International Sales of Goods Article
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Candace Zierdt and Kristen David Adams, International Sales of Goods, 70 Bus. Law. 1269 (2015)Clicking on the button will copy the full recommended citation.
Articles
Attention Lenders! The TILA-RESPA Integrated Disclosure Rule Is Taking Effect: Two New Disclosure Forms Are Required for Most Closed-End Consumer Mortgage Loans Article
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Anthony Palermo, Attention Lenders! The TILA-RESPA Integrated Disclosure Rule Is Taking Effect: Two New Disclosure Forms Are Required for Most Closed-End Consumer Mortgage Loans, Corporate Counsel: ABA Young Lawyers Division Newsletter (2015)Clicking on the button will copy the full recommended citation.
Doctors as Debt Collectors? Healthcare Providers and the Florida Consumer Collection Practices Act Article
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Anthony Palermo, Doctors as Debt Collectors? Healthcare Providers and the Florida Consumer Collection Practices Act, 67 Fla. L. Rev. Forum 105 (2015)Clicking on the button will copy the full recommended citation.
Beginning in the 1960s, state legislatures across the country enacted consumer protection acts that “were originally designed to supplement the Federal Trade Commission’s (FTC) mission of protecting consumers from ‘unfair or deceptive acts or practices’ and are referred to as ‘Little-FTC Acts.’” As the area of consumer collection continues to grow in Florida, various healthcare providers are finding themselves subject to or threatened with a lawsuit for alleged violations of the Florida Consumer Collection Practices Act (FCCPA) and its federal counterpart, the Fair Debt Collection Practices Act (FDCPA), as well as the Telephone Consumer Protection Act (TCPA).
Communications with patients—often sent in accordance with collection policies and procedures, patient agreements, form patient statements, dunning messages, and collection agency contracts—are becoming vehicles for consumer collection claims and exposing healthcare providers to liability. Healthcare providers should become familiar with Florida’s consumer collection laws and implement strategies to increase compliance with and decrease exposure under the FCCPA, FDCPA, and the TCPA.
The Integrated Curriculum of the Future: Eliminating A Hidden Curriculum to Unveil a New Era of Collaboration, Practical Training and Interdisciplinary Learning Article
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Christine E. Cerniglia, The Integrated Curriculum of the Future: Eliminating A Hidden Curriculum to Unveil a New Era of Collaboration, Practical Training and Interdisciplinary Learning, 7 Elon L. Rev. 167 (2015)Clicking on the button will copy the full recommended citation.
Book Review, The Fourteenth Amendment and the Privileges and Immunities of American Citizenship. Kurt. T. Lash Article
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James W. Fox, Book Review, The Fourteenth Amendment and the Privileges and Immunities of American Citizenship. Kurt. T. Lash, 30 Const. Comment. 567 (2015)Clicking on the button will copy the full recommended citation.
In this essay I review Kurt Lash’s The Fourteenth Amendment and the Privileges and Immunities of American Citizenship. Lash has written perhaps the most important work to date on the background of the Fourteenth Amendment’s Privileges or Immunities Clause. This essay summarizes the basic insights and arguments of the book and then presents a critique of it on two levels. First, it argues that the background of the Privileges or Immunities Clause is more ambiguous than Lash suggests and that this background does not support Lash’s rejection of natural rights interpretations of the Clause. Second, and more fundamentally, the essay argues that Lash — consistent with some other contemporary originalists — assumes an overly narrow concept of the historical public in his pursuit of the public meaning behind the Clause. Given the formal and informal exclusions of women and minorities from public discourse and decision-making, it is impossible to speak of a unitary “public.” We should consider instead how to identify and incorporate multiple publics and to consider what such a multi-public or counterpublic approach to historical meanings might look like.
The New Cold War: Russia’s Ban on Adoptions by U.S. Citizens Article
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Cynthia Hawkins DeBose and Ekaterina DeAngelo, The New Cold War: Russia’s Ban on Adoptions by U.S. Citizens, 28 Journal of the American Academy of Matrimonial Lawyers 51 (2015)Clicking on the button will copy the full recommended citation.
Lightening the VA’s Rucksack: A Proposal for Higher Education Medical-Legal Partnerships to Assist the VA in Efficiently and Accurately Granting Veterans Disability Compensation Article
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Stacey-Rae Simcox, Lightening the VA’s Rucksack: A Proposal for Higher Education Medical-Legal Partnerships to Assist the VA in Efficiently and Accurately Granting Veterans Disability Compensation, 25 Cornell J.L. & Pub. Pol'y 141 (2015)Clicking on the button will copy the full recommended citation.
