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Full-Text Articles in Law

What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, Tori Delaney Oct 2023

What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, Tori Delaney

University of Cincinnati Law Review

No abstract provided.


Dentistry And The Law: How Does An ‘Assignment Of Benefits’ Work?, Dan Schulte Jd Jan 2023

Dentistry And The Law: How Does An ‘Assignment Of Benefits’ Work?, Dan Schulte Jd

The Journal of the Michigan Dental Association

The use of an assignment of benefits form in dental practice is explored in this article, with a focus on its potential benefits and limitations. This form allows patients to assign their dental plan benefits to the provider, enabling direct payment for services. However, its acceptance by dental plans varies and is often subject to state and federal regulations. While assignment of benefits offers a pathway to independent fee setting and potential billing for any balance exceeding benefits, legal and regulatory considerations must be addressed to fully implement this approach.


Beyond #Freebritney: A Legal Analysis Of The Conservatorship System In The United States, Ashleigh M. Zurek Nov 2022

Beyond #Freebritney: A Legal Analysis Of The Conservatorship System In The United States, Ashleigh M. Zurek

Northern Illinois University Law Review

In this article the author will explore the state of conservatorships in the United States and how, too often, individuals with disabilities are abused and taken advantage of in this structure. The author will discuss particular areas of conservatorship abuse, including: financial abuse, physical abuse, exploitation, and death. The author will then proceed to discuss potential solutions to curb conservatorship abuse and how best to improve the conservatorship system in the United States. Particular solutions discussed include: special needs trusts, federal legislation (past, current, and future), and supported decision-making.


Congressional Rules Of Interpretation, Jarrod Shobe May 2022

Congressional Rules Of Interpretation, Jarrod Shobe

William & Mary Law Review

Many scholars argue that Congress should adopt federal rules of statutory interpretation to guide judicial interpretation. This Article uses a novel dataset to show that Congress has long used enacted rules of interpretation and has increasingly done so in recent decades. However, it has chosen to do so on a statute-by-statute basis in a way that has gone mostly unnoticed by scholars and judges. We developed a dataset by using computer code to search the U.S. Code dating back to 1946 for specific phrases indicating a rule of interpretation, then manually checked and classified each rule. These rules not only …


How Can Federal Actors Compete On Noncompetes? Examining The Need For And Possibility Of Federal Action On Noncompetition Agreements, Robert Mcavoy Jan 2022

How Can Federal Actors Compete On Noncompetes? Examining The Need For And Possibility Of Federal Action On Noncompetition Agreements, Robert Mcavoy

Dickinson Law Review (2017-Present)

Employees have been frustrated by the restrictiveness of noncompete agreements and confused about their enforceability for decades. The added complication of choice-of-law provisions in employment contracts with noncompetes creates a sea of unpredictability for both employees and employers.

Each state applies its own policy to noncompete agreements. While every state treats noncompetes differently than typical contract provisions, a broad spectrum exists between the states that are friendly and those that are hostile to the enforcement of noncompetes. Employees and employers often fail to understand whether their noncompete is enforceable under the jurisdiction chosen by the contract, and courts override choice-of-law …


Splitting Scales: Conflicting National And Regional Attempts To Manage Commercial Aquaculture In The Exclusive Economic Zone, Brandee Ketchum Jul 2021

Splitting Scales: Conflicting National And Regional Attempts To Manage Commercial Aquaculture In The Exclusive Economic Zone, Brandee Ketchum

Journal of Food Law & Policy

Like other environmental resources subject to public use, various interest groups struggle over joint management of scarce fisheries resources. Further, differing goals for resource management, such as financial goals versus conservation goals, frequently pit regional groups against one another. In some cases, regional interests may conflict with overall national interests. As goes the water and the air, so go the fish.


