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Articles 211 - 240 of 382
Full-Text Articles in Legal Writing and Research
Series Llcs Part 2 - Current Status, Multi-State Issues And Potential Uniform Limited Liability Company Protected Series Act, Alberto R. Gonzales, J. Leigh Griffith
Series Llcs Part 2 - Current Status, Multi-State Issues And Potential Uniform Limited Liability Company Protected Series Act, Alberto R. Gonzales, J. Leigh Griffith
Law Faculty Scholarship
Part two of a two part article discussing the existing impediments to greater use of Series LLCs including taxation, bankruptcy, the Uniform Commercial Code and issues concerning multi-state activities and how these matters are being addressed by the National Conference of Commissioners on Uniform State Laws (NCCUSL).
Fraud And Abuse Panel, Ellen Bowden Mcintyre, Patsy Powers, Brian Roark, Daniel Patten
Fraud And Abuse Panel, Ellen Bowden Mcintyre, Patsy Powers, Brian Roark, Daniel Patten
Belmont Health Law Journal
A panel discussion on some concerns that we have about value based reimbursement structures. The panel today consists of two private practice attorneys and one government attorney. We have litigators and regulatory attorneys, so a good mix of attorneys across the spectrum.
What's Next?, Jim Cooper
What's Next?, Jim Cooper
Belmont Health Law Journal
This is the way I see the progression of recent American history. Unfortunately, the South was always a bastion of fee-for-service care; it still largely is. Managed care has largely failed us because it was largely managing costs, not care, in the ‘80s and ‘90s. Providers talk about value-based care, and “better” is better, but “better” is very hard to define. This field is very trendy right now. I’m a big advocate for pay-for-performance, but you have to be able to measure performance. So, what’s next? The bottom line is that “better” is still way too expensive. Health costs are …
Industries Perspective On Healthcare: Delivery In An Uncertain Policy Future, Dick Cowart, Darin Gordon, Michael Regier, Debbie Farringer
Industries Perspective On Healthcare: Delivery In An Uncertain Policy Future, Dick Cowart, Darin Gordon, Michael Regier, Debbie Farringer
Belmont Health Law Journal
Our panelists are here to give their Industry Perspectives. The Industry seems like it changes day to day, with everything that is happening. It is currently a moving target, in terms of where things are going and what can be expected. The discussion today will be about “what are some of the various things that have been thrown out there that might be changing the landscape of healthcare and what can practitioners think about?” and “What do we need to consider?” Hopefully can just have some good conversation about various policy proposals and pieces and parts of health care reform.
Public Pension Reform And The Takings Clause, Michael B. Kent
Public Pension Reform And The Takings Clause, Michael B. Kent
Belmont Law Review
Of the many current issues facing state and local governments, perhaps one of the most pressing is public pension reform. According to the U.S. Census Bureau, there are nearly 4,000 public pension systems in the United States, the vast majority (3,742) of which are administered by local governments. As of 2014, these systems had more than 19,000,000 members and more than 9,000,000 beneficiaries receiving periodic payments. But many of these systems are in serious financial trouble, collectively facing unfunded liabilities that, by some estimates, equal approximately $4.7 trillion. In light of these shortfalls, many states have enacted a variety of …
Is There A Law Of Regional Planning?, Brian W. Ohm
Is There A Law Of Regional Planning?, Brian W. Ohm
Belmont Law Review
This Article examines the law through the lens of regional planning. Globally, the twenty-first century has been called “the urban century,” with more people living in urban areas than in rural areas. In the United States in particular, our urban areas are often not comprised of a single city. Rather, our urban areas are comprised of numerous local governments: cities, villages, towns, and counties. The modern metropolis connotes an agglomeration of adjacent and interconnected local governments (often cities) clustered around a major urban center (often an older central city). This Article will provide a brief overview of some of the …
