Law Commons^™

The Schizophrenia Of Physician Extender Utilization, Thomas R. Mclean

Annals of Health Law and Life Sciences

The Patient Protection and Affordable Care Act of 2010 provides incentives for healthcare to be delivered by Affordable Care Organizations (ACOs). The public face of many, if not most, ACOs is likely to be the Patient Centered Medical Home (PCMHs), a business structure that evolved from Retail Medical Clinics, which made greater use of physician extenders (PAs). Accordingly, this paper examines the evolution and structure of PCMHs as well as how the PCMH is regulated. As neither legal or market regulatory mechanisms are ideal for policing business structures that employ PAs, this paper concludes that the tort reform most appropriate …

Extending Social Host Liability: Chapter 154 Seeks To Hold Adults Accountable For Serving Alcohol To Minors, Joseph Fabel

McGeorge Law Review

No abstract provided.

The Promise Of The Minnesota Human Rights Act Denied: Krueger V. Zeman Construction Company, Leslie Lienemann, Justin Cummins

Journal of Law and Practice

No abstract provided.

Women's Rights In Islam Regarding Marriage And Divorce, Imani Jaafar-Mohammad, Charlie Lehmann

Journal of Law and Practice

No abstract provided.

Cargill V. Ace American Ins. Co.: The Minnesota Supreme Court Reminds Us Of The Value Of Every 2-Year-Old's Favorite Question, Chad Snyder

Journal of Law and Practice

No abstract provided.

Swanson V. Brewster: Are The Minnesota Courts Reforming The Tort System?, Stephen P. Laitinen, Hilary J. Loynes

Journal of Law and Practice

No abstract provided.

The Evolving International Judiciary, Karen J. Alter

Faculty Working Papers

This article explains the rapid proliferation in international courts first in the post WWII and then the post Cold War era. It examines the larger international judicial complex, showing how developments in one region and domain affect developments in similar and distant regimes. Situating individual developments into their larger context, and showing how change occurs incrementally and slowly over time, allows one to see developments in economic, human rights and war crimes systems as part of a longer term evolutionary process of the creation of international judicial authority. Evolution is not the same as teleology; we see that some international …

An Economic Analysis Of Fact Witness Payment, Eugene Kontorovich, Ezra Friedman

Faculty Working Papers

In this paper we discuss the disparate treatment of perceptual (''fact'') witnesses and expert witnesses in the legal system. We highlight the distinction between the perceptual act of witnessing and the act of testifying, and argue that although there might be good reasons to regulate payments to fact witnesses, the customary prohibition on paying them for their services is not justified by reference to economic theory. We propose considering a court mediated system for compensating fact witnesses so as to encourage witnessing of legally important events.We construct a simple model of witness incentives, and simulate the effects of several possible …

Resolving The Qualified Immunity Dilemma: Constitutional Tort Claims For Nominal Damages, James E. Pfander

Faculty Working Papers

Scholars have criticized the Court's qualified immunity decision in Pearson v. Callahan on the ground that it may lead to stagnation in the judicial elaboration of constitutional norms. Under current law, officers sued in their personal capacity for constitutional torts enjoy qualified immunity from liability unless the plaintiff can persuade the court that the conduct in question violated clearly established law. Pearson permits the lower courts to dismiss on the basis of legal uncertainty; it no longer requires the courts to address the merits of the constitutional question. This essay suggests that constitutional tort claimants should be permitted to avoid …

The Global Spread Of European Style International Courts, Karen J. Alter

Faculty Working Papers

Europe created the model of embedded international courts (IC), where domestic judges work with international judges to interpret and apply international legal rules that are also part of national legal orders. This model has now diffused around the world. This article documents the spread of European-style ICs: there are now eleven operational copies of the European Court of Justice (ECJ), three copies of the European Court of Human Rights, and a handful of additional ICs that use Europe's embedded approach to international law. After documenting the spread of European-style ICs, the article then explains how two regions chose European style …

The Oberlin Fugitive Slave Rescue: A Victory For The Higher Law, Steven Lubet

Faculty Working Papers

This article tells the story of the Oberlin fugitive slave rescue and the ensuing prosecutions in federal court. The trial of rescuer Charles Langston marked one of the first times that adherence to "higher law" was explicitly raised as a legal defense in an American courtroom. The article is adapted from my book -- Fugitive Justice: Runaways, Rescuers, and Slavery on Trial -- which tells this story (and several others) in much more detail.

