State 'Right To Try' Acts: A Good Start, But A Federal Act Is Necessary,
2016
Belmont University - College of Law
State 'Right To Try' Acts: A Good Start, But A Federal Act Is Necessary, Ellen A. Black
Law Faculty Scholarship
In an effort to help terminally ill patients bypass the FDA's arduous, time-consuming approval process and have quicker access to potentially life-saving drugs, states across the country have passed "right to try" acts. These state acts allow a terminally ill patient the right to access an investigational drug that has completed initial safety testing, known as Phase I, but that has not been approved by the FDA. The reasoning behind these acts is that terminally ill patients, with the guidance and counsel of their physicians, should have the choice whether to pursue an unapproved drug, rather than placing their fate …
A Special Delivery: Litigating Pregnancy Accommodation Claims After The Supreme Court’S Decision In Young V. United Parcel Service, Inc.,
2016
Belmont University - College of Law
A Special Delivery: Litigating Pregnancy Accommodation Claims After The Supreme Court’S Decision In Young V. United Parcel Service, Inc., Lynn Ridgeway Zehrt
Law Faculty Scholarship
For over twenty years, the federal courts of appeals have been divided over the extent to which the Pregnancy Discrimination Act requires employers to offer light-duty or other work accommodations to pregnant employees. The division between circuits centers on the interpretation of the language in the second clause of the Pregnancy Discrimination Act mandating that employers “shall” treat pregnant employees “the same... as other persons... similar in their ability or inability to work.” Four circuits interpreted this clause to merely explain the first clause, thereby refusing to enforce any significant obligation on employers to accommodate pregnancy-related physical limitations, even when …
Internal Investigations And The Evolving Fate Of Privilege,
2016
Belmont University - College of Law
Internal Investigations And The Evolving Fate Of Privilege, Lucian E. Dervan
Law Faculty Scholarship
In 1981, the United States Supreme Court delivered a landmark ruling in Upjohn Co. v. United States. The decision made clear that the protections afforded by the attorney-client privilege apply to internal corporate investigations. This piece examines the fundamental tenets of Upjohn, discusses some recent challenges to the applicability of privilege to materials gathered during internal investigations, and considers the manner in which the international nature of modern internal investigations adds complexity and uncertainty to the field.
'White Collar Crime': Still Hazy After All These Years,
2016
Belmont University - College of Law
'White Collar Crime': Still Hazy After All These Years, Lucian E. Dervan, Ellen S. Podgor
Law Faculty Scholarship
With a seventy-five year history of sociological and later legal roots, the term “white collar crime” remains an ambiguous concept that academics, policy makers, law enforcement personnel and defense counsel are unable to adequately define. Yet the use of the term “white collar crime” skews statistical reporting and sentencing for this conduct. This Article provides a historical overview of its linear progression and then a methodology for a new architecture in examining this conduct. It separates statutes into clear-cut white collar offenses and hybrid statutory offenses, and then applies this approach with an empirical study that dissects cases prosecuted under …
Corporate Criminal Liability, Moral Culpability, And The Yates Memo,
2016
Belmont University - College of Law
Corporate Criminal Liability, Moral Culpability, And The Yates Memo, Lucian E. Dervan
Law Faculty Scholarship
This article examines the Department of Justice's Principles of Federal Prosecution of Business Organizations (contained in the USAM) and considers the concept of "moral culpability" within them. The article goes on to propose revising the Principles of Prosecution to better focus on questions of "corporate moral culpability" as a means of more accurately assessing corporate criminal liability. In doing so, the article proposes not only changes to the Principles of Prosecution, but changes to the common law respondeat superior test for corporate liability. Finally, the article considering the impact of the Yates Memo (2015) on corporate charging decisions and the …
Fair Play Fair Pay: The Need For A Terrestrial Public Performance Right And General Copyright Reform,
2016
Belmont University - College of Law
Fair Play Fair Pay: The Need For A Terrestrial Public Performance Right And General Copyright Reform, Loren E. Mulraine
Law Faculty Scholarship
