Law Commons^™

Let Fifty Flowers Bloom: Health Care Federalism After National Federation Of Independent Business V. Sebelius, Ann Marie Marciarille

Faculty Works

Conventional wisdom is that the American public does not want to think too long or too hard about Medicaid. Medicaid’s reputation has long been big, complicated, and widely misunderstood. The 2012 presidential election campaign has been much about Medicaid, but Medicaid is a subject we love to talk around. Yet, our next president will be compelled to think and speak explicitly and fluently about Medicaid because Medicaid is the budget-buster of government funded health insurance. Its budget busting propensities are most pronounced at the intersection of Medicaid and the government-funded health insurance program we do love to discuss: Medicare.

This …

Executive Compensation: In Culture Of Greed And Selfishness, Is There Room For Theory Of "Enough", Robert C. Downs

Faculty Works

No abstract provided.

'How's My Doctoring?' Patient Feedback's Role In Assessing Physician Quality, Ann Marie Marciarille

Faculty Works

A society-wide consumer revolution is underway with the rise of online user-generated review websites such as Yelp, Angie’s List, and Zagat. Service provider reviews are now available with an intensity and scope that attracts increasing numbers of reviewers and readers. Health care providers are not exempt from this new consumer generated scrutiny though they have arrived relatively late to the party and as somewhat unwilling guests.

The thesis of this article is that online patient feedback on physicians is relevant and valuable even though it is also uncomfortable for health care providers. This is because the modern physician-patient relationship is …

The Right To Silence In The Hague International Criminal Courts, Mark Berger

Faculty Works

The War Crimes Tribunals and the International Criminal Court were established as international judicial institutions charged with the task of prosecuting individuals responsible for committing such human rights offenses as genocide, crimes against humanity, grave breaches of the 1949 Geneva Conventions, and violations of the laws or customs of war. These judicial bodies function in much the same way as domestic criminal courts and as such they have had to balance the institutional goal of prosecuting human rights offenders with the need to respect appropriate limits on the exercise of their authority. This article explores how that balance has been …

The Challenge Of Optimism And Complexity: Inadequately Addressed By The Fcic's Report, Timothy E. Lynch

Faculty Works

No abstract provided.

The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski

Faculty Works

In this Article, we argue that the Supreme Court should route most Federal Rules of Civil Procedure issues through the notice-and-comment rulemaking process of the Civil Rules Advisory Committee instead of issuing judgments in adjudications, unless the case can be resolved solely through the deployment of traditional tools of statutory construction. While we are not the first to express a preference for rulemaking on civil procedure issues, we advance the position in four significant ways. First, we argue that the Supreme Court in the civil procedure arena is vested with powers analogous to most administrative agencies. Second, building upon this …

Posner’S Pragmatism And The Turn Toward Fidelity, Edward Cantu

Faculty Works

It is no secret that formalist methodologies like originalism are not nearly as scientific as they pretend to be. Banking on this fact, pragmatism offers a prescriptive alternative: instead of expending intellectual energy attempting “fidelity” to antecedent “authority” (precedent, Framers’ intent, etc.) judges should embrace their inevitable roles as de facto policy makers, and focus on producing the best social results they can through the cases they decide. This article discusses the current state of legal pragmatism, with a focus on the archetypal species espoused by Judge Richard Posner, and asks whether it has proven itself capable of contributing anything …

Maximizing Health Care Enrollment Through Seamless Coverage For Families In Transition: Current Trends And Policy Implications, Ann Marie Marciarille, Ken Jacobs, Laurel Lucia, Ann O’Leary

Faculty Works

The Affordable Care Act (ACA) builds on the employment-based health insurance system which is the bedrock of health insurance coverage for most Americans. When these Americans experience a change in their work or family lives, they are at risk for losing their job-based health insurance coverage. The health insurance exchanges established by the ACA provide an unprecedented opportunity to address one of the major sources of gaps in health insurance coverage: transitions in life that result in the loss of health insurance. The uninsured population is not static. Many people who are uninsured cycle in and out of coverage over …

Women In Legal Education Section, Elizabeth Defeis

UMKC Law Review

Elizabeth Defeis shares the history and her own experiences with The Women in Legal Education (WLE) Section of the AALS.

1992: A Year Of Women, Bravery, And Growth, Karen Czapanskiy

UMKC Law Review

No abstract provided.

An Unexpected Chair, Elizabeth Nowicki

UMKC Law Review

No abstract provided.

A Section Memoir, Patricia Cain

UMKC Law Review

Patricia Cain discusses her experiences as a member and as Chair of the Women in Legel Education Section of the AALS.

The Aals Section On Women In Legal Education: The Past And The Future, Elizabeth M. Schneider

UMKC Law Review

Elizabeth Schneider discusses her experiences as a member and as chair of the Women in Legal Education Section of the AALS and the importance of reflection on the history of the Section.

