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2015

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Articles 11851 - 11880 of 14366

Full-Text Articles in Law

How Medicare Part D, Medicaid, Electronic Prescribing, And Icd-10 Could Improve Public Health (But Only If Cms Lets Them), Jennifer L. Herbst Jan 2015

How Medicare Part D, Medicaid, Electronic Prescribing, And Icd-10 Could Improve Public Health (But Only If Cms Lets Them), Jennifer L. Herbst

Health Matrix: The Journal of Law-Medicine

No abstract provided.


"Death Is Different": Limiting Health Care For Death Row Inmates, Michelle Masotto Jan 2015

"Death Is Different": Limiting Health Care For Death Row Inmates, Michelle Masotto

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 25 (2015), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2015

Volume 25 (2015), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care, Dayna Bowen Matthew Jan 2015

Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care, Dayna Bowen Matthew

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Race And Rationing, Rene Bowser Jan 2015

Race And Rationing, Rene Bowser

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Understanding And Addressing The Common Roots Of Racial Health Disparities: The Case Of Cardiovascular Disease And Hiv/Aids In African Americans, Matha E. Lang, Chloe E. Bird Jan 2015

Understanding And Addressing The Common Roots Of Racial Health Disparities: The Case Of Cardiovascular Disease And Hiv/Aids In African Americans, Matha E. Lang, Chloe E. Bird

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Biologic Drugs, Biosimilars, And Barriers To Entry, Joanna M. Shepherd Jan 2015

Biologic Drugs, Biosimilars, And Barriers To Entry, Joanna M. Shepherd

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Public Health Implications Of Religious Exemptions: A Balance Between Public Safety And Personal Choice, Or Religion Gonetoo Far?, Christopher Ogolla Jan 2015

The Public Health Implications Of Religious Exemptions: A Balance Between Public Safety And Personal Choice, Or Religion Gonetoo Far?, Christopher Ogolla

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Defining Compensable Injury In Biomedical Research, Megan E. Larkin Jan 2015

Defining Compensable Injury In Biomedical Research, Megan E. Larkin

Health Matrix: The Journal of Law-Medicine

No abstract provided.


"Don't Have A Cow, Man": Recognizing Herd Share Agreements For Raw Milk, Timothy J. Mayer Jan 2015

"Don't Have A Cow, Man": Recognizing Herd Share Agreements For Raw Milk, Timothy J. Mayer

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Medicaid And Migrant Farmworkers: Why The State Residency Requirement Presents A Significant Access Barrier And What States Should Do About It, Malea Hetrick Jan 2015

Medicaid And Migrant Farmworkers: Why The State Residency Requirement Presents A Significant Access Barrier And What States Should Do About It, Malea Hetrick

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Friedrichs V. California Teachers Association: The American Labor Relations System In Jeopardy, Ann C. Hodges Jan 2015

Friedrichs V. California Teachers Association: The American Labor Relations System In Jeopardy, Ann C. Hodges

Law Faculty Publications

The petitioners in Friedrichs v. California Teachers Association seek to overturn longstanding law relating to union security in the public sector. A decision in favor of the petitioners will invalidate provisions in thousands of collective bargaining agreements covering millions of workers. Additionally, it has the potential to upend the labor relations system in the United States. To understand how this might be the case, this Issue Brief will review the history of union security and the Supreme Court decisions that upheld union security agreements in the public sector. The Issue Brief will then look at the Friedrichs case itself, engaging …


Foreword, J. Amy Dillard Jan 2015

Foreword, J. Amy Dillard

University of Baltimore Law Review

No abstract provided.


Preventing Exploitation And Preserving Autonomy: Making Springing Powers Of Attorney The Standard, John C. Craft Jan 2015

Preventing Exploitation And Preserving Autonomy: Making Springing Powers Of Attorney The Standard, John C. Craft

University of Baltimore Law Review

No abstract provided.


Solving The Problem Of Organ Donation Shortage, Samuel D. Hodge Jr., Nicole Marie Saitta-Gill Jan 2015

Solving The Problem Of Organ Donation Shortage, Samuel D. Hodge Jr., Nicole Marie Saitta-Gill

University of Baltimore Law Review

Organ donation, a medically perfected procedure, affords a second chance at life for many people. Unfortunately, organ transplantation demonstrates the stark reality of supply and demand. Thousands of individuals are added to the transplant list each day, but many more die during the same time frame waiting for new organs. The solution to this dilemma seems simple: increase the supply. This article will discuss several ways to achieve this goal. First, through the HIV Organ Policy Equity Act, which allows for HIV-positive-to-HIV-positive transplants, more transplantable organs will hopefully be available in the future. Second, the supply of organs may increase …


Defining Domain: Higher Education's Battles For Cyberspace, Jacob H. Rooksby Jan 2015

