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Articles 181 - 206 of 206
Full-Text Articles in Law
The Hunt For Noncitizen Voters, Fatma E. Marouf
Insights From A National Conference: "Conflicts Of Interest In The Practice Of Medicine", David Orentlicher
Insights From A National Conference: "Conflicts Of Interest In The Practice Of Medicine", David Orentlicher
Scholarly Works
No abstract provided.
Rights To Health Care In The United States: Inherently Unstable, David Orentlicher
Rights To Health Care In The United States: Inherently Unstable, David Orentlicher
Scholarly Works
No abstract provided.
Toward Acceptance Of Uterus Transplants, David Orentlicher
Toward Acceptance Of Uterus Transplants, David Orentlicher
Scholarly Works
No abstract provided.
Guaranteeing The Rights Of Public Employees, Ann C. Mcginley, Kenneth Dau-Schmidt
Guaranteeing The Rights Of Public Employees, Ann C. Mcginley, Kenneth Dau-Schmidt
Scholarly Works
In this Essay, Professors Ann McGinley and Kenneth G. Dau-Schmidt introduce the important issues to be examined in this Symposium Issue examining the erosion of rights guaranteed to public employees by recent state legislation.
Introduction: Lawyers As Conservators?, Joan W. Howarth
Introduction: Lawyers As Conservators?, Joan W. Howarth
Scholarly Works
This Symposium reminds us of our most important work, to protect legal institutions and the rule of law, and asks this most provocative question: Will 21st Century Business, Regulatory, and Educational Challenges Destroy the Lawyer's Role As Guardian of Legal Institutions and the Rule of Law?To some Symposium participants, the question posed is too dystopian. Is survival of the rule of law really at stake? For others, the Symposium question suggests a prior, even darker one: How can we conserve what is already lost? How, indeed, will we conserve legal institutions and the role of law? Are we, as lawyers, …
Professor John "Jack" Apol, 1941-2012: In Memoriam, Joan W. Howarth
Professor John "Jack" Apol, 1941-2012: In Memoriam, Joan W. Howarth
Scholarly Works
No abstract provided.
Introduction: Masculinities, Multidimensionality, And Law: Why They Need One Another, Ann C. Mcginley, Frank Rudy Cooper
Introduction: Masculinities, Multidimensionality, And Law: Why They Need One Another, Ann C. Mcginley, Frank Rudy Cooper
Scholarly Works
No abstract provided.
Resolving The Ip Disconnect For Small Businesses, Leah Chan Grinvald
Resolving The Ip Disconnect For Small Businesses, Leah Chan Grinvald
Scholarly Works
Small businesses are an important component of the American economy. In fact, the jobs created by small businesses could assist the United States in overcoming its most recent economic downturn. Paradoxically, though, the failure rate of small businesses is quite high. Although various factors contribute to this high failure rate, one of the factors the U.S. government has focused on has been the disproportionate impact that intellectual property laws, policies, and their enforcement may have on small businesses. While the U.S. government has paid attention to the impact of domestic intellectual property laws on small businesses, the government has paid …
The Second-Class Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan
The Second-Class Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan
Scholarly Works
Courts apply to wage rights cases an aggressive scrutiny that not only disadvantages low-wage workers, but is fundamentally incorrect on the law. Rule 23 class actions automatically cover all potential members if the court grants plaintiffs’ class certification motion. But for certain employment rights cases – mainly wage claims but also age discrimination and gender equal pay claims – 29 U.S.C. § 216(b) allows not class actions but “collective actions” covering just those opting in affirmatively. Courts in collective actions assume a gatekeeper role as they do in Rule 23 class action, disallowing many actions by requiring a certification motion …
Initial Impressions: Trademark Protection For Abbreviations Of Generic Or Descriptive Terms, Mary Lafrance
Initial Impressions: Trademark Protection For Abbreviations Of Generic Or Descriptive Terms, Mary Lafrance
Scholarly Works
No abstract provided.
