Essential Health Benefits And The Affordable Care Act: Law And Process,
2013
University of Michigan Law School
Essential Health Benefits And The Affordable Care Act: Law And Process, Nicholas Bagley, Helen Levy
Law & Economics Working Papers
Beginning in 2014, the Affordable Care Act (ACA) will require private insurance plans sold in the individual and small-group markets to cover a roster of “essential health benefits.” Precisely which benefits should count as essential, however, was left to the discretion of the Department of Health and Human Services (HHS). The matter was both important and controversial. HHS nonetheless announced its policy on essential health benefits by posting on its website a 13-page bulletin stating that it would allow each state to define essential benefits for itself by choosing a “benchmark” plan modeled on existing plans in the state. On …
Liberal Responsibilities,
2013
Georgetown University Law Center
Liberal Responsibilities, Robin West
Georgetown Law Faculty Publications and Other Works
This essay is a review of When the State Speaks, What Should it Say?: How Democracies can Protect Expression and Promote Equality by Corey Brettschneider (2012) and Ordered Liberty: Rights, Responsibilities, and Virtues by James E. Fleming & Linda C. McClain (2013).
In a parallel fashion, Fleming and McClain articulate and then defend a general conception of “constitutional liberalism” and its core individual rights against various critics, including communitarians such as Mary Ann Glendon and Michael Sandel, and “minimalists” such as Cass Sunstein and Jeremy Waldron, who argue that for various reasons those individual rights have undermined either civic society …
Private Standards Organizations And Public Law,
2013
Columbia Law School
Private Standards Organizations And Public Law, Peter L. Strauss
Faculty Scholarship
Simplified, universal access to law is one of the important transformations worked by the digital age. With the replacement of physical by digital copies, citizens ordinarily need travel only to the nearest computer to find and read the texts that bind them. Lagging behind this development, however, has been computer access to standards developed by private standards development organizations, often under the umbrella of the American National Standards Institute (ANSI), and then converted by agency actions incorporating them by reference into legal obligations. To discover what colors the Occupational Safety and Health Administration (OSHA) requires for use in work-place caution …
Governments In Miniature: The Rule Of Law In The Administrative State,
2013
Allard School of Law at the University of British Columbia
Governments In Miniature: The Rule Of Law In The Administrative State, Mary Liston
All Faculty Publications
This chapter discusses several of the key attributes of the rule of law and explores their relevance for Canadian administrative law: the rule of law as an unwritten constitutional principle; the rule of law as a political ideal which structures institutional relations and competencies; and, the rule of law as a distinctive political morality which, in Canada, is understood as a dialogue among the three branches of government. The chapter assesses the Canadian articulation of the rule of law in the jurisprudence of the Supreme Court of Canada, then turns to the contemporary judicial review of administrative action. Recent case …
Emerging Issues In Media And Communications Law,
2013
University of Florida Levin College of Law
Emerging Issues In Media And Communications Law, Craig D. Feiser
University of Florida Journal of Law & Public Policy
No abstract provided.
A False Choice: Prior Restraint And Subsequent Punishment In A Wikileaks World,
2013
University of Florida Levin College of Law
A False Choice: Prior Restraint And Subsequent Punishment In A Wikileaks World, Alexander E. Blanchard
University of Florida Journal of Law & Public Policy
No abstract provided.
Lifting The Dover Ban: The Compromise On Press Access To Fallen Soldiers Returning From War,
2013
State University of New York-Oswego
Lifting The Dover Ban: The Compromise On Press Access To Fallen Soldiers Returning From War, Jason Zenor
University of Florida Journal of Law & Public Policy
No abstract provided.
The "Friend"Ly Lawyer: Professionalism And Ethical Considerations Of The Use Of Social Networking During Litigation,
2013
Florida A & M University College of Law
The "Friend"Ly Lawyer: Professionalism And Ethical Considerations Of The Use Of Social Networking During Litigation, Nicola A. Boothe-Perry
University of Florida Journal of Law & Public Policy
No abstract provided.
Milwaukee Radio Public File Data, 1998-2011: An Empirical Analysis Of Issue Advertising After The Bcra And Citizens United,
2013
University of Wisconsin Milwaukee
Milwaukee Radio Public File Data, 1998-2011: An Empirical Analysis Of Issue Advertising After The Bcra And Citizens United, Christopher Terry, Mitchell Bard
University of Florida Journal of Law & Public Policy
No abstract provided.
