Law Commons^™

Medicaid And Mental Health Services, Cynthia Shirk

National Health Policy Forum

Medicaid is the largest payer of mental health services in the United States, contributing more than any other private or public source of funding. This background paper highlights the variety of services and supports needed by individuals with mental illness and Medicaid’s increasing role in mental health coverage. It provides an overview of Medicaid coverage of mental health services and identifies some of the key challenges in providing that coverage.

Ua12/2/1 College Heights Herald, Vol. 84, No. 16, Wku Student Affairs

WKU Administration Documents

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. Articles in this issue:

• Paul, Corey. Fights & Frenzy
• Day, Michelle. Gunfire Unconfirmed, Investigation Continues
• Hale, Marianne. Campus, Community Voice Concerns
• Timeline of Events
• Slitz, Alex. A Thousand Words – Charus Changchit
• Howerton, Christina. Enrollment Increases 2.6 Percent
• Howerton, Christina. Task Force Explores Ways to Make College Cost Less
• Gadbois, Chris. Rudeness Isn’t an Issue with Shuttle Drivers
• Bonneau-Kaya, Chrystal. Objectification of Women is Dehumanizing, Wrong
• Schwab, Edmond. Learn the Background of the Financial Troubles
• Bybee, Sarah. Please Slow Down and Watch Out for Pedestrians
• Cawthorn, Shawna. Poor Football …

Draft For Harmless Use: Gleaning From Fields Of Copyrighted Works - 2008, Wendy J. Gordon

Scholarship Chronologically

My inquiry is into whether harmless uses of property should give the property owner a right to sue. Under current law, harmless trespasses to land and to copyrights and patents do indeed give rise to liability. Should they? Neither moral philosophy, political science nor economics deals well with the harmless free-rider. The possibility I'm exploring-- just exploring at this stage-- is the following: that where inexhaustible products like information become a primary source of value, our institutions might serve us better if instead of mandating payment for harmless use via legal compulsion, payment for harmless use be left to the …

October 11, 2008: Governor Palin Should Resign From The Ticket, Bruce Ledewitz

Hallowed Secularism

Blog post, “Governor Palin Should Resign from the Ticket“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Enduring Ambivalence Of Corporate Law, Christopher M. Bruner

Scholarly Works

Prevailing theories of corporate law tend to rely heavily on strong claims regarding the corporate governance primacy and legitimacy of either the board or the shareholders, as the case may be. In this article I challenge the descriptive power of these theories as applied to widely held public corporations and advance an alternative, arguing that corporate law is, and will remain, deeply ambivalent - both doctrinally and morally - with respect to three fundamental and related issues: the locus of ultimate corporate governance authority, the intended beneficiaries of corporate production, and the relationship between corporate law and theachievement of the …

October 20, 2008: The Jews And The 2008 Election, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Jews and the 2008 Election“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

On Jurisdictional Elephants And Kangaroo Courts, Stephen I. Vladeck

NULR Online

No abstract provided.

October 18, 2008: The Anti-Voter Conspiracy Of The Republican Party, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Anti-Voter Conspiracy of the Republican Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Michigan Guidelines 10th Anniversary, University Of Michigan Law School

Event Materials

Program for a book launch ceremony for The Michigan Guidelines on the International Protection of Refugees.

Pole Dancing Reprise/Reprieve, Timothy Zick

Popular Media

No abstract provided.

October 16, 2008: The Capture Of The Protestant Right By Capitalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Capture of the Protestant Right by Capitalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Is America Finally Ready To Elect A Black President?, F. Michael Higginbotham

All Faculty Scholarship

In its 220 year history, America has yet to elect a president who is not white. In the 2008 presidential election, Barack Obama, the only black member of the United States Senate, has received the nomination of the Democratic Party, the first minority candidate to ever receive a major party nomination. This article argues that Americans must not let fear or prejudice squander this historic opportunity.

Erisa Misrepresentation And Nondisclosure Claims: Securities Litigation Under The Guise Of Erisa?, Clovis Trevino Bravo

Georgetown Law Student Series

In the wake of recent corporate scandals and dramatic market downturns, many employees whose retirement savings plans were heavily invested in the stock of their employer have seen their account balances substantially depleted. To recover for their losses, plan participants have filed lawsuits under the Employee Retirement Income Security Act (ERISA) alleging that plan fiduciaries made misrepresentations or failed to disclose material information about the suitability of investing in the company stock. These suits are generally derivative or companion cases to securities class actions based on the same allegations of misrepresentations or nondisclosures. Even though there is a significant overlap …

Bill Would Encourage Effective Dispute Resolution, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Many of the processes involved in traditional local land use review procedures involve two or more adversarial parties arguing their position with little to no consideration for the other party’s interest, and no regard for mutually beneficial outcome. This article describes a proposed New York law that would promote the use of mediation to supplement the traditional process. The article discusses studies geared towards testing the effectiveness of mediation, gives a review of out of state mediation legislation, as discusses corresponding court decisions. Finally, the article concludes with a review of the traditional roles of lawyers in the process, and …

Vol. Ix, Tab 46 - Ex. 29 - Email From Christina Aguilar (Google Account Strategist), Christina Aguilar

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Cityland – Vol. 5, No. 9, Center For New York City Law

