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2022

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Full-Text Articles in Law

False Claims: The Coordinated Exploitation Of The United States Government By The Healthcare Industry, Grady Mcmichen Dec 2022

False Claims: The Coordinated Exploitation Of The United States Government By The Healthcare Industry, Grady Mcmichen

Journal of Law and Health

The False Claims Act (FCA) has a long-standing history of protecting the United States government from being defrauded by merchants and other parties submitting claims for repayment. Affording Americans who have enrolled in Medicaid and Medicare expansion plans the same protection afforded to the federal government will allow for action to be brought to prevent large hospital networks from engaging in price-fixing behaviors. Implementing this change will have the effect of reducing healthcare prices for all Americans.

Applying the False Claims Act at the price-fixing level will have the largest affect; however, it is still important to iron out procedures …


Due Process Junior: Competent (Enough) For The Court, Tigan Woolson Dec 2022

Due Process Junior: Competent (Enough) For The Court, Tigan Woolson

Journal of Law and Health

There are many reports presenting expert policy recommendations, and a substantial volume of research supporting them, that detail what should shape and guide statutes for juvenile competency to stand trial. Ohio has adopted provisions consistent with some of these recommendations, which is better protection than relying on case law and the adult statutes, as some states have done. However, the Ohio statute should be considered a work in progress.

Since appeals courts are unlikely to provide meaningful review for the substance of a juvenile competency determination, the need for procedures for ensuring that the determination is initially made in a …


Increasing Competition In Live Music: The Case For Better Enforcement Of The Live Nation Entertainment Consent Decree, Tj Hunt Dec 2022

Increasing Competition In Live Music: The Case For Better Enforcement Of The Live Nation Entertainment Consent Decree, Tj Hunt

Cleveland State Law Review

In 2009, Live Nation and Ticketmaster Entertainment expressed their intent to merge to become Live Nation Entertainment. Before the merger, Ticketmaster Entertainment was the leading live music ticketing and marketing company. Live Nation was the leading producer of live music events. Live Nation also entered the primary ticket sales market and led merchandising at its entertainment venues. Antitrust concerns arose that this newly formed entity would be a near-monopoly in live music. Despite general antitrust concerns and lawsuits from consumers, smaller promoters, seventeen state attorneys general, and the Department of Justice (“DOJ"), Live Nation Entertainment agreed to a consent decree …


Masthead, Cleveland State Law Review Dec 2022

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.


Rethinking Patent Law's Exclusive Appellate Jurisdiction, Christa Laser Dec 2022

Rethinking Patent Law's Exclusive Appellate Jurisdiction, Christa Laser

Cleveland State Law Review

The United States Court of Appeals for the Federal Circuit was created in 1982 to unify and clarify patent law, inter alia. It was built from political compromise after the Hruska Commission, which studied the caseload crisis in the federal appellate courts in the 1970s, initially recommended creation of a new National Court of Appeals that would exist between the regional federal appellate circuits and the Supreme Court. The Federal Circuit judges admirably implemented these functions for four decades.

However, the initial function of the Federal Circuit might no longer be as needed in the current judicial climate. The environment …


Defining Genetic Information Under Gina, Shane Padilla Dec 2022

Defining Genetic Information Under Gina, Shane Padilla

Cleveland State Law Review

The Genetic Information Nondiscrimination Act (GINA) was enacted to prevent discrimination based on an employee’s genetic information. Although GINA undoubtedly provides employees protection from unjust genetic discrimination by employers, varying interpretations of what constitutes “genetic information” has raised legal uncertainties in how GINA is applied. Consequently, the genetic information of an employee’s family may be unduly placed at risk as a result of misinterpreting the statutory language and legislative intent of GINA. It is of the utmost importance that the definition of “genetic information” be construed with respect to the Act’s legislative history, which supports a broad interpretation and application …


Rolling The Dice On The Legality Of Gambling Devices: Why "Purpose" Has A Purpose, Stevie Holbrook Dec 2022

Rolling The Dice On The Legality Of Gambling Devices: Why "Purpose" Has A Purpose, Stevie Holbrook

Cleveland State Law Review

Section 1955 of the United States Code (“Section 1955”), the federal law detailing prohibition on illegal gambling businesses, renders a defendant susceptible to prosecution if they are found to have violated the respective state’s gambling law and have a certain amount of people involved for a certain length of time. Today, the Sixth Circuit has identified Section 1955 as a general intent statute where it need not be shown that a defendant acted willfully in terms of intentionally violating state law. However, Ohio’s state gambling law has been interpreted as a specific intent statute that requires a purposeful act and, …


