The Ancient Magna Carta And The Modern Rule Of Law: 1215 To 2015.,
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.,
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.,
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,
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,
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?,
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,
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,
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,
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,
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,
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,
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,
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,
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),
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,
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),
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,
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,
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,
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.
