Essay: Justice Thurgood Marshall, Great Defender Of First Amendment Free-Speech Rights For The Powerless,
2018
Belmont University - College of Law
Essay: Justice Thurgood Marshall, Great Defender Of First Amendment Free-Speech Rights For The Powerless, David L. Hudson Jr.
Law Faculty Scholarship
This essay explains that Justice Thurgood Marshall’s passionate defense of freedom of expression can be seen most clearly in his defense of free-speech rights even when the government acts not as sovereign, but as warden, employer, or educator. In other words, Marshall’s commitment to free-speech is shown most forcefully by how he consistently protected the free-expression rights of inmates, public employees, and public school students.
From Guns That Do Not Shoot To Foreign Staplers: Has The Supreme Court's Materiality Standard Under Escobar Provided Clarity For The Health Care Industry About Fraud Under The False Claims Act?,
2018
Belmont University - College of Law
From Guns That Do Not Shoot To Foreign Staplers: Has The Supreme Court's Materiality Standard Under Escobar Provided Clarity For The Health Care Industry About Fraud Under The False Claims Act?, Deborah R. Farringer
Law Faculty Scholarship
As federal district courts and courts of appeals attempt to apply the Supreme Court’s dictates in Universal Health Services, Inc. v. U.S. ex rel. Escobar, it is necessary to ask whether the Court succeeded in easing the complexity of this aspect of the Federal Claims Act (FCA). Have lower courts been able to consistently apply the new standards to assess materiality? Or, has the opinion, which arguably both broadened and narrowed application of the implied false certificate theory and when liability might attach, further muddied the waters for courts and parties attempting to determine whether behavior is of the sort …
The Computer Made Me Do It: Is There A Future For False Claims Act Liability Against Electronic Health Record Vendors?,
2018
Belmont University - College of Law
The Computer Made Me Do It: Is There A Future For False Claims Act Liability Against Electronic Health Record Vendors?, Deborah R. Farringer
Law Faculty Scholarship
Since the advent of the movement toward the use of electronic medical records, an axiom in the promotion of electronic health records (EHRs) has been the idea that the use of EHRs will reduce medical errors. Certainly, there are countless examples of how technology can improve the health care experience and aid providers in reducing medical errors, including errors of medication administration, medication management, access to decision support tools, telemedicine, immediate access to diagnostic tests and other clinical information and treatment results—just to name a few. Even with such improvements, however, EHRs have not entirely eliminated medical errors and new …
Cardozo’S Freudian Slips,
2018
Touro University Jacob D. Fuchsberg Law Center
Masthead,
2018
Touro University Jacob D. Fuchsberg Law Center
Table Of Contents,
2018
Touro University Jacob D. Fuchsberg Law Center
Masthead,
2018
Touro University Jacob D. Fuchsberg Law Center
Table Of Contents,
2018
Touro University Jacob D. Fuchsberg Law Center
A Tribute To Ilene Barshay,
2018
Touro University Jacob D. Fuchsberg Law Center
A Tribute To Ilene Barshay, Susan J. Wolfersdorf
Touro Law Review
No abstract provided.
Narrative Topoi In The Digital Age,
2018
Boston University School of Law
Narrative Topoi In The Digital Age, Zahr K. Said, Jessica Silbey
Faculty Scholarship
Decades of thoughtful law and humanities scholarship have made the case for using humanistic texts and methods in the legal classroom. We build on that scholarship by identifying and describing three “narrative topoi” of the twenty-first century – podcasts, twitter and fake news. We use the term “topos” (from the Greek meaning “place”) and its plural, “topoi,” to mean “a literary commonplace” and “general setting for discussion” in the context of literary forms. Like an identifiable genre, narrative topoi are familiar story paths for audiences to travel. These narrative topoi live in contemporary popular culture and are products of digital …
Corporate Personhood And The History Of The Rights Of Corporations: A Reflection On Adam Winkler’S Book We The Corporations: How American Businesses Won Their Civil Rights,
2018
Boston University School of Law
Corporate Personhood And The History Of The Rights Of Corporations: A Reflection On Adam Winkler’S Book We The Corporations: How American Businesses Won Their Civil Rights, Jack M. Beermann
Faculty Scholarship
Adam Winkler’s book We the Corporations: How American Businesses Won Their Civil Rights is an impressive work on several different levels. Because so much of the development of American constitutional law over the centuries has involved businesses, the book is a nearly comprehensive legal history of federal constitutional law. It certainly would be worthwhile reading for anyone interested in the constitutionality of economic regulation in the United States, spanning the controversies over the first and second Banks of the United States, through the Lochner era and present-day clashes over corporate campaign spending, and religiously-based exemptions to generally applicable laws such …
A Pioneer And Role Model,
2018
Touro Law Center
Ilene Barshay: A Beloved Friend And Colleague,
2018
Touro Law Center
Ilene Barshay: A Beloved Friend And Colleague, Rena C. Seplowitz
Touro Law Review
No abstract provided.
Remarks At Memorial Service For Beth Mobley,
2018
Touro Law Center
Remarks At Memorial Service For Beth Mobley, Jeffrey B. Morris
Touro Law Review
No abstract provided.
Beth Mobley: The Consummate Professional,
2018
Touro Law Center
Beth Mobley: The Consummate Professional, Rodger D. Citron
Touro Law Review
No abstract provided.
Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar,
2018
Touro Law Center
Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar, Samuel J. Levine
Touro Law Review
No abstract provided.
My Friend, Ilene Barshay,
2018
Touro University Jacob D. Fuchsberg Law Center
Beth Mobley Memorial,
2018
Touro Law Center
The Continuing Duty In Reality: A Preliminary Empirical Look,
2018
Boston University School of Law
The Continuing Duty In Reality: A Preliminary Empirical Look, David M. Siegel, Tigran W. Eldred
Faculty Scholarship
The continuing duty of criminal defense counsel to their former clients, even when those former clients bring post-conviction actions alleging ineffective assistance of counsel, has existed as a national practice standard in capital cases since at least 1987. In addition to its inclusion in the ABA’s Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases since 1989, duties to former clients exist in state ethics rules as well as the ABA Model Rules of Professional Conduct. The duty has been further operationalized in non-capital litigation through a 2010 ABA formal ethics opinion concerning disclosures by trial counsel …
Book Review: Legal Persuasion: A Rhetorical Approach To The Science,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Book Review: Legal Persuasion: A Rhetorical Approach To The Science, Lori D. Johnson, Sarah Morath
Scholarly Works
In this piece written for Legal Writing: The Journal of the Legal Writing Institute, Professor Lori D. Johnson provides a compelling review of new publication co-authored by William S. Boyd Law Professor Linda L. Berger.
