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 …
The Life Of The Law Cannot Be Coded,
2018
New York Law School
The Life Of The Law Cannot Be Coded, Rebecca Roiphe
Other Publications
No abstract provided.
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 …
Applying Daubert To Flaubert: Standards For Admissibility Of Testimony Of Writing Experts,
2018
New York Law School
Applying Daubert To Flaubert: Standards For Admissibility Of Testimony Of Writing Experts, Heidi K. Brown
Articles & Chapters
No abstract provided.
Empirical Environmental Scholarship,
2018
Indiana University Maurer School of Law
Empirical Environmental Scholarship, Robert L. Fischman, Lydia Barbash-Riley
Articles by Maurer Faculty
The most important development in legal scholarship over the past quarter century has been the rise of empirical research. Drawing upon the traditions of legal realism and the law and economics movement, a variety of social science techniques have delivered fresh perspectives and punctured false claims. But environmental law has been slow to adopt empirical tools, and our findings indicate that it lags behind other fields. There are several clear benefits from an empirical agenda to explore how to make environmental law more effective. But no previous article has applied the lessons from empirical scholarship in other fields to environmental …
Access To Print, Access To Justice,
2018
Indiana University Maurer School of Law
Access To Print, Access To Justice, Kimberly Mattioli
Articles by Maurer Faculty
This article examines the relationship between self-represented litigants and digital literacy and how this particularly vulnerable patron group stands to be harmed by the elimination of print materials from public law libraries. An examination of the literature and a survey help to shed light on this growing problem.
Beth Mobley: The Consummate Professional,
2018
Touro Law Center
Beth Mobley: The Consummate Professional, Rodger D. Citron
Touro Law Review
No abstract provided.
A Pioneer And Role Model,
2018
Touro Law Center
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.
Masthead,
2018
Touro University Jacob D. Fuchsberg 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.
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.
Tracking Colorado Legislation,
2018
University of Colorado Law School
Dethroning The Hierarchy Of Authority,
2018
University of Colorado Law School
Dethroning The Hierarchy Of Authority, Amy J. Griffin
Publications
The use of authority in legal argument is constantly evolving—both the types of information deemed authoritative and their degree of authoritativeness—and that evolution has accelerated in recent years with dramatic changes in access to legal information. In contrast, the uncontroversial and ubiquitous “hierarchy of authority” used as the cornerstone for all legal analysis has remained entirely fixed. This article argues that the use of the traditional hierarchy as the dominant model for legal authority is deeply flawed, impeding a deeper understanding of the use of authority in legal argument. Lawyers, judges, and academics all know this, and yet no scholarly …
Book Review,
2018
University of Colorado Law School
Two Pedagogies In Search Of Synergy,
2018
University of Colorado Law School
Two Pedagogies In Search Of Synergy, Lisa Schultz, Susan Nevelow Mart
Publications
Anyone who has taught a first-year legal research course understands the dilemma: How do we weave research skills into the writing program without sacrificing the quality or quantity of either discipline? In fact, it is difficult and time consuming to interweave any serious legal research instruction into a first-year writing course. What the students need to know is not just how to do a little case law research or how to find a statute: they need to also know how to formulate a research plan, how to evaluate a database, what kind of search works in different information environments, and …
Results May Vary,
2018
University of Colorado Law School
Understanding The Human Element In Search Algorithms And Discovering How It Affects Search Results,
2018
University of Colorado Law School
Understanding The Human Element In Search Algorithms And Discovering How It Affects Search Results, Susan Nevelow Mart
Publications
When legal researchers search in online databases for the information they need to solve a legal problem, they need to remember that the algorithms that are returning results to them were designed by humans. The world of legal research is a human-constructed world, and the biases and assumptions the teams of humans that construct the online world bring to the task are imported into the systems we use for research. This article takes a look at what happens when six different teams of humans set out to solve the same problem: how to return results relevant to a searcher’s query …
Researching Colorado Health Law,
2018
University of Colorado Law School
