Law Commons^™

Medicare Mandates For Shared Decision Making With Patient Decision Aids: Linking Payment To Preference, Thaddeus Pope

Faculty Scholarship

Since 2015, the Centers for Medicare and Medicaid Services (CMS) has increasingly required shared decision making with evidence-based patient decision aids as an essential Medicare condition for payment. CMS is doing this because it recognizes that most healthcare is preference sensitive and value laden. So, whether treatment is “right” or “beneficial” for a patient is not only a matter of clinical expertise. It equally depends on the patient’s values, preferences, and goals. So, CMS wants to ensure that patients understand the risks, benefits, and alternatives to the healthcare that they receive and for which CMS pays. In short, under its …

2025 Shepard Broad College Of Law Admissions Viewbook, Nova Southeastern University

Shepard Broad College of Law Viewbook

No abstract provided.

Donor Standing To Enforce Charitable Gifts In The 21st Century, Nancy Mclaughlin

Utah Law Faculty Scholarship

This Article outlines the current state of the law regarding donor standing, which illustrates two realities. First, there is an increasing lack of coherence in the law, which has negative consequences, including that the same charitable gift may now be subject to different donor-standing rules depending on completely arbitrary factors. Second, the trend is in favor of granting donors and certain others standing, although this trend is occurring in a haphazard way. This Article also discusses the various factors that led the law of donor standing down this path. Among other things, there has been a gradual normalization of the …

The Supreme Court’S 2024–2025 Term: Eroding Public Health, Health Equity, And Access To Justice, Daniel G. Aaron, Wendy E. Parmet

Utah Law Faculty Scholarship

In this moment, the public health community can no longer afford the luxury of staying outside the arenas of politics and law. They must research empirically the impact of judicial decisions on health, treating the court’s decrees as a social determinant of health. They must also educate lawmakers on the impact of court decisions on people and patients, partner with policy and legal experts to inform the public about the important role that courts play in determining the health of individuals and communities, and attempt to combat the misinformation that muddles popular understandings of public health. Should we remain silent, …

A Seventh Amendment Remedy For Housing Instability, Gregory Zlotnick

Faculty Articles

After the 2023-2024 Supreme Court term, housing advocates despaired over the expected, yet still unwelcome, decision in City of Grants Pass v. Johnson. While focusing on this case is understandable, this Article suggests that scholars, policymakers, and advocates should train their focus on another, perhaps less expected case from the previous Supreme Court term: SEC v. Jarkesy.

In Jarkesy, the Court affirmed a defendant's constitutional right to a jury trial in an administrative proceeding that sought to enforce a right similar to one found at common law. The Court's capacious interpretation of the Seventh Amendment in Jarkesy has implications for …

Misaligned: An Update On Trends In Data Privacy Laws And Their Effect On Individuals, Jena Martin, Erin Kelley

Faculty Articles

In 2021, a data privacy white paper was published with the support of the Center of Consumer Law and Education-a joint initiative with West Virginia University and Marshall University. That paper provided a comprehensive overview of data privacy around the country (and indeed, a look around the world) and discussed various ways that consumers engage with data and data privacy issues-while focusing on West Virginia and the issues that the state's residents face. Specifically, the paper provided the results of a survey of West Virginians and a set of focus groups held to discern what consumers in the state consider …

Profiteers Of Death, Match Dawson

Faculty Articles

Brazenly operating within the illicit world of stranger-owned life insurance (“STOLI”), unscrupulous investors and colluding life insurance agents unapologetically engage in a calculated dance of fraud and deceit. With the skill of seasoned con artists, these “Profiteers of Death” prey upon the unsuspecting elderly community, strategically targeting senior assisted living facilities by dangling the golden carrot of easy money in exchange for unwittingly selling away their insurability for little more than copper pennies. Standing idle like salivating vultures, the Profiteers of Death make a mockery of legislative attempts to curb the illegitimate secondary market, perfectly exploiting regulatory deficiencies as they …

Foreword, Patricia B. Barnett

Journal of Race, Gender, and Ethnicity

No abstract provided.

