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The Ancient Magna Carta And The Modern Rule Of Law: 1215 To 2015., Vincent R. Johnson 2015 St. Mary's University

The Ancient Magna Carta And The Modern Rule Of Law: 1215 To 2015., Vincent R. Johnson

St. Mary's Law Journal

This article argues the text of the Magna Carta, now 800 years old, and reflects many of the values that are at the center of the modern concept of the Rule of Law. A careful review of its provisions reveals the Magna Carta demonstrates a strong commitment to the resolution of disputes based on rules and procedures that are consistent, accessible, transparent, and fair; and to the development of a legal system characterized by official accountability and respect for human dignity.


Lincoln V. The Proslavery Constitution: How A Railroad Lawyer's Constitutional Theory Made Him The Great Emancipator., Paul Finkelman 2015 St. Mary's University

Lincoln V. The Proslavery Constitution: How A Railroad Lawyer's Constitutional Theory Made Him The Great Emancipator., Paul Finkelman

St. Mary's Law Journal

Abstract Forthcoming.


A Constitutional Amendment Allowing Broader Campaign-Finance Reform Would Not Criminalize Political Satire., Christopher W. Bell 2015 St. Mary's University

A Constitutional Amendment Allowing Broader Campaign-Finance Reform Would Not Criminalize Political Satire., Christopher W. Bell

St. Mary's Law Journal

Campaign finance remains a perennial issue, because contributions and expenditures define the political campaigns which shape our democracy. While a majority of the American public supports limiting campaign spending, campaign finance reform remains near the bottom of most voters’ priorities. Reformers have called the lack of the public’s interest “[o]ne of the persistent mysteries of campaign finance reform.” Citizens United v. F.E.C. focused national attention on the role of money in politics. Citizens United evoked such strong reactions, because it represents the two competing versions of the concept of freedom of speech: “free speech as serving liberty” and “free speech …


The Missing Victims Of Health Care Fraud, Anthony Kyriakakis 2015 Temple University Beasley School of Law

The Missing Victims Of Health Care Fraud, Anthony Kyriakakis

Utah Law Review

Over the past few decades, combating criminal health care fraud has become one of the highest priorities of federal law enforcement, which views and treats it as a financial crime that causes vast economic losses to the government and private insurers. But the crime also causes, or threatens, physical harms to individual health care patients, a class of victims that the criminal justice system often fails to recognize. This Article is the first to explore how structures and hidden levers of power within the criminal justice bureaucracy lead agents and prosecutors to select—and ignore—particular harms and victims and, more importantly, …


The Dsm-5: Implications For Health Law, Stacey A. Tovino 2015 William S. Boyd School of Law, University of Nevada, Las Vegas

The Dsm-5: Implications For Health Law, Stacey A. Tovino

Utah Law Review

In May 2013, the American Psychiatric Association released the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (“DSM-5”). Among other changes, the DSM-5 includes new entries for hoarding disorder and premenstrual dysphoric disorder as well as a reclassified entry for gambling disorder. Using these changes as examples, this Article examines the implications of the DSM-5 for key

issues in health law, including health insurance coverage, public and private disability benefit eligibility, and disability discrimination protection. As a descriptive matter, this Article illustrates how the addition of new disorders and the reclassification of existing disorders in the DSM-5 …


The Dsm-5 And Criminal Defense: When Does A Diagnosis Make A Difference?, Nancy Haydt 2015 SJ Quinney College of Law, University of Utah

The Dsm-5 And Criminal Defense: When Does A Diagnosis Make A Difference?, Nancy Haydt

Utah Law Review

In June 2013, the American Psychiatric Association published the Fifth Edition of the Diagnostic and Statistical Manual of Mental Disorders (“DSM-5”). The DSM-5 was intended to be an updated guidebook for the clinical diagnosis of mental disorders. It received mixed reviews from the mental health community. The reception from the forensic mental health community is likewise varied. The evolution of conceptualizing mental illness, its origins and treatment efficacy, may weaken the authority of the DSM and further confuse its application in forensic situations. This Article explores the possible effects of the DSM-5 in criminal cases.


“I Expected It To Happen/I Knew He’D Lost Control”: The Impact Of Ptsd On Criminal Sentencing After The Promulgation Of Dsm-5, Michael L. Perlin 2015 New York Law School

“I Expected It To Happen/I Knew He’D Lost Control”: The Impact Of Ptsd On Criminal Sentencing After The Promulgation Of Dsm-5, Michael L. Perlin

Utah Law Review

Given the limited definition of PTSD in earlier versions of DSM, the pernicious roles of sanism and OCS, and judges’ reluctance to embrace mental disability as a mitigator within the Federal Sentencing Guidelines, PTSD diagnoses have had little positive impact on the criminal sentencing process. The expanded definition of PTSD in DSM-5 may have profound effects on all criminal sentencing. By expanding the range of symptom clusters, DSM-5 makes more defendants “eligible” to seek sentence reductions based on the 2011 amendments to the Guidelines and the statutory criteria for such reduction.


