Law Commons^™

Promoting Racial Equity In Health Care: Access And Quality Initiatives At The State Level, Daniel O'Brien

Health Law and Policy Brief

No abstract provided.

Legal And Policy Environment For State-Based Biomedical Research, Jack Schwartz

Health Law and Policy Brief

No abstract provided.

State Initiatives On Health Care Access: Preserving The Fraying Safety Net, Richard A. Millstein, Sarah M. Steverman

Health Law and Policy Brief

No abstract provided.

Where The Action Is: Innovative State Health Care Initiatives, John Sarbanes

Health Law and Policy Brief

No abstract provided.

Letter From The Editors, Georgiana Avramidis, Gabrielle A. Mulnick, Emily K. Strunk, Jennifer Cadena, Meryl Eschen Mills

Health Law and Policy Brief

No abstract provided.

Brief Of Freedom To Read Foundation, Et Al. As Amici Curiae In Support Of Plaintiffs-Appellants And Supporting Reversal, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

Brief Of The National Education Association And Arizona Education Association As Amici Curiae In Support Of Plaintiffs-Appellants, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

Brief For Amici Curiae 48 Public School Teachers In Support Of Appellants' Request For Reversal, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

Investigative Alerts: Smart Policy Or A Way To Skirt Warrants?, Marc D. Falkoff

College of Law Faculty Publications

Chicago’s little-understood “investigative alert” system has been in the news a lot in the past year. It was denounced by an appellate court judge as an “end run” around the Constitution and criticized in a news story as a way to “sidestep” civil liberties protections. “Critics: Police Sidestep Warrants,” Chicago Tribune (March 4, 2013). But what exactly are investigative alerts? Are they constitutional? And if so, are they smart policy?

Brief Of Political Scientists And Historians As Amici Curiae In Support Of Respondent, National Labor Relations Board, Petitioner V. Noel Canning, No. 12-1281, United States Supreme Court (Nov. 25, 2013), David F. Forte, Hadley P. Arkes, Joseph M. Bessette, Nelson Lund, Jeremy A. Rabkin, Ralph A. Rossum

Law Faculty Briefs and Court Documents

The Recess Appointments Clause does not permit the unilateral appointments to the NLRB made by the President in this case. Those appointments - made during a three-day “intra-session” break when the Senate was meeting pro forma - are unique in the history of the Republic. They are also the culmination of unnecessary and inappropriate Executive overreaching. This overreaching has undermined a valuable Senate prerogative in a manner unfathomable to the Founders and inconsistent with the design of the Constitution.

The primary purpose of this brief is to show that adhering to the original meaning of the Recess Appointments Clause has …

Brief Of Authors Rodolfo Acuña, Bill Bigelow, Richard Delgado, And Jean Stefancic As Amici Curiae In Support Of Appellants, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

Amici Curiae Brief On Behalf Of Chief Earl Warren Institute On Law And Social Policy, And The Anti-Defamation League, In Support Of Plaintiffs-Appellants, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

Brief Of Amicus Curiae Latina And Latino Critical Legal Theory, Inc. Supporting Plaintiffs-Appellants Urging Reversal, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

Effects Of A Professional Sports Lockout On A Regional Economy, Brandyn Hinnrichs

Honors Theses

No abstract provided.

Williams V. Board Of County Commissioners Of Missoula County, Ross Keogh

Public Land & Resources Law Review

The Montana Supreme Court affirmed the Fourth Judicial District Court’s holding that Montana Code Annotated § 76-2-205(6) was an unconstitutional delegation of legislative power. The statute contains a “protest provision” which enabled landowners owning 50% of the property taxed as forest or agriculture to stop zoning decisions. The case resulted from efforts by Missoula County to zone land north of Lolo to address public health and safety concerns posed by gravel mining, and asphalt production operations, proposed by Liberty Cove, Inc. The Court also found the protest provision of the statute severable from the general zoning power.[1]

[1] Williams, …

Symposium - The U.S.-Iranian Relationship And The Future Of International Order

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman

Scholarly Articles

The appeal to the Supreme Court in Petrella v. Metro-Goldwyn-Mayer deals with the equitable defense of plaintiff’s laches before suing for copyright infringement. Laches is unreasonable and prejudicial delay. MGM allegedly violated plaintiff’s copyright repeatedly over a period of many years; the statute of limitations has not run on the most recent violations. Plaintiff argues that laches should never apply to a cause of action with a statute of limitations. Defendant argues that laches should bar all relief if defendant relied on plaintiff’s failure to sue earlier, without having to match defendant’s reliance to the remedies plaintiff seeks.

This scholars’ …

Websites With Free Legal Information, Patricia Morgan

UF Law Faculty Publications

No abstract provided.

Boyd Briefs - Nov. 21, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

125 Alumni Of Distinction Dinner: List Of Honorees, Iit Chicago-Kent College Of Law

125th Anniversary Materials

List of 125 Chicago-Kent alumni honored at the Alumni of Distinction Dinner on November 21, 2013.

