Marsh Usa Inc. V. Cook: One Final Step Away From Light.,
2012
St. Mary's University
Marsh Usa Inc. V. Cook: One Final Step Away From Light., Michael D. Paul
St. Mary's Law Journal
Abstract Forthcoming.
Texas's Spoliation Presumption.,
2012
St. Mary's University
Texas's Spoliation Presumption., Rebecca Simmons, Michael J. Ritter
St. Mary's Law Journal
Abstract Forthcoming.
Administrative Procedure For The Twenty-First Century: An Introduction To The 2010 Model State Administrative Procedure Act.,
2012
St. Mary's University
Administrative Procedure For The Twenty-First Century: An Introduction To The 2010 Model State Administrative Procedure Act., John Gedid
St. Mary's Law Journal
The National Conference of Commissioners on Uniform State Laws (ULC) approved the Revised Model State Administrative Procedure Act (2010 MSAPA) in 2010. The model state administrative procedure acts (APA) have been one of the most successful endeavors of the ULC. They have played a major role in encouraging states to incorporate concepts of fairness into state agency procedure statutes and to make express provisions for judicial review of administrative action. Those states that adopted the model acts accomplished fairness goals while bringing efficiency and accuracy into the state administrative process. By providing an overview of the Act’s new features, this …
War Powers Pursuant To False Perceptions And Asymmetric Information In The Zone Of Twilight.,
2012
St. Mary's University
War Powers Pursuant To False Perceptions And Asymmetric Information In The Zone Of Twilight., Robert Bejesky
St. Mary's Law Journal
Abstract Forthcoming.
Obligatory Health,
2012
St. John's University School of Law
Obligatory Health, Noa Ben-Asher
Faculty Publications
The Supreme Court will soon rule on the constitutionality of the Patient Protection and Affordable Care Act passed in March 2010. Courts thus far are divided on the question whether Congress had authority under the Commerce Clause to impose the Act's "Individual Mandate" to purchase health insurance. At this moment, the public and legal debate can benefit from a clearer understanding of the underlying rights claims. This Article offers two principal contributions. First, the Article argues that, while the constitutional question technically turns on the interpretation of congressional power under the Commerce Clause, underlying these debates is a tension between …
Persons Affected By Traumatic Brain Injury In The Workplace; Implications For Employee Assistance Programs,
2012
University of Richmond
Persons Affected By Traumatic Brain Injury In The Workplace; Implications For Employee Assistance Programs, Dale Margolin Cecka
Law Faculty Publications
Employee Assistance Programs often provide behavioral health services to employees. The article discusses issues related to employees affected by traumatic brain injury such as psychosocial challenges that may accompany reentry into the workplace. Strategies that employers may utilize to accommodate such challenges are presented. Implications for practitioners are explored within the context of the Americans with Disabilities Act, disability management, and human resources.
Reproductive Freedom And Virginia's 2012 General Assembly Session,
2012
University of Richmond
Reproductive Freedom And Virginia's 2012 General Assembly Session, Katherine Greenier
Richmond Public Interest Law Review
While the Governor approved H.B. 462, the mandatory ultrasound bill, H.B. 62, H.B. 1285, and S.B. 637 failed in the General Assembly.37 As introduced this 2012 session, H.B. 1 contained different bill language than the prior years it has been introduced. H.B. 62, H.B. 1285, and S.B. 637 were new bills, not seen in past years. An analysis and overview of these measures sheds light on the increasing attempts and the tactics used by legislators to undermine reproductive freedom.
Virginia's War On Women: How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional,
2012
University of Richmond
Virginia's War On Women: How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas
Richmond Public Interest Law Review
This comment will discuss how the ultrasound bill, like similar ones in other states, is unconstitutional for two reasons. First, requiring a woman to undergo a medically unnecessary procedure at her own expense is an undue burden under Planned Parenthood v. Casey. Second, the Supreme Court has held that competent people have the right to refuse medical care. By requiring a woman to have an ultrasound, the State is depriving her of her constitutional right to refuse care. Part 11 of this comment will focus on the Supreme Court's role in shaping abortion policy. Part II(A) concerns the history of …
Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate,
2012
University of Richmond
Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate, Rachel Reynolds
Richmond Public Interest Law Review
coverage seems to have become overshadowed. This paper will inquire into what makes Gardasil different from other vaccines, and how that impacts its administration. Part I will describe the specifics of the HPV vaccine: how it works and how Virginia decided to promote its usage. Part II will examine the ways in which jurisdictions have traditionally understood vaccination policy, and contrast it with the ways in which they have handled the HPV vaccine. Part III will examine the disadvantages of continuing the mandate's ineffective political war of attrition, and suggest a coalition-building strategy to effect policy that honors communal values …
Masthead,
2012
Case Western Reserve University School of Law
Masthead, Volume 21 Issue 1 (2011)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
A Public Health Perspective On Health Care Reform,
2012
Case Western Reserve University School of Law
A Public Health Perspective On Health Care Reform, Micah L. Berman
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Constitutionality Of Current Legal Barriers To Telemedicine In The United States: Analysis And Future Directions Of Its Relationship To National And International Health Care Reform,
2012
Case Western Reserve University School of Law
The Constitutionality Of Current Legal Barriers To Telemedicine In The United States: Analysis And Future Directions Of Its Relationship To National And International Health Care Reform, Amar Gupta, Deth Sao
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Medical Liability And Health Care Reform,
2012
Case Western Reserve University School of Law
Medical Liability And Health Care Reform, Leonard J. Nelson Iii, Michael A. Morrisey, David J. Becker
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Fda Preemption Of Drug And Device Labeling: Who Should Decide What Goes On A Drug Label,
2012
Case Western Reserve University School of Law
Fda Preemption Of Drug And Device Labeling: Who Should Decide What Goes On A Drug Label, Tamsen Valoir Phd, Shubha Ghosh
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Increasing Consent For Organ Donation: Mandated Choice, Individual Autonomy, And Informed Consent,
2012
Case Western Reserve University School of Law
Increasing Consent For Organ Donation: Mandated Choice, Individual Autonomy, And Informed Consent, Hayley Cotter
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Masthead,
2012
Case Western Reserve University School of Law
Masthead, Volume 22 Issue 2 (2012)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Volume 22 Issue 1 (2012),
2012
Case Western Reserve University School of Law
Volume 22 Issue 1 (2012), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Waiver Of The Psychotherapist-Patient Privilege: Implications For Child Custody Litigation,
2012
Case Western Reserve University School of Law
Waiver Of The Psychotherapist-Patient Privilege: Implications For Child Custody Litigation, Marcia M. Boumil, Debbie F. Fretias, Cristina F. Freitas
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Bending The Health Cost Curve: The Promise And Peril Of The Independent Payment Advisory Board,
2012
Case Western Reserve University School of Law
Bending The Health Cost Curve: The Promise And Peril Of The Independent Payment Advisory Board, Ann Marie Marciarille, J. Bradford Delong
Health Matrix: The Journal of Law-Medicine
No abstract provided.
University Opposition To Unfettered Research: A New Bedfellow For Biotech?,
2012
Case Western Reserve University School of Law
University Opposition To Unfettered Research: A New Bedfellow For Biotech?, Katherine L. Record
Health Matrix: The Journal of Law-Medicine
No abstract provided.
