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Ask A Director Making The Library More Accessable, Lorelle Anderson 2019 Florida Agricultural and Mechanical University

Ask A Director Making The Library More Accessable, Lorelle Anderson

Library Faculty Publications

No abstract provided.


State Regulation Of Generic Drug Price Gouging, Philip FitzGerald 2019 Belmont University - College of Law

State Regulation Of Generic Drug Price Gouging, Philip Fitzgerald

Belmont Health Law Journal

This note acknowledges that the high cost of drugs, both generic and patented, is an important issue for patients and policy makers alike. This note focuses solely on generic drugs, as the rights of drug patent holders are protected by the Copyright Clause of the United States Constitution, which this note does not seek to address. Additionally, although the cost of drugs can be heavily impacted by Congress and federal regulatory agencies such as the Department of Health and Human Services and the Food and Drug Administration, this note will only look at the measures being taken by legislatures at ...


All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Industry Panel, Jay Hardcastle, Andrew McDonald, Julie Watson Lampley, Kim Looney, Craig Stewart 2019 Bradley Arant Boult Cummings, LLP

All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Industry Panel, Jay Hardcastle, Andrew Mcdonald, Julie Watson Lampley, Kim Looney, Craig Stewart

Belmont Health Law Journal

A transcript of the Industry Perspectives panel discussion held during the Belmont Health Law Journal 2018 Symposium: “All Health Care is Local: Exploring the Roles of Cities and States in Health Care Delivery and Reform”.


All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Keynote #1, Jeremy Faison 2019 Tennessee House of Representatives

All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Keynote #1, Jeremy Faison

Belmont Health Law Journal

I'm going to talk to you about the legal justification for Tennessee to expand cannabis for certain sick Tennesseans. I believe I can prove to you if I had enough time that a prohibition on the cannabis plant was an unjust law from the beginning. So first of all the justification of what I'm doing, the justification starts with one thing. First of all, it was prevalent and commonplace in society for 5,000 years that we can trace humankind and nothing was bad. The next justification of what I'm doing is: America is there. In a ...


All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Keynote #2, Jeff Yarbro 2019 Tennessee Senate

All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Keynote #2, Jeff Yarbro

Belmont Health Law Journal

I'm going to talk a little bit about just the big changes in the way that we make healthcare policy at the state and local level. The daily barrage of political information, the shutdown scandals, the tweets and tantrums on Cable News, make it difficult to see what I think have been some pretty big shifts in the water that makes up the way that we actually make healthcare policy and maybe lots of other policy. And if we're going to continue on this pathway, where not only do we have an expansion/non-expansion divergence, then we have ...


All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Government Panel Summary, Tony Hullender, Gabe Roberts, Christopher Sabis, Jane Young, Marc Overlock 2019 Office of the Attorney General of Tennessee

All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Government Panel Summary, Tony Hullender, Gabe Roberts, Christopher Sabis, Jane Young, Marc Overlock

Belmont Health Law Journal

On Friday February 9th, 2018, the Belmont Health Law Journal hosted a symposium entitled All Health Care is Local: Exploring the Roles of Cities and States in Health Care Delivery and Reform. A panel of government lawyers representing various state and federal agencies and organizations took part in the symposium. The following is a summary of the discussion that took place.


America: Land Of The Shackled, Lauren Martin 2019 Belmont University - College of Law

America: Land Of The Shackled, Lauren Martin

Belmont Health Law Journal

This Note will demonstrate the detrimental effects of shackling a pregnant woman and will examine some of the efforts currently being made to prohibit the practice, as well as provide some suggestions for prohibitory legislation. Part II of this Note will discuss the background of this pervasive issue, both how it has been viewed by the courts and the ways in which it has been dealt with by state legislatures that have enacted anti-shackling laws. Part III of this Note will analyze the positions of those who support a ban on the use of restraints on pregnant inmates and detainees ...


Implementing 501(R): Has 501(R) Lived Up To Its Intended Purpose?, Brandon Huber 2019 Belmont University - College of Law

Implementing 501(R): Has 501(R) Lived Up To Its Intended Purpose?, Brandon Huber

Belmont Health Law Journal

This Note proceeds in four parts. Part I steps back and takes a brief look at the history and background of federal tax law; specifically, as it relates to the hospital-specific requirements the IRS has placed on hospitals seeking to qualify or maintain taxexempt status over the years. Additionally, Part I discusses the incorporation and implementation of Section 501(r) into the Internal Revenue Code (“IRC”). Part II then explores the IRS’ enforcement of Section 501(r), including the IRS’ 2017 decision to revoke a “dual status” hospital’s tax-exempt status for non-compliance. Then, Part II will conclude by explaining ...