Using Social Media In Rulemaking: Possibilities And Barriers, Michael E. Herz

Online Publications

“Web 2.0” is characterized by interaction, collaboration, non-static web sites, use of social media, and creation of user-generated content. In theory, these Web 2.0 tools can be harnessed not only in the private sphere but as tools for an e-topia of citizen engagement and participatory democracy. Notice-and-comment rulemaking is the pre-digital government process that most approached (while still falling far short of) the e-topian vision of public participation in deliberative governance. The notice-and-comment process for federal agency rulemaking has now changed from a paper process to an electronic one. Expectations for this switch were high; many anticipated a revolution that …

November 20, 2013: God Is Not A Supernatural Thing, Bruce Ledewitz

Hallowed Secularism

Blog post, “God is not a Supernatural Thing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Carcieri: Bringing Certainty To Trust Land Acquisitions, Kevin Washburn

Faculty Scholarship

No abstract provided.

Ndls Update 11/19/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Medicaid Home- And Community-Based Services Programs Enacted By The Aca: Expanding Opportunities One Step At A Time, Carol O'Shaughnessy

National Health Policy Forum

The Patient Protection and Affordable Care Act of 2010 (ACA) enacted the most significant opportunities for optional state expansion of Medicaid-financed home- and community-based services (HCBS) since 1981, when Congress enacted the section 1915(c) waiver program. Three of the ACA provisions, the Balancing Incentive Program (BIP), the Community First Choice (CFC) state plan option, and the health home state plan option, offer states enhanced federal Medicaid matching funds as long as they meet federal requirements. The ACA also expanded two HCBS programs established under the Deficit Reduction Act of 2005 (DRA) by extending the Money Follows the Person (MFP) Rebalancing …

Medicaid Home- And Community-Based Services Programs Enacted By The Aca: Expanding Opportunities One Step At A Time, Carol O'Shaughnessy

National Health Policy Forum

The Patient Protection and Affordable Care Act of 2010 (ACA) enacted the most significant opportunities for optional state expansion of Medicaid-financed home- and community-based services (HCBS) since 1981, when Congress enacted the section 1915(c) waiver program. Three of the ACA provisions, the Balancing Incentive Program (BIP), the Community First Choice (CFC) state plan option, and the health home state plan option, offer states enhanced federal Medicaid matching funds as long as they meet federal requirements. The ACA also expanded two HCBS programs established under the Deficit Reduction Act of 2005 (DRA) by extending the Money Follows the Person (MFP) Rebalancing …

The Tobacco Diaries: Lessons Learned And Applied To Regulation Of Dietary Supplements, Joanna K. Sax

Faculty Scholarship

This Article examines the future role of the FDA in the regulation of the dietary supplement industry. To address the role of the FDA in the twenty-first century with respect to the dietary supplement industry, Part I of this Article begins by describing the dietary supplement industry and the role of the FDA in this industry. In Part II, this Article provides a brief exposé of the tactics used by the tobacco industry to evade regulation. The purpose of Part II is to provide insight into the tobacco industry’s ability to manipulate consumers and discount scientific proof of the harmful …

The Present And Future Impact Of Virtual Currency, Hearing Before The Senate Committee On National Security And International Trade And Finance, Subcommittee On Banking, Housing, And Urban Affairs, 113th Congress, Sarah Jane Hughes

Public Testimony by Maurer Faculty

No abstract provided.

Implementing The Prison Rape Elimination Act: A Toolkit For Jails, Brenda V. Smith, Dr. Gary Dennis, Susan W. Mccampbell, Michael S. Mccampbell, Elizabeth Price Layman, Caleb Asbridge, Rachel Bosley, Andie Moss, Jeff Shorba, Shaina Vanek, Jaime Yarussi, American Jail Association, National Institute Of Corrections' Large Jail Network, Nationa Sheriff's Association, American Correctional Association, Larry Cook, Dr. Robert Decomo, Jim Dennis, Nancy Deferrari, John Delaney, Timothy Fay, Diahann Frazier, David Gaspar, Quandara Grant, Dee Halley, Jamey Kessinger, Calvin King, Shawn Laughlin, Andrew Nunnally, Debra Oliver-Hammons, Steven Pizzala, Lisa Plowman, Gayle Ray, Larry Reynolds, Gwyn Smith-Ingley, Chris Sweney, Wynnie Testamark-Samuels, Janie Vergakis, Gregory Winston, Berry Zeeman

Presentations

Minor edits. “The goal of this Toolkit is to provide jails of all sizes, political divisions, and geographic locations with a step-by-step guide for preventing, detecting, and eliminating sexual abuse of inmates in their custody – and for responding effectively to abuse when it occurs. Prison rape includes all forms of inmate sexual abuse within a correctional facility, including state and federal prisons, county and municipal jails, police lock-ups, holding facilities, inmate transportation vehicles, juvenile detention facilities, and community corrections facilities. Protecting arrestees, detainees, and inmates from sexual violence is part of a jail’s core mission. This toolkit will help …

3 Housing Riddles For De Blasio, David Reiss

Cornell Law Faculty Publications

No abstract provided.