Copyright is a unique species of the law, tethered in a very tangible way to what is largely an intangible: intellectual property. It should be no surprise then that any collection of laws governing property that can be literally created in a moment out of nothing but the mind of the creator, will ultimately have an eternal struggle keeping pace with that very thing it purports to govern. Historically, copyright law has been relegated to being the horse that is second to cross the finish line at the Kentucky Derby. The horse is indeed world class; however, it is simply …
Symposium Panel: Bringing Blurred Lines Into Focus,
2016
Belmont University - College of Law
Symposium Panel: Bringing Blurred Lines Into Focus, Loren E. Mulraine
Law Faculty Scholarship
Belmont Law Review Symposium: Bringing Blurred Lines into Focus, October 2015
Fair Play Fair Pay: The Need For A Terrestrial Public Performance Right And General Copyright Reform,
2016
Belmont University - College of Law
Fair Play Fair Pay: The Need For A Terrestrial Public Performance Right And General Copyright Reform, Loren E. Mulraine
Belmont Law Review
Copyright is a unique species of the law, tethered in a very tangible way to what is largely an intangible: intellectual property. It should be no surprise then that any collection of laws governing property that can be literally created in a moment out of nothing but the mind of the creator, will ultimately have an eternal struggle keeping pace with that very thing it purports to govern. Historically, copyright law has been relegated to being the horse that is second to cross the finish line at the Kentucky Derby. The horse is indeed world class; however, it is simply …
Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?,
2016
Belmont University - College of Law
Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?, David L. Hudson Jr., Emily H. Harvey
Law Faculty Scholarship
In the early 1960s, the Supreme Court of the United States adopted a high level of protection for religious liberty claims. The Court applied a version of strict scrutiny when evaluating governmental laws or regulations that burdened an individual's free exercise of religion. In 1990, the Supreme Court reversed decades of precedent and fundamentally changed the meaning and application of the Free Exercise Clause. In Employment Division v. Smith, the Court, in an opinion by Justice Antonin Scalia, determined that the Free Exercise Clause does not protect individuals from laws that donot target specific religious beliefs or practices. However, Justice …
First Amendment Right To Receive Information And Ideas Justifies Citizens' Videotaping Of The Police,
2016
Belmont University - College of Law
First Amendment Right To Receive Information And Ideas Justifies Citizens' Videotaping Of The Police, David L. Hudson Jr.
Law Faculty Scholarship
Several courts have declared that members of the public have a First Amendment-protected right to film or videotape the police. At least one legal commentator has posited that this right falls within three of the five textually-based freedoms of the First Amendment - the Speech, Press, and Petition Clauses. This right to receive information and ideas is a "corollary" of the right to speak that triggers the First Amendment interests of not only speakers, but also audiences. This right to receive information and ideas applies in the context of citizens recording the police. The public has a right to know …
Voices On Innocence,
2016
Belmont University - College of Law
Voices On Innocence, Lucian E. Dervan, Richard A. Leo, Meghan J. Ryan, Valena Elizabeth Beety, Gregory M. Gilchrist, William W. Berry
Law Faculty Scholarship
In the summer of 2015, experts gathered from around the country to sit together and discuss one of the most pressing and important issues facing the American criminal justice system – innocence. Innocence is an issue that pervades various areas of research and influences numerous topics of discussion. What does innocence mean, particularly in a system that differentiates between innocence and acquittal at sentencing? What is the impact of innocence during plea bargaining? How should we respond to growing numbers of exonerations? What forces lead to the incarceration of innocents? Has an innocent person been put to death and, if …
Preserving The Llsdc Legislative Source Book With Perma.Cc,
2016
University of Richmond
Preserving The Llsdc Legislative Source Book With Perma.Cc, Roger V. Skalbeck
Law Faculty Publications
With LLSDC’s Legislative Source Book, Rick McKinney was constantly concerned about the collection’s stability, functionality, and availability. With any major revision to the LLSDC.org website, Rick worked to ensure that content was accessible and that he and members of the Legislative Research SIS could keep it updated. In an effort to preserve the Legislative Source Book, the collection’s core elements were captured using the Perma.cc service. These links reference archived versions of each source, presented in parallel to its current form. There is more depth and detail than presented here, which shows the collection’s complex and comprehensive coverage.
