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Articles 571 - 600 of 14368
Full-Text Articles in Law
A New Must Of The Public Trust: Modifying Wisconsin’S Public Trust Doctrine To Accommodate Modern Development While Still Serving The Doctrine’S Essential Goals, Evann D.S. Derus
A New Must Of The Public Trust: Modifying Wisconsin’S Public Trust Doctrine To Accommodate Modern Development While Still Serving The Doctrine’S Essential Goals, Evann D.S. Derus
Marquette Law Review
“It is not the law, as we view it, that the state, represented by its Legislature, must forever be quiescent in the administration of the trust doctrine, to the extent of leaving the shores of Lake Michigan in all instances in the same condition and contour as they existed prior to the advent of the white civilization in the territorial area of Wisconsin.”
Resurrecting Health Care Rate Regulation, Erin C. Fuse Brown
Resurrecting Health Care Rate Regulation, Erin C. Fuse Brown
Faculty Publications By Year
Our excess health care spending in the United States is driven largely by our high health care prices. Our prices are so high because they are undisciplined by market forces, in a health care system rife with market failures, which include information asymmetries, noncompetitive levels of provider market concentration, moral hazard created by health insurance, multiple principal-agent relationships with misaligned incentives, and externalities from unwarranted price variation and discrimination. These health care market failures invite a regulatory solution. An array of legal and policy solutions are typically advanced to control our health care prices and spending, including: (1) market solutions …
The Difficulties Of Democratic Mercy, Aziz Huq
The Use And Misuse Of Patent Licenses, Jonathan Masur
Toward A Pigouvian State, Jonathan Masur, Eric A. Posner
Toward A Pigouvian State, Jonathan Masur, Eric A. Posner
Articles
No abstract provided.
Criminal Law, Bernadette C. Crucilla
Criminal Law, Bernadette C. Crucilla
Mercer Law Review
The dynamic nature of criminal law is a result of the ongoing struggle between those who prosecute individuals charged with crimes and those who defend them. It is, therefore, not practical to try to include every change in criminal law occurring during a particular survey period. I have sifted through the cases and statutory amendments from June 1, 2014 through May 31, 2015 and selected those with the widest application or interest to criminal law practitioners.
Business Associations, Crystal J. Clark
Business Associations, Crystal J. Clark
Mercer Law Review
This Article surveys notable cases in the areas of corporate, limited liability company, partnership, agency, and joint venture law decided between June 1, 2014 and May 31, 2015 by the Georgia Supreme Court, the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia.
Local Government Law, Ken E. Jarrard
Legal Ethics, Patrick Emery Longan
Legal Ethics, Patrick Emery Longan
Mercer Law Review
This survey covers a two-year period from June 1, 2013 to May 31, 2015. The Article discusses noteworthy Georgia appellate cases concerning attorney discipline, disqualification, ineffective assistance of counsel, judicial ethics, and legal malpractice. The Article also discusses two significant opinions from the Formal Advisory Opinion Board, amendments to the Georgia Rules of Professional Conduct, and several recent miscellaneous cases involving legal ethics in Georgia.
Real Property, Linda S. Finley
Real Property, Linda S. Finley
Mercer Law Review
A review of the survey of real property law for the last several years shows an evolution of topics. One year the creation of the Georgia Fair Lending Act, and the duties that new legislation placed upon attorneys and lenders was a critical topic; the following year (and the next), the topic of interest was how title to church property is determined when a congregation splits. For the last few years, the downturn in the Georgia and national economy, and the protection of consumers under foreclosure laws and from the unauthorized practice of law, have seen both judicial and legislative …
Doric Columns Are Not Falling: Wedding Cakes, The Ministerial Exception, And The Public-Private Distinction, James M. Oleske Jr.
Doric Columns Are Not Falling: Wedding Cakes, The Ministerial Exception, And The Public-Private Distinction, James M. Oleske Jr.
Maryland Law Review
No abstract provided.
Neuro Lie Detection And Mental Privacy, Madison Kilbride, Jason Iuliano
Neuro Lie Detection And Mental Privacy, Madison Kilbride, Jason Iuliano
Maryland Law Review
New technologies inevitably raise novel legal questions. This is particularly true of technologies, such as neuro lie detection, that offer new ways to investigate crime. Recently, a number of scholars have asked whether neuro lie detection testing is constitutional. So far, the debate has focused on the Fifth Amendment—specifically whether evidence gathered through neuro lie detection is constitutionally admissible because it is “physical” in nature or inadmissible because it is “testimonial” in nature. Under current Supreme Court doctrine, this Fifth Amendment debate is intractable. However, the more fundamental question of whether the government can compel individuals to undergo a neuro …
Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State, Maxwell O. Chibundu
Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State, Maxwell O. Chibundu
Maryland Law Review
No abstract provided.
Universal Arguments And Particular Arguments On Abortion Rights, Stuart Chinn
Universal Arguments And Particular Arguments On Abortion Rights, Stuart Chinn
Maryland Law Review
No abstract provided.
The Right To Same-Sex Marriage: Formalism, Realism, And Social Change In Lawrence (2003), Windsor (2013), & Obergefell (2015), Ronald Kahn
Maryland Law Review
No abstract provided.
Privacy, Police Power, And The Growth Of Public Power In The Early Twentieth Century: A Not So Unlikely Coexistence, Carol Nackenoff
Privacy, Police Power, And The Growth Of Public Power In The Early Twentieth Century: A Not So Unlikely Coexistence, Carol Nackenoff
Maryland Law Review
No abstract provided.