The Middle Class, Urban Schools, And Choice, Michael Lewyn
The Middle Class, Urban Schools, And Choice, Michael Lewyn
Belmont Law Review
It is common knowledge that middle- and upper-class parents tend to disfavor urban public schools, and that they often move to suburbs in order to avoid having to send their children to those schools. Thus, the condition of urban public schools contributes to suburban sprawl—that is, the movement of people and jobs from city to suburb. Because most suburbs are highly dependent on automobiles, such sprawl makes it more difficult for people without cars to reach jobs and other destinations, as well as increasing greenhouse gas emissions and other forms of automobile related pollution.This Article discusses a variety of possible …
Regionalism Panel Discussion, Jon Cooper, Ralph Schulz, Michael Skipper, Karl Dean
Regionalism Panel Discussion, Jon Cooper, Ralph Schulz, Michael Skipper, Karl Dean
Belmont Law Review
Regionalism Panel Discussion Featuring: Mr. Jon Cooper, Mr. Ralph Schulz, and Mr. Michael Skipper. Moderated by Mayor Karl Dean. October 7, 2016
Strengthening Our Cities, Raumesh Akbari
Strengthening Our Cities, Raumesh Akbari
Belmont Law Review
Belmont Law Review Symposium Presentation: Representative Raumesh Akbari, Strengthening Our Cities. October 7, 2016
Slicing The Pie: A Call For Congress To Enact Single-Factor Payroll Apportionment Of Interstate Business Revenue, Michael Bowen
Slicing The Pie: A Call For Congress To Enact Single-Factor Payroll Apportionment Of Interstate Business Revenue, Michael Bowen
Belmont Law Review
Almost all states levy some form of corporate income tax. In administering a corporate income tax system, states must make a series of policy decisions, including the tax rate and tax base. A more interesting problem arises, however, when considering corporations that do business in multiple states: how to determine the portion of income attributable to business within each state. This policy of apportionment is a crucial element of a corporate income tax system. Although the federal government has considered involving itself in determining how this income is apportioned to the various states, it never has. States have very little …
Municipal Finance And Asymmetric Risk, Lori Raineri, Darien Shanske
Municipal Finance And Asymmetric Risk, Lori Raineri, Darien Shanske
Belmont Law Review
In 2016, both major presidential candidates supported a big increase in federal spending for infrastructure improvements. This is a good thing in light of the state of America’s infrastructure. Given that much of the nation’s infrastructure is owned and maintained by local governments, such proposals require local governments to access the capital markets even more than they currently do. And, as it is, the municipal market is extremely large. In 2015 alone, there were 6,530 “new money” municipal bond issues, totaling nearly $153.86 billion. Looking forward, there is therefore good reason to pause and think about how local governments might …
First Zipcar, Now Uber: Legal And Policy Issues Facing The Expanding “Shared Mobility” Sector In U.S. Cities, Joseph P. Schwieterman, Mollie Pelon
First Zipcar, Now Uber: Legal And Policy Issues Facing The Expanding “Shared Mobility” Sector In U.S. Cities, Joseph P. Schwieterman, Mollie Pelon
Belmont Law Review
Innovations and technological disruptions in the “sharing economy” are shifting the contours of urban travel in the United States. Carsharing organizations such as car2go and Zipcar have grown exponentially over the past decade, expanding their memberships from 52,347 in 2004 to 1,181,087 in 2015. Ridesourcing companies like Lyft and Uber, which were entirely absent from most U.S. cities as recently as 2010, are now global powerhouses, each reportedly worth billions of dollars. Private investors, after avoiding investments in urban transit services for more than half a century, are now offering venture capital for Bridj, Chariot, and other companies. This Article …
Privileged For Being Stationary: Why The Practice Of Differentiating Between In-State And Out-Of-State Tuition Rates Are Unconstitutional, Hannah Mccann
Belmont Law Review
