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Candace Zierdt, Promises and Obligations in American Contract Law, in Overview of U.S. Law (