Public Law and Legal Theory Commons^™

Linking Rule 9(B) Pleading And The First-To-File Rule To Advance The Goals Of The False Claims Act, Karin Lee

Northwestern University Law Review

No abstract provided.

Just Compensation: A No-Fault Proposal For Research-Related Injuries, Leslie Meltzer Henry, Megan E. Larkin, Elizabeth R. Pike

Faculty Scholarship

Biomedical research, no matter how well designed and ethically conducted, carries uncertainties and exposes participants to risk of injury. Research injuries can range from the relatively minor to those that result in hospitalization, permanent disability, or even death. Participants might also suffer a range of economic harms related to their injuries. Unlike the vast majority of developed countries, which have implemented no-fault compensation systems, the United States continues to rely on the tort system to compensate injured research participants—an approach that is no longer morally defensible. Despite decades of US advisory panels advocating for no-fault compensation, little progress has been …

Spokeo V. Robins And The Constitutional Foundations Of Statutory Standing, Maxwell Stearns

Faculty Scholarship

In Spokeo v. Robins, the Supreme Court granted certiorari to address the following question: Does Congress have the power to confer standing upon an individual claiming that a privately owned website violated its federal statutory obligation to take specified steps designed to promote accuracy in aggregating and reporting his personal and financial data even if the resulting false disclosures did not produce concrete harm? This somewhat arcane standing issue involves congressional power to broaden the scope of the first of three constitutional standing requirements: injury in fact, causation, and redressability. Although the case does not directly address the prudential …

Remodeling Federal Medical Malpractice Act: A Possible Improvement To The Affordable Care Act, Nancy Kubasek, Tiffany Durham

Loyola of Los Angeles Law Review

During the debates about healthcare reform, the Congressional Budget Office found that federal medical liability reform could drastically reduce federal budget deficits, yet political and legal scholars could not reach agreement about the best way for the Patient Protection and Affordable Care Act (PPACA) to provide such reform. Instead, provisions were made to fund state level demonstration projects. The law that is considered one of the most successful models to date of conventional tort reform is the Medical Injury Compensation Reform Act of California. This Article exams that legislation and discusses how we might use what can be learned from …

Three Essays In Criminal Justice, Bernard E. Harcourt

Faculty Scholarship

How could the New York Times call the grand jury’s decision to no bill the indictment against officer Darren Wilson in Ferguson, Missouri, a “verdict”? How could federal appellate judges call it a “procedural shortcut” when a state judge, in a death penalty case, signs the state attorney general’s proposed judicial opinion without even striking the word “proposed” or reviewing the full opinion? What do these incidents tell us about contemporary criminal justice? These essays explore these puzzles. The first, “Verdict and Illusion,” begins to sketch the role of illusions in justice. The second, “A Singe Voice of Justice,” interprets …

It's The Autonomy, Stupid!' A Modest Defense Of Opinion 2/13 On Eu Accession To The Echr, And The Way Forward, Daniel Halberstam

Articles

The Court of Justice of the European Union has arrived! Gone are the days of hagiography, when in the eyes of the academy and informed observers the Court could do no wrong. The pendulum has finally swung the other way. The judicial darling, if there is one today, is Strasbourg, not Luxembourg. Not hours had passed before the Court's 258-paragraph long Opinion 2/13 on the Draft Agreement on EU Accession to the European Convention on Human Rights was condemned as “exceptionally poor.” Critical voices have mounted steadily ever since, leading to nothing short of widespread “outrage.”

From The Octagon To The Courtroom: The Right To Fight, Subaltern Cosmopolitanism, And Public Interest Litigation As Tool For Mixed Martial Arts As A Community/Cultural Normative System, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

As a new sport, mixed martial arts (“MMA”) has grown wildly in popularity. Yet MMA faces hurdles in legitimization and acceptance through legal, regulatory, and political means. While the MMA community has gone to great lengths to change its image, its internal rules, and regulatory framework—and while most American states and Canadian provinces now legally regulate MMA—certain states, such as New York, continue to ban live professional MMA events.

