Professional Liability,
2014
Carrington Coleman
Professional Liability, Debran L. O'Neil, D. Lance Currie, Alex More
SMU Annual Texas Survey
No abstract provided.
Intellectual Property Law,
2014
Haynes and Boone, LLP
Intellectual Property Law, David L. Mccombs, Phillip B. Philbin, Vera L. Suarez
SMU Annual Texas Survey
No abstract provided.
Conflict Of Laws,
2014
Texas A&M University School of Law
Conflict Of Laws, James P. George, Susan T. Phillips
SMU Annual Texas Survey
No abstract provided.
Taxation,
2014
K&L Gates LLP
Taxation, Cynthia M. Ohlenfrost, Sam Megally, William J. Ledoux
SMU Annual Texas Survey
No abstract provided.
Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates,
2014
University of Michigan Law School
Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci
Articles
Child maltreatment (CM) reporting laws and policies have an important role in the identification, treatment, and prevention of CM in the United States (U.S. Department of Health and Human Services [US DHHS], 2012). Abuse by a member of the clergy “is not only a personal and emotional betrayal, but [also] a spiritual betrayal, with secrecy amplified by the unprecedented and systemic cover-up committed by the Church hierarchy” (Coyne, 2011, p. 15). Recent controversies have resulted in the consideration of changes in mandated U.S. reporting laws that include increasing requirements for clergy and extension to additional professions (Freeh, Sporkin, & Sullivan, …
Sovereignty, Citizenship, And Public Health In The United States,
2014
Emory University School of Law
Sovereignty, Citizenship, And Public Health In The United States, Polly J. Price
Faculty Articles
Sovereign boundaries, state borders, and distinctions between citizens and non-citizens undermine public health in the United States in a number of ways. For historical reasons, we are prone to view immigration and public health as separate interests, but they are in fact convergent. Historically, federal authority over immigration alleviated costs otherwise borne by state and local governments. Today, however, states are primarily responsible for the prevention and control of communicable disease acquired outside U.S. borders. The federal and state governments confront a stark division of authority with respect to non-citizens: The federal government decides which non-citizens to admit into the …
Veteran's Law Symposium: Keynote Address Delivered November 8, 2013,
2014
University of Richmond
Veteran's Law Symposium: Keynote Address Delivered November 8, 2013, Tim Kaine
Richmond Public Interest Law Review
U.S. Senator Tim Kaine delivered this keynote address at the 2013 Journal of Law and the Public Interest Symposium. In this transcript of his speech, Senator Kaine discusses the importance of improving service for veterans disability claims, how the changing nature of society affects military and veterans issues, fundamental questions about 21st century warfare, and concludes by answering questions form the audience.
An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia,
2014
University of Richmond
An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes Ph.D, Benjamin Paul
Richmond Public Interest Law Review
The Supreme Court's historic June 2012 ruling regarding the Affordable Care Act (ACA) in National Federation of Independent Business v. Sebelius set the stage for a massive federalism battle over Medicaid expansion in the United States. The original language of the Act was intended to nationalize Medicaid by having every state expand their program's eligibility to all individuals up to 138% of the federal poverty level. This would have significantly reshaped Medicaid, a joint federal-state health insurance program, into a universal entitlement for all low-income citizens. Currently, Medicaid eligibility varies dramatically from state to state. The Court held that the …
The Contractualization Of Family Law In The United States,
2014
American University Washington College of Law
The Contractualization Of Family Law In The United States, Fernanda Nicola, Adrienne Hunter Jules
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Good Will Hunting: How The Supreme Court's Hunter Doctrine Can Still Shield Minorities From Political-Process Discrimination,
2014
Columbia Law School
Good Will Hunting: How The Supreme Court's Hunter Doctrine Can Still Shield Minorities From Political-Process Discrimination, Kerrel Murray
Faculty Scholarship
When the Sixth Circuit struck down Michigan’s anti-affirmative-action Proposal 2 in 2012, its reasoning may have left some observers hunting for their Fourteenth Amendment treatises. Rather than applying conventional equal protection doctrine, the court rested its decision on an obscure branch of equal protection jurisprudence known as the Hunter doctrine, which originated over forty years ago. The doctrine, only used twice by the Supreme Court to invalidate a law since its creation, purports to protect the political-process rights of minorities by letting courts invalidate laws that work nonneutrally to make it more difficult for them to “achieve legislation that is …
Partisan Federalism,
2014
Columbia Law School
Partisan Federalism, Jessica Bulman-Pozen
Faculty Scholarship
Among the questions that vex the federalism literature are why states check the federal government and whether Americans identify with the states as well as the nation. This Article argues that partisanship supplies the core of an answer to both questions. Competition between today’s ideologically coherent, polarized parties leads state actors to make demands for autonomy, to enact laws rejected by the federal government, and to fight federal programs from within. States thus check the federal government by channeling partisan conflict through federalism’s institutional framework. Partisanship also recasts the longstanding debate about whether Americans identify with the states. Democratic and …
Unbundling Federalism: Colorado's Legalization Of Marijuana And Federalism's Many Forms,
2014
Columbia Law School
Unbundling Federalism: Colorado's Legalization Of Marijuana And Federalism's Many Forms, Jessica Bulman-Pozen
Faculty Scholarship
This short Essay argues that various attributes we associate with federalism should not be deemed necessary components of federalism as a definitional or normative matter. Using Colorado’s recent legalization of marijuana as a case study, it shows how two such attributes – an autonomous realm of state action and independent state officials with distinctive interests – can be pulled apart. State officials often further their interests and effectively oppose federal policy when they participate in the same statutory scheme as federal actors instead of operating in a separate, autonomous sphere. At the same time, state officials frequently rely on the …
Exit, Voice, And Loyalty As Federalism Strategies: Lessons From The Same-Sex Marriage Debate,
2014
Duke Law School
Exit, Voice, And Loyalty As Federalism Strategies: Lessons From The Same-Sex Marriage Debate, Ernest A. Young
Faculty Scholarship
No abstract provided.