How Climate Change And Environmental Policies Affect Impoverished Communities, Nicole Skala

Journal of Race, Gender, and Ethnicity

Climate change is a global problem that affects everyone, but not proportionately. Lower income communities face greater physical and economic impacts, and policies often fail to consider their needs. These communities struggle to adapt and recover from disasters due to limited resources, and they lack access to resilient housing. Major corporations like Exxon and Shell profit while their workers are underpaid for dangerous labor. Historically, regions like rural Appalachia have seen exploitation through industries like coal. People of Color (POC) communities experience environmental racism, suffering greater environmental harm due to systemic neglect. Increasing commodity costs can hurt lower income individuals, …

Looking Beyond The Blue: Exploring The Experiences Of Black Female Police Officers During Training, Stephanie M. Almodovar

West Chester University Doctoral Projects

This study employed a basic qualitative approach to explore the experiences of Black cisgender female police officers during the field-training segment of their police academy experience. Individual interviews were conducted using semi-structured questions to gain insight into how these officers interpreted and made sense of their experiences. The sample consisted of five Black female officers employed at accredited law enforcement agencies in the United States who had completed field training within the past decade. Data was collected through interviews and a demographic questionnaire. The interviews were transcribed and analyzed using both inductive and deductive coding. Four key themes emerged from …

2025–2026 Bulletin Of Information, Notre Dame Law School

Bulletins of Information

CONTENTS

• Admissions Information
• Academic Calendar
• Tuition and Fees
• Academic Requirements
• Off-Campus Programs
• Department of Veteran Affairs Pending Payment Policy
• Senior Administrative Leadership
• Hoynes Code

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

An Almighty Influence: Catholicism's Hand In Divergent Abortion Protection Outcomes From The Philippine And Mexican Judicial Systems, Maris Medina

Loyola University Chicago International Law Review

Since Spain introduced Catholicism in Mexico and the Philippines by way of violent colonization, the religious institution has fulfilled an enormous role in the two countries' governance. When considering reproductive justice, it is evident that the Mexican and Philippine governments' relationships with Catholicism have shaped the way political and judicial structures grant access to, interpret, and govern the right to abortion. With Catholicism's influence in government, how has one country decriminalized abortion and the other continues to levy criminal prosecution against it?

The 2023 decision from Mexico's Suprema Corte de Justicia de la Nación decriminalizing abortion nationwide tracks a greater …

Standing Up To China: How The Exclusive Economic Zone Of The Philippines And A Looming Alliance Will Challenge Relations With China In The South China Sea, Graham Colombo

Loyola University Chicago International Law Review

China has consistently asserted its jurisdiction throughout the South China Sea for approximately 40 years, but recent events illustrate a critical juncture in the area's longstanding conflicts. On August 5, 2023, a Chinese coast guard vessel deployed a water cannon against a Philippine boat in Philippine territory in the South China Sea. Following the incident, multiple countries in close proximity to the South China Sea have questioned their threshold for tolerance for China's aggressive actions. If these countries do not halt China's assertion of jurisdiction, China will keep advancing and claiming territory as their own.

The nine-dash line ruling, the …

Agoa In The New Context Of The Affcfta: The Need For Renewal And Reform, Melissa Zindel

Loyola University Chicago International Law Review

The African Growth and Opportunity Act (AGOA) ("Act") (19 U.S.C. § 3701) was signed into law on May 18, 2000, to promote "stable and sustainable economic growth and development" in sub-Saharan African countries through a system of enhanced trade preferences. Congress extended the Act in 2015, and it is currently set to expire in September 2025. The economic climate on the African Continent has changed substantially since AGOA's 2015 renewal, in large part due to the ratification of the African Continental Free Trade Agreement (AfCFTA), which went into effect on May 30, 2019. Nearly every African nation has now signed …

"Not A Victimless Crime": A Comparison Of Global Regulatory Frameworks And The Future Of The International Community's Response To Artificial Intelligence Crime, Blake Morrow

Loyola University Chicago International Law Review

The international community continues to implement regulations on artificial intelligence (Al). Fueled by AI's burgeoning generative ability, the technology's growth presents a heightened risk that bad actors will use Al systems to facilitate crimes or produce harmful content, including the production of child sex abuse materials (CSAM).