Buckets, Kincaid C. Brown 2019 University of Michigan Law School

Buckets, Kincaid C. Brown

Law Librarian Scholarship

Inspired by “‘A Day in My Law Library Life,’ Circa 1997,” this compilation collects descriptions of a day in the lives of law librarians in 2018. The descriptions provide a current snapshot and historical record of the law library profession, with similarities to, and differences from, the profession of 1997.


Research Resources For Michigan Criminal Law, Kate E. Britt 2019 University of Michigan Law School

Research Resources For Michigan Criminal Law, Kate E. Britt

Law Librarian Scholarship

Few areas of the law are as consequential to the personal lives of those involved as criminal law. The law can, and does, change quickly, and attorneys need to stay abreast of the latest developments to effectively represent their clients. Thankfully, modern government bodies publish current primary law (and many useful secondary sources) online. The sites outlined below will take users to reliable sources of Michigan criminal law and procedure.


Beyond The “Practice Ready” Buzz: Sifting Through The Disruption Of The Legal Industry To Divine The Skills Needed By New Attorneys, Jason G. Dykstra 2019 Concordia University School of Law, Boise, Idaho

Beyond The “Practice Ready” Buzz: Sifting Through The Disruption Of The Legal Industry To Divine The Skills Needed By New Attorneys, Jason G. Dykstra

Faculty Scholarship

A heightened velocity of change enveloped the legal profession over the last two decades. From big law to rural practitioners, the traditional law firm model proved ripe for disruption. This disruption is fueled by several discrete changes in how legal services are provided, including technological advances that allow for the automation of many routine tasks and the disaggregation of legal services; enhanced client sophistication and cost-consciousness; global competition from offshoring routine legal services; the rise of the domestic gig economy, creating a new wave of home-shoring legal services; and competition from non-traditional legal services providers. In the face of declining ...


From The Courtroom To The Classroom: How A Litigator Became A Transactional Drafting Professor, Amy Bauer 2019 University of Colorado Law School

From The Courtroom To The Classroom: How A Litigator Became A Transactional Drafting Professor, Amy Bauer

Articles

No abstract provided.


Private Interests, Public Law, And Reconfigured Inequality In Modern Payment Card Networks, Stephen Wilks 2019 Penn State Dickinson Law

Private Interests, Public Law, And Reconfigured Inequality In Modern Payment Card Networks, Stephen Wilks

Dickinson Law Review

This Article examines two phenomena contributing to the racial stratification of consumers in credit card markets. The first phenomenon pertains to the longstanding conflict between card issuers and merchants over payment processing cost allocation. If successful, First Amendment challenges to existing statutory surcharge bans will allow merchants to impose an additional fee when consumers use credit cards as a form of payment. The Article relies on the interplay between socioeconomic class and behavioral theory to suggest subsistence borrowers would be more likely to pay surcharge fees than wealthier consumers. This arrangement disfavors the poor to support a hierarchy of borrowers ...


Canines At The Company, Felines At The Factory: The Risks And Rewards Of Incorporating Service Animals And Companion Animals Into The Workplace, Rebecca J. Huss 2019 Penn State Dickinson Law

Canines At The Company, Felines At The Factory: The Risks And Rewards Of Incorporating Service Animals And Companion Animals Into The Workplace, Rebecca J. Huss

Dickinson Law Review

With unemployment rates at historically low levels, the ability of an employer to attract and retain productive employees is key to a company’s success. Simultaneously, the percentage of persons in the United States with disabilities is increasing. Additionally, many persons without disabilities consider allowing companion animals at work a valuable employee benefit. This Article focuses on the legal and workplace implications of incorporating service animals and companion animals at work.

This Article begins by analyzing when an employer must accommodate a request by an employee with a disability to be accompanied by a service animal at work under the ...


