The Benefit Corporation: A Questionable Solution To A Non-Existent Problem.,
2013
St. Mary's University
The Benefit Corporation: A Questionable Solution To A Non-Existent Problem., Justin Blount, Kwabena Offei-Danso
St. Mary's Law Journal
Throughout American history a continuous call for businesses to wield their power and influence in such a way as to not only create economic value for shareholders, but also to create value in an ethical manner that benefits society as a whole has existed. Currently, many businesses respond to this call by integrating social responsibility into their operations. A recent innovation on this front is the development of the “benefit corporation” by the non-profit organization “B Lab.” The benefit corporation is essentially a hybrid entity. It is designed to have characteristics of both non-profit and for-profit entities. The entity also …
To A Friend: The Honorable Will Garwood.,
2013
St. Mary's University
To A Friend: The Honorable Will Garwood., Emilio M. Garza
St. Mary's Law Journal
William Lockhart Garwood died on July 14, 2011. In his thirty years on the court, Will would author numerous notable decisions, but his reputation would be solidified by two extraordinary cases: United States v. Lopez, in which, for the first time in recent judicial history, a court of appeals held that a congressional act was invalid as beyond the power of Congress under the Commerce Clause; and United States v. Emerson, in which, a court of appeals first articulated the Second Amendment protects individual Americans’ right to keep and bear arms. Neither case was without controversy. Not surprisingly, the Supreme …
Is Circumcision Legal?,
2013
University of Richmond
Is Circumcision Legal?, Peter W, Adler
Richmond Journal of Law and the Public Interest
An important, divisive, and unanswered question of American law - and indeed of international law - is whether it is legal to circumcise healthy boys. American medical association and experts assert that circumcision is a common, safe, and relatively painlesss procedure with many medical benefits that exceed the risks. They argue that insurance should pay for it. Some religious organizations argue that circumcision is a sacred religious ritual. In any event, proponents claim that parents have a general and religious right to make the circumcision decision. They can point to the fact that no physician has ever been held liable …
Heed Not The Umpire (Justice Ginsburg Called Nfib),
2013
University of Kentucky College of Law
Heed Not The Umpire (Justice Ginsburg Called Nfib), Nicole Huberfeld
Law Faculty Scholarly Articles
The pervasiveness of our healthcare problem seems to have bypassed most justices on the Supreme Court in the landmark case National Federation of Independent Business v. Sebelius (NFIB). And early commentary predominantly has focused on the constitutionality of the individual mandate, which codified the idea that Americans must have minimum health insurance coverage by January 1, 2014 or pay a tax penalty. Further narrowing the conversation, much of the postdecision commentary has also focused on Chief Justice Roberts’s constitutional analysis and its interplay with the joint dissent. This narrow scrutiny has resulted in missed opportunities: first, a critique of …
Where There Is A Right, There Must Be A Remedy (Even In Medicaid),
2013
University of Kentucky College of Law
Where There Is A Right, There Must Be A Remedy (Even In Medicaid), Nicole Huberfeld
Law Faculty Scholarly Articles
This Article will explore the power struggle that Medicaid invites and its potential elevation due to the pressures that will follow the Patient Protection and Affordable Care Act’s (ACA) expansion. Part I of this Article will describe the three phases of private enforcement litigation and how they have affected Medicaid reimbursement rates. This Part also will highlight the deceptive stability that has taken root in the lower federal courts by describing the recent state attempts to end private enforcement actions. The first Part will conclude by briefly considering the nature of the federalism arguments that states are making. Part II …
The Goals Of Fda Regulation And The Challenges Of Meeting Them,
2013
Case Western Reserve University School of Law
The Goals Of Fda Regulation And The Challenges Of Meeting Them, Ralph S. Tyler
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Moral From Sorrell: Educate, Don't Legislate,
2013
Case Western Reserve University School of Law
The Moral From Sorrell: Educate, Don't Legislate, Goerge R. Gooch, J. James Rohack, Marisa Finley
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Drafting A Sensible Conscience Clause: A Proposal For Meaningful Conscience Protections For Religious Employers Objecting To The Mandated Coverage Of Prescription Contraceptives,
2013
Case Western Reserve University School of Law
Drafting A Sensible Conscience Clause: A Proposal For Meaningful Conscience Protections For Religious Employers Objecting To The Mandated Coverage Of Prescription Contraceptives, Daniel J. Rudary
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Oliver C, Schroeder, Jr. Scholar-In-Residence Lecture: Improving The Quality Of Health Care Where Law, Accreditation, And Professionalism Collide,
2013
Case Western Reserve University School of Law
The Oliver C, Schroeder, Jr. Scholar-In-Residence Lecture: Improving The Quality Of Health Care Where Law, Accreditation, And Professionalism Collide, Mark R. Chassin
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Naprapath In The Rainforest,
2013
Loyola University Chicago, School of Law
The Naprapath In The Rainforest, John D. Blum
Faculty Publications & Other Works
No abstract provided.
Forward Special Edition: “Innovations In Public Health Law: Exploring New Strategies”,
2013
Loyola University Chicago, School of Law
Forward Special Edition: “Innovations In Public Health Law: Exploring New Strategies”, Lawrence E. Singer
Faculty Publications & Other Works
No abstract provided.