Despite this heightened risk, countries and other regulatory bodies struggle to balance the benefits of Al innovation against limiting any potential dangers. Moreover, with no uniform international regulations on Al and very little guidance from international leaders, the global Al regulatory landscape remains a fragmented patchwork of domestic approaches that limit international cooperation. …

Fair Play Or Fraud: The Disparity Of Wada's Enforcement Of International Anti-Doping Laws In Russia And China, Ashleigh Kaosombat

Loyola University Chicago International Law Review

This note examines the World Anti-Doping Agency's ("WADA") disparate enforcement of its Code in doping cases involving Russian and Chinese athletes, highlighting inconsistencies in sanctioning and examining the consequences of these deviations. This disparate application of WADA's Code provisions frustrates the agency's mission to promote fair competition in international sport by diluting the legitimacy and authority of its enforcement. In both WADA v. RUSADA (2020) and WADA v. RUSADA (2024), WADA launched full investigations into Russian athlete doping in international sporting competition.

WADA v. RUSADA (2020) demonstrates WADA's condemnation of Russian state-sponsored doping practices, while WADA v. RUSADA (2024), Kamila …

Who Do We Think We Are? Human Rights In A Time Of Ecological Change, Usha Natarajan

Loyola University Chicago International Law Review

This article explores the relationship between international human rights law and the environment. It begins with asking “who do we think we are” to understand the forms of subjecthood and subjectivity produced by human rights. It argues that human rights normalize a series of false conceptions about our collective self that have detrimental social and ecological consequences. The article next examines the question of “where we think we are”, probing the ontological rift between humans as subjects of rights and “the environment” as the repository of resources with which to satisfy human entitlements. The article challenges human rights as a …

Between Penal Code And Mob Justice: Pakistan's Violations Of The Iccpr Through Blasphemy-Driven Violence, Natasha Ali

Loyola University Chicago International Law Review

Blasphemy in Pakistan is not merely a legal offense—it is an allegation that can ignite a mob. For decades, the country’s blasphemy laws have been the subject of international scrutiny, particularly as they intersect with civil society and fuel the rise of extrajudicial violence perpetrated under a collective mob-justice mentality. The killing of Tahir Ahmed Naseem, a fifty-seven-year-old American citizen, shot in a courtroom while awaiting trial on blasphemy charges, is not an anomaly but a chilling illustration of a system where an accusation alone can become a death sentence.

The continued existence of these blasphemy laws has entrenched a …

The Birth Of The Franchised Dealer Model, Daniel A. Crane

Book Chapters

Chapter 1 traces the history of the franchise dealer model of car distribution, from the early wild west days of the internal combustion automobile to the political confrontations between Detroit’s Big Three and the “mom and pop” car dealers during the mid-twentieth century. The chapter examines the thinking of legendary management figures such as Henry Ford and Alfred P. Sloan, explains the dealer protection rationale behind state franchise dealer laws, and shows how the legacy car companies largely acquiesced in those laws until Tesla’s entry onto the scene.

Commonsense Consent And Action Representation: What Is “Essential” To Consent?, Roseanna Sommers

Book Chapters

Recent empirical work demonstrates that some instances of material deception are perceived by ordinary people as consent-defeating, whereas other instances are not. One hypothesized account of these divergent lay intuitions draws on the notion of “essence”: roughly speaking, lies that pertain to the “core” or “nature” of a consented-to act are perceived as precluding consent, whereas lies that pertain to features that are “nonessential” or “collateral” to the act are perceived as compatible with consent. To assess this hypothesized account, an independent measure of “essence”—one that does not rely with problematic circularity on notions of consent—is needed. This chapter draws …

Blood Quantum And The Auto-Colonization Of The Michigan Anishinaabek, Matthew L.M. Fletcher

Book Chapters

Anishinaabe storyteller Basil Johnston described the chronological path of life in four stages, what he called the four hills of life. The first stage, linked to the East, is infancy and early childhood, a time of preparation and listening. The second stage, linked to the South, is youth, a time of doing things. The third stage, linked to the West, is adulthood, a time of vision. The fourth stage, linked to the North, is Old Age, a time of the fulfillment of the vision and a time of sacred learning and teaching.