Women In Legal Education Iii, Marina Angel

UMKC Law Review

Marina Angel shares her experiences with the Association of American Law Schools ("AALS") Section on Women in Legal Education. The first part of this article discusses her experience with the Section prior to becoming Chair, followed by a discussion of her experiences directly related to chairing the Section, and recommendations for future officers of the Section.

Introduction: Reflections Of Women In Legal Education: Stories From Four Decades Of Section Chairs, Linda Jellum, Nancy Levit

UMKC Law Review

An introduction is presented in which the editors discuss stories of women legal educators, who have served as Chair of the Association of American Law Schools' (AALS) Women in Legal Education Section in the U.S. and what that service meant to them over the years.

Reflections From An Era Of Breaking Glass - 1984-1998, Laura Rothstein

UMKC Law Review

No abstract provided.

Regaining Momentum, Pat K. Chew

UMKC Law Review

No abstract provided.

Will Gene Patents Derail The Next-Generation Of Genetic Technologies?: A Reassessment Of The Evidence Suggests Not, Christopher M. Holman

UMKC Law Review

Judge Bryson recently asserted in Association for Molecular Pathology v. US Patent and Trademark Office (dissenting-in-part) that human gene patents "present a significant obstacle to the next generation of innovation in genetic medicine — multiplex tests and whole-genome sequencing." His concern over the impact of gene patents on genetic testing, which coincides with his position that certain gene patents should be declared patent ineligible, reflects a widely held misperception that 20% of human genes are patented in a manner that would necessarily result in infringement by whole genome sequencing and other forms of genetic testing. In fact, the myth that …

Memory Or Imagination: Reflections On The Section On Women In Legal Education, Joyce E. Mcconnell

UMKC Law Review

No abstract provided.

The Gendered Aspects Of Social Justice Work And Occupational Segregation In The Legal Academy: A Review Of 2003, Barbara Cox

UMKC Law Review

No abstract provided.

The Good, The Bad, And The Ugly, Lisa R. Pruitt

UMKC Law Review

No abstract provided.

Gender Integration And The Legal Academy: The Role Of The Aals Section On Women In Legal Education, Stephanie M. Wildman

UMKC Law Review

No abstract provided.

The Path Of Women In The Legal Academy: Gender, Race, And Culture, Melissa Tatum

UMKC Law Review

No abstract provided.

Aals Section On Women In Legal Education Reflections: 2002-2011, Danne L. Johnson

UMKC Law Review

No abstract provided.

Will Grassroots Democracy Solve The Government Fiscal Crisis?, Julie M. Cheslik

Faculty Works

No abstract provided.

Still Disconnected: Current Failures Of Statutory Approaches To Bullying Prevention In Schools, Daniel B. Weddle

Faculty Works

No abstract provided.

Reforming Immigration Law To Allow More Foreign Student Entrepreneurs To Launch Job Creating Ventures In The United States, Anthony J. Luppino, John Norton, Malika Simmons

Faculty Works

This paper outlines some of the barriers that foreign student entrepreneurs face, and describes how a somewhat expanded version of bipartisan legislation along the lines of the Startup Act 2.0 (S. 3217 or the Startup Act), cosponsored by Senators Jerry Moran (R-KS), Mark Warner (D-VA), Marco Rubio (R-FL), Chris Coons (D-DE), Roy Blunt (R-MO), and Scott Brown (R-MA), would help to address some of these roadblocks. The Startup Act, which has also been introduced in the House of Representatives on a bipartisan basis, as discussed below, would create a new conditional permanent resident status opportunity for foreign students who hold …

Do Police Learn From Lawsuit Data?, Randall K. Johnson

Faculty Works

A compelling new theory argues that lawsuit data collection has a deterrent effect on police misconduct. If this theory is correct, why has the number of police misconduct cases still increased over time? Does the trend continue if police departments consistently gather lawsuit data? A § 1983 dataset, which is introduced in this paper, provides an answer. This dataset shows that lawsuit data collection does not correlate with better deterrence of § 1983 cases. The dataset therefore indicates that police departments may not learn from lawsuit data.

Lessons Learned About Classroom Teaching From Authoring Computer-Assisted Instruction Lessons, Barbara Glesner Fines

Faculty Works

No abstract provided.

Adopting Accountable Care Through The Medicare Framework, Barbara Zabawa, Louise G. Trubek, Felice Borisey-Rudin

Faculty Works

The Patient Protection and Affordable Care Act of 2010 (PPACA) attempts to provoke change in the status quo in American health care delivery and payment. PPACA created two programs, the Medicare Shared Savings Program (MSSP) and the Pioneer ACO model, which work to bring the concept of Accountable Care Organizations (ACOs) to the Medicare program. At its core, accountable care matches payment for care with performance-based measures, a bold move away from current volume-based models. The paper makes the case that the Medicare-based programs serve as a suitable launch pad for the accountable care movement. The paper explores the emergence …