A Gun To Whose Head? Federalism, Localism, And The Spending Clause, Daniel S. Cohen 2019 Penn State Dickinson Law

A Gun To Whose Head? Federalism, Localism, And The Spending Clause, Daniel S. Cohen

Dickinson Law Review

President Trump’s executive order rescinding federal funds from “sanctuary jurisdictions” has brought a critical, but overlooked, question of constitutional law to the forefront of the political debate: how does the Spending Clause apply to local governments? The purpose of the Spending Clause is to empower the federal government to bargain with the states to enact policies it cannot enact itself. This power, however, is constrained within the confines of federalism. The Supreme Court has sought to restrict the Spending Clause by crafting the Dole-NFIB framework, a test to determine whether a federal grant has compromised federalism. At its ...


Dr. Tele-Corporation: Bridging The Access-To-Care Gap, Nader Amer 2019 Penn State Dickinson Law

Dr. Tele-Corporation: Bridging The Access-To-Care Gap, Nader Amer

Dickinson Law Review

The United States is currently confronting an access-to-healthcare crisis, which rural regions are experiencing at a disproportionate rate. Many commentators have touted telemedicine as a solution for the access-to-care issue. Telemedicine uses video and telecommunication technology to allow physicians to treat patients from distant locations and thus facilitates a more equal distribution of physicians throughout the United States.

Although the telemedicine industry is quickly growing, the corporate practice of medicine doctrine impedes the industry’s expansion and consequently obstructs a viable solution to the access-to-care crisis. Generally, the corporate practice of medicine doctrine prohibits corporations and limited liability companies from ...


Whose Market Is It Anyway? A Philosophy And Law Critique Of The Supreme Court’S Free-Speech Absolutism, Spencer Bradley 2019 Penn State Dickinson Law

Whose Market Is It Anyway? A Philosophy And Law Critique Of The Supreme Court’S Free-Speech Absolutism, Spencer Bradley

Dickinson Law Review

In the wake of Charlottesville, the rise of the alt-right, and campus controversies, the First Amendment has fallen into public scrutiny. Historically, the First Amendment’s “marketplace of ideas” has been a driving source of American political identity; since Brandenburg v. Ohio, the First Amendment protects all speech from government interference unless it causes incitement. The marketplace of ideas allows for the good and the bad ideas to enter American society and ultimately allows the people to decide their own course.

Yet, is the First Amendment truly a tool of social progress? Initially, the First Amendment curtailed war-time dissidents and ...


Where The Constitution Falls Short: Confession Admissibility And Police Regulation, Courtney E. Lewis 2019 Penn State Dickinson Law

Where The Constitution Falls Short: Confession Admissibility And Police Regulation, Courtney E. Lewis

Dickinson Law Review

A confession presented at trial is one of the most damning pieces of evidence against a criminal defendant, which means that the rules governing its admissibility are critical. At the outset of confession admissibility in the United States, the judiciary focused on a confession’s truthfulness. Culminating in the landmark case Miranda v. Arizona, judicial concern with the reliability of confessions shifted away from whether a confession was true and towards curtailing unconstitutional police misconduct. Post-hoc constitutionality review, however, is arguably inappropriate. Such review is inappropriate largely because the reviewing court must find that the confession was voluntary only by ...


Review Of Draft No. 4, Beth Hirschfelder Wilensky 2019 University of Michigan Law School

Review Of Draft No. 4, Beth Hirschfelder Wilensky

Reviews

"Draft No. 4" is an essay collection by John McPhee about his long career as a journalist for The New Yorker. This book review uses the essay collection as a jumping-off point to discuss the similarities and differences between legal writing and long-form journalism, and what legal writers can learn about the writing process from journalists like McPhee.


International Human Rights Treaty Reservations: Compliance Through Non-Compliance, David Kidd 2019 University of Colorado, Boulder

International Human Rights Treaty Reservations: Compliance Through Non-Compliance, David Kidd

Undergraduate Honors Theses

Do reservations make international human rights law more or less powerful? Scholars are divided on the overall utility of reservations and attempt to explain their effect on human rights compliance with descriptive variables such as liberal democracy, or domestic legal protection, but assume compliance depending on the subjective appeal of these descriptive variables. This study will attempt to test the utility of reservations by taking a new approach –directly testing utility by conducting empirical analysis on whether or not the submission of a reservation affects compliance with international human rights requirements. I argue that contrary to previous research positing a ...


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