CityLand - 2008

The October 2008 issue of CityLand covers significant land use and preservation developments in New York City. The City Council postponed a vote on the Hospital for Special Surgery’s expansion plan, while approving the Waldheim rezoning in Flushing despite civic opposition. The City Planning Commission modified the Dutch Kills rezoning to increase FAR for certain uses and approved the East Harlem redevelopment plan. The Fulton Street BID was approved, and the Budget Rent-a-Car rezoning and street demapping in Queens were finalized. The issue includes court decisions upholding landmark designations for the City and Suburban Homes Estate and compelling the NYSDEC …

The Professional Ethics Of Billing And Collections, Mark A. Hall, Carl E. Schneider

Articles

Medicine is a Profession on which physicians rely for their livelihood and patients for their lives. If physicians do not charge for services, they cannot survive. If patients cannot afford those services, they cannot survive. No wonder many physicians have long agreed that fees are “one of the most difficult problems . . . between patient and physician.” For years comprehensive insurance subdued this problem, but currently widespread underinsurance and consumer-directed health care are reviving it. Even as the ranks of the uninsured continue to increase,the latest hope for controlling medical costs requires insured patients to pay for much more …

Election Apparel And The Fashion Police, Timothy Zick

Popular Media

No abstract provided.

'Dynamic Competition' Does Not Excuse Monopolization, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

This comment on a forthcoming article by Keith Hylton and David Evans explains why considerations of "dynamic competition" do not argue against antitrust enforcement. While the prospect of achieving monopoly may foster innovation, that observation misleads as to appropriate antitrust policy unless qualified by the observation that the push of competition generally spurs innovation more than the pull of monopoly. Moreover, the longstanding doctrinal rule that mere monopoly pricing is not illegal should not be read as demonstrating that antitrust law values monopolies for their role in promoting innovation.

Vol. 59, No. 4, October 14, 2008, University Of Michigan Law School

Res Gestae

•The RG Tries Its Hand at Economic Analysis •Letter to the Editor •Nunc Pro Tunc •Kicking it Old School •Pop Linguistics •Softball Champs •Nannes •Save Yourself •Case Notes •The Food Court •Fall Recipe Bonanza

October 14, 2008: Netroots Nation Comes To Pittsburgh, Bruce Ledewitz

Hallowed Secularism

Blog post, “Netroots Nation Comes to Pittsburgh“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Systemic Risk, Steven L. Schwarcz

Faculty Scholarship

Governments and international organizations worry increasingly about systemic risk, under which the world’s financial system can collapse like a row of dominoes. There is widespread confusion, though, about the causes and even the definition of systemic risk, and uncertainty about how to control it. This Article offers a conceptual framework for examining what risks are truly “systemic,” what causes those risks, and how, if at all, those risks should be regulated. Scholars historically have tended to think of systemic risk primarily in terms of financial institutions such as banks. However, with the growth of disintermediation, in which companies can access …

Brief Of Professors Of Law As Amici Curiae In Support Of Appellants And Reversal, Nordyke V. King, No. 07-15763 (9th Cir. Oct. 14, 2008)., Richard L. Aynes, Michael K. Curtis, Michael A. Lawrence, William W. Van Alstyne

Con Law Center Amicus Briefs

This Amicus brief summarizes the historic case for applying the Bill of Rights guarantees, including the right to bear arms in the Second Amendment, to state and local governments. History supports application by way of the Privileges or Immunities Clause of the Fourteenth Amendment. Amici do not address gun control generally, the validity of the local government act involved in this case, or the scrutiny that should be applied to gun regulation.

Vol. Vi, Tab 38 - Ex. 23 - Email From Christopher Klipple, Christopher Klipple

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. 35, No. 07 (October 13, 2008)

Indiana Law Annotated

No abstract provided.

Skating With Donovan: Thoughts On Librarianship As A Profession, Richard A. Danner

Faculty Scholarship

James M. Donovan’s article: Skating on Thin Intermediation: Can Libraries Survive?, 27 Legal Reference Services Q. 95 (no. 2-3, 2008) argues that librarians place more emphasis than they might on providing service to library users at a time when information seekers are relying less on intermediaries, and that over-emphasizing service to the detriment of other values diminishes the status of librarianship as a profession. The article presents two contrasting models of librarianship. This article discusses Donovan’s models and comments on the continuing importance of the service model to librarianship.

Diversity And Race-Neutrality, Kenneth L. Marcus

NULR Online

No abstract provided.

Red Mass Invitation 2008, Notre Dame Law School

The Red Mass

Most Rev. John M. D'Arcy, Bishop of Fort Wayne-South Bend, the Notre Dame Law School and the members of the Red Mass Committee request the honor of your presence and that of your guests at the celebration of a Red Mass for lawyers, judges, law students and civil government officials at the Basilica of the Sacred Heart on Sunday, October 12, 2008 at 10 AM.

The celebration of this ancient rite in which God's blessing is asked on all those who serve the law will be followed by a reception at the LaFortune Student Center Ballroom.

Red Mass 2008, Notre Dame Law School

The Red Mass

The Red Mass

October 12, 2008

Basilica of the Sacred Heart

University of Notre Dame

Notre Dame, Indiana

Legal Approaches To Promote Technological Solutions To Climate Change, Daniel Van Fleet

Duke Law & Technology Review

Technological advancement is widely viewed as an essential component to any effective climate change strategy. However, there is no consensus as to the degree to which the law should promote technological innovation and development. This iBrief analyzes government involvement in encouraging such technology and divides the various policies into four categories. On one end are policies that rely mainly on market forces to encourage scientific advancement naturally, requiring minimal government involvement. A second category of policies involves technological development promoted indirectly through laws addressing climate change generally. A third type of policy involves directly offering government funding and financing for …