The twelve Michigan Anishinaabek tribal nations are in …

Countering Workplace Wellness Bias Through Wellness-Legal Partnerships, Barbara Zabawa

Faculty Works

In the current United States economy, wellness is predominantly marketed to society’s privileged individuals, catering to a mostly white and high-income clientele. When marginalized communities encounter wellness services, such as in the workplace, they are faced with an Implicitly biased industry. These biases include an emphasis on individual behavior change without considering social determinants of health (SDOH), cultural appropriation of wellness activities for capitalistic gain, use of biased health measures like Body-Mass Index (BMI) and constant images of and expectations of achieving a stereotypical healthy body. The legal community must wake up to these biases and advocate for more equitable …

Health Care Corporatization As A Catalyst For Wellness Legal Partnerships, Barbara Zabawa

Faculty Works

The increasing presence of private equity investment in physician practices reveals that current health law practice sites such as in-house, corporate law firms, and Medical Legal Partnerships (MLPs) are ill equipped to address patient harm from health care corporatization. A new type of health law practice is needed to address the adverse impact health care corporatization is having on health care purchasers (primarily employers and patients) and physicians. I label this new health law practice the Wellness Legal Partnership (WLP), modeled after the Medical Legal Partnership (MLP). WLP lawyers can look to systems leadership theory, lawyer fiduciary duties, and health …

No More Wild West: The Need For Wellness Professional Standards, Barbara Zabawa

Faculty Works

The burgeoning wellness industry attracts a lot of practitioners who are largely unregulated. This “wild west” of wellness creates uncertainty for insurers, employers, consumers and practitioners as to what services and items wellness practitioners can offer, whether those practitioners are qualified and whether they behave in an ethical manner. Some guideposts for these wellness stakeholders would be welcome and may reduce consumer harm. Guideposts for wellness is especially crucial in a time when the Braidwood v. Becerra case threatens the delivery of preventive care services by the health care sector. As we have learned from the health care sector, the …

Historical Perspectives On Family Law: An Annotated Bibliography, Allen Roston

Faculty Works

This bibliography lists articles and books that provide historical perspectives on major aspects of family law. It focuses on legal history, but it includes some works that look at family relationships and issues through the broader lenses of social history, cultural history, or other historical approaches.

Interview Of Naomi Cahn, June Carbone, And Nancy Levit, Moderated By Claire Hill And Matthew Bodie, Naomi Cahn, June Carbone, Nancy Levit, Claire Hill, Matthew Bodie

Faculty Works

This conversation occurred at the start of the conference on "Women at Work" on Thursday, October 24, 2024, from 1:45 to 2:45 p.m. The conference, sponsored by the University of Minnesota Law School, was inspired by the new book, Fair Shake: Women & The Fight to Build a Just Economy, by Naomi Cahn, June Carbone, and Nancy Levit. The co-authors were interviewed by two members of the University of Minnesota School of Law faculty, Claire Hill and Matt Bodie. What follows is the conversation, edited for clarity. Questions to the panelists are in italics, while their responses are in regular …

Policing In Pixels, Lea Cazaudumec Lucas

Journal of Law, Technology, & the Internet

Artificial Intelligence (AI) is transforming border security and law enforcement, with facial recognition technology (FRT) at the forefront of this shift. Widely adopted by U.S. federal agencies such as the FBI, ICE, and CBP, FRT is increasingly used to monitor both citizens and migrants, often without their knowledge. While this technology promises enhanced security, it’s early-stage deployment raises significant concerns about reliability, bias, and ethical data sourcing. This paper examines how FRT is being used at the U.S.-Mexico border and beyond, highlighting its potential to disproportionately target vulnerable groups and infringe on constitutional rights.

The paper provides an overview of …

Foreword: On The Trust Relationship, Alexandra Fay

Tulsa Law Review

No abstract provided.

The Right To Truth, Maureen Edobor

Scholarly Articles

This Article argues that today’s anti-CRT statutes, book bans, and “divisive concepts” laws are not isolated culture-war skirmishes but the latest chapter in a long campaign—dating back to the Lost Cause and the United Daughters of the Confederacy—to legislate white innocence as national identity. By sanitizing slavery, suppressing discussions of systemic racism, and threatening educators with punitive ambiguity, these laws flatten historical truth and convert classrooms into zones of anticipatory obedience. The result is a state-engineered amnesia that undermines the core First and Fourteenth Amendment protections the Supreme Court has recognized for more than a century, from Meyer and Barnette …