In the fall of 1859, John Price was a fugitive slave living in the abolitionist community of Oberlin, Ohio. He was lured out of town and …

The Need For A Research Culture In The Forensic Sciences, Jonathan Koehler, Jennifer L. Mnookin, Simon A. Cole, Barry A.J. Fisher, Itiel E. Dror, Max Houck, Kieth Inman, David H. Kaye, Glenn Langenburg, D. Michel Risinger, Norah Rudin, Jay Siegel

Faculty Working Papers

The methods, techniques, and reliability of the forensic sciences in general, and the pattern identification disciplines in particular, have faced significant scrutiny in recent years. Critics have attacked the scientific basis for the assumptions and claims made by forensic scientists both in and out of the courtroom. Defenders have emphasized courts' long-standing acceptance of forensic science evidence, the relative dearth of known errors, and the skill and experience of practitioners. This Article reflects an effort made by a diverse group of participants in these debates, including law professors, academics from several disciplines, and practicing forensic scientists, to find and explore …

The Model Rules Of Professional Conduct Through The Lens Of The Proverbs, Scott E. Thompson

Faculty Publications and Presentations

No abstract provided.

When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian, Victor Vieth

Faculty Publications and Presentations

In many cases of child sexual and physical abuse, perpetrators use religious or spiritual themes to justify their abuse of a child. Although no known religion in modern culture suggests that sexual abuse is condoned or taught as part of its tenets, some church leaders engage in conduct suggesting the child is equally, if not more to blame than the perpetrator, while also urging immediate reconciliation between the perpetrator and victim. In more than one case, pastors have asked children to confess their own “sins” in being sexually abused and have even required children to “confess” in front of an …

But I'M Not Twenty-One Yet: How Section 3b1.4 Of The United States Sentencing Guidelines Ignored Congress's Intent To Enhance Sentences Only For Adults At Least Twenty-One-Years Of Age Who Corrupt Minors By Using Them To Commit Federal Offenses — And What Federal District Courts Can Do About It, Tory L. Lucas

Faculty Publications and Presentations

If five similar-yet-unrelated criminals use minors to commit similar federal crimes at the same time in different states, justice dictates that the federal sentencing system would fairly apply a use-of-minor enhancement to sentence these similarly situated defendants. One would think. But not all similarly situated defendants who use minors to commit federal offenses will be treated fairly. Why the disparity in federal sentencing? The answer lies in a conflict between the U.S. Congress and the U.S. Sentencing Commission. Congress directed the Sentencing Commission to promulgate a use-of-minor enhancement that ensures that the defendant’s age is relevant by focusing on adult …

The Case For Contribution In Patent Law, Bernard Chao

Sturm College of Law: Faculty Scholarship

Under tort law’s theory of contribution, when one party is sued, it can implead other parties that may be jointly and severally liable and ask that they pay their fair share of any judgment. Although contribution theory has spread to numerous wide-ranging areas of the law, patent law is not among them. Thus, when a manufacturer is sued for patent infringement, it cannot seek contribution from the component supplier that included the patented technology in its component. This omission from patent law has generated surprisingly little commentary. In the few instances where an accused infringer has sought a right of …

Outcomes & Assessment: A Golden Opportunity For Lrw Professors, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

The American Bar Association is currently discussing drafts of a proposal to shift the law school accreditation standards from inputs measurements (such as numbers of books, faculty student ratios, etc.) to outcomes assessment. While still in discussion, this shift has the potential to create profound change in legal education. For the first time, law schools may be held accountable – beyond the bar exam – for what and how they teach their students. Law schools all across the country are busy trying to determine what this will mean, and how to go about meeting the new ABA standard.

New Ways To Teach Drafting And Drafting Ethics, Lisa Penland, David I.C. Thomson, Susan Duncan, Karen J. Sneddon, Susan M. Chesler

Sturm College of Law: Faculty Scholarship

As foreign as it can seem to not be in a physical classroom with bodies sitting in the chairs listening, it is a very different way of teaching but it can be very effective. If you go through this process of developing and dividing outcomes, dividing modules, and selecting the right technology, it can work. And that is kind of a scary thought to some people. Perhaps not people who have come to this section today or to this conference about What's Next, but for many of our colleagues, this is kind of a scary thought – that you might …

Criminal Code Modernization And Simplification Act Of 2011: Hearing Before The H. Subcomm. On Crime, Terrorism And Homeland Security, 112th Cong., December 13, 2011 (Statement Of Stephen A. Saltzburg, Prof. Of Law, Gw Law School), Stephen A. Saltzburg

GW Law Faculty Testimony Before Congress & Agencies

No abstract provided.

