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Articles 481 - 510 of 11462
Full-Text Articles in Law
The Devil Made Me Do It: An Argument For Expanding The Anti-Kickback Statute To Cover Private Payers, Chinelo Diké-Minor
The Devil Made Me Do It: An Argument For Expanding The Anti-Kickback Statute To Cover Private Payers, Chinelo Diké-Minor
Connecticut Law Review
Private health insurance is the predominant source of health insurance coverage in the United States. Yet, the primary criminal anti-kickback law in the United States, the Anti-Kickback Statute, applies only to certain government-funded health insurance payers. This Article argues that the Anti-Kickback Statute should be expanded to protect all health insurance payers, including private ones. First, the harms that kickbacks cause— overutilization and fraud, patient harm, and an undermining of a competitive health care market—extend to private payers and their beneficiaries and any harms unique to government payers can be addressed through sentencing enhancements. Second, Congress has previously justified excluding …
The Administrative State's Jury Problem, Richard Lorren Jolly
The Administrative State's Jury Problem, Richard Lorren Jolly
Washington Law Review
This Article argues that the administrative state’s most acute constitutional fault is its routine failure to comply with the Seventh Amendment. Properly understood, that Amendment establishes an independent limitation on congressional authority to designate jurisdiction to juryless tribunals, and its dictate as to “Suits at common law” refers to all federal legal rights regardless of forum. Agencies’ use of binding, juryless adjudication fails these requirements and must be reformed. But this does not mean dismantling the administrative state; it is possible (indeed, necessary) to solve the jury problem while maintaining modern government. To that end, this Article advances a structural …
Trademarks In An Algorithmic World, Christine Haight Farley
Trademarks In An Algorithmic World, Christine Haight Farley
Washington Law Review
According to the sole normative foundation for trademark protection—“search costs” theory—trademarks transmit useful information to consumers, enabling an efficient marketplace. The marketplace, however, is in the midst of a fundamental change. Increasingly, retail is virtual, marketing is data-driven, and purchasing decisions are automated by AI. Predictive analytics are changing how consumers shop. Search costs theory no longer accurately describes the function of trademarks in this marketplace. Consumers now have numerous digital alternatives to trademarks that more efficiently provide them with increasingly accurate product information. Just as store shelves are disappearing from consumers’ retail experience, so are trademarks disappearing from their …
Surprises In The Skies: Resolving The Circuit Split On How Courts Should Determine Whether An "Accident" Is "Unexpected Or Unusual" Under The Montreal Convention, Ashley Tang
Washington Law Review
Article 17 of both the Montreal Convention and its predecessor, the Warsaw Convention, imposes liability onto air carriers for certain injuries and damages from “accidents” incurred by passengers during international air carriage. However, neither Convention defines the term “accident.” While the United States Supreme Court opined that, for the purposes of Article 17, an air carrier’s liability “arises only if a passenger’s injury is caused by an unexpected or unusual event or happening that is external to the passenger,” it did not explain what standards lower courts should employ to discern whether an event is “unexpected or unusual.” In 2004, …
Front Matter, North Carolina Journal Of Law & Technology
Front Matter, North Carolina Journal Of Law & Technology
North Carolina Journal of Law & Technology
No abstract provided.
The Prospect Of Offshore Wind Energy According To The Inflation Reduction Act Of 2022, Sean Gaffney
The Prospect Of Offshore Wind Energy According To The Inflation Reduction Act Of 2022, Sean Gaffney
North Carolina Journal of Law & Technology
No abstract provided.
Surveilling Big Tech: Navigating Censorship Concerns And Consumer Protections In Florida’S Digital Bill Of Rights, Daniel C. Self
Surveilling Big Tech: Navigating Censorship Concerns And Consumer Protections In Florida’S Digital Bill Of Rights, Daniel C. Self
North Carolina Journal of Law & Technology
No abstract provided.
Aclp - Comments Re Tn Bead Initial Proposal Volume 2 - December 2023, New York Law School
Aclp - Comments Re Tn Bead Initial Proposal Volume 2 - December 2023, New York Law School
Reports and Resources
No abstract provided.
Aclp - Comments Re Nys Bead Initial Proposal Volume 2 - December 2023, New York Law School
Aclp - Comments Re Nys Bead Initial Proposal Volume 2 - December 2023, New York Law School
Reports and Resources
No abstract provided.
Aclp - Comments To The Fcc Re Net Neutrality - December 2023, New York Law School
Aclp - Comments To The Fcc Re Net Neutrality - December 2023, New York Law School
Reports and Resources
No abstract provided.
