Texas Legislative Implications For Minors Accused Of Sexting.,
2013
St. Mary's University
Texas Legislative Implications For Minors Accused Of Sexting., Mallory N. Myers
St. Mary's Law Journal
State legislation criminalizing sexting—the possession or electronic transmission of visual material capturing a minor engaged in sexual conduct—should not punish minors similarly to adults. The Adam Walsh Child Protection and Safety Act of 2006 (Walsh Act) in conjunction with the Sex Offender Registration & Notification Act (SORNA), require that any individual, including a minor, convicted of child pornography register as a sex offender. As a result, states with legislation that categorize sexting as child pornography, will require a minor with a sexting conviction to register as a sex offender. This disportionate punishment on the minor will make it difficult for …
Water Can Be For Drinking Again: Economic And Collaborative Solutions To A Texas Water Fight.,
2013
St. Mary's University
Water Can Be For Drinking Again: Economic And Collaborative Solutions To A Texas Water Fight., Aaron Culp
St. Mary's Law Journal
Abstract Forthcoming.
The Co-Author Prenup.,
2013
St. Mary's University School of Law
The Co-Author Prenup., David A. Schlueter
St. Mary's Law Journal
Producing a book or article with co-authors is not an easy task. There are six potential issues one might consider before deciding to co-author a book or article. First, do you really want to be a co-author? Second, how many co-authors are going to be involved in the project? Having more than one co-author can make the departure of a co-author less of an issue, but each co-author needs to have a clearly defined role. Third, what role will each member of the team perform and what are those roles? Fourth, what should the co-author “marriage” look like? Multiple scenarios …
Secured Transaction History: Protecting Holmes' Notes Through The Conditional Sales Acts.,
2013
St. Mary's University
Secured Transaction History: Protecting Holmes' Notes Through The Conditional Sales Acts., George Lee Flint Jr.
St. Mary's Law Journal
The historical explanation for the adoption of the conditional sales acts is woefully lacking. How and why the first conditional sales acts arose are investigated. Grant Gilmore, when presenting his theory, confessed ignorance concerning the origins of the conditional sale transaction, first known as Holmes’ notes. The failure of traditional legal historians to explain the passage of the conditional sales acts encourages inquiry into their legislative history to find an explanation. Pre-Act American decisions provide clues regarding the ratification of the acts. The courts provided three explanations for their passage: to treat the conditional sale as a chattel mortgage, to …
The South Texas Drought And The Future Of Groundwater Use For Hydraulic Fracturing In The Eagle Ford Shale.,
2013
St. Mary's University
The South Texas Drought And The Future Of Groundwater Use For Hydraulic Fracturing In The Eagle Ford Shale., Taelor A. Allen
St. Mary's Law Journal
Texas has undergone a succession of historic droughts, each one creating unique problems and controversies. The state is also one of the largest national producers of oil and gas with the Eagle Ford Shale fields contributing to the production boom. The technique used to extract the oil is called hydraulic fracturing, which requires large volumes of water to be injected at high pressures to “frac” and release gas from an underground formation. The amount of water required places even greater strain on the regional water supply. This Comment highlights legal issues raised by the high volumes of groundwater used for …
Reconciling Liberty And Equality In The Debate Over Preimplantation Genetic Diagnoses,
2013
Toledo College of Law
Reconciling Liberty And Equality In The Debate Over Preimplantation Genetic Diagnoses, Jessica Knouse
Utah Law Review
This Article draws on postmodern theory to develop a framework for analyzing situations in which liberty and equality appear to conflict. It uses the debate over nontherapeutic preimplantation genetic diagnosis as an example. Preimplantation genetic diagnosis is almost entirely unregulated within the United States, and there seems to be relative consensus that its use for therapeutic or medical trait selection—for example, selection against certain genetic and chromosomal disorders— should be permitted. There is substantial disagreement, however, as to whether its use for nontherapeutic or nonmedical trait selection— selection based on prospective parents’ preferences for a particular sex, eye color, hair …
Essential Health Benefits And The Affordable Care Act: Law And Process,
2013
University of Michigan Law School
Essential Health Benefits And The Affordable Care Act: Law And Process, Nicholas Bagley, Helen Levy
Law & Economics Working Papers
