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Ann Piccard, The United States’ Failure To Ratify The International Covenant On Economic, Social, And Cultural Rights: Must The Poor Be Always With Us?, 13 Scholar 231 (2010)Clicking on the button will copy the full recommended citation.
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Louis J. Virelli, Judging Darwin: Understanding the New Adjudicative Model of Evolution Instruction, 13 U. Pa. J. Const. L. 81 (2010)Clicking on the button will copy the full recommended citation.
The debate over teaching evolution in public school science classes is changing rapidly. States have recently adopted new anti-evolution policy measures that represent a significant departure from previous efforts to curtail the teaching of evolution. These new measures employ what I describe in this Article as the “distributive model” of evolution education. The distributive model shuns legislative or regulatory prescriptions in favor of higher-order policy statements encouraging educators to promote critical thinking about scientific questions, including evolution. These policy statements empower individual educators to judge for themselves how best to engage in a critical review of evolution on a case-by-case basis. The emergence of the distributive model is critical to the future of evolution instruction because it portends a paradigmatic shift in the way we view evolution education policy. Prior to the introduction of the distributive model, courts consistently invalidated efforts to curtail evolution instruction under the Establishment Clause. This Article identifies the emergence of the distributive model and argues for a brand new way of looking at evolution instruction policy through the lens of administrative, rather than merely First Amendment, law. This new perspective is important because it offers a more holistic view of the distributive model’s highly dynamic policy environment than that provided by the Establishment Clause. More specifically, viewing the distributive model in accord with principles of administrative law reveals a number of significant political and legal issues independent from, and potentially preclusive of, Establishment Clause analysis.
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Mark D. Bauer, Department Stores on Sale: An Antitrust Quandary, 26 Ga. St. U. L. Rev. 255 (2010)Clicking on the button will copy the full recommended citation.
In 2005, Macy's bought its largest competitor, May Department Stores, for $17 billion. The resulting combination created a department store behemoth with over one thousand stores across the United States. Despite protests by the attorneys general of a number of states, and consumers and advocacy groups around the country, the Federal Trade Commission ("FTC") blessed this merger without requiring any modification in its terms. And according to law and economics scholars, this merger had no substantive impact on consumers, competition or consumer welfare.
My empirical research, published in an earlier law review article, showed that Macy's now charges consumers 13% more than it did before the merger, and was featured in a page one New York Times article. My empirical research, however, was an observation. This article tells the heart of a very compelling story behind that empirical research and critically analyzes important legal questions. Department stores are an important part of the fabric of American life. For example, more than two years after Macy's changed the name of all Marshall Field's stores in Chicago, people are still picketing the store - in fact they led a large protest at Macy's most recent annual stock holder's meeting. Barely a day goes by without a major newspaper featuring a story on the plight of American department stores and consumer angst over these destructive changes.
The FTC, which investigated Macy's acquisition of May, may have erred. This article explains the relevant history of department stores, analyzes the FTC's flawed investigation of the deal, and critiques the narrowly applied law and economics analysis that led to these incorrect conclusions.
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Joseph F. Morrissey, Introduction, The Transformative Power of Law, 39 Stetson L. Rev. 625 (2010)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan and Rebecca C. Morgan, The Elderly in Bankruptcy and Health Reform, 18 Geo. J.L. & Pub. Pol'y 1 (2010)Clicking on the button will copy the full recommended citation.
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Louis J. Virelli, Evolutionary Due Process, 104 Northwestern Juniversity Law Review Colloquy 251 (2010)Clicking on the button will copy the full recommended citation.
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Ann Piccard, U.S. Ratification of CEDAW: From Bad to Worse?, 28 Law & Ineq. 119 (2010)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan and Rebecca C. Morgan, Today’s Elderly in Bankruptcy and Predictions for the Elderly of Tomorrow, 6 NAELA Journal 1 (2010)Clicking on the button will copy the full recommended citation.
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Catherine J. Cameron, Fixing FOIA: Pushing Congress to Amend FOIA Section B(3) to Require Congress to Explicitly Indicate an Intent to Exempt Records from FOIA in New Legislation, 28 Quinnipiac L. Rev. 855 (2010)Clicking on the button will copy the full recommended citation.
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Roberta Flowers, Ethics and Elder Law: Teaching Students to Ask the Right Questions, 40 Stetson L. Rev. 133 (2010)Clicking on the button will copy the full recommended citation.
Teaching professional responsibility generally is not an easy task, but when it is combined with the complicated issues in Elder Law, it poses obstacles, challenges, and great rewards. Many times the best way for practitioners to solve the ethical dilemmas they face is to know the right questions to ask. This Article discusses how using Elder Law examples to illustrate ethical issues can accomplish the following three goals: (1) teaching the general rules of professional responsibility using the lens of Elder Law; (2) exploring the unique roles played by Elder Law attorneys in the lives of their clients and their clients’ families; and (3) help the students learn to identify the questions and concerns raised in this particular area of law. Teaching ethics in an Elder Law context affords the students the opportunity to explore the roles of the Elder Law attorney and the need to recognize the questions and concerns in this area of law.