Milk And Other Intoxicating Choices: Official State Symbol Adoption,
2014
University of Kentucky College of Law
Milk And Other Intoxicating Choices: Official State Symbol Adoption, Ryan A. Valentin
Law Faculty Scholarly Articles
Although the practice of adopting official state symbols is widespread, little has been written on what legislators, when tasked with choosing a state symbol, should take into consideration. An examination of select official state symbols of the Commonwealth of Kentucky will contribute to an understanding of what official state symbols are, the purpose they serve, the qualities they should reflect, and how the value of symbols adopted may be improved through the application of standard best practices.
Fiduciary Principles And The Jury,
2014
Fordham University School of Law
Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet
Faculty Scholarship
This Essay argues that because jurors exercise state power with wide discretion over the legal and practical interests of other citizens, and because citizens repose trust and remain vulnerable to jury and juror decisions, juries and jurors share important similarities with traditional fiduciary actors such as doctors, lawyers, and corporate directors and boards. The paradigmatic fiduciary duties – those of loyalty and care – therefore provide useful benchmarks for evaluating and guiding jurors in their decision-making role. A sui generis public fiduciary duty of deliberative engagement also has applications in considering the obligations of jurors. This framework confirms much of …
Who May Hire Teachers: How Mutual Consent Fits Into The Current Colorado Hiring Framework,
2014
University of Colorado Law School
Who May Hire Teachers: How Mutual Consent Fits Into The Current Colorado Hiring Framework, Amanda R. Levin
University of Colorado Law Review
In 2010, the Colorado General Assembly passed the Ensuring Quality Instruction through Education Effectiveness Act (S.B. 191). The law ties teachers' job security to the performance of their students, among other things, and changes the way that teachers and principals are evaluated. One crucial aspect of the law, and the subject of this Comment, is the mutual consent provision. This provision provides principals with the power to ensure the effectiveness of their teachers within their own schools by means of allowing them to oversee the hiring process of teachers. The mutual consent provision states that teachers can only be hired …
Won't You Be My Neighbor? The Fallout From The Colorado Supreme Court's Decision In Cogcc V. Gvca,
2014
University of Colorado Law School
Won't You Be My Neighbor? The Fallout From The Colorado Supreme Court's Decision In Cogcc V. Gvca, Luke Mecklenburg
University of Colorado Law Review
This Casenote asserts that the Colorado Supreme Court's decision in COGCC v. GVCA, while legally adequate, condones a harmful public policy that necessitates legislative correction. The case pitted two landowners whose property was adjacent to a proposed well that would drill down within a three-mile radius of an underground nuclear detonation site known as the Rulison blast zone, as well as a citizens'group from the Rulison area, against the Colorado Oil and Gas Conservation Commission (COGCC). Using different canons of statutory interpretation, the Colorado Court of Appeals and the Colorado Supreme Court reached opposite decisions, but in the end a …
"Whiffs Of Federalism" In United States V. Windsor: Power, Localism, And Kulturkampf,
2014
University of Colorado Law School
"Whiffs Of Federalism" In United States V. Windsor: Power, Localism, And Kulturkampf, Marc R. Poirier
University of Colorado Law Review
No abstract provided.
Unbundling Federalism: Colorado's Legalization Of Marijuana And Federalism's Many Forms,
2014
University of Colorado Law School
Unbundling Federalism: Colorado's Legalization Of Marijuana And Federalism's Many Forms, Jessica Bulman-Pozen
University of Colorado Law Review
This short Essay argues that various attributes we associate with federalism should not be deemed necessary components of federalism as a definitional or normative matter. Using Colorado's recent legalization of marijuana as a case study, it shows how two such attributes-an autonomous realm of state action and independent state officials with distinctive interests-can be pulled apart. State officials often further their interests and effectively oppose federal policy when they participate in the same statutory scheme as federal actors instead of operating in a separate, autonomous sphere. At the same time, state officials frequently rely on the autonomous lawmaking and executive …
Cooperative Federalism And State Marijuana Regulation,
2014
University of Colorado Law School
Cooperative Federalism And State Marijuana Regulation, Sam Kamin
University of Colorado Law Review
No abstract provided.