There Is No App For That: The Need For Legal Educators And Practitioners To Comply With Ethical Standards In The Digital Era,
2013
South Texas College of Law
There Is No App For That: The Need For Legal Educators And Practitioners To Comply With Ethical Standards In The Digital Era, Katerina P. Lewinbuk
University of Florida Journal of Law & Public Policy
No abstract provided.
Speaking Freely On Public Issues: Criminal Suspects As Involuntary Limited-Purpose Public Figures,
2013
University of Florida Levin College of Law
Speaking Freely On Public Issues: Criminal Suspects As Involuntary Limited-Purpose Public Figures, Daniel Thomas Pesciotta
University of Florida Journal of Law & Public Policy
No abstract provided.
Exacerbating The Divide: Why The Roberts Court's Recent Same-Sex Jurisprudence Is An Improvident Use Of The Court's Judicial Review Powers,
2013
Lincoln Memorial University Duncan School of Law
Exacerbating The Divide: Why The Roberts Court's Recent Same-Sex Jurisprudence Is An Improvident Use Of The Court's Judicial Review Powers, Mohamed Akram Faizer
University of Florida Journal of Law & Public Policy
No abstract provided.
Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy,
2013
Texas A&M University School of Law
Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy, Wayne R. Barnes
University of Florida Journal of Law & Public Policy
No abstract provided.
Preserving Miami: An Evaluation Of Miami's Transferable Development Rights Program,
2013
University of Florida Levin College of Law
Preserving Miami: An Evaluation Of Miami's Transferable Development Rights Program, Alexis Leventhal
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitional Law: Redefining A "Search" Within The Meaning Of The Fourth Amendment,
2013
University of Florida Levin College of Law
Constitional Law: Redefining A "Search" Within The Meaning Of The Fourth Amendment, Vanessa Madrid
University of Florida Journal of Law & Public Policy
No abstract provided.
Rebooting Shield Laws: Updating Journalist's Priviledge To Reflect The Realities Of Digital Newsgathering,
2013
DePaul University
Rebooting Shield Laws: Updating Journalist's Priviledge To Reflect The Realities Of Digital Newsgathering, Jason A. Martin, Anthony L. Fargo
University of Florida Journal of Law & Public Policy
No abstract provided.
Freeing The Prop 8 Tape: Perry V. Brown, The Presumption Of Access To Civil Proceedings, And The Preservation Of Judicial Integrity,
2013
University of Florida Levin College of Law
Freeing The Prop 8 Tape: Perry V. Brown, The Presumption Of Access To Civil Proceedings, And The Preservation Of Judicial Integrity, Andrew A. Proia
University of Florida Journal of Law & Public Policy
No abstract provided.
Unenforced Contracts And The Illusion Of Bargaining: The Broken State Of Florida Public Employees' Constitutional Rights,
2013
University of Florida Levin College of Law
Unenforced Contracts And The Illusion Of Bargaining: The Broken State Of Florida Public Employees' Constitutional Rights, Suzanne Tzuanos
University of Florida Journal of Law & Public Policy
No abstract provided.
Durkheim's Internet: Social And Political Theory In Online Society,
2013
New York Law School
Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman
Articles & Chapters
While the Internet has changed dramatically since the early 1990s, the legal regime governing the right to privacy online and Internet speech is still steeped in a myth of the Internet user, completely hidden from others, in total control of his online experience, and free to come and go as he pleases. This false image of the “virtual self” has also contributed to an ethos of lawlessness, irresponsibility, and radical individuation online, allowing the evisceration of online privacy and the proliferation of hate and harassment.
I argue that the myth of the online anonym is not only false as a …
We Have A Dream: Integrating Skills Courses And Public Interest Work In The First Year Of Law School (And Beyond),
2013
Seattle University School of Law
We Have A Dream: Integrating Skills Courses And Public Interest Work In The First Year Of Law School (And Beyond), Sara Rankin, Lisa Brodoff, Mary Bowman
Faculty Articles
The clinical and legal writing faculty at the Seattle University School of Law are experimenting with collaborative teaching projects that bring real clients and real legal problems into the first year curriculum. These “integrated skills projects” engage first year students with legal writing faculty, clinical faculty, and public interest work. These projects provide first year students with exceptional training in practical skills, generate remarkable student satisfaction, and re-ignite student passion for the practice of law. This essay (1) introduces a “continuum” of integrated legal skills projects, featuring applied examples of activities that range from discrete to more ambitious; (2) surveys …
