Law Commons^™

Medical Ai And Contextual Bias, W. Nicholson Price Ii

Articles

Artificial intelligence will transform medicine. One particularly attractive possibility is the democratization of medical expertise. If black-box medical algorithms can be trained to match the performance of high-level human experts — to identify malignancies as well as trained radiologists, to diagnose diabetic retinopathy as well as board-certified ophthalmologists, or to recommend tumor-specific courses of treatment as well as top-ranked oncologists — then those algorithms could be deployed in medical settings where human experts are not available, and patients could benefit. But there is a problem with this vision. Privacy law, malpractice, insurance reimbursement, and FDA approval standards all encourage developers …

The Labor Origins Of Birthright Citizenship, Michael H. Leroy

Hofstra Labor & Employment Law Journal

No abstract provided.

Opposite Sides Of The Same Coin: Worker Classification In The New Economy, Griffin Toronjo Pivateau

Hofstra Labor & Employment Law Journal

Massive changes have disrupted the institution of employment. The growth of the service sector, technological advancements, and developments in the finance market have created a demand for new employment models. Employers have responded by increasingly utilizing independent contractors to fill positions traditionally held by employees.

Designating a worker as either "employee" or "independent contractor" determines the degree to which employment law applies to the worker. An independent contractor falls outside many of the benefits and protections that the law provides employees. Currently, courts, states, and administrative agencies use a confusing array of employment tests, created for different purposes and different …

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

Student Evaluations Of Teaching: An Unlawful Barrier To Women's Professional Advancement In Australian Universities, Britt P. Tevis, K. E. Powell

Hofstra Labor & Employment Law Journal

No abstract provided.

Where The Law Ends - Part 2: A Ceremonial Approach To The Interpretation Of Collective Bargaining Agreements In Tackett And Reese, Roger J. Mcclow

Hofstra Labor & Employment Law Journal

No abstract provided.

The Inclusion Rider: Constitutional Analysis And Practical Application Of Demanding Diversity Throughout Hollywood, Jonathan Cappiello

Hofstra Labor & Employment Law Journal

No abstract provided.

Tax Talk And Reproductive Technology, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

The tax system both reacts to and helps create attitudes about the value of certain behaviors and choices. This Article makes three principal claims—one empirical, one normative, and one interpretative. The Article demonstrates through data that a representative sample of fertility clinics in the United States does not make information about the tax consequences of compensated human egg transfers—commonly called egg “donation”—publicly available. In 2015, in a case of first impression, the United States Tax Court decided in Perez v. Commissioner that a compensated egg transferor must report as income any amount she receives for her eggs. Although the Tax …

Assigned Counsel Mentoring Programs: Results And Lessons From Two Pilot Projects, Susan Saab Fortney

Faculty Scholarship

Working with a team of three subject matter experts, the National Legal Aid and Defender Association implemented and evaluated two pilot mentoring projects aimed at helping lawyers who serve as assigned counsel. This report discusses the program design, evaluation outcomes, and offers guidance through lessons learned for other jurisdictions interested in introducing assigned counsel mentoring programs. The author of the report was the principal investigator who evaluated the programs.

This project was supported by grant number 2015-AJ-BX-K043 awarded by the Bureau of Justice Assistance, Office of Justice Programs to the National Legal Aid and Defender Association. The opinions, findings, and …

Federal Regulatory Responses To The Prescription Opioid Crisis: Too Little, Too Late?, Lars Noah

Utah Law Review

Part I of this Article suggests that the medical establishment shares more blame for the crisis than many commentators seem to appreciate. Part II canvasses a variety of ways in which the federal government has responded to the opioid problem during the last few years before delving more deeply into the FDA’s role in the mess, assessing the different tools that it has tried to use as well as some that it failed to employ. This Article concludes that the agency should have allowed only a narrowly defined subset of physicians to prescribe opioid analgesics, even though the medical community …