MMA suffers from a lack of scholarship across many disciplines, including legal scholarship. While the available literature on MMA gradually develops, the minimal legal scholarship related to the matter has concentrated …

From Integrity Agency To Accountability Network: The Political Economy Of Public Sector Oversight In Canada, Jamie Baxter

Articles, Book Chapters, & Popular Press

The federal integrity agencies that are delegated collective responsibility for public sector oversight in Canada face a common challenge to stabilize their ongoing independence from political control. While Parliament has delegated to these agencies key oversight functions that demand some degree of structural independence, they remain vulnerable to shifting political preferences and to an increasingly partisan national politics. This Article uses a political economy framework to theorize the objectives that shape political preferences for agency independence in Canada, and to suggest that structural innovations in the form of 'accountability networks' may provide one strategy to help stabilize those preferences over …

Disappearing Claims And The Erosion Of Substantive Law, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

The Supreme Court’s arbitration jurisprudence from the last five years represents the culmination of a three-decade-long expansion of the use of private arbitration as an alternative to court adjudication in the resolution of disputes of virtually every type of justiciable claim. Because privatizing disputes that would otherwise be public may well erode public confidence in public institutions and the judicial process, many observers have linked this decades-long privatization of dispute resolution to an erosion of the public realm. Here, I argue that the Court’s recent arbitration jurisprudence undermines the substantive law itself.

While this shift from dispute resolution in courts—the …

Emergency Takings, Brian Angelo Lee

Michigan Law Review

Takings law has long contained a puzzle. The Fifth Amendment to the U.S. Constitution requires the government to pay “just compensation” to owners of private property that the government “takes.” In ordinary circumstances, this requirement applies equally whether the property is confiscated or destroyed, and it also applies to property confiscated in emergencies. Remarkably, however, courts have repeatedly held that if the government destroys property to address an emergency, then a “necessity exception” relieves the government of any obligation to compensate the owner of the property that was sacrificed for the public good. Although the roots of this startling principle …

Pleading Guilty While Claiming Innocence: Reconsidering The Mysterious Alford Plea, James W. Diehm

University of Florida Journal of Law & Public Policy

No abstract provided.

Accountable Care Organizations: Realigning The Incentive Problems In The U.S. Health Care System, Nicholas Hodges

University of Florida Journal of Law & Public Policy

No abstract provided.

Regulating For The First Time The Decision To Grant Consumer Credit: A Look At The First Steps Taken By The United States And Australia, Jeffrey Davis

University of Florida Journal of Law & Public Policy

No abstract provided.

Redefining Professionalism, Rebecca Roiphe

University of Florida Journal of Law & Public Policy

No abstract provided.

The Role Of Climate Change Science And Standing In Climate Change Cases: Analysis And Implications, Susan M. Johns

University of Florida Journal of Law & Public Policy

No abstract provided.

Medical Advice And Vaccinating: What Liability?, Amanda Naprawa, Dorit Reiss

University of Florida Journal of Law & Public Policy

No abstract provided.

Courts' Elusive Search For The Meaning Of Intellectual Disability For Evaluating Atkins Claims, Susan Unok Marks

University of Florida Journal of Law & Public Policy

No abstract provided.

Edvard Much's "The Scream" Screams For Droit De Suite: Why Congress Should Enact A Federal Droit De Suite Statute Governing Artists' Resale Rights In The United States, Jacqueline Pasharikov

University of Florida Journal of Law & Public Policy

No abstract provided.

State Sanctioned Identity Theft: Why Personal Information Contained Within A Homeless Management Information System May Be Subject To Disclosure Under Florida's Public Records Laws, Michael S. Thomas

University of Florida Journal of Law & Public Policy

No abstract provided.

A Bribe New World: The Federal Government Gets Creative In Chasing Foreign Officials For Taking Bribes, Jorge Mestre

University of Florida Journal of Law & Public Policy

No abstract provided.