Law Commons^™

Cowell V. Good Samaritan: How And Why The Washington Legislature Should Amend Rcw 7.71 To Protect Physicians From Abuses Of Medical Peer Review Currently Being Shielded Under The Health Care Quality Improvement Act., Nicholas R. Kadar

Nicholas R. Kadar

In 1987, the Washington legislature enacted RCW 7.71, and adopted the Health Care Quality Improvement Act of 1986 (HCQIA), 42 U.S.C. §§ 11101-11152, to protect medical peer review. RCW 7.71 also created a private cause of action for physicians “occasionally hurt by peer review decisions”, because the Legislature concluded that peer review decisions “based on matters unrelated to quality and utilization review need[ed] redress”. RCW 7.71 sought to balance the benefits of peer review to the public against the harms caused by peer review decisions not related to a physician’s competence or professional conduct.

In Cowell v. Good Samaritan, the …

Autonomy In Setting Appropriate Level Of Protection Under The Wto Law: Rhetoric Or Reality?, Michael Ming Du

Michael Ming Du

In the World Trade Organization (WTO) jurisprudence, the Appellate Body (AB) has repeatedly affirmed that WTO Members have the prerogative right in setting any level of protection that they deem appropriate (ALOP). At the same time, WTO Agreements provide for disciplines that a WTO Member must respect when it selects regulatory measures to fulfill its ALOP. Thus, a WTO Member’s autonomy in setting its ALOP, on the one hand, and the full force of other disciplines, on the other hand, are in a constant state of tension. Then, exactly how does a panel balance a Member’s right of setting its …

Ubiquitous Trio: China, Wto And United States Of America, Yuliya Kostelova

Yuliya Kostelova

No abstract provided.

Constraints Of The Agreement On South Asian Free Trade Area And Saarc Agreement On Trade In Services Militating Against Sub-Regional Trade Proliferation In South Asia, Rizwanul Islam

Brigham Young University International Law & Management Review

No abstract provided.

American Antitrust Jurisprudence Applied To European Commission V. Intel, Paul Jones

Brigham Young University International Law & Management Review

No abstract provided.

Legal Ethics And Legal Writing, Olivia Weeks

Olivia L. Weeks

No abstract provided.

The Brief Makes The Difference: Effective Use Of Research In Trial And Appellate Briefs, Olivia Weeks

Olivia L. Weeks

No abstract provided.

The Behavior Of Justice Douglas In Federal Tax Cases, Marjorie A. Silver, Bernard Wolfman, Jonathan L. F. Silver

Marjorie A. Silver

No abstract provided.

Emotional Competence, Multicultural Lawyering And Race, Marjorie A. Silver

Marjorie A. Silver

No abstract provided.

Emotional Competence, Multicultural Lawyering And Race, Marjorie Silver

Marjorie A. Silver

No abstract provided.

Emotional Competence, Multicultural Lawyering And Race, Marjorie Silver

Marjorie A. Silver

No abstract provided.

Sharia Law Poses No Threat To American Courts, Nathan B. Oman

Popular Media

No abstract provided.

B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China’S Plastic Bag Policy, Mary Beckwith O'Loughlin

Mary Beckwith O'Loughlin

On June 1, 2008, the Chinese government enacted a nationwide policy prohibiting all stores from freely distributing plastic bags to customers. This new policy requires that, henceforth, all retailers must charge a nominal fee for plastic bags and that those purchasable bags must meet certain quality requirements to improve their potential reusability. These retailers, which include everything from grocery and clothing stores to farmer’s markets and food stalls, individually determine how much to charge for their bags and get to keep all related proceeds. The policy is an effort to mitigate the “white pollution” that is choking China’s landscape, as …

December 19, 2010: Why Does The Government Celebrate Christmas?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Does the Government Celebrate Christmas?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Wrongful Convictions As A Result Of Public Defender Representation., Annie Elizabeth Ross

Electronic Theses and Dissertations

Our criminal justice system works very hard to prevent criminals from harming other individuals; however, unfortunately mistakes happen. One wrongful conviction is one too many. There are multiple factors that can be assumed to be the cause of wrongful convictions. However, due to the lack of directly related research, the determents are not well established. The following research addresses wrongful convictions as a result of public defender representation. Through the process of theory construction, the research uses critical race theory and social disorganization theory to show the relationship between court appointed representation and wrongful convictions. A new theory is also …

Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones

BYU Law Review

No abstract provided.

Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick

BYU Law Review

No abstract provided.

Inverse Condemnation Actions Present Unique Problems When Determining “Just Compensation”, Ricky J. Nelson

BYU Law Review

No abstract provided.

Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia

BYU Law Review

No abstract provided.

Government Speech And The Publicly Employed Attorney, Margaret Tarkington

BYU Law Review

In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government speech. A …

The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea

BYU Law Review

No abstract provided.

Justice Souter On Government Speech, Sheldon Nahmod

BYU Law Review

No abstract provided.

The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald

BYU Law Review

No abstract provided.

Frontmatter

BYU Law Review

No abstract provided.

Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter

BYU Law Review

No abstract provided.

Nonimmigrants, Equal Protection, And The Supremacy Clause, Justin Hess

BYU Law Review

No abstract provided.

Legal Research: A Review For The Cla Exam, Neil Sobol

Neil L Sobol

No abstract provided.

Navajo Nation San Juan Basin In New Mexico Water Rights Settlement Agreement Of 2010, Navajo Nation, New Mexico, United States

Native American Water Rights Settlement Project

Settlement Agreement: Navajo Nation San Juan Basin, NM Water Rights Settlement (Dec. 17, 2010) Parties: Navajo Nation, US, NM. This Settlement relates to the Navajo Nation’s water rights in the San Juan River Basin located in NM. It is a part of the Juan River adjudication. It reconciles the Apr. 19, 2005 agreement with the Settlement Act. Allottees may make individual water right claims based upon historic and existing uses found in the Joint Hydrographic Survey Report. This Settlement finalizes all claims the Nation could make to the San Juan River Basin and settles all causes of action against the …

Déjà Vu All Over Again? Reflections On Auerbach's 'Modern Corporate Tax', Reuven S. Avi-Yonah

Law & Economics Working Papers

This paper comments on Alan Auerbach's "A Modern Corporate Tax" (Hamilton Project/CAP, December 2010) and argues that it is not a significant improvement over previous proposals to replace the corporate tax with a cash flow tax.

Presidential Succession Act Of 2010, United States. House Of Representatives

Proposed Presidential Succession Legislation

A proposed bill to allow the President to submit a presidential succession list. The individual next in line after the President and Vice President would be either the Speaker of the House, the Majority Leader of the House, or the Minority Leader of the House (or the Speaker until the President submits such name). If that individual is unable to serve, the next in line would be either the Majority Leader of the Senate, the President Pro Tempore of the Senate, or the Minority Leader of the Senate (or the Majority Leader of the Senate until the President submits such …