Law Commons^™

New Governance In Action: Community Health Centers And The Public Health Service Act, Yolonda Campbell

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Abdullahi V. Pfizer & The Alien Tort Statute: Kicking Open A Door Left Slightly Ajar By Sosa V. Alvarez-Machain, Tiffany A. Hetland

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Implementing The Affordable Care Act, Sidney D. Watson

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Making Health Markets Work Better Through Targeted Doses Of Competition, Regulation, And Collaboration, Len M. Nichols

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Loopholes In The Affordable Care Act: Regulatory Gaps And Border Crossing Techniques And How To Address Them, Timothy Stoltzfus Jost

Saint Louis University Journal of Health Law & Policy

No abstract provided.

The Aca, The Large Group Market, And Content Regulation: What’S A State To Do?, Amy B. Monahan

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Creating Multi-State Qualified Health Plans In Health Insurance Exchanges: Lessons For Rural And Urban America From The Federal Employees Health Benefits Program, Sidney D. Watson, Yolonda Campbell, Timothy Mcbride

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Rethinking Medicaid In The New Normal, Sara Rosenbaum, Benjamin D. Sommers

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Public Options: The Need For Long-Term Care, Its Costs, And Government’S Attempts To Address Them, Alexander N. Daskalakis

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Regulatory Barriers When Implementing E-Prescribing Of Controlled Substances: Could Model Language Be The Solution?, Charles S. Hartig

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Letter From The Editor, Monica Trigoso

American University Criminal Law Brief

No abstract provided.

Technology Management Trends In Law Schools, Carol A. Watson, Larry Reeves

Articles, Chapters and Online Publications

Discusses the role of librarians in law school technology management and analyzes technology staffing survey results for 2002, 2006, and 2010. While survey results indicate a trend toward establishing separate information technology departments within law schools, librarians are and will continue to be actively involved in law school technology.

Table Of Contents

Georgia Law Review

No abstract provided.

Rethinking The Commercial Law Treaty, John F. Coyle

Georgia Law Review

In international commercial transactions, it is not
always clear which state's law will apply to govern a
particular contract. Historically, states have sought to
address this problem by means of two types of treaties.
The first aims to solve the problem by bringing about the
substantive unification of commercial law across multiple
jurisdictions;once the law is everywhere the same, then it
no longer matters which state's law applies to govern the
contract. The second aims to solve the problem in part by
empowering the transacting parties to choose the law that
will govern their contract; once these parties know that …

Economic Loss, Punitive Damages, And The Exxon Valdez Litigation, Dr. Ronen Perry

Georgia Law Review

On March 24, 1989, the Exxon Valdez ran aground on
Bligh Reef off the Alaskan coast, spilling millions of
gallons of crude oil into Prince William Sound. At the

time, the spill was probably the worst environmental
disaster in American history, and it sparked unusually
extensive and complex litigation, as well as a vast
academic literature. The Article uncovers a fundamental
yet unnoticed inconsistency in American land-based and
maritime tort law that surfaced through the Exxon Valdez
litigation. On the one hand, liability for purely economic
losses was strictly limited under Robins Dry Dock v. Flint,
leaving dozens of thousands …

Enthusiastic Enforcement, Informal Legislation: The Unruly Expansion Of The Foreign Corrupt Practices Act, Amy D. Westbrook

Georgia Law Review

The Foreign Corrupt Practices Act (FCPA) was enacted
over thirty years ago to prohibit bribery of foreign officials
by U.S. persons. In the last few years, the Department of
Justice (DOJ) and the Securities and Exchange
Commission (SEC) have dramatically expanded the FCPA
through a surge in its enforcement. Responding to
complex developments in law, the global economy, and
agency politics, the DOJ and the SEC have brought ten
times as many cases as in prior years, and assessed
hundreds of millions of dollars in penalties. At the same
time, the substantive reach of the law has been extended
through …

Erisa Subrogation And The Controversy Over Sereboff: Silencing The Critics, The Divided Bench Is A Legitimate Standard, Ashley A. P. Frazier

Georgia Law Review

ERISA protects employees in the administration of
employer-sponsored benefit plans. When a party is injured
by third parties and a health and welfare benefit plan
governed by ERISA pays benefits, conflicts have arisen
between insurers seeking subrogation and individuals
seeking full recovery. Injured parties claim they should
not have to reimburse insurers while insurers deny
responsibility for damage caused by third parties. The
Supreme Court set the standard for plan fiduciary rights
to ERISA subrogation in Sereboff v. Mid Atlantic Medical
Services, Inc. Sereboff held that the plain wording of 29
U.S.C. § 1132(a)(3) means equitable relief available under
the …

The Panic Defense And Model Rules Common Sense: A Practical Solution For A Twenty-First Century Ethical Dilemma, Teresa M. Garmon

Georgia Law Review

The attorney-client relationshipremains one of the most
highly regarded associations in society and is of
indispensable importance for criminal defendants, but it
is not a relationship that lasts forever. The Model Rules of
Professional Conduct (Model Rules) not only allow
breaking this affiliation, but also sometimes demand it.
Yet, in other circumstances, the Model Rules and judicial
custom may force an attorney to proceed with a
representation-even in the face of fundamental
disagreement with the core defense in a criminal case.
Through the avenue of the gay panic defense, this Note
explores how attorneys can become trapped between their
own …

Table Of Contents

Georgia Law Review

No abstract provided.