Defining Domain: Higher Education's Battles For Cyberspace, Jacob H. Rooksby

Law Faculty Publications

Juliet famously mused, “What’s in a name? that which we call a rose / By any other word would smell as sweet.” The same cannot be said for Internet domain names. One’s inability to own a specific domain name has delayed product launches, caused companies to change names, and led to disputes with alleged cybersquatters. The utility of domain names has led to a robust secondary market of buyers and sellers, where domain names that encompass generic words, or are comprised of very few letters or numbers, often change hands for hundreds of thousands of dollars, or more. In short, …


The Twilight Zone: Perspectives From A Man On Death Row, Leah Stiegler Jan 2015

The Twilight Zone: Perspectives From A Man On Death Row, Leah Stiegler

Law Student Publications

This interview was conducted through a series of written correspondences between Gerald Dean Cruz and Leah Stiegler, the Allen Chair Editor for Volume 49 of the University of Richmond Law Review. This exchange was reproduced, in excerpts, for the sole purpose of giving readers a rare glimpse into the perspective of a death row inmate.


Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid Jan 2015

Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid

Law Student Publications

This comment argues that, starting with the framework of the federal system, there is a way to reconcile modern concerns about the death penalty with society's need for leverage over those criminals who truly are the worst of the worst-those who present grave threats to society even after incarceration. This reconciliation can be achieved by amending the Federal Death Penalty Act to require prosecutors to establish one additional element before they can secure a capital conviction: future dangerousness of the defendant in prison..


A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth Jan 2015

A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth

Law Student Publications

Since the founding of Jamestown Colony in 1607, few topics in American life and culture have generated as much controversy, both in terms of persistence and volatility, as the death penalty. Foreign policy, economic recessions, and social movements come to the forefront of national discussion in their own respective ebbs and flows. Capital punishment, however, has been a staple of the American criminal justice system since the early inhabiting of the continent, and has remained a permanent vehicle through which we can enact retribution on the most heinous criminal offenders in our society, ridding ourselves of the worst among us.


Richard Prince, Author Of The Catcher In The Rye: Transforming Fair Use Analysis, Brockenbrough A. Lamb Jan 2015

Richard Prince, Author Of The Catcher In The Rye: Transforming Fair Use Analysis, Brockenbrough A. Lamb

Law Student Publications

This comment argues that fair use analysis should be reorganized from a disjointed four-factor morass into a straightforward two-part analysis that incorporates and clarifies the purpose of each of the four factors. Such a structure recognizes the role transformative use plays within the fair use doctrine as a whole. The comment then applies this process to a potential fair use defense for Richard Prince's The Catcher in the Rye.


What’S Worse, Nuclear Waste Or The United States’ Failed Policy For Its Disposal?, Christopher M. Keegan Jan 2015

What’S Worse, Nuclear Waste Or The United States’ Failed Policy For Its Disposal?, Christopher M. Keegan

Law Student Publications

This comment will analyze the SNF ("spent nuclear fuel") problem in the United States and offer recommendations for how to move forward. First, Part I will summarize the path that has led to this impasse. Part II offers recommended solutions on how the United States can develop a workable SNF solution that includes a permanent repository, consolidated intermediate storage, and reprocessing. Finally, this comment will offer its conclusion that the United States should begin the process of establishing a permanent geologic repository for SNF at a location other than Yucca Mountain, create a system of consolidated interim storage to temporarily …


A Corporation’S Securities Litigation Gambit: Fee-Shifting Provisions That Defend Against Fraud-On-The-Market, Steven W. Lippman Jan 2015

A Corporation’S Securities Litigation Gambit: Fee-Shifting Provisions That Defend Against Fraud-On-The-Market, Steven W. Lippman

Law Student Publications

This comment lays out a framework that should allow corporations to strategically defend themselves against frivolous and meritless 10b-5 class action suits invoking Basic's Fraude-on-the-Market ("FOM") presumption of reliance. Part I of this comment discusses the current landscape of securities class action litigation. It explains how and why the suits are initiated and discusses the outcome of Halliburton Co. v. Erica P. John Fund, Inc. (Halliburton II). Part II discusses the framework for the proposition of this comment. It provides a brief history of significant cases and incorporates several recent cases that have opened the door to the possibility of …


Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher Jan 2015

Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher

Law Student Publications

This comment considers recent cases interpreting the Digital Millennium Copyright Act ("DMCA") and urges Congress to expand the protection of service providers through the DMCA safe harbors. The comment proceeds in six parts. Part I explains contributory and vicarious liability, the applicable sections of the DMCA to this comment, and the fair use doctrine. Part II provides a brief overview of video-sharing websites. It further observes the impact that video-sharing websites have had on digital media, focusing on the impact on the music industry. Part III looks at the recent cases interpreting the DMCA's red flag exception to safe harbor …