A Balanced Budget Amendment: The Perils Of Constitutionalizing The Budget Debate: Hearing Before The Subcomm. On The Constitution, Civil Rights And Human Rights Of The S. Comm. On The Judiciary, 112th Cong., November 30, 2011 (Statement Of Alan B. Morrison, Assoc. Dean Pub. Interest & Pub. Service Law, Gw Law School), Alan B. Morrison

GW Law Faculty Testimony Before Congress & Agencies

No abstract provided.

Judicial Reliance On Foreign Law: Hearing Before The H. Subcomm. On The Constitution Of H. Comm. On The Judiciary, 112th Cong., December 14, 2011 (Statement Of David Fontana, Assoc. Prof. Of Law, Gw Law School), David Fontana

GW Law Faculty Testimony Before Congress & Agencies

No abstract provided.

Cyber Security: Protecting America's New Frontier: Hearing Before The H. Subcomm. On The Crime, Terrorism, And Homeland Security Of The H. Comm. On The Judiciary, 112th Cong., November 15, 2011 (Statement Of Orin S. Kerr, Prof. Of Law, Gw Law School), Orin S. Kerr

GW Law Faculty Testimony Before Congress & Agencies

No abstract provided.

The Use Of Criminal Records For Employment Screening Background Checks: Hearing Before The Equal Employment Opportunity Commission, July 26, 2011 (Statement Of Stephen A. Saltzburg, Behalf Of Aba & Prof. Of Law, Gw Law School), Stephen A. Saltzburg

GW Law Faculty Testimony Before Congress & Agencies

No abstract provided.

Enhanced Supervision: A New Regime For Regulating Large, Complex Financial Institutions: Hearing Before The Subcomm. On Financial Institutions And Consumer Protection Of The S. Comm. On Banking, Housing, And Urban Affairs, 112th Cong., December 7, 2011 (Statement Of Arthur E. Wilmarth, Jr., Prof. Of Law, Gw Law School), Arthur E. Wilmarth Jr.

GW Law Faculty Testimony Before Congress & Agencies

No abstract provided.

The Law Of Contracts: A Place To Start, C. Scott Pryor

Other Publications

No abstract provided.

Risky Business Versus Overt Acts: What Relevance Do Actuarial, Probabilistic Risk Assessments Have For Judicial Decisions On Involuntary Psychiatric Hospitalization, Douglas Mossman Md

Faculty Lectures and Presentations

Recently, several authors have suggested that only by incorporating findings from actuarial risk assessment instruments (ARAIs) can mental health experts provide evidence-based testimony in mental health commitment hearings. Determining eligibility for involuntary hospitalization seems like an appropriate, natural, obvious application of ARAIs. Similar instruments are used frequently in decision-making about sex offender commitments, where (as with mental health commitment) social policy ostensibly aims to protect the public from harmful acts by persons with mental abnormalities. Also, all evidence suggests that actuarial techniques for judging dangerousness are superior to other methods of assessing the risk of future violence.

Yet in many …

Taking Plea Bargaining Seriously: Reforming Pre-Sentence Reports After Padilla V. Kentucky, Gabriel J. Chin

Saint Louis University Public Law Review

No abstract provided.

Women And Children Last: The Prosecution Of Sex Traffickers As Sex Offenders And The Need For A Sex Trafficker Registry, Geneva Brown

Law Faculty Publications

Sex trafficking is a moral and legal tragedy that affects thousands in the United States and abroad. The U.S. State Department estimates that human traffickers bring between 14,500 and 17,500 persons annually into the United States for various avenues of exploitation, including involuntary servitude and forced prostitution. Human traffickers are highly organized into criminal syndicates that reap exponential profits exploiting vulnerable women and children. Individual states struggle to prosecute traffickers and must rely on federal prosecution of trafficking enterprises. International cooperation with local law enforcement is essential in combating trafficking, especially in the sex trade. This Article proposes that an …

Canines In The Classroom: Service Animals In Primary And Secondary Educational Institutions, Rebecca J. Huss

Law Faculty Publications

This Article focuses on the issue of whether a child with a disability has the legal right to attend a primary or secondary school with a service animal. It begins by setting forth basic information regarding the children who are currently receiving special education services and discussing the increasing number of animals placed into service with individuals under the age of eighteen, focusing on the recent trend of utilizing service animals to assist children with an autism spectrum disorder. Studies relating to the common argument against allowing service animals in schools – the impact of service animals on others with …

Gender-Based Affirmative Action And Reverse Gender Bias: Beyond Gratz, Parents Involved, And Ricci, Rosalie Levinson

Law Faculty Publications

No abstract provided.