State universities charging out-of-state tuition prices through the use of durational residency requirements is unconstitutional in violation of the Privileges and Immunities Clause of Article IV for students who come into a state in order to attend school there because the practice hinders the operation of a system of higher education within the nation as a whole by allowing states to confer the privilege of in-state tuition upon residents that people coming into the state from other states do not receive. Additionally, the practice of using durational residency requirements in determining who is eligible for in-state tuition violates the right …
The Effects Of Personal Property Tax Liens On The Rights Of Secured Creditors, Keith Maune
The Effects Of Personal Property Tax Liens On The Rights Of Secured Creditors, Keith Maune
Belmont Law Review
In most states, counties are allowed to tax personal property and may attach liens to the personal property if the taxes are not paid. However, secured creditors may already have a lien on the same personal property, which they perfected by making the appropriate filing as set forth by the Uniform Commercial Code (the “UCC”). The laws that control the relative rights of the counties and the secured creditors vary widely among states. In some states, despite a creditor’s apparent priority under the UCC, a county’s lien can override a creditor’s prior lien, even without any registration or opportunity for …
Not Guilty, Again, Chase Doscher
Not Guilty, Again, Chase Doscher
Belmont Health Law Journal
Historically, there has been little incentive for healthcare and pharmaceutical corporations to adhere strictly to federal administrative regulations. The monetary penalties, while in the billions of dollars, have paled in comparison to the profits reaped by the unlawful marketing, off-label usages, and fraudulent billing to federal healthcare programs. In 2015, former Attorney General, Sally Yates, issued the now famous Yates Memorandum to take the first step in curbing this trend of corporate misconduct. Through this memorandum, the Department of Justice reaffirmed its commitment to prosecuting not only corporations, but to hold their executives personally liable for regulatory violations committed under …
The Expansion Of The “Right To Die”: Physician-Assisted Suicide, Concepts Of State Autonomy & The Proper Political Process For Legalization, Zachary Gureasko
The Expansion Of The “Right To Die”: Physician-Assisted Suicide, Concepts Of State Autonomy & The Proper Political Process For Legalization, Zachary Gureasko
Belmont Health Law Journal
Physician-assisted suicide has been the subject of fierce debate over the past few decades, and there is no doubt that it is an extremely sensitive issue with compelling arguments from both its detractors and its supporters. Its opponents usually refer to the practice of physician-assisted suicide by either that name, simply “suicide”, or euthanasia. Advocates of physician-assisted suicide term the procedure as physician-assisted death, physician aid in dying, or “death with dignity.” This Note will use the term “physician-assisted suicide”, as that seems to be the most neutral way to term the practice. In order to make sure that the …
Judicial Perspectives Series, Roger A. Page
Judicial Perspectives Series, Roger A. Page
Belmont Law Review
A transcript of the Judicial Perspective Panel Event at Belmont University College of Law Symposium.
Pumping 9 To 5: Why The Flsa’S Provisions Provide Illusory Protections For Breastfeeding Moms In The Workplace, Kierstin Jodway
Pumping 9 To 5: Why The Flsa’S Provisions Provide Illusory Protections For Breastfeeding Moms In The Workplace, Kierstin Jodway
Belmont Law Review
On March 30, 2010, former President Barack Obama signed into law the Patient Protection and Affordable Care Act, which amended the Fair Labor Standards Act (“FLSA”) of 1938. Due to this amendment, the FLSA now requires employers to provide workplace accommodations for working mothers who wish to continue expressing breast milk after returning to work. Although this legislation was intended to be a step in support of transforming the role of women in the workplace, in practice its protections fail to advance the legal policies and progressive changes to the American workplace that our society has tirelessly pushed for. This …
The Secret To 85% First-Time Bar Passage Rates, Jeffrey S. Kinsler, David L. Hudson Jr.
The Secret To 85% First-Time Bar Passage Rates, Jeffrey S. Kinsler, David L. Hudson Jr.
