The Constitutional Imaginary: Just Stories About We The People,
2012
Cornell Law School
The Constitutional Imaginary: Just Stories About We The People, Gerald Torres, Lani Guinier
Cornell Law Faculty Publications
No abstract provided.
Some Thoughts On Health Care Exchanges: Choice, Defaults, And The Unconnected,
2012
University of Connecticut School of Law
Some Thoughts On Health Care Exchanges: Choice, Defaults, And The Unconnected, Brendan Maher
Faculty Articles and Papers
One feature of the ACA that appealed to observers across the political spectrum was the creation of health insurance “exchanges.” Among other things, exchanges are intended to aid consumers in making simple and transparent choices regarding the purchase of health insurance. This Article considers how exchanges might benefit from the use of “default” options — both online and off. Given the significant number of Americans that have limited or no Internet access, offline defaults may be an attractive way to promote coverage of the “unconnected.”
Property On The Borderline: A Comparative Analysis Of The Legal Status Of Animals In Canada And The United States,
2012
University of Victoria Faculty of Law
Property On The Borderline: A Comparative Analysis Of The Legal Status Of Animals In Canada And The United States, Maneesha Deckha
Cardozo Journal of International and Comparative Law
The article examines Canada's progressive stance on social issues but highlights that this progressiveness does not extend to animal rights, where Canada often lags behind the U.S. It explores legal developments challenging the traditional property status of animals, particularly in tort law and estate planning, while emphasizing that these changes are symbolic and limited to companion animals.
Introduction: Masculinities, Multidimensionality, And Law: Why They Need One Another,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Introduction: Masculinities, Multidimensionality, And Law: Why They Need One Another, Ann C. Mcginley, Frank Rudy Cooper
Scholarly Works
No abstract provided.
Inheritance Rights Of Posthumously Conceived Children In Texas Comment.,
2012
St. Mary's University
Inheritance Rights Of Posthumously Conceived Children In Texas Comment., Allison Stewart Ellis
St. Mary's Law Journal
The Texas Legislature should update its legislation pertaining to posthumously conceived children. More than 20,000 children are born from artificial insemination each year, some of whom are conceived following their father’s death. Whether or not these children are entitled to a share in their father’s estate is a question for each state legislature. Many states have adopted a version of the Uniform Parentage Act (UPA). The UPA states that once paternity of a posthumously conceived child is established, the child is entitled to inherit from the deceased’s estate. Texas has adopted the UPA in part and has added stringent requirements …
Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching Essay.,
2012
St. Mary's University
Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching Essay., Richard Flint
St. Mary's Law Journal
An essay is presented on consumer bankruptcy policy in the U.S. It informs about the significant changes in the consumer bankruptcy introduced by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 including incorporation of an ability-to-pay test as a requirement for getting the benefits of the act. It reviews the Catholic social teaching related to the interrelationship between the dignity of man and his rights and duties to promote justice and the common good.
In-House But Out In The Cold: A Comparison Of The Attorney-Client Privilege In The United States And European Union Comment.,
2012
St. Mary's University
In-House But Out In The Cold: A Comparison Of The Attorney-Client Privilege In The United States And European Union Comment., Andrew R. Nash
St. Mary's Law Journal
Abstract Forthcoming.
Can Immune Parties Really Be Responsible: An Analysis Of The Current Interpretation Of The Texas Responsible Third Party Statute And Its Vulnerability To Constitutional Challenge.,
2012
St. Mary's University
Can Immune Parties Really Be Responsible: An Analysis Of The Current Interpretation Of The Texas Responsible Third Party Statute And Its Vulnerability To Constitutional Challenge., Justin C. Roberts, Randell Roberts
St. Mary's Law Journal
The Texas Responsible Third Party (RTP) statute was amended in 2003 to give defendants the opportunity to have the jury apportion responsibility for the plaintiff’s damages to persons who were not joined in the lawsuit. A defendant could achieve this result by designating a “responsible third party.” Plaintiffs may often join responsible third parties as additional defendants. Under such situations, all culpable parties are before the court, defending themselves, and accountable to the plaintiff for their percentage of responsibility. When the statute worked in this fashion it achieved “a carefully constructed scheme balancing the interests of both defendants and claimants.” …
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.