Beginning in 2014, the Affordable Care Act (ACA) will require private insurance plans sold in the individual and small-group markets to cover a roster of “essential health benefits.” Precisely which benefits should count as essential, however, was left to the discretion of the Department of Health and Human Services (HHS). The matter was both important and controversial. HHS nonetheless announced its policy on essential health benefits by posting on its website a 13-page bulletin stating that it would allow each state to define essential benefits for itself by choosing a “benchmark” plan modeled on existing plans in the state. On …
"The Rise And Fall Of Welfare Health Legislation In 20th Century Chile: A Case Study In Political Economy Of Law",
2013
Osgoode Hall Law School of York University
"The Rise And Fall Of Welfare Health Legislation In 20th Century Chile: A Case Study In Political Economy Of Law", Jaime Llambias-Wolff
PhD Dissertations
This dissertation analyzes the economic and political dynamics of health legislation in Chile throughout the 20th century. Law is understood as a process, in which legislation is the consequence of the political interaction between different stakeholders within a specific socio-economic and political reality. Law thus performs as a function of its political dynamics. This case study discusses lawmaking in its multifaceted character fulfilling different roles, understanding health legislation in Chile as the expression of how society articulates and represents different interests and how health reforms are determined by the influence and capabilities of interest groups. The legal framework is situated …
What It Is-What It Should Be: An Empirical Analysis Of The Effect Of Procedures And Substantive Arguments On Adjudicative Tribunal Resource Allocation Decisions,
2013
Osgoode Hall Law School of York University
What It Is-What It Should Be: An Empirical Analysis Of The Effect Of Procedures And Substantive Arguments On Adjudicative Tribunal Resource Allocation Decisions, Lydia Christine Stewart Ferreira
PhD Dissertations
Our current understanding of tribunal resource allocation decision-making is via judicial review of tribunal decisions and/or the capacity, independence and appointment process of tribunal members. This analysis of tribunals provides incomplete information. This qualitative five year case study, however, asked the three following questions: Research Question #1: Do procedures statistically affect the resource allocation decisions of the Board? If so, what elements of the procedures create this statistical effect? The author analyzed the quantitative research results relative to the A4R theory’s four procedural conditions of transparency and concluded that the A4R theory it was not ‘fine grain’ enough to identify …
Is Circumcision Legal?,
2013
University of Richmond
Is Circumcision Legal?, Peter W, Adler
Richmond Public Interest Law Review
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 …
Volume 22 Issue 2 (2013),
2013
Case Western Reserve University School of Law
Volume 22 Issue 2 (2013), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Special Topic Introduction: Minerva At The Departure Gate,
2013
Case Western Reserve University School of Law
Special Topic Introduction: Minerva At The Departure Gate, Robert N. Strassfeld
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Asking The Right Questions: Body Scanners, Is Salus Populi Supreme Lex The Answer?,
2013
Case Western Reserve University School of Law
Asking The Right Questions: Body Scanners, Is Salus Populi Supreme Lex The Answer?, Victoria Sutton
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Patent Eligibility Of Diagnostic Methods After Prometheus: A Redefined Test For Transformation,
2013
Case Western Reserve University School of Law
The Patent Eligibility Of Diagnostic Methods After Prometheus: A Redefined Test For Transformation, Scott Frederick Peachman
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Masthead,
2013
Case Western Reserve University School of Law
Masthead, Volume 23 Issue 1 (2013)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Volume 23 Issue 1 (2013),
2013
Case Western Reserve University School of Law
Volume 23 Issue 1 (2013), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Changing Landscape Of Carrier Screening: Expanding Technology And Options?,
2013
Case Western Reserve University School of Law
The Changing Landscape Of Carrier Screening: Expanding Technology And Options?, Michelle L. Mcgowan, Deborah Cho, Richard R. Sharp
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Opportunistic Testing: The Death Of Informed Consent?,
2013
Case Western Reserve University School of Law
Opportunistic Testing: The Death Of Informed Consent?, Dena S. Davis
Health Matrix: The Journal of Law-Medicine
No abstract provided.
What Does Choice Really Mean?: Prenatal Testing, Disability, And Special Education Without Illusions,
2013
Case Western Reserve University School of Law
What Does Choice Really Mean?: Prenatal Testing, Disability, And Special Education Without Illusions, Deborah Pergament
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Safeguards For Mentally Disabled Respondents In Removal Proceedings,
2013
Case Western Reserve University School of Law
Safeguards For Mentally Disabled Respondents In Removal Proceedings, Christina P. Greer
Health Matrix: The Journal of Law-Medicine
No abstract provided.