Urgensi Pembentukan Laporan Khusus Sebagai Solusi Alat Bukti Surat Dalam Penanganan Kasus Tppu Di Indonesia: Pintu Optimalisasi Hubungan Ppatk-Penyidik, Amanda Geraldine, Altuti Altuti, Muhamad Rayhan Firmansyah Dec 2022

Urgensi Pembentukan Laporan Khusus Sebagai Solusi Alat Bukti Surat Dalam Penanganan Kasus Tppu Di Indonesia: Pintu Optimalisasi Hubungan Ppatk-Penyidik, Amanda Geraldine, Altuti Altuti, Muhamad Rayhan Firmansyah

Jurnal Hukum & Pembangunan

The Financial Transaction Reports and Analysis Centre or Financial intelligence unit (FIU) is an independent institution that has helped to eradicate and prevent money laundering crimes based on reports used as evidence or evidence in investigations. PPATK analysis report is made based on the report of the income and expenditure of unusual financial accounts by referring to the profile and identity of the owner. Financial Transactions requested by PPATK to be reported by the reporting party because it involves assets suspected of originating from the proceeds of a criminal offence. FATF has issued 40 specific recommendations (forty recommendations) and the …


From Healthcare To Hiring: Impacts Of Social And Public Policy On Disabled Veterans In The United States, Benjamin Michael Stoflet Dec 2022

From Healthcare To Hiring: Impacts Of Social And Public Policy On Disabled Veterans In The United States, Benjamin Michael Stoflet

Journal of Law and Health

Part I of this paper considers the historical foundations, motivations, and evolution of veterans’ disability and employment legislation in the United States. Utilizing disability and employment as its framework, Part II then defines, describes, and critiques contemporary policies for disabled veterans in the areas of federal employment protections and uses of Alternative Dispute Resolution (ADR) within the VA’s disability decision review process. Part III discusses the roles played by disabled veterans and the federal government in policy reform, finding that both sides act as catalysts and barriers to legislative change. This paper concludes in Part IV, recommending legislation that integrates …


Reconnecting The Patient: Why Telehealth Policy Solutions Must Consider The Deepening Digital Divide, Laura C. Hoffman Dec 2022

Reconnecting The Patient: Why Telehealth Policy Solutions Must Consider The Deepening Digital Divide, Laura C. Hoffman

Journal of Law and Health

This Article attempts to untangle the complicated web of providing telehealth to those populations it is potentially capable of further alienating from access to healthcare including: 1) race/minority populations, 2) aging adults, 3) individuals with disabilities, 4) non-English speakers, 5) individuals living in rural areas, 6) socioeconomic class, and 7) children, in order to advance the argument that telehealth can be successful in providing healthcare access to these populations. Rather than suggesting that telehealth simply “cannot work” for these populations, instead this Article considers how telehealth can and must meet the needs of these individuals through technology, access, and policy …


Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas Dec 2022

Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas

CISLA Senior Integrative Projects

Since 2016, the increasing number of refugees in Europe accelerated the development of national and regional policies to determine their rights and access to resources. Against this backdrop, the strong politicization of migration, and the recent financial crises, refugees' access to welfare has “become a key area of concern across European democracies” (Lafleur et al. 2020). Considering public education programs as a pillar of social policy agendas in this region, this study examines French policy in order to answer the following questions: How do French immigration and education policies converge to determine refugees’ access to higher education in France? What …


Don't Tread On My Ip Rights: A Law And Economics Analysis Of "March-In Rights" Under The Bayh-Dole Act, Caitlin Grow Dec 2022

Don't Tread On My Ip Rights: A Law And Economics Analysis Of "March-In Rights" Under The Bayh-Dole Act, Caitlin Grow

Cleveland State Law Review

The Bayh-Dole Act has been imperative to the development of the United States’ dynamic pharma-biotech sector. However, the use of march-in rights under the Bayh- Dole Act has remained controversial. On the one hand, there is the idea of market equilibrium with a need to secure health care for the public. Many believe march-in rights should be used to create this balance by regulating the pricing of drugs that were developed using federally funded research. On the other hand, some advocates recognize that the current relationship between public-sector institutions and business as the developers of basic research, and private-sector biotechnology …


Cover, Cleveland State Law Review Dec 2022

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.


