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Essay: Justice Thurgood Marshall, Great Defender Of First Amendment Free-Speech Rights For The Powerless, David L. Hudson Jr. 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?, Deborah R. Farringer 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?, Deborah R. Farringer 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, Steven L. Winter 2018 Touro University Jacob D. Fuchsberg Law Center

Cardozo’S Freudian Slips, Steven L. Winter

Touro Law Review

No abstract provided.


Masthead, 2018 Touro University Jacob D. Fuchsberg Law Center

Masthead

Touro Law Review

No abstract provided.


Table Of Contents, 2018 Touro University Jacob D. Fuchsberg Law Center

Table Of Contents

Touro Law Review

No abstract provided.


Masthead, 2018 Touro University Jacob D. Fuchsberg Law Center

Masthead

Touro Law Review

No abstract provided.


Table Of Contents, 2018 Touro University Jacob D. Fuchsberg Law Center

Table Of Contents

Touro Law Review

No abstract provided.


A Tribute To Ilene Barshay, Susan J. Wolfersdorf 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, Zahr K. Said, Jessica Silbey 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, Jack M. Beermann 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, Michelle Zakarin 2018 Touro Law Center

A Pioneer And Role Model, Michelle Zakarin

Touro Law Review

No abstract provided.


Ilene Barshay: A Beloved Friend And Colleague, Rena C. Seplowitz 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, Jeffrey B. Morris 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, Rodger D. Citron 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, Samuel J. Levine 2018 Touro Law Center

Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar, Samuel J. Levine

Touro Law Review

No abstract provided.


My Friend, Ilene Barshay, Heather Melniker 2018 Touro University Jacob D. Fuchsberg Law Center

My Friend, Ilene Barshay, Heather Melniker

Touro Law Review

No abstract provided.


Beth Mobley Memorial, Howard Glickstein 2018 Touro Law Center

Beth Mobley Memorial, Howard Glickstein

Touro Law Review

No abstract provided.


The Continuing Duty In Reality: A Preliminary Empirical Look, David M. Siegel, Tigran W. Eldred 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, Lori D. Johnson, Sarah Morath 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.


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