Nrdc Sues Epa For A Failure To Issue Hazardous Substance Regulations: The End Of A Decades-Long Public Risk In Sight, Jack Morgan Jan 2015

Nrdc Sues Epa For A Failure To Issue Hazardous Substance Regulations: The End Of A Decades-Long Public Risk In Sight, Jack Morgan

Law Student Publications

Currently there are no federal regulations that prevent hazardous substance spills at onshore facilities, such as tank farms, or in communities where a spill of those chemicals could threaten water supplies. On July 21, 2015, the Natural Resources Defense Council (NRDC) filed a complaint on behalf of the Environmental Justice Health Alliance for Chemical Policy Reform (EJHA) and People Concerned About Chemical Safety (PCCS) against EPA and EPA Administrator Gina McCarthy in her official capacity as administrator, in the U.S. District Court for the Southern District of New York. The case has been assigned to Judge Shira A. Sheindlin. The …


Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay Jan 2015

Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay

Law Student Publications

This article seeks to offer a mitigating solution to the educational inequities plaguing Richmond Public Schools--socioeconomic integration and district consolidation. Under this race-neutral school assignment proposal, desegregation efforts are based not on an individual's ethnicity, but socioeconomic status. The proposal seeks to have no more than 50% of a student body receiving free or reduced-price lunch in any one school in the Richmond area. However, because of Richmond Public Schools' existing high poverty rate, no socioeconomic redistricting proposal would be effective without incorporating Richmond's adjacent suburbs- Chesterfield and Henrico counties.


Richard Prince, Author Of The Catcher In The Rye: Transforming Fair Use Analysis, Brockenbrough A. Lamb Jan 2015

Richard Prince, Author Of The Catcher In The Rye: Transforming Fair Use Analysis, Brockenbrough A. Lamb

Law Student Publications

This comment argues that fair use analysis should be reorganized from a disjointed four-factor morass into a straightforward two-part analysis that incorporates and clarifies the purpose of each of the four factors. Such a structure recognizes the role transformative use plays within the fair use doctrine as a whole. This comment then applies this process to a potential fair use defense for Richard Prince's The Catcher in the Rye. Part I provides background information on the relationship between the author, reader, and text as outlined by Roland Barthes, general copyright law, Richard Prince, and the fabulist Jorge Luis Borges. Part …


Who Is Best Suited To Combat Sexual Violence On College Campuses?: An Analysis Of H.B. 1785, Susana Bass Jan 2015

Who Is Best Suited To Combat Sexual Violence On College Campuses?: An Analysis Of H.B. 1785, Susana Bass

Law Student Publications

Virginia House Bill 1785, requiring campus police to notify the Commonwealth's Attorney of any victim-initiated sexual assault investigations, is a positive step forward in helping to combat sexual assault on Virginia college campuses. Under this legislation, victims of sexual assault are much more likely to receive the protection and justice they deserve. Part II of this comment outlines current federal law that intends to address sexual assault on college campus and whether these laws have been effective in preventing sexual assault. Part III details Virginia House Bill 1785 introduced in the 2015 Virginia General Assembly Session to address sexual assault …


A Brief Assessment Of The 25-Year Effect Of The Convention On The Rights Of The Child, Lynne Marie Kohm Jan 2015

A Brief Assessment Of The 25-Year Effect Of The Convention On The Rights Of The Child, Lynne Marie Kohm

Cardozo Journal of International and Comparative Law

The Convention on the Rights of the Child (CRC), despite its widespread adoption by 193 nations, has failed to significantly improve the lives of children globally. While the CRC established important provisions to protect children from exploitation, abuse, and harmful practices, its lack of enforcement mechanisms and reliance on domestic implementation have rendered it ineffective. The Convention's focus on state actors overlooks private human rights violations and cultural challenges, leading to persistent issues such as child trafficking, labor, soldiering, marriage, and genital mutilation. Critics argue that the CRC serves as a facade for governments that continue to abuse children's rights, …


Infiltration Or Immigration: The Legality Of Israeli Immigration Policy Regarding African Asylum Seekers, Eliott Rimon Jan 2015

Infiltration Or Immigration: The Legality Of Israeli Immigration Policy Regarding African Asylum Seekers, Eliott Rimon

Cardozo Journal of International and Comparative Law

The note argues that while Israel has the right to control migration from Africa, its current legal framework for handling refugees and asylum seekers is inadequate and often unconstitutional. It calls for legislative reforms to ensure a just and systematic approach that balances national security with human rights, emphasizing the need for international cooperation to share the refugee burden.


Library Director As Negotiator/Horse Trader: Analysis Two, James S. Heller Jan 2015

Library Director As Negotiator/Horse Trader: Analysis Two, James S. Heller

Library Staff Publications

No abstract provided.