Diagnosis Dangerous: Why State Licensing Boards Should Step In To Prevent Mental Health Practitioners From Speculating Beyond The Scope Of Professional Standards, Jennifer S. Bard 2015 University of Cincinnati College of Law

Diagnosis Dangerous: Why State Licensing Boards Should Step In To Prevent Mental Health Practitioners From Speculating Beyond The Scope Of Professional Standards, Jennifer S. Bard

Utah Law Review

This Article reviews the use of mental health experts to provide testimony on the future dangerousness of individuals who have already been convicted of a crime that qualifies them for the death penalty. Although this practice is common in many states that still retain the death penalty, it most frequently occurs in Texas because of a statute that makes it mandatory for juries to determine the future dangerousness of the defendant they have just found guilty. Both the American Psychiatric Association and the American Psychological Association have protested the use of mental health professionals in this setting because there are …


Professional Standards And Legal Standard Setting, Kirsten N. Bookmiller 2015 Vanderbilt University Law School

Professional Standards And Legal Standard Setting, Kirsten N. Bookmiller

Vanderbilt Journal of Transnational Law

This Article draws attention to the nascent efforts of emergency medical personnel, convened under World Health Organization auspices, to improve humanitarian health responses following catastrophic natural disasters. The Foreign Medical Team Working Group (FMT-WG) is pursuing new professional standards related to sectoral coordination, classification and registration. As its approach has been significantly influenced by the International Search and Rescue Advisory Group's (INSARAG) prior advances in these areas, INSARAG's contributions will first be highlighted. While more atypical contributors to international lawmaking than traditionally studied, the efforts by both groups shed significant light into the burgeoning International Disaster Response Law field. Two …


Masthead, Volume 24 (2014) 2015 Case Western Reserve University School of Law

Masthead, Volume 24 (2014)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Oliver C. Schroeder, Jr. Scholar-In-Residence Lecture -- Rationing Vs. Reengineering: The 21st Century Challenge For American Health Care, David Blumenthal 2015 Case Western Reserve University School of Law

The Oliver C. Schroeder, Jr. Scholar-In-Residence Lecture -- Rationing Vs. Reengineering: The 21st Century Challenge For American Health Care, David Blumenthal

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Privacy Vs. Progress: Research Exceptionalism Is Bad Medicine, Suzanne M. Rivera 2015 Case Western Reserve University School of Law

Privacy Vs. Progress: Research Exceptionalism Is Bad Medicine, Suzanne M. Rivera

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Crossing 138: Two Approaches To Churn Under The Affordable Care Act, Gabriel Ravel, J. Angelo DeSantis 2015 Case Western Reserve University School of Law

Crossing 138: Two Approaches To Churn Under The Affordable Care Act, Gabriel Ravel, J. Angelo Desantis

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Mandatory School-Based Mental Health Services And The Prevention Of School Violence, Tessa Heller 2015 Case Western Reserve University School of Law

Mandatory School-Based Mental Health Services And The Prevention Of School Violence, Tessa Heller

Health Matrix: The Journal of Law-Medicine

No abstract provided.


How Medicare Part D, Medicaid, Electronic Prescribing, And Icd-10 Could Improve Public Health (But Only If Cms Lets Them), Jennifer L. Herbst 2015 Case Western Reserve University School of Law

How Medicare Part D, Medicaid, Electronic Prescribing, And Icd-10 Could Improve Public Health (But Only If Cms Lets Them), Jennifer L. Herbst

Health Matrix: The Journal of Law-Medicine

No abstract provided.


"Death Is Different": Limiting Health Care For Death Row Inmates, Michelle Masotto 2015 Case Western Reserve University School of Law

"Death Is Different": Limiting Health Care For Death Row Inmates, Michelle Masotto

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 25 (2015), Case Western Reserve Health Matrix: Journal of Law-Medicine 2015 Case Western Reserve University School of Law

Volume 25 (2015), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care, Dayna Bowen Matthew 2015 Case Western Reserve University School of Law

Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care, Dayna Bowen Matthew

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Race And Rationing, Rene Bowser 2015 Case Western Reserve University School of Law

Race And Rationing, Rene Bowser

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Understanding And Addressing The Common Roots Of Racial Health Disparities: The Case Of Cardiovascular Disease And Hiv/Aids In African Americans, Matha E. Lang, Chloe E. Bird 2015 Case Western Reserve University School of Law

Understanding And Addressing The Common Roots Of Racial Health Disparities: The Case Of Cardiovascular Disease And Hiv/Aids In African Americans, Matha E. Lang, Chloe E. Bird

Health Matrix: The Journal of Law-Medicine

No abstract provided.


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