Copyright Statement, Cleveland State Law Review Dec 2022

Copyright Statement, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.


Table Of Contents, Cleveland State Law Review Dec 2022

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.


Keynote At The Cleveland State University College Of Law Ip+ Conference, Kathleen O'Malley Dec 2022

Keynote At The Cleveland State University College Of Law Ip+ Conference, Kathleen O'Malley

Cleveland State Law Review

Thank you for your kind introduction, Lee. Thank you too for your mentorship, support, and friendship over the years. I would not be where I am today but for having you in my life. And I want to thank both you and Professor Laser for inviting me to join you today—and for providing a soap box to champion the importance of a robust intellectual property system.


Overdose: The Public Health Policies That Caused The Opioid Crisis, Benjamin T. Suslavich Dec 2022

Overdose: The Public Health Policies That Caused The Opioid Crisis, Benjamin T. Suslavich

Cleveland State Law Review

Recently, local governments have successfully sued pharmaceutical manufacturers for damages related to the opioid crisis in the United States under the theory that these pharmaceuticals were responsible for causing addictions and deaths across the nation. However, the opioid crisis was, in fact, caused by the creation of national public health policies which compelled the prescription of opioid analgesics. The dogma of the "pain movement," which spearheaded public health policies, was adopted in some form by nearly every healthcare regulator in the country. With unchecked power and influence on the U.S. healthcare system, healthcare regulators mutated slightly misleading advertising by pharmaceutical …


Covid-19 Relief For Opportunity Zone Funds And Investors, Adam Wallwork, Gary Hecimovich Dec 2022

Covid-19 Relief For Opportunity Zone Funds And Investors, Adam Wallwork, Gary Hecimovich

Cleveland State Law Review

This Article describes how temporary changes to the qualified opportunity zone (QOZ) tax incentive, combined with new reliance regulations that clarify the requirements for qualified opportunity zone businesses (QOZBs) to modify their written plans to expend working capital in response to the ongoing coronavirus emergency, will make more individuals and entities eligible for federal tax stimulus by increasing flexibility for the qualified opportunity funds (QOFs) and QOZBs in which they invest to redeploy their capital into qualifying business development projects in a QOZ.


Independensi Penegak Hukum Dan Pengawasan Preventif Dalam Penegakan Hukum Di Komisi Pemberantasan Korupsi Pasca Putusan Mahkamah Konstitusi Nomor 70/Puu-Xvii/2019, Aimi Solidei Manalu, Samuel Fajar Hotmangara Tua Siahaan Dec 2022

Independensi Penegak Hukum Dan Pengawasan Preventif Dalam Penegakan Hukum Di Komisi Pemberantasan Korupsi Pasca Putusan Mahkamah Konstitusi Nomor 70/Puu-Xvii/2019, Aimi Solidei Manalu, Samuel Fajar Hotmangara Tua Siahaan

Jurnal Konstitusi & Demokrasi

In 2021, the Constitutional Court issued Decision Number 70/PUU-XVII/2019, partially granting the petitioner's request for judicial review. The content of the decision includes emphasizing the independence of the Corruption Eradication Commission (KPK) and confirming the position of the Corruption Eradication Commission Supervisory Board in the Corruption Eradication Commission's law enforcement structure. However, following the issuance of the verdict, there are several imperfect legal gaps related to the position of the Corruption Eradication Commission. These legal gaps relate to the extent of the independence of the Corruption Eradication Commission when linked to the independence of the judicial power, as the Corruption …


Menilik Peran Dewan Perwakilan Daerah Dalam Pembangunan Daerah Provinsi Jawa Barat Dan Daerah Khusus Ibukota Jakarta, Muhammad Dzulfikar Fikri Dec 2022

Menilik Peran Dewan Perwakilan Daerah Dalam Pembangunan Daerah Provinsi Jawa Barat Dan Daerah Khusus Ibukota Jakarta, Muhammad Dzulfikar Fikri

Jurnal Konstitusi & Demokrasi

The Regional Representative Council (DPD) as a regional representative institution that has a character of representation based on regions is essentially a character of broader representation of the DPR, because the dimension of representation is based on all the people contained in these regions. DPD as a new state institution after the amendment to the 1945 Constitution was initially expected to realize a bicameral system, as a representative body of the people, the DPD has functions as regulated in the 194 5 Constitution. These functions are legislative functions, functions budget, and consideration functions. However, according to the Indonesian constitutional system …