Law Faculty Scholarship
Many law schools have implemented bar preparation courses either as free-standing courses or as an integral part of their academic support program. On April 1, 2016, the ABA Journal published an article on the subject of law school bar preparation courses. Three law schools were featured in that article: Belmont University College of Law ("Belmont"), Florida International University College of Law ("FIU"), and the University of Missouri-Kansas City School of Law ("UMKC"). According to the ABA Journal, these law schools are out-performing their peers on bar exams due in part to in-house bar preparation courses. The story in the ABA …
Is Bar Exam Failure A Harbinger Of Professional Discipline?, Jeffrey S. Kinsler
Is Bar Exam Failure A Harbinger Of Professional Discipline?, Jeffrey S. Kinsler
Law Faculty Scholarship
Two of the reasons students fail the bar exam are lack of diligence and incompetence; these are also the primary reasons attorneys are disciplined. Using bar exam and disciplinary data from Tennessee, this Article substantiates the following theses: (1) The more times it takes a lawyer to pass the bar exam the more likely that lawyer will be disciplined for ethical violations, particularly early in the lawyer’s career; and (2) The more times it takes a lawyer to pass the bar exam the more likely that lawyer will be disciplined for lack of diligence—including non-communication—and/or incompetence.
Religious Freedom: The Original Civil Liberty, Loren E. Mulraine
Religious Freedom: The Original Civil Liberty, Loren E. Mulraine
Law Faculty Scholarship
What exactly is a “civil right?” What is a “civil liberty?” Are they synonymous? To the average American, the term “civil rights” conjures up images of the Jim Crow south, Rosa Parks, the Montgomery bus boycott, James Meredith’s integration of the University of Mississippi, Martin Luther King, Jr.’s March on Washington, the Edmund Pettus Bridge, and the Freedom Riders in Mississippi, among other historic events of the 1950’s and 60’s. Indeed, these are some of the most iconic events in modern U.S. history. They are also among the most important events in the modern civil rights movement. The legal area …
Collision Course: State Community Property Laws And Termination Rights Under The Federal Copyright Act - Who Should Have The Right Of Way?, Loren E. Mulraine
Collision Course: State Community Property Laws And Termination Rights Under The Federal Copyright Act - Who Should Have The Right Of Way?, Loren E. Mulraine
Law Faculty Scholarship
The purpose of this paper is to provide an overview of recapture rights under copyright law, as well as a primer on the difference between common law and community property law as it relates to property rights in a divorce proceeding. The paper will utilize as a case study the dispute between William “Smokey” Robinson and his former spouse, Claudette Robinson, and provide a statutory solution for future disputes where federal copyright law and state community property laws collide at the intersection of copyright terminations. Specifically, should these newly recaptured rights be treated as a new estate and thus not …
Anti-Profanity Laws And The First Amendment, David L. Hudson Jr.
Anti-Profanity Laws And The First Amendment, David L. Hudson Jr.
Law Faculty Scholarship
The essay first examines several current state laws that prohibit profanity under certain circumstances. It then details a few recent cases in which individuals were convicted for uttering profanity. The next section explains how profanity can be a part of an unprotected category of speech, such as fighting words, true threats, or harassment. Finally, the essay examines whether such laws and cases comport with First Amendment principles.
Cybersecurity Report Identifies Unique Challenges To Tackling Cybersecurity In Health Care, Deborah R. Farringer
Cybersecurity Report Identifies Unique Challenges To Tackling Cybersecurity In Health Care, Deborah R. Farringer
Law Faculty Scholarship
A discussion of the Health Care Industry Cybersecurity Task Force report regarding the preparedness of the health care industry to respond to ever increasing cybersecurity threats.