Cutting The Cord To Private Cord Blood Banking: Encouraging Compensation For Public Cord Blood Donations After Flynn V. Holder,
2013
University of Colorado Law School
Cutting The Cord To Private Cord Blood Banking: Encouraging Compensation For Public Cord Blood Donations After Flynn V. Holder, Seema Mohapatra
University of Colorado Law Review
This Article argues that the Ninth Circuit's recent ruling in Flynn v. Holder, which allowed compensation for peripheral blood stem cells ("PBSCs") obtained via apheresis] under the National Organ Transplant Act ("NOTA'), also opens up the possibility for compensation for umbilical cord blood ("cord blood"). The holding in Flynn applies to cord blood for several reasons. First, Flynn held that bone marrow was subject to NOTA's prohibition on compensation because bone marrow was explicitly mentioned in the statute. In contrast, no mention of cord blood appears in NOTA or its applicable regulations. Also, the procedure to utilize cord blood was …
Fatal Flaws: New Zealand's Human Tissue Act Fails To Provide An Avenue For Individuals To Give Legally Binding Informed Consent,
2013
University of Washington School of Law
Fatal Flaws: New Zealand's Human Tissue Act Fails To Provide An Avenue For Individuals To Give Legally Binding Informed Consent, Jennifer J. Howard
Washington International Law Journal
Improving the worldwide organ transplantation rate is an important goal for the world health community. Thousands of people die each year waiting for organs that would save their lives. New Zealand has one of the poorest rates of transplantation in the Western world. In 2008, New Zealand passed the Human Tissue Act in an attempt to improve the number of donors and ultimately increase the number of transplants performed. To promote the autonomy of individuals, the new law prioritized who can give informed consent for organ donation upon death, with individuals’ actions and intentions being paramount. The law allows individuals …
Patient Awareness And Approval For An Opt-Out Genomic Biorepository,
2013
Vanderbilt University Law School
Patient Awareness And Approval For An Opt-Out Genomic Biorepository, Ellen Wright Clayton, Kyle B. Brothers, Matthew J. Westbrook, M. Francis Wright, John A. Myers, Daniel R. Morrison, Jennifer L. Madison, Jill M. Pulley
Vanderbilt Law School Faculty Publications
Aim: In this study, we sought to assess patient awareness and perceptions of an opt-out biorepository. Materials & methods: We conducted exit interviews with adult patients and parents of pediatric patients having their blood drawn as part of their clinical care at Vanderbilt University Medical Center (TN, USA). Results: 32.9% of all patients and parents of pediatric patients report having heard of the opt-out biorepository, while 92.4% approve of this research effort based on a brief description. Awareness that leftover blood could be used for research increased among adult patients during the study period, from 34.3 to 50.0%. Conclusion: These …
Two Conflicts In Context: Lessons From The Schiavo And Bland Cases And The Role Of Best Interests Analysis In The United Kingdom,
2013
Western New England University School of Law
Two Conflicts In Context: Lessons From The Schiavo And Bland Cases And The Role Of Best Interests Analysis In The United Kingdom, Barbara A. Noah
Faculty Scholarship
This Essay considers the different approaches to end of life decision making for incapacitated patients in the United States and in the United Kingdom. In the United States, individual patient autonomy is the primary guidepost for making end of life decisions for incapacitated patients. In the United Kingdom, patient preference is openly and deliberately supplemented with a careful consideration of the patient’s best interest. To contrast the two approaches, the Essay focuses on two cases involving patients in permanent vegetative states (PVS) for whom little was known about their respective individual preferences, and it analyzes the differences in conceptualization and …
The Executive Right To Lease Mineral Real Property In Texas Before And After Lesley V. Veterans Land Board.,
2013
St. Mary's University
The Executive Right To Lease Mineral Real Property In Texas Before And After Lesley V. Veterans Land Board., Christopher S. Kulander
St. Mary's Law Journal
Abstract Forthcoming.
Deceiving Law Students: Employment Statistics And Tort Liability.,
2013
St. Mary's University
Deceiving Law Students: Employment Statistics And Tort Liability., Angie Roberts-Huckaby
St. Mary's Law Journal
Abstract Forthcoming.
To A Professor: Douglas Haddock Retires.,
2013
St. Mary's University
To A Professor: Douglas Haddock Retires., Charles Epps Ipock
St. Mary's Law Journal
Abstract Forthcoming.
New Oil And Old Laws: Problems In Allocation Of Production To Owners Of Non-Participating Royalty Interests In The Era Of Horizontal Drilling.,
2013
St. Mary's University
New Oil And Old Laws: Problems In Allocation Of Production To Owners Of Non-Participating Royalty Interests In The Era Of Horizontal Drilling., Benjamin Holliday
St. Mary's Law Journal
Oil and gas exploration and production is not only a big business, it is also an expensive one. As with any business, when faced with competing alternatives, operators generally prefer to pursue exploration in areas with more stable and predictable legal environments. Efforts have previously been made to make Texas such an environment, but as technology advances, legal rules often become unclear in their application. The explosion in horizontal drilling activity is challenging the courts and the Texas Railroad Commission to apply and adapt traditional legal and regulatory concepts to horizontal wells. The growing dominance of horizontal well development is …
Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions: A Constitutional Crisis Looms.,
2013
St. Mary's University
Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions: A Constitutional Crisis Looms., Patrick S. Metze
St. Mary's Law Journal
The consolidation of the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission (TJPC) into the Texas Juvenile Justice Department (TJJD) in 2011, produced a unified state juvenile justice agency to promote public safety first and to produce positive outcomes for youth, families, and communities second. As Professor Metze’s second paper discussing ways to effect a change in the School-to-Prison Pipeline, he first highlights the progress of TJJD’s use of Positive Behavioral Interventions and Supports (PBIS) in the Texas juvenile correctional context as continued evidence that such techniques, if effective in the correctional setting, will certainly work in the …