The Tragedy Of The Horse, American Icon, Tim Opitz Jul 2021

The Tragedy Of The Horse, American Icon, Tim Opitz

Journal of Food Law & Policy

Whether a prohibition on slaughter improves the welfare of the American horse population is the focus of this article. At the time it was written, winter of 2010-2011, a confluence of Federal and State legislative action had ended domestic slaughter. These actions are detailed in the body of this article. Since 2007, the legal status of horse slaughter remained static. Just as Sir Isaac Newton's first law of motion explained, an object at rest tends to stay at rest. Legislative inertia is the perspective from which this article was originally written. However, Newton's first law also stated that the object …


Finding Parity Through Preclusion: Novel Mental Health Parity Solutions At The State Level, Ryan D. Kingshill Jan 2021

Finding Parity Through Preclusion: Novel Mental Health Parity Solutions At The State Level, Ryan D. Kingshill

Dickinson Law Review (2017-Present)

Recently, the federal government has taken numerous steps to promote the equal treatment (also known as parity) of mental and physical health issues. The two most impactful actions are the Mental Health Parity and Addiction Act of 2008 and the Affordable Care Act. These acts focus on the traditional avenue for parity change—insurance regulation. While these acts have improved parity, major gaps in coverage and treatment between mental health/substance use disorder treatment and medical/surgical treatment persist. ERISA Preemption, evasive insurer behavior, lack of enforcement, and lack of consumer education continue to plague patients and healthcare professionals. On its own, federal …


Distracted Guardians Yield Deadly Results: When Memory Fails, Additional Regulations Can Protect Childen And Animals From Vehicular Heat-Stroke, Shannon Murphy Jul 2020

Distracted Guardians Yield Deadly Results: When Memory Fails, Additional Regulations Can Protect Childen And Animals From Vehicular Heat-Stroke, Shannon Murphy

William & Mary Environmental Law and Policy Review

When the sun is shining bright on a scorching ninety-degree summer day, it takes less than an hour for tragedy to strike, even in the shade. Within less than sixty minutes, the temperature inside a closed vehicle will rise rapidly from the outdoor ninety-degree mark to upwards of more than one hundred and thirty degrees. As this temperature spike takes effect, any animal or child left in a vehicle will only have about fifteen minutes before being exposed to potentially deadly conditions.

While most of us think we are incapable of accidentally leaving our beloved child or companion in the …


Beyond Good Intentions: New Legislation On Foreign Aid Effectiveness, Gergana Danailova-Trainor, James Filpi, Norman L. Greene, Salome Tsereteli-Stephens Jan 2020

Beyond Good Intentions: New Legislation On Foreign Aid Effectiveness, Gergana Danailova-Trainor, James Filpi, Norman L. Greene, Salome Tsereteli-Stephens

The International Lawyer

The new law and the corresponding OMB and key foreign aid agencies' guidelines require providers to follow best practices in the monitoring and evaluation (M&E) of U.S government (USG) foreign aid.2 A recent study conducted by the U.S. Government Accountability Office across the key USG foreign aid agencies identified a number of areas that needed improvement in the design, implementation, conclusions, and dissemination of foreign assistance evaluations.3 FATAA and the relevant guidelines will require providers to address those areas and focus their reporting requirements on tangible outcomes and the impact of their programming. In recent years, federal agencies have placed …


Terrorism Risk Insurance: Is It Really Working?, Rebecca Demarest Apr 2018

Terrorism Risk Insurance: Is It Really Working?, Rebecca Demarest

Honors Projects in Mathematics

This paper investigates terrorism risk insurance in the United States as well as those programs offered in other countries throughout the world. In the United States, particular attention is devoted to the interaction of government with private insurers to maintain an effective insurance program. An analysis is performed comparing terrorism insurance before and after the attacks on the World Trade Center on September 11, 2001. The paper looks into actual terrorist events that have occurred focusing on 56 world-wide events that are associated with property losses greater than $10 million. This paper not only investigates the losses that were incurred …


Crispr: Redefining Gmos—One Edit At A Time, Eric E. Williams Apr 2017

Crispr: Redefining Gmos—One Edit At A Time, Eric E. Williams

University of Arkansas at Little Rock Law Review

No abstract provided.


2016 Federal Legislative Review, Danielle Elefritz Jan 2017

2016 Federal Legislative Review, Danielle Elefritz

Animal Law Review

Toronto Pig Save and the Save Movement gained worldwide at­tention with the Pig Trial. The defense, with the help of a coali­tion of animal rights groups, was able to put animal agriculture on trial by focusing on the ethics, animal suffering, environ­ment, and health aspects of animal agriculture. Meanwhile, the Save Movement is growing exponentially with 166 groups in seventeen countries bearing witness to animals headed to a slaughterhouse in local communities.