Class Action Settlements As Contracts?, Howard M. Erichson, Ethan J. Leib
Class Action Settlements As Contracts?, Howard M. Erichson, Ethan J. Leib
North Carolina Law Review
No abstract provided.
Skirting State Action: Section 1983 Challenges To Education And Charter Management Organizations After Peltier V. Charter Day School, Inc., Jack Salt
North Carolina Law Review
No abstract provided.
Green Bonds, Empty Promises, Quinn Curtis, W. Mark C. Weidemaier, Mitu Gulati
Green Bonds, Empty Promises, Quinn Curtis, W. Mark C. Weidemaier, Mitu Gulati
North Carolina Law Review
No abstract provided.
Wills, Trusts, And Estates, Allison A. Tait, Hunter M. Glenn
Wills, Trusts, And Estates, Allison A. Tait, Hunter M. Glenn
University of Richmond Law Review
This year’s legislative and judicial activity surrounding wills, trusts, and estates did not bring any radical shifts in the law, but rather expansions and clarifications. In the legislative realm, the bulk of the activity centered on expanding protections for parties under guardianship, with a sensitivity to safeguarding vulnerable parties from neglect or even predation. The new rules aim to increase transparency in process, preserve confidential financial information, and ensure minimums of care and contact. The rules affect these goals by providing for more transparency through notice requirements as well as required written filings. Moreover, they protect parties under guardianship by …
Legal Representation Of Parents In Child Dependency Cases In Virginia, Eric J. Reynolds
Legal Representation Of Parents In Child Dependency Cases In Virginia, Eric J. Reynolds
University of Richmond Law Review
Virginia’s current system of providing court-appointed legal counsel for parents involved in child dependency cases is unsustainable and inadequate, requiring swift and dramatic action from the state government. Inadequate legal representation for parents often leads to poor outcomes for children and a lack of protections for the parents’ due process rights. While attempts to improve the system have been made in recent years, they are often quickly dismissed. The largest hindrances in the current system, this Article suggests, is that court-appointed attorneys for parents are typically underpaid, undertrained, and consequently unable to meaningfully advocate for their client. Due to the …
The Psychology Of Censorship, Honorable Jennifer M. Kinsley
The Psychology Of Censorship, Honorable Jennifer M. Kinsley
Case Western Reserve Law Review
No abstract provided.
Race Or Class: New Directions For Critical Theory, Richard Delgado
Race Or Class: New Directions For Critical Theory, Richard Delgado
Case Western Reserve Law Review
No abstract provided.
When Tobacco-Free Products Are Tobacco Products: Major Questions Behind Fda Regulation Of Synthetic Nicotine E-Cigarettes, Daniel Moysaenko
When Tobacco-Free Products Are Tobacco Products: Major Questions Behind Fda Regulation Of Synthetic Nicotine E-Cigarettes, Daniel Moysaenko
Case Western Reserve Law Review
No abstract provided.
The Jurisprudence Of Justice Gorsuch And Future Efforts To Address Climate Change, Rachel Rothschild
The Jurisprudence Of Justice Gorsuch And Future Efforts To Address Climate Change, Rachel Rothschild
Michigan Law Review Online
Following the Trump administration’s significant reshaping of the federal judiciary and a number of blockbuster Supreme Court cases during the October 2021 and October 2022 Terms, environmental law is shifting rapidly toward a more restrictive vision of federal regulation. Justice Gorsuch has been clamoring for such a revolution throughout his time on the bench. Since joining the Supreme Court, he has not only provided a crucial vote for limiting the Environmental Protection Agency (EPA)’s regulatory authority, but also advanced a radical vision of the separation of powers that would drastically alter our modern system of administrative governance. In several of …
Reverting To Traditional Views Of Gender During Times Of Relative Deprivation: An Experimental Study In Nepal, Katrina Kosec, Cecilia Hyunjung Mo, Soosun You, Margaret Boittin
Reverting To Traditional Views Of Gender During Times Of Relative Deprivation: An Experimental Study In Nepal, Katrina Kosec, Cecilia Hyunjung Mo, Soosun You, Margaret Boittin
Commissioned Reports, Studies and Public Policy Documents
Do individuals' perceptions of their relative economic status affect their attitudes regarding gender roles in patriarchal societies? What role does hearing messages designed to increase support for women's empowerment play in moderating these effects? Leveraging an original survey experiment in Nepal, we find that a prime conferring feelings of relative deprivation causes women to revert to traditional views of gender in economic decision-making; they become less supportive of women having equal control over household income, sharing household chores with men, and working outside the home. Women's empowerment messaging does not attenuate these effects. Priming men to feel relatively deprived causes …
Determinants Of Gun Violence In America, Rick Fuller
Determinants Of Gun Violence In America, Rick Fuller
Undergraduate Research Symposium Podium Presentations
Gun violence is on the rise in America. 74.5% increase between 2014-2022. 55.2% increase in Gun Safety Legislation. Constitutional Carry adopted by 27 states. Suicide rates skew gun violence statistics.