Grossly Disproportional To Whose Offense? Why The (Mis)Application Of Constitutional Jurisprudence On Proceeds Forfeiture Matters, Amanda S. Bersinger

Georgia Law Review

To pass constitutional muster, fines-of which punitive
forfeitures are one type-must not be grossly
disproportional to the gravity of the offense from which
they arise. Currently, the United States Courts of Appeals
exhibit a split in their treatment of forfeiture of proceeds
acquired incident to a criminal enterprise. A majority of
courts to address the issue have held that proceeds
forfeitures are not punitive fines and thus escape
constitutional scrutiny. Other courts, including the
Fourth Circuit in the recent case United States v.
Jalaram, Inc., have concluded that proceeds forfeiture, like

that of instrumentalities of a crime, is punitive and …

Imprisoned By Liability: Why Bivens Suits Should Not Be Available Against Employees Of Privately Run Federal Prisons, Isabella R. Edmundson

Georgia Law Review

With the increasing privatization of prisons, a growing
issue is whether individual employees in private federal
prisons are liable through a Bivens suit for violating the
constitutional rights of inmates. Four circuits have
confronted the issue. Three circuits have held that no
Bivens action is available; but recently the Ninth Circuit
has held the contrary.
The Supreme Court's Bivens case law offers mixed
messages as to whether an implied cause of action should
be available in this situation. One view is that, despite an
initial willingness to expand Bivens, the Supreme Court
has consistently moved away from recognizing new Bivens …

Amy And Vicky's Cause: Perils Of The Federal Restitution Framework For Child Pornography Victims, Robert W. Jacques

Georgia Law Review

Child pornography is unique among violent crimes in at
least one aspect: victims are harmed not only from their

initial abuse but also from knowing that people on the
Internet continue to view the images. In recent years, a
split has arisen among federal courts on whether victims
of child pornography are entitled to restitution from non-
production offenders, i.e., offenders that were not involved
in the initial abuse of victims. The controversy has
surrounded 18 U.S.C. § 2259-the mandatory restitution
statute for sex offenses. While some courts find victim
harm not sufficiently traceable to the crimes at issue to …

Dedication & Remembrance, Hillary C. Miller

Georgia Law Review

Professor Anne Proffitt Dupre passed away on June 22, 2011,
following a hard-fought battle with cancer. She attended law
school at the University of Georgia where she graduated first in
her class in 1988 and served as the editor in chief of the Georgia
Law Review. She clerked for U.S. Supreme Court Justice Harry A.
Blackmun following a clerkship with Judge J.L. Edmondson of the
U.S. Court of Appeals for the 11th Circuit. In 1994, she returned
to Georgia Law and joined the faculty as a professor specializing in
education law and contract law. Prior to her passing, Professor
Dupre …

The Judicial Power And The Inferior Federal Courts: Exploring The Constitutional Vesting Thesis, A. Benjamin Spencer

Georgia Law Review

The Third Branch of our federal government has
traditionally been viewed as the least of the three in
terms of the scope of its power and authority. This
view finds validation when one considers the
extensive authority that Congress has been permitted
to exercise over the Federal Judiciary. From the
beginning, Congress has understood itself to possess
the authority to limit the jurisdiction of inferior
federal courts. The Supreme Court has acquiesced to
this understanding of congressional authority
without much thought or explanation.
It may be possible, however, to imagine a more
robust vision of the Judicial Power through closer …

Seen But Not Heard: An Argument For Granting Evidentiary Hearings To Weigh The Credibility Of Recanted Testimony, Michael M. Hill

Georgia Law Review

The case of Troy Davis shows how difficult it is for a
convicted criminal defendant to obtain postconviction
review of witness recantations. Convicted of murder on
the testimony of nine eyewitnesses, Davis spent over a
decade petitioning for judicial review of the recantations of
seven of those witnesses before the U.S. Supreme Court
ordered an evidentiary hearing in 2009. Concurrently, the
DNA revolution continued to prove the innocence of an
increasing number of convicted inmates across the nation,
and the majority of those convictions had relied on
eyewitness testimony. If these scientific advances suggest
that eyewitness identification is not as …

Maine Law Magazine - Issue No. 87, University Of Maine School Of Law

Maine Law Magazine

Features

• Remembering Judge Coffin: The ways of an ideal judge.

• Environmental Law: Professors Owen & Schindler tackle real-world problems.

• Going Global: Maine Law increases its international reach.

• Bankruptcy Law: Professor Lupica looks at the costs of bankruptcy law.

• Race and Law: Professor Jennifer Wriggins discusses her new book.

• Juvenile Justice: The Juvenile Justice Clinic offers work that matters.

Drug Fair Group, Inc., Robby Lockett, Scott Lochridge, Jessica Manning

Chapter 11 Bankruptcy Case Studies

No abstract provided.

Disentangling The Relationship Between Child Maltreatment And Violent Delinquency: Using A Nationally Representative Sample, Ilhong Yun, Jeremy D. Ball, Hyeyoung Lim

Criminal Justice Faculty Publications and Presentations

This study uses the National Longitudinal Study of Adolescents (Add Health) data, a nationally representative sample of adolescents, to disentangle the relationship between child maltreatment and violent delinquency. Also examined are potential moderating effects of gender, socioeconomic status (SES), and religiosity on the association between child maltreatment and violent delinquency. Contrary to prior research findings, the current analyses reveal that physical abuse is not associated with future violent delinquency, whereas sexual abuse and neglect predict violent delinquency significantly. The current study also did not reveal any moderating effects of gender, SES, and religiosity on the association between maltreatment and violent …