Seeking Insurance Parity During The Opioid Epidemic, Valarie K. Blake

Utah Law Review

Private insurance covers almost 40 percent of people with opioid addiction. Yet, amid an epidemic with profound consequences for individual and public health, private insurers continue to fuel addiction by favoring addictive but affordable pain therapies over nonaddictive ones and by placing unreasonable, sometimes unlawful, hurdles and delays in the ways of addiction treatment. Action must be taken now to address these harms. Laws like the ACA and the MHPAEA need greater enforcement, while gaps in these laws can and should be addressed through broader federal and state initiatives. Private insurers must be regulated, and swiftly, to ensure that people …

From Health Policy To Stigma And Back Again: The Feedback Loop Perpetuating The Opioids Crisis, Nicolas Terry

Utah Law Review

Between 1999 and 2017, almost 400,000 people died from opioid overdoses, and since 2001, the opioid crisis has cost the U.S. more than 1 trillion dollars. In late 2018, the Department of Health and Human Services (HHS) Secretary opined that the country was “beginning to turn the tide” in responding to the crisis. Secretary Azar’s positive statements were based on preliminary CDC data that showed a national decline of 2.7 percent in drug overdose deaths from October 2017 to May 2018. However, data still show over half the states posting an increase in overdose deaths with a concentration of higher …

America’S Favorite Antidote: Drug-Induced Homicide In The Age Of The Overdose Crisis, Leo Beletsky

Utah Law Review

Nearing the end of its second decade, the overdose crisis in the United States continues to claim tens of thousands of lives. Despite the rhetorical emphasis on a “public health” approach, criminal law and its enforcement continue to play a central role among policy responses to this crisis. A legacy of the 1980s War on Drugs, statutory provisions that implicate drug distributors in overdose fatalities are on the books in many U.S. jurisdictions and federally. This Article articulates an interdisciplinary critique of these “drug-induced homicide” laws at a time of their increased popularity, expanding scope, and aggressive prosecution. That these …

Illegal Substance Abuse And Protection From Discrimination In Housing And Employment: Reversing The Exclusion Of Illegal Substance Abuse As A Disability, Leslie P. Francis

Utah Law Review

When landlords or employers know that someone is using opioids, either legally or illegally, the consequences can be significant. Rental housing or employment are both critical to well-being, yet may be at particularly high risk. As this Article argues below, legal protections in these areas are inadequate. To summarize the argument briefly, a crucial legal problem for people suffering from substance abuse disorders is that current illegal use of controlled substances is excluded from the definition of disability in federal anti-discrimination statutes. A history of substance abuse is a disability protected from discrimination, but recent relapses vitiate this protection. Relatedly, …

The New Data Of Student Debt, Christopher K. Odinet

Faculty Scholarship

Where you go to college and what you choose to study has always been important, but, with the help of data science, it may now determine whether you get a student loan. Silicon Valley is increasingly setting its sights on student lending. Financial technology (“fintech”) firms such as SoFi, CommonBond, and Upstart are ever-expanding their online lending activities to help students finance or refinance educational expenses. These online companies are using a wide array of alternative, education-based data points—ranging from applicants’ chosen majors, assessment scores, the college or university they attend, job history, and cohort default rates—to determine creditworthiness. Fintech …

Not Quite 'A New Hope' -- Privacy Issues Surrounding North Carolina's New Opiod Prescription Monitoring Statute, Darpan N. Patel

North Carolina Law Review

No abstract provided.

From The Editors, Jeremy Paul, Margaret Y.K. Woo

Journal of Legal Education

No abstract provided.

Immigration Law's Looming Rfra Problem Can Be Solved By Rfra, Stephanie Acosta Inks

BYU Law Review

No abstract provided.

Ways Of Watching: Bringing Equality Thinking To Regulation Of "New" Technology, Sonia Lawrence

Articles & Book Chapters

No abstract provided.

Under Pressure: How Incorporating Time-Pressured Performance Tests Prepares Students For The Bar Exam And Practice, Sabrina Defabritiis, Kathleen Elliott Vinson

West Virginia Law Review

No abstract provided.

A Liability Insurer's Breach Of The Duty To Defend And The Often Erroneous Consequence Of Extracontractual Liability, Douglas R. Richmond

West Virginia Law Review

No abstract provided.

Hedge Your Bets: How The Legalization Of Sports Betting Could Be The Downfall Of Intercollegiate Sports, Haley M. Robb

West Virginia Law Review

No abstract provided.