Fidelity To Community: A Defense Of Community Lawyering,
2012
University of Miami School of Law
Fidelity To Community: A Defense Of Community Lawyering, Anthony V. Alfieri
Articles
No abstract provided.
Book Review, The Beauty Bias: The Injustice Of Appearance In Life And Law,
2012
University of South Dakota School of Law
Book Review, The Beauty Bias: The Injustice Of Appearance In Life And Law, Hannah Haksgaard
Faculty Publications
No abstract provided.
Social Networking And The Employment Relationship: Is Your Boss Creeping Up On You?,
2012
Schulich School of Law, Dalhousie University
Social Networking And The Employment Relationship: Is Your Boss Creeping Up On You?, Michael Keliher
LLM Theses
There are currently over 900 million Facebook users worldwide (and counting). With increased use of social networking comes new concerns for personal privacy and control of social networking information. More and more, Facebook activity trickles its way into offline contexts, perhaps none more so than the employment context. A new trend in the hiring process is social networking background checks, where some employers go so far as to request a candidate's Facebook password. Not only this, but the frequency of Facebook activity resulting in employment law disputes is increasing, and has even been found to constitute sufficient grounds for discipline …
Making Informed Consent Work In Nigerian Health Care,
2012
Schulich School of Law, Dalhousie University
Making Informed Consent Work In Nigerian Health Care, Oluchukwu Jacinta Aniaka
LLM Theses
The notion of informed consent to medical treatment is a fundamental precept in law. It recognizes autonomy and the right to personal inviolability, irrespective of nationality, socio-economic situation and ideological orientation. A full realization of autonomy in the Nigerian legal system is severely constricted by sociological and cultural factors. Of particular concern is the impact of oppression which may arise from socialization, arbitrary disclosure practice by physicians, or as a result of legislative enactment. To remedy the elemental defects in the Nigerian Code of Medical Ethics, without addressing the impediments posed by the social environment from which a patient operates, …
Affiliations: Foreign Law Firms’ Path Into India,
2012
New York Law School
Affiliations: Foreign Law Firms’ Path Into India, Christine Garg
NYLS Law Review
No abstract provided.
Constitutionalizing Immigration Law: The Vital Role Of Judicial Discretion In The Removal Of Lawful Permanent Residents,
2012
Florida A&M University College of Law
Constitutionalizing Immigration Law: The Vital Role Of Judicial Discretion In The Removal Of Lawful Permanent Residents, Maritza I. Reyes
Journal Publications
For decades, scholars and advocates criticized the harsh, mandatory nature of the Federal Sentencing Guidelines. They argued that federal district court judges should have discretion to authorize a punishment that fits the facts and circumstances of the crime and the defendant. Similarly, immigration scholars and advocates criticize the harsh laws that categorically remove lawful permanent residents, even after minor crimes, from the United States. In 2005, in United States v. Booker, the Supreme Court "constitutionalized" the Sentencing Guidelines by rendering them advisory, and returning judicial discretion to federal judges. This Article argues that the similar constitutional, historical, theoretical, societal, and …
A Modest Proposal: The Aged Of Death Row Should Be Deemed Too Old To Execute,
2012
University of New Mexico - School of Law
A Modest Proposal: The Aged Of Death Row Should Be Deemed Too Old To Execute, Elizabeth Rapaport
Faculty Scholarship
My exploration of the case for an Eighth Amendment bar against executing the long-serving elderly will begin with a review of the representation of the elderly on Americas death rows and a survey of the very limited avenues of relief currently available to them on the basis of age. I will then discuss the attribution problem by asking at whose door should 'fault' for long delays between condemnation and consummation of a capital sentence be laid--the prisoner, the state, or the working through of due process? For many jurists, attribution of fault is critical to resolving the question of whether …
Mge Ups Systems, Inc. V. Ge Consumer & Industrial, Inc.,
2012
New York Law School
Mge Ups Systems, Inc. V. Ge Consumer & Industrial, Inc., Alexander Hill
NYLS Law Review
No abstract provided.