Further Support For Mental Health Parity Law And Mandatory Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino
Further Support For Mental Health Parity Law And Mandatory Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino
Scholarly Works
In this Article, I provide additional support for my recent proposal* to extend federal mental health parity law and mandatory mental health and substance use disorder benefits to all public healthcare program beneficiaries and private health plan members. I begin by examining health-related doctrine outside the context of mental health insurance law, including disability discrimination law, civil rights and human rights law, health information confidentiality law, healthcare reform law, and child and adult health and welfare law, and I find that not one of these laws provides inferior legal protections or benefits for individuals with mental illness. I also analyze …
All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Stacey A. Tovino
All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Stacey A. Tovino
Scholarly Works
This Article is the second, and most important, installment in a three-part series that presents a comprehensive challenge to lingering legal distinctions between physical and mental illness. The basic impetus for this historical, medical, and legal project is a belief that there exists no rational or consistent method of distinguishing physical and mental illness in the context of health insurance law. The first installment in this series narrowly inquired as to whether a particular set of disorders, the postpartum mood disorders, are or should be classified as physical or mental illnesses in a range of health law contexts.* This second …
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport
Scholarly Works
This essay argues that discussions of educational reform in U.S. law schools have suffered from a fundamental misconception: that the education provided in all of the American Bar Association-accredited schools is roughly the same. A better description of the educational opportunities provided by ABA-accredited law schools would group the schools into three rough clusters: the “elite” law schools, the modal (most frequently occurring) law schools, and the precarious law schools. Because the elite law schools do not need much “reforming,” the better focus of reform would concentrate on the modal and precarious schools; however, both elite and modal law schools …
The “Ethical” Surplus Of The War On Illegal Immigration, Francis J. Mootz Iii, Leticia M. Saucedo
The “Ethical” Surplus Of The War On Illegal Immigration, Francis J. Mootz Iii, Leticia M. Saucedo
Scholarly Works
The Aristotelian philosopher, Gene Garver, suggests that rhetorical claims have an "ethical surplus" that extends beyond the specific claim being advanced at the moment. This follows from the fact that rhetoric includes not only logos, but also pathos and ethos. We adopt the thesis of "ethical surplus," but in a negative context. The "war on illegal immigration" has generated an ethical surplus that leads its promoters beyond the specific claim of securing borders against unlawful entry. After demonstrating that there is an express rhetoric of "war" used in connection with Arizona's adoption of recent anti-immigrant legislation, we explore …
A Proposal For Comprehensive And Specific Essential Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino
A Proposal For Comprehensive And Specific Essential Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino
Scholarly Works
This Article analyzes the initial efforts of the Federal Department of Health and Human Services to implement the essential mental health and substance use disorder services benefit required by section 1302(b)(1)(E) of the Affordable Care Act and proposes the adoption of a comprehensive and specific essential mental health and substance use disorder benefit set. At a minimum, the benefit set should cover medically necessary and evidence-based inpatient and outpatient mental healthcare services, inpatient substance abuse detoxification services, inpatient and outpatient substance abuse rehabilitation services, emergency mental healthcare services, prescription drugs for mental health conditions, participation in psychiatric disease management programs, …
Fidelity To Law And The Moral Pluralism Premise, Katherine R. Kruse
Fidelity To Law And The Moral Pluralism Premise, Katherine R. Kruse
Scholarly Works
In Fidelity to Law, Wendel presents and defends a comprehensive theory of legal ethics with two interrelated arguments: a functional argument that law deserves respect because of its capacity to settle normative controversy in a morally pluralistic society; and a normative argument that law deserves respect because democratic lawmaking processes respect the equality and dignity of citizens. This review essay questions Wendel’s move from the premise of moral pluralism to his conclusion that the function of law is to settle normative controversy in society on both practical and theoretical grounds. Practically, it argues that law lacks the capacity to …
Originalist Ideology And The Rule Of Law, Ian C. Bartrum
Originalist Ideology And The Rule Of Law, Ian C. Bartrum
Scholarly Works
This essay contends that one of the basic tenets of the "New Originalism" -- the so-called "contribution thesis" -- compromises our underlying commitment to the rule of law. By locating some binding substantive content of constitutional language in a historical record beyond the text itself, originalism undermines the fundamental concepts of formal legality and public accessibility. With these issues in mind, the essay concludes that originalism is not a philosophical account of how the Constitution has meaning in our legal system, but is instead a judicial ideology intended to promote the constitutional policy judgments of an earlier generation.
Gat, Solvay, And The Centralization Of Patent Litigation In Europe, Marketa Trimble
Gat, Solvay, And The Centralization Of Patent Litigation In Europe, Marketa Trimble
Scholarly Works
No abstract provided.
Death Penalty Without A Hearing? How The Nevada Supreme Court's Decision In Bahena V. Goodyear Incorrectly Defines Discovery Sanctions And Denies Due Process To Civil Litigants, Jonathan J. Winn
Nevada Law Journal
No abstract provided.
The Paradox And Promise Of Restorative Attorney Discipline, Jennifer Gerarda Brown, Liana G.T. Wolf
The Paradox And Promise Of Restorative Attorney Discipline, Jennifer Gerarda Brown, Liana G.T. Wolf
Nevada Law Journal
No abstract provided.
"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan
"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan
Nevada Law Journal
No abstract provided.
Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel
Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel
Nevada Law Journal
No abstract provided.
The Promise Of Client-Centered Professional Norms, Katherine R. Kruse
The Promise Of Client-Centered Professional Norms, Katherine R. Kruse
Nevada Law Journal
No abstract provided.
Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel
Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky, Scott R. Grubman
I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky, Scott R. Grubman
Nevada Law Journal
No abstract provided.