A Conceptual Disaster Zone Indeed: The Incoherence Of The State And The Need For State Action Doctrine(S), Brookes Brown
A Conceptual Disaster Zone Indeed: The Incoherence Of The State And The Need For State Action Doctrine(S), Brookes Brown
Maryland Law Review
No abstract provided.
In Praise Of Bill Reynolds And Paul Blair, William M. Richman
In Praise Of Bill Reynolds And Paul Blair, William M. Richman
Maryland Law Review
No abstract provided.
Martin Luther King, Jr. Lecture - "A Love Supreme", Gregory S. Parks
Martin Luther King, Jr. Lecture - "A Love Supreme", Gregory S. Parks
Villanova Law Review (1956 - )
No abstract provided.
The New Road To Serfdom: The Curse Of Bigness And The Failure Of Antitrust, Carl T. Bogus
The New Road To Serfdom: The Curse Of Bigness And The Failure Of Antitrust, Carl T. Bogus
University of Michigan Journal of Law Reform
This Article argues for a paradigm shift in modern antitrust policy. Rather than being concerned exclusively with consumer welfare, antitrust law should also be concerned with consolidated corporate power. Regulators and courts should consider the social and political, as well as the economic, consequences of corporate mergers. The vision that antitrust must be a key tool for limiting consolidated corporate power has a venerable legacy, extending back to the origins of antitrust law in early seventeenth century England, running throughout American history, and influencing the enactment of U.S. antitrust laws. However, the Chicago School’s view that antitrust law should be …
Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, Jessica Mantel
Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, Jessica Mantel
University of Michigan Journal of Law Reform
With Medicare’s rising costs threatening the country’s fiscal health, policymakers have focused their attention on a primary cause of Medicare’s high price tag—the overtreatment of patients. Guided by professional norms that demand they do “everything possible” for their patients, physicians frequently order additional diagnostic tests, perform more procedures, utilize costly technologies, and provide more inpatient care. Much of this care, however, does not improve Medicare patients’ health, but only increases Medicare spending. Reducing the overtreatment of patients requires aligning physicians’ interests with the government’s goal of spending Medicare’s dollars wisely. Toward that end, recent Medicare payment reforms establish a range …
An Administrative Stopgap For Migrants From The Northern Triangle, Collin Schueler
An Administrative Stopgap For Migrants From The Northern Triangle, Collin Schueler
University of Michigan Journal of Law Reform
From 2011–2014, the United States Department of Homeland Security recorded an extraordinary increase in the number of unaccompanied children arriving at the southern border from Central America’s “Northern Triangle”—the area made up of El Salvador, Guatemala, and Honduras. In fact, in fiscal year 2014, United States Customs and Border Protection apprehended over 50,000 unaccompanied children from the Northern Triangle. That is thirteen times more than just three years earlier. This Article examines the intersecting humanitarian and legal crises facing these children and offers an administrative solution to the problem. The children are fleeing a genuine humanitarian crisis—a region overrun by …
Adopting The Gay Family, Cynthia Godsoe
Energy-Environment Policy Alignments, Todd S. Aagaarad
Energy-Environment Policy Alignments, Todd S. Aagaarad
Washington Law Review
Energy law focuses on making energy widely available at reasonable cost, and environmental law focuses on preventing pollution. As a result of these differences in their respective orientations, the two fields often work incoherently and even in conflict. Historically, federal energy law and environmental law have attempted to manage their interrelationships by imposing negative constraints on each other: Energy policies of the Federal Energy Regulatory Commission (FERC) must comply with requirements set forth in environmental statutes, and the Environmental Protection Agency’s (EPA’s) statutes contain energy-related requirements and exemptions. More recently, however, FERC and EPA have begun developing policies that create …
Dealing With Ocean Acidification: The Problem, The Clean Water Act, And State And Regional Approaches, Robin Kundis Craig
Dealing With Ocean Acidification: The Problem, The Clean Water Act, And State And Regional Approaches, Robin Kundis Craig
Washington Law Review
Ocean acidification is often referred to as climate change’s “evil twin.” As the global ocean continually absorbs much of the anthropogenic carbon dioxide produced through the burning of fossil fuels, its pH is dropping, causing a plethora of chemical, biological, and ecological impacts. These impacts immediately threaten local and regional fisheries and marine aquaculture; over the long term, they pose the risk of a global mass extinction event. As with climate change itself, the ultimate solution to ocean acidification is a worldwide reduction in carbon dioxide emissions. In the interim, however, environmental groups such as the Center for Biological Diversity …
The Unwilling Donor, Jennifer Mueller
The Unwilling Donor, Jennifer Mueller
Washington Law Review
For nearly forty years, the Supreme Court has evaluated campaign finance restrictions by weighing the First Amendment burden they place on a donor eager to engage the political process against the government’s interest in avoiding corruption of that process. Most recently, in McCutcheon v. FEC, the Court struck down aggregate contribution limits, allowing donors to give—and candidates and parties to solicit—millions of dollars directly to candidates, parties, and political action committees. Yet what should have been a significant victory for big donors was greeted with dismay by many of the same. There is growing evidence that the story we …
New Directions In Protest Policing, Edward R. Maguire
New Directions In Protest Policing, Edward R. Maguire
Saint Louis University Public Law Review
No abstract provided.
Methodology And Misdirection: Custom And The Icj, Harlan G. Cohen
Methodology And Misdirection: Custom And The Icj, Harlan G. Cohen
Popular Media
Associate Professor Harlan G. Cohen published "Methodology and Misdirection: Custom and the ICJ" on the European Journal of International Law's blog EILJ: Talk! on December 1, 2015.