The struggles of veterans to navigate the Department of Veterans Affairs’ (VA) mammoth bureaucracy flash across our news screens every evening and Congress regularly holds hearings to address the many billions of dollars spent on unsuccessful solutions. According to the VA, 1.5 million new claims for disability benefits are expected to be filed in 2015, which represents an increase of 20% over 2014 numbers. Veterans who wait many months to years for a decision, often accept the VA’s denial of benefits and never file an appeal. For many veterans, this is a bad choice. Only approximately three and a half percent of claims are appealed past the first level of administrative review to the Board of Veterans’ Appeals. The Board remands or reverses an incredible 73% of the VA decisions it reviews. Appeals to the federal court, the Court of Appeals for Veterans Claims, account for approximately one half of one percent of all veterans’ claims filed. In the VA and Board decisions it reviews, the court consistently finds that in a majority of the cases the government is unjustifiably withholding benefits from veterans. Add to these statistics the VA’s heavy reliance on what the VA’s Inspector General has called “incompetent” medical evidence to make these decisions. It is easy to see that the VA needs help to administer benefits to veterans and why veterans need assistance navigating this process.
This article is written in recognition of the facts and statistics that point to the reality that the VA is a titanic bureaucracy that is unlikely to deliver benefits to veterans efficiently or effectively in its current state. While change of the entire system is desirable, radical change is doubtful to happen quickly or efficiently. In light of this reality, this article proposes a unique solution to the problem: a medical-legal collaboration between law and medical schools. This interdisciplinary approach allows veterans to benefit from skilled advocacy and advice at the most essential stages of a claim at no cost to the veteran. Veterans can also receive thorough, competent, and specialized evaluations and opinions at little to no cost from medical students under the supervision of licensed faculty. Through this partnership, law and medical students learn critical skills that will impact their future practices. They also gain the essential ability to understand and appreciate the impact of other professionals on the client/patient they engage. Finally, this type of collaboration helps the VA make accurate decisions more efficiently.
This type of cutting-edge medical-legal collaboration has been successfully implemented only at Stetson University’s College of Law and William & Mary Law School to date. The data from these collaborations demonstrates, among other things, that when medical (including mental health graduate clinical) students and law students collaborate they convince the VA to reverse a previous decision on a veteran’s claim 82% of the time. Adding to these statistics that point to higher than normal grants of benefits in complicated claims for post-traumatic stress disorder, the quantitative results of a medical-legal collaboration are immeasurable.
To examine this distinctive proposal, Part I of this article will discuss the VA disability compensation benefits system and the challenges facing the VA in delivering these benefits. Part II will argue that the veteran’s need for a trained advocate during the claims process is absolute and should be filled, despite the VA’s hesitancy to allow attorneys to enter the fray. Part III will examine the veteran’s need for independent medical evidence. Finally, Part IV will propose that law students, medical students, and other professional graduate students are a vast untapped resource that are distinctively equipped to fill these needs by discussing results realized from this type of collaboration and the benefits to all involved. The conclusion of the article is a recognition that all involved in this collaboration, veterans, students, and the VA, benefit tremendously from this partnership.
Inequality, Opportunity, and the Law of the Workplace Symposium: Symposium Introduction and Dedication Article
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Jason Bent, Inequality, Opportunity, and the Law of the Workplace Symposium: Symposium Introduction and Dedication, 45 Stetson L. Rev. 1 (2015)Clicking on the button will copy the full recommended citation.
“The Millennials are Coming!”: Improving Self-Efficacy in Law Students Through Universal Design in Learning Article
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Jason S. Palmer, “The Millennials are Coming!”: Improving Self-Efficacy in Law Students Through Universal Design in Learning, 63 Clev. St. L. Rev. 675 (2015)Clicking on the button will copy the full recommended citation.
The Millennial generation has arrived in law school. This new generation of self-confident and extremely high-achieving learners merits a new interdisciplinary approach to legal education. Some institutions have explored formative assessments and regulated self-learning to improve academic success. Other universities have looked to universal design, specifically universal design in learning or universal design in instruction, as a mechanism for furthering educational goals for their students. All agree that a lack of self-efficacy can prevent Millennial students from overcoming challenges in their educational growth, and that high self-efficacy, the ability to put forth effort and persistence to successfully accomplish a goal, will lead to better learning outcomes and is a powerful predictor of educational success. None, however, have paired the theories of self-regulated learning and universal design in instruction as a vehicle to improve self-efficacy in the law school classroom. This article is the first to address the unique intersection of these learning theories and their potentially positive impact on self-efficacy for today’s learners.
Professional Identity Formation: Working Backwards to Move the Profession Forward Article
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Christine E. Cerniglia, Professional Identity Formation: Working Backwards to Move the Profession Forward, 61 Loy. L. Rev. 313 (2015)Clicking on the button will copy the full recommended citation.