeles Law Review

No abstract provided.

Family Override Of Valid Donor Consent To Postmortem Donation: Issues In Law And Practice, Jocelyn Downie, Chantelle Rajotte, Alison Shea

Articles, Book Chapters, & Popular Press

In 2005, 3974 Canadians were on waiting lists for organ transplants and 275 patients died while waiting. Canada's organ shortage has led to calls for changes to Canada's organ donation system and its legal framework. Herein we examine an issue in which law reform could both increase the number of available organs and better align practice with respect for autonomy, a core value underpinning the Canadian legal system: the issue of family overrides of a valid donor consent to postmortem donation. That is, we examine what should happen when an individual consented to postmortem donation but the family would like …

Antitrust Language Barriers: First Amendment Constraints On Defining An Antitrust Market By A Broadcast's Language, And Its Implications For Audiences, Competition, And Democracy, Catherine J. K. Sandoval

Faculty Publications

This Article contends that the decision to define an antitrust market by the broadcast's language raises concerns about its constitutionality and its effect on competition and democracy. If inaccurate, the market definition may not only distort competition, it may limit the broadcaster's freedom of speech and the public's ability to hear that programming. The First Amendment protects speakers and those who wish to hear that speaker's message.

Using First Amendment jurisprudence, Section II of this Article analyzes the standard of review for evaluating a market definition based on a broadcast's language.

This Article uses social science research on Spanish- and …

Harnessing The Power Of Information To Protect Our Public Natural Resource Legacy, Alyson C. Flournoy, Heather Halter, Christina Storz

UF Law Faculty Publications

In practice, our laws have proven unequal to the lofty objectives of preserving a legacy of public natural resources for our children or achieving sustainable use of these resources. There are many factors that contribute to this shortfall, but inherent inadequacies in the design of these statutes cannot be overlooked as an important determinant. Despite the statutes' broadly stated aspirations toward sustainability and protection of the interests of future generations, only a handful of these statutes include strong and enforceable mandates for sustainable resource use. Many of these statutes accord natural resource-management agencies broad discretion to balance and permit a …

Ethical Exploitation Of The Unrepresented Consumer, The, Victoria J. Haneman

Missouri Law Review

This article begins in Section I with a brief overview of the debt industry. Section II describes the circumstances of an unrepresented defendant in the adversarial system of justice. The conventional codes of professional responsibility are weighed against a broader framework of normative ethics in Section III. Section IV illustrates how the particulars of the debt-buying setting are emblematic of broader issues. Two solutions are then discussed in Section V: One broadly targets the failure of attorneys' ethical codes to account for the collapse of the adversarial myth in cases involving unrepresented litigants; the other is a more tailored solution …

Tesla, Marconi, And The Great Radio Controversy: Awarding Patent Damages Without Chilling A Defendant's Incentive To Innovate, Christopher A. Harkins

Missouri Law Review

The true life story of Nikola Tesla reads like a fiction novel worthy of Hollywood in a tale of the great radio controversy. Who did invent radio? Marconi is often credited with the invention, while a discouraged Tesla mostly watched from the sidelines - his contributions and further innovations to radio being silenced during the height of radio's most rapid growth. While Tesla's bizarre personal life may read like a novel by Jules Verne and F. Scott Fitzgerald, this much can be learned from the facts and folklore of the radio controversy: simultaneous discovery and independent development ought to mitigate …

Historic El Vado Reservoir Operations, Viola Sanchez

Publications

No abstract provided.

The Frontiers Of Tort Law, John T. Nockleby

Loyola of Los Angeles Law Review

No abstract provided.

Liability For Possible Wrongs: Causation, Statistical Probability And The Burden Of Proof, Richard W. Wright

Loyola of Los Angeles Law Review

No abstract provided.

Upside Down - Terrorist, Proprietors, And Civil Responsibility For Crime Prevention In The Post - 9/11 Tort-Reform World, Ellen M. Bublick

Loyola of Los Angeles Law Review

No abstract provided.

State Innovation And Preemption: Lessons From State Climate Change Efforts, Alexandra B. Klass

Loyola of Los Angeles Law Review

No abstract provided.

Tobacco Control Strategies: Past Efficacy And Future Promise, Robert L. Rabin

Loyola of Los Angeles Law Review

No abstract provided.

Sanctioning The Ambulance Chaser, Anita Bernstein

Loyola of Los Angeles Law Review

No abstract provided.

Drug Advertising Claims: Preemption's New Frontier, Catherine M. Sharkey

Loyola of Los Angeles Law Review

No abstract provided.

Personal Management Skills: Getting The Most Out Of Every Day, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

What are the personal management skills that lawyers need to possess (or develop, as the case may be), here is a short list: organization, time management, financial management, facility with technology, people skills, an ability to communicate, personal marketing skills and career skills. Although future columns will add flesh to the bones of these personal management skills, a skeletal overview may help to understand what this article is talking about.

Japan And The Moneylenders—Activist Courts And Substantive Justice, Andrew M. Pardieck

Washington International Law Journal

Problems with sub-prime loans roiled financial markets worldwide in 2007 and brought renewed attention to predatory lending practices by loan brokers in the United States. Questionable lending practices, however, plague consumer financial markets worldwide, including one of the largest, found in Japan. This Article addresses the Japanese response to systemic problems in its consumer finance market. Over the last forty years, the judiciary has led and the Diet followed. Most recently, in 2006, the Supreme Court handed down a series of decisions that turned the single most important earnings driver for the consumer finance industry into dead letter law. The …