Send Us The Bitcoin Or Patients Will Die: Addressing The Risks Of Ransomware Attacks On Hospitals, Deborah R. Farringer
Send Us The Bitcoin Or Patients Will Die: Addressing The Risks Of Ransomware Attacks On Hospitals, Deborah R. Farringer
Law Faculty Scholarship
“You just have 10 days to send us the Bitcoin. After 10 days we will remove your private key and it's impossible to recover your files.” Message to Medstar employees. Within a span of just a few months in the spring of 2016, fourteen hospitals (four hospital systems) experienced ransomware attacks resulting in an inability for the hospitals to access any of their electronic medical records, including necessary patient data. Knowing that hospitals must have access to this data in order to appropriately treat and monitor patients, those responsible for the attacks requested a bitcoin payment as ransom for the …
Justice Davide Souter And His Care For First Amendment Freedoms, David Hudson
Justice Davide Souter And His Care For First Amendment Freedoms, David Hudson
Law Faculty Scholarship
Justice David Souter left a remarkable legacy during his time on the U.S. Supreme Court. Nowhere was this more evident than in his sensitivity and solicitude for First Amendment freedoms. This essay examines Justice Souter’s First Amendment legacy primarily through his jurisprudence in three areas: (1) the secondary effects doctrine; (2) public employee free-speech cases; and (3) Establishment Clause opinions.
Series Llcs Part 1 — Current Status, Multi-State Issues And Potential Uniform Limited Liability Company Protected Series Act, Alberto R. Gonzales, J. Leigh Griffith
Series Llcs Part 1 — Current Status, Multi-State Issues And Potential Uniform Limited Liability Company Protected Series Act, Alberto R. Gonzales, J. Leigh Griffith
Law Faculty Scholarship
The Series Limited Liability Company (“Series LLC”), a variation of the traditional limited liability company (LLC), is the newest entity enterprise on the business scene today. Within this legal entity, separate “series” or “cells” can be created and established under the umbrella of a single LLC. Despite being under one “umbrella,” each of these cells has characteristics that make it both separate from one another as well as from the Series LLC itself. There is not yet a common term for these distinct units although the term series or cell is often used. The Drafting Committee for the Limited Liability …
Advancing Executive Branch Immigration Policy Through The Attorney General's Review Authority, Alberto R. Gonzales, Patrick J. Glen
Advancing Executive Branch Immigration Policy Through The Attorney General's Review Authority, Alberto R. Gonzales, Patrick J. Glen
Law Faculty Scholarship
Prospects for comprehensive immigration reform look dim in light of past failures to enact legislation, such as the DREAM Act, and a continued period of divided government placing a skeptical Republican Congress in opposition to a sympathetic Democratic President. With legislative fixes for the United States’ immigration system unlikely in the near future, the Obama Administration will continue to press its immigration agenda via executive order and enforcement memorandum. Such initiatives do provide real short-term benefits, but they are by nature temporary and lack the ability to provide any permanent status to their beneficiaries. Importantly, however, they are not the …
Aesthetic Nondiscrimination & Fair Use, Brian L. Frye
Aesthetic Nondiscrimination & Fair Use, Brian L. Frye
Belmont Law Review
While courts do not consider the aesthetic value of an element of a work in determining whether it is protected by copyright, they do consider the aesthetic value of the use of a copyrighted element of a work in determining whether that use is a fair use. This asymmetry improperly and inefficiently discriminates in favor of copyright protection and against fair use. Moreover, the fair use transformativeness inquiry discriminates against marginalized authors, because courts are less likely to appreciate the aesthetic value of their uses of copyrighted works. Courts should apply the aesthetic nondiscrimination principle to both copyright and fair …
The Inadvisability Of Nonuniformity In The Licensing Of Cover Songs, Yolanda M. King
The Inadvisability Of Nonuniformity In The Licensing Of Cover Songs, Yolanda M. King
Belmont Law Review
In February 2015, the U.S. Copyright Office released a report entitled Copyright and the Music Marketplace, which summarizes its study of the music industry and recommends significant revisions to copyright law in response to the rapidly changing demands of the industry. Among its recommendations, the Copyright Office proposes an amendment to section 115(a)(2) of the Copyright Act. Currently, section 115(a)(2), referred to as the compulsory licensing provision of copyright law, permits someone to record a new version of a previously recorded and publicly distributed song, regardless of the format of the newly recorded version. The revised section 115(a)(2) would require …