Criminal Law’S Folk Psychological Dilemma: Resolving Neuroscientific And Philosophical Challenges To The Voluntary Act Requirement, Branden D. Jung Esq.

West Virginia Law Review

Criminal law has adopted the folk psychological view of human agency. Under this view, voluntary action exists and mental states, such as intentions, goals, and desires, have a causal relationship with bodily movement. However, new advances in neuroscience have begun to challenge this model and have lent empirical support to the idea that mental states may not play a causal role in bodily movement. This has profound implications for the voluntary act element of actus reus because the requirement presupposes the folk psychological view of agency. Nevertheless, criminal law can avoid this dilemma through praxeology, the deductive study of human …

Hard Cases Make Bad Law: Extraterritorial Application Of The United States Constitution, Brendan O. Beutell

West Virginia Law Review

The Constitution’s extraterritorial scope does not arise often in litigation. Two recent decisions broached the issue. Both arrived at opposite conclusions. And these decisions share a common thread: They confuse more than they clarify while begetting novel questions of law. Does the Constitution protect noncitizens abroad? If so, how? If not, why not? This Note addresses each of these questions in turn. Ultimately, this Note concludes that the Constitution does not have any extraterritorial application whatsoever to noncitizens abroad.

Partnership-Related Relatedness: Measuring Partners' Capital Interests And Profits Interests, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Fast Forensic Triage Using Centralised Thumbnail Caches On Windows Operating Systems, Sean Mckeown, Gordon Russell, Petra Leimich

Journal of Digital Forensics, Security and Law

A common investigative task is to identify known contraband images on a device, which typically involves calculating cryptographic hashes for all the files on a disk and checking these against a database of known contraband. However, modern drives are now so large that it can take several hours just to read this data from the disk, and can contribute to the large investigative backlogs suffered by many law enforcement bodies. Digital forensic triage techniques may thus be used to prioritise evidence and effect faster investigation turnarounds. This paper proposes a new forensic triage method for investigating disk evidence relating to …

Improved Decay Tolerant Inference Of Previously Uninstalled Computer Applications, Oluwaseun Adegbehingbe, James Jones

Journal of Digital Forensics, Security and Law

When an application is uninstalled from a computer system, the application’s deleted file contents are overwritten over time, depending on factors such as operating system, available unallocated disk space, user activity, etc. As this content decays, the ability to infer the application’s prior presence, based on the remaining digital artifacts, becomes more difficult. Prior research inferring previously installed applications by matching sectors from a hard disk of interest to a previously constructed catalog of labeled sector hashes showed promising results. This prior work used a white list approach to identify relevant artifacts, resulting in no irrelevant artifacts but incurring the …

Memoryranger Prevents Highjacking File_Object Structures In Windows Kernel, Igor Korkin

Journal of Digital Forensics, Security and Law

Windows OS kernel memory is one of the main targets of cyber-attacks. By launching such attacks, hackers are succeeding in process privilege escalation and tampering users’ data by accessing kernel-mode memory. This paper considers a new example of such an attack, which results in access to the files opened in an exclusive mode. Windows built-in security features prevent such a legal access, but attackers can circumvent them by patching dynamically allocated objects. The research shows that the newest Windows 10 x64 is vulnerable to this attack. The paper provides an example of using MemoryRanger, a hypervisor- based solution to prevent …

The Rise Of The Viewpoint-Discrimination Principle, Lackland H. Bloom Jr.

SMU Law Review Forum

The Supreme Court’s freedom-of-speech jurisprudence is complicated. There are few hard and fast rules. One is that judicially-imposed prior restraints on speech are hardly ever permissible. In recent years, another hard and fast rule appears to have developed. It is that the government may never prohibit speech simply on account of its viewpoint. It remains unclear whether this is a per se prohibition or whether such viewpoint-focused regulation must overcome the all but insurmountable burden of serious strict scrutiny. In any event, any governmental rule that attempts to regulate speech based on its point of view will almost certainly be …

Ban The Box: Breaking Barriers To Employment In The Private Sector, Melissa Pascualini

Hofstra Labor & Employment Law Journal

No abstract provided.