Etika Hakim Dalam Kehidupan Sehari-Hari: Penggunaan Media Sosial Oleh Hakim Di Indonesia, Farrel Eden Surbakti Dec 2022

Etika Hakim Dalam Kehidupan Sehari-Hari: Penggunaan Media Sosial Oleh Hakim Di Indonesia, Farrel Eden Surbakti

Jurnal Konstitusi & Demokrasi

With the development of technology which is rapidly making the community easier in communicating and searching for information such as social media. Social media itself has different characteristics and types and has advantages and disadvantages. The use of social media does not look at a person's status such as age, gender, religion, or profession. At this time many judges use social media to communicate and search for information and interact with the community. Judges in carrying out their obligations as bearers of the legal profession are framed by an institutional institution that is formulated into a code of ethics for …


Kerangka Praktik Kenegaraan Dalam Narasi Apriori Pembangunan Berkelanjutan Sebagai Hak Konstitusional: Sentralisasi Pendekatan Ekosentris Dalam Melawan Kenisbian Utilitas Pendekatan Antroposentris, Abdurrahman Al-Fatih Ifdal Dec 2022

Kerangka Praktik Kenegaraan Dalam Narasi Apriori Pembangunan Berkelanjutan Sebagai Hak Konstitusional: Sentralisasi Pendekatan Ekosentris Dalam Melawan Kenisbian Utilitas Pendekatan Antroposentris, Abdurrahman Al-Fatih Ifdal

Jurnal Konstitusi & Demokrasi

Sustainable development is a colossal narrative of state elites to institutionalize the right to development which, instead of being oriented towards harmonization of development efforts with efforts to protect the environment, is actually based on human interests. The inherent causality of this effort has an impact on systemic environmental damage in various countries. When the environment is no longer able to recover itself according to the timeline of meeting the needs of human civilization, an ambitious approach such as ecocentrism needs to be used as a counter-narrative to the anthropocentrism approach which tends to be relative: it looks useful, but …


Pelaksanaan Sistem Pengawasan Hakim Konstitusi Di Indonesia, Al Amin Syayidin Ali Mustopa Dec 2022

Pelaksanaan Sistem Pengawasan Hakim Konstitusi Di Indonesia, Al Amin Syayidin Ali Mustopa

Jurnal Konstitusi & Demokrasi

The supervision system for constitutional judges in Indonesia based on the 1945 Constitution and Law 24/2003 explicitly involves two forms of supervision, namely internal supervision by the Honorary Council and external supervision by the Judicial Commission. The supervisory system finally changed after the Constitutional Court Decision Number 005 / PUU-IV / 2006. After this decision, the supervision system for constitutional judges in Indonesia underwent a substantial change in the form of supervision that eliminated external supervision. The existing internal supervision system often changes in accordance with the current statutory regime and implementing regulations. Changes related to the existing internal supervision …


Central Americans At A Crossroads: Asylum Seekers’ Testimonios Of Mental Health After Detention And Family Separation, Corie E. Schwabenland Garcia Dec 2022

Central Americans At A Crossroads: Asylum Seekers’ Testimonios Of Mental Health After Detention And Family Separation, Corie E. Schwabenland Garcia

Master's Theses

Though Central American asylum seekers are presently hypervisible in the U.S. consciousness, this population continues to be inadequately understood or cared for. Discussion of this population often presents them as a helpless and damaged population, in need of saving, fixing, or shelter -- beyond their trauma, they cease to exist. This qualitative study utilizes first-person testimonio methodology to understand the psychological experiences of Central American migrants seeking asylum in the United States, the stressors they face, and the mental health support that can and should be provided to them. Their stories speak to a space of sociopolitical precarity in the …


Breaking Down Digital Walls: The Interface Of International Trade Law And Online Content Regulation Through The Lens Of The Chinese Vpn Measure, Neha Mishra Dec 2022

Breaking Down Digital Walls: The Interface Of International Trade Law And Online Content Regulation Through The Lens Of The Chinese Vpn Measure, Neha Mishra