Minor Federal Government Regulatory Agencies,
2016
University of Richmond
Minor Federal Government Regulatory Agencies, Kathleen Klepfer
Law Faculty Publications
Rick McKinney’s “Federal Administrative Law: A Brief Overview” is a succinct and helpful place to find information about rulemaking, common administrative law statutes, and the major administrative agencies. But what about those unsung heroes, the minor regulatory agencies whose necessity—and sometimes purpose—are lost to history? We propose this addendum to Rick’s article to give a couple of these minor agencies their due.
Leveraging Narratives: Communicating Value With Qualitative Content,
2016
University of Richmond
Leveraging Narratives: Communicating Value With Qualitative Content, Roger V. Skalbeck
Law Faculty Publications
The contemporary law library is embodied by its information resources, physical space, technology infrastructure, and the people who make it all happen. Each of these elements can change dramatically with new information tools, shifting organizational demands and emerging service models.
Everything Old Is New Again: Will Narrow Networks Succeed Where Hmos Failed?,
2016
Belmont University - College of Law
Everything Old Is New Again: Will Narrow Networks Succeed Where Hmos Failed?, Deborah R. Farringer
Law Faculty Scholarship
As health insurers try to navigate the new limitations set forth under the ACA, including prohibitions on denying individuals with pre-existing conditions and limitations on the rating of patients, insurers are looking towards models that will enable them to control costs without access to their usual tools. What they have developed is not so much a new insurance model, but actually a concept that first arose during the rise of managed care; that is, limited provider networks utilized within health maintenance organizations (“HMOs”). These “new” insurance products, often referred to as narrow networks or high-performance networks, offer beneficiaries a more …
The Meaning Of The Constitution And The Selection Of Judges,
2016
Belmont University - College of Law
The Meaning Of The Constitution And The Selection Of Judges, Harold See
Law Faculty Scholarship
In the ongoing debate over the best method for choosing judges, the focus has been on the perceived drawbacks of judicial election without commensurate consideration of either the advantages of popular elections or the disadvantages of the commission system-usually styled the "Missouri plan" or "merit selection." One such consideration is the means of defining the judicial power.
Bargain Shopping: Free And Low-Cost Legal Research Options,
2016
University of Oklahoma College of Law
Bargain Shopping: Free And Low-Cost Legal Research Options, Kenton S. Brice
Other Faculty Publications
No abstract provided.
Discovering The Knowledge Monopoly Of Law Librarianship Under The Dikw Pyramid,
2016
Duke Law School
Discovering The Knowledge Monopoly Of Law Librarianship Under The Dikw Pyramid, Alex Xiaomeng Zhang
Faculty Scholarship
Historical debates demonstrated that knowledge monopoly is a key to a profession. This article explores the exclusive knowledge base of the law librarianship profession through the lens of the Data-Information-Knowledge-Wisdom (DIKW) paradigm.
Law School Institutional Repositories: A Survey,
2016
University of Michigan Law School
Law School Institutional Repositories: A Survey, Kincaid C. Brown
Law Librarian Scholarship
There has been a dramatic rise in the number of law libraries managing institutional repositories for their law schools. In 2011, there were some 30 law schools with such repositories; now, 80 of the top 100 law schools have their own or participate in a university-wide repository wherein the law school has an identifiable, school-specific collection or community. This article discusses a survey of the of the top 101 law schools, in hopes of facilitating an understanding of the breadth of material to be found in law school institutional repositories.
Discovering The Knowledge Monopoly Of Law Librarianship Under The Dikw Pyramid,
2016
University of Michigan Law School
Discovering The Knowledge Monopoly Of Law Librarianship Under The Dikw Pyramid, Xiaomeng Zhang
Law Librarian Scholarship
Historical debates demonstrated that knowledge monopoly is a key to a profession. This article explores the exclusive knowledge base of the law librarianship profession through the lens of the Data-Information-Knowledge-Wisdom (DIKW) paradigm.