Transcript – Civil Liberties: The Next 100 Years, Susan Herman, Erwin Chemerinsky, Ellis Cose, Anthony Romero, Nadine Strossen
Transcript – Civil Liberties: The Next 100 Years, Susan Herman, Erwin Chemerinsky, Ellis Cose, Anthony Romero, Nadine Strossen
Journal of Law and Policy
In honor of Professor Susan Herman’s distinguished academic career and tenure as the ACLU’s president, a panel was held on Friday, October 13, 2023 at Brooklyn Law School and on Zoom to discuss the current state of civil liberties in the United States. The participants also discussed Professor Herman’s new book, Advanced Introduction to US Civil Liberties. The transcription below captures the discussion among Susan Herman, Erwin Chemerinsky, Ellis Cose, Anthony Romero,and Nadine Strossen. All panelists have approved of the overall substantive accuracy of this transcription. Any remaining errors in this transcript should be attributed to the Journal of Law …
Critical Race Theory: Counter-Storytelling The Case Of ‘Old Frank’ And The Daniel Family Cemetery, Mark C. Grafenreed
Critical Race Theory: Counter-Storytelling The Case Of ‘Old Frank’ And The Daniel Family Cemetery, Mark C. Grafenreed
SMU Law Review Forum
The Texas Historical Commission (“THC”), a legislatively enacted agency of the State of Texas, has erected and disseminated nearly 17,000 historical markers across the state’s vast 268,596 square miles and 254 counties with one express purpose: “To protect and preserve the state’s historic and prehistoric resources for the use, education, enjoyment, and economic benefit of present and future generations.” Unfortunately, the histories of both the United States and Texas are under siege. Politically charged and fear driven constituents have fully devoted their collective time, energy, and financial resources to destroying the perceived new boogeyman, Critical Race Theory (“CRT”). Since January …
Gig Work & College Students: An Analysis Of The Student Employment Experience, Lauren Andriaansen
Gig Work & College Students: An Analysis Of The Student Employment Experience, Lauren Andriaansen
Honors Projects in Politics, Law, and Society
Gig work has become increasingly popular with the prevalence of flexible and remote work opportunities. Despite this emerging trend, there is an overwhelming lack of research regarding undergraduate college students’ experience in that sector; the age group that is the most active in the gig economy. The majority of people partaking in alternative work arrangements do so in addition to their full-time jobs, and for young adults in college their full-time job is being a student. This research aims to understand the factors of gig work that contribute to students having a positive work experience during university. Additionally, this study …
Buoying Statehood: The Impact Of Rising Sea Levels On Statehood In International Law, Hayley Stancil
Buoying Statehood: The Impact Of Rising Sea Levels On Statehood In International Law, Hayley Stancil
North Carolina Journal of International Law
No abstract provided.
Contents, North Carolina International Law Journal
Contents, North Carolina International Law Journal
North Carolina Journal of International Law
No abstract provided.
Gene-Edited Crops And Food And The Bold Path Forward In U.S. Trade Agreements, Matthew Schaefer
Gene-Edited Crops And Food And The Bold Path Forward In U.S. Trade Agreements, Matthew Schaefer
North Carolina Journal of International Law
No abstract provided.
The Rise Of China, The United States, And The Limits Of International Law, Julian G. Ku
The Rise Of China, The United States, And The Limits Of International Law, Julian G. Ku
North Carolina Journal of International Law
No abstract provided.
Mail-Order Brides And Human Trafficking In Israel: Forced Marriage As A Form Of Exploitation, Emily Zoffer
Mail-Order Brides And Human Trafficking In Israel: Forced Marriage As A Form Of Exploitation, Emily Zoffer
North Carolina Journal of International Law
No abstract provided.
Who's Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol
Who's Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol
UF Law Faculty Publications
This Essay critically analyzes the “anti-woke” message deployed by the Conservative Political Action Conference’s (CPAC) 2023 annual meeting’s poster—the suggestion that awake is good and its synonym woke is bad—with the goal of establishing the importance of CRT in general and in education more specifically. This work shows how critical theories are key to deconstructing disingenuous messaging about the meaning of words, theoretical constructs, and historical realities.
The Work first elucidates that the meaning of awake, as utilized in myriad fields, addresses the concept of consciousness—awareness of injustices in society. Second, the Essay historicizes the origins and uses of the …