Brooklyn Journal of International Law

The interface of international trade law and online content regulation is problematic and complex. This Article examines the consistency of the regulation pertaining to Virtual Private Network (VPN) services in China with WTO law. It argues that although WTO law may be effective in disciplining protectionist aspects of online content regulations, they can neither scrutinize domestic values underlying such regulations nor guarantee the free flow of online content. Thus, existing rules contained in international trade agreements play a limited role in balancing domestic socio-cultural and political values vis-à-vis online censorship with an open, globally interconnected internet enabling seamless digital flows. …


Tailspin: Examining The Distortive Effects Of The Airbus-Boeing Duopoly On Trade Dispute Resolution Between The United States And European Union, Sam Bhat Dec 2022

Tailspin: Examining The Distortive Effects Of The Airbus-Boeing Duopoly On Trade Dispute Resolution Between The United States And European Union, Sam Bhat

Brooklyn Journal of International Law

This Note surveys the perverse effects of the Airbus–Boeing dispute on international trade, examining how this unique and unprecedented duopoly challenges WTO agreements regarding state assistance to domestic manufacturers of large civil aircraft. This trade dispute has precipitated significant consequences for industries unrelated to aircraft manufacturing on both sides of the Atlantic. Theoretically, the WTO’s dispute resolution framework is designed to maintain an undistorted status quo between member states. The case of Airbus–Boeing, however, has shown that a duopoly conflict masquerading as a WTO dispute leads to escalating tariffs with substantial repercussions. This is the costliest dispute in the history …


Invaluable: Value Added Tax, Post-Colonialism, & The United States Of America, Travis Henry-Reid Dec 2022

Invaluable: Value Added Tax, Post-Colonialism, & The United States Of America, Travis Henry-Reid

Brooklyn Journal of International Law

Value-added tax is occasionally proffered as an alternative or even an addition to the federal income tax system. Value-added tax, or VAT, is widely accepted throughout Europe and indeed the world, but the United States remains a notable exception. This choice remains an intriguing one to revisit from time to time. This Note, however, will argue that VAT is arguably a by-product of the colonial frameworks that once dominated our global consciousness, and therefore, that VAT is not right for the United States. The Note will, where appropriate, compare and contrast key differences between the system, or systems, of taxation …


Is Investment Arbitration An Effective Alternative To Court Litigation? Towards A Smart Mix Of Litigation And Arbitration In Resolving Investment Disputes, Wanli Ma, Michael Faure Dec 2022

Is Investment Arbitration An Effective Alternative To Court Litigation? Towards A Smart Mix Of Litigation And Arbitration In Resolving Investment Disputes, Wanli Ma, Michael Faure

Brooklyn Journal of International Law

This article analyzes litigation and arbitration as commonly used methods for dispute resolution, more particularly between foreign investors and host states. It compares investor-state dispute settlement (ISDS) via investor-state arbitration with dispute resolution via domestic courts in the host state. The article adopts a goal-based approach for assessing the effectiveness of international adjudication and analyzes the extent to which the current ISDS system is aligned with its predetermined goals. The article starts by identifying four goals of ISDS: 1) fair and efficient dispute resolution, 2) norm compliance, 3) facilitating the objectives of the investment law regime, and 4) legitimizing the …


The Largest Global Producers Of E-Waste And The Need For Change, Jane Chan Dec 2022

The Largest Global Producers Of E-Waste And The Need For Change, Jane Chan

Brooklyn Journal of International Law

E-waste, short for electronic waste, is a term used to describe end-of-life electronic products. In recent years there has been a sharp rise in the demand for electronic products, and production has ramped up to meet the demand. A landslide of e-waste is being generated in tandem, exacerbated by increased global access to electronic devices, quickening innovation rates, and device obsolescence. According to projections by the UN’s Global E-waste Monitor 2020, e-waste is the most rapidly growing domestic waste-stream in the world. Due to the hazardous nature of the components contained in many electronic products, the proper handling of e-waste …


The Made And The Made-Up, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law Dec 2022

The Made And The Made-Up, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

Truth is an ethical relation. Facts, whether descriptions of the physical world or of historical events, are necessarily mediated by our frames of reference. This contingency opens a space for disagreement that cannot be adjudicated by an absolute standard of truth. For those seeking power or profit, the temptation to exploit this state of undecidability is strong. When many question the institutions that broker meaning – science, the professions, the media – rumors, misinformation, deliberate distortions and falsehoods all proliferate. In the digital age, the ‘made’ is swiftly supplanted by the made-up. The remedy for this predicament is not technological …