2015 Federal Legislative Review, Alescia Dichmann Jan 2016

2015 Federal Legislative Review, Alescia Dichmann

Animal Law Review

The American political newspaper, The Hill, named the 114th Congress as “the most diverse Congress ever set to take power.” This Congress has 108 female lawmakers, more than ever before, alongside 430 men as well as 46 African American and 33 Hispanic lawmakers. While this Congress has made strides in the diversity of its members, we have yet to see whether this Congress’s legislative activity will benefit animals. The fate of the proposed animal legislation discussed in this Review will ultimately be decided by the time this 114th Congress concludes in 2017.


The Model Business Corporation Act And Corporate Governance: An Enabling Statute Moves Toward Normative Standards, John Olson, Aaron Briggs Dec 2015

The Model Business Corporation Act And Corporate Governance: An Enabling Statute Moves Toward Normative Standards, John Olson, Aaron Briggs

John Olson

No abstract provided.


Price Gouging: A Gray Area, Mathis Mateus Jan 2015

Price Gouging: A Gray Area, Mathis Mateus

Common Reading Essay Contest Winners

Second Place

Essay Prompt: In Justice, Sandel discusses a number of contemporary political issues (e.g. price gouging during the 2004 Hurricane, the 2008-9 financial meltdown, the volunteer army, pregnancy surrogates, executive pay, slavery reparations, immigration, and gay marriage). Take a position on one of the issues discussed in the book and make the best case that you can for why this position is the most just. You may include evidence from the book, your prior studies, your own experience, and/or outside research. (Outside research is not required.)


Isolated Wetland Commons And The Constitution, Blake Hudson, Michael Hardig Jan 2015

Isolated Wetland Commons And The Constitution, Blake Hudson, Michael Hardig

Journal Articles

Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed. The …


What's Love Got To Do With It?: The Corporations Model Of Marriage In The Same-Sex Marriage Debate, Jeremiah A. Ho Aug 2013

What's Love Got To Do With It?: The Corporations Model Of Marriage In The Same-Sex Marriage Debate, Jeremiah A. Ho

Jeremiah A. Ho

The time may come, far in the future, when contracts and arrangements between persons of the same sex who abide together will be recognized and enforced under state law. When that time comes, property rights and perhaps even mutual obligations of support may well be held to flow from such relationships. But in my opinion, even such a substantial change in the prevailing mores would not reach the point where such relationships would be characterized as "marriages". At most, they would become personal relationships having some, but not all, of the legal attributes of marriage. And even when and if …


When Congress Practices Medicine: How Congressional Legislation Of Medical Judgment May Infringe A Fundamental Right, Shannon L. Pedersen Jun 2013

When Congress Practices Medicine: How Congressional Legislation Of Medical Judgment May Infringe A Fundamental Right, Shannon L. Pedersen

Touro Law Review

No abstract provided.


The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin May 2013

The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin

Patricia E. Salkin

This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …


When "Yes" Means "No": Mccarran-Ferguson, The New York Convention, And The Limits Of Congressional Assent, Aaron L. Wells Feb 2013

When "Yes" Means "No": Mccarran-Ferguson, The New York Convention, And The Limits Of Congressional Assent, Aaron L. Wells

Pepperdine Dispute Resolution Law Journal

The article focuses on the awards and arbitration of the resolution of the international commercial disputes with respect to the cross-border contracts and agreements. The enactment of the McCarran-Ferguson Act of the U.S. was for the prevention of the general applicability of the federal legislation in the authority of the states for the purpose of regulating the insurance industry. Information on the decision of the Supreme Court of the U.S. regarding this issue is also presented.


We The People Or We The Legislature? The Stock Act's Compromise Between Politically-Motivated Accountability And Keeping Congress Above The Law, Danielle A. Austin Jan 2013

We The People Or We The Legislature? The Stock Act's Compromise Between Politically-Motivated Accountability And Keeping Congress Above The Law, Danielle A. Austin

Hofstra Law Review

The article discusses the U.S. Stop Trading On Congressional Knowledge Act of 2012 (STOCK Act) and the efforts to curb insider trading by members of the U.S. Congress as of September 2013, focusing on the STOCK Act's reported compromise between politically-motivated accountability and a push to end congressional corruption in America. The relationship between the U.S. securities industry (Wall Street) and the nation's Congress is examined, along with federal legislation and penalties.


Presumed Disadvantaged: Constitutional Incongruit In Federal Contract Procurement And Acquisition Regulations, William J. Bogard Dec 2012

Presumed Disadvantaged: Constitutional Incongruit In Federal Contract Procurement And Acquisition Regulations, William J. Bogard

West Virginia Law Review

No abstract provided.


Bred Meat: The Cultural Foundation Of The Factory Farm, David Cassuto Oct 2012

Bred Meat: The Cultural Foundation Of The Factory Farm, David Cassuto

David N Cassuto

The care and upkeep of animals raised for human consumption has devolved into an industrial operation focused on maximizing economic return while paying little or no heed to the needs of the "stock." Discussions of the nature of factory farming inevitably include issues of ethical treatment of nonhuman animals and often segue into apologies for or against "animal rights." This article takes a different tack, asking instead how and why the factory-farm industry could grow ascendant in an era when the notion of the human-animal divide has become increasingly blurred.


The False Promise Of The Converse-1983 Action, John F. Preis Oct 2012

The False Promise Of The Converse-1983 Action, John F. Preis

Indiana Law Journal

The federal government is out of control. At least that’s what many states will tell you. Not only is the federal government passing patently unconstitutional legislation, but its street-level officers are ignoring citizens’ constitutional rights. How can states stop this federal juggernaut? Many are advocating a “repeal amendment,” whereby two-thirds of the states could vote to repeal federal legislation. But the repeal amendment will only address unconstitutional legislation, not unconstitutional actions. States can’t repeal a stop-and-frisk that occurred last Thursday. States might, however, enact a so-called “converse-1983” action. The idea for converse-1983 laws has been around for some time but …


A Step Too Far In Consumer Credit Protection: Are External Dispute Resolution Schemes Wielding The Sword Of Damocles?, Francina Cantatore, Brenda Marshall Sep 2012

A Step Too Far In Consumer Credit Protection: Are External Dispute Resolution Schemes Wielding The Sword Of Damocles?, Francina Cantatore, Brenda Marshall

Francina Cantatore

Under existing consumer credit legislation, all credit providers are required to be licensed with the Australian Securities and Investments Commission. Membership of an external dispute resolution scheme – either the Credit Ombudsman Service Limited (COSL) or the Financial Ombudsman Service– is compulsory for license holders. As members, credit providers are subject to the Rules and Constitutions of the respective schemes, a requirement which has far-reaching effects on commercial dealings. This article explores the scope of COSL’s powers, finding these to be excessively wide, and inherently unfair towards credit providers. The principal contention of the article is that, instead of providing …


The Future Of Nlrb Doctrine On Captive Audience Speeches, Paul M. Secunda Jan 2012

The Future Of Nlrb Doctrine On Captive Audience Speeches, Paul M. Secunda

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.


The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin Jan 2012

The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin

Scholarly Works

This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …


Conservation Easements As Tools To Achieve Regulatory Environmental Goals, Laurie A. Wayburn Oct 2011

Conservation Easements As Tools To Achieve Regulatory Environmental Goals, Laurie A. Wayburn

Law and Contemporary Problems

Wayburn talks about conservation easements as tools to achieve regulatory environmental goals. The traditional approach to protecting public-trust resources, such as wildlife found on private lands, is predominantly regulatory and proscriptive. Environmental regulation -- such as the Endangered Species Act, Clean Water Act, or Clean Air Act -- has focused on restricting or prohibiting resource management by landowners.


Conservation Easement Reform: As Maine Goes Should The Nation Follow? , Jeff Pidot Oct 2011

Conservation Easement Reform: As Maine Goes Should The Nation Follow? , Jeff Pidot

Law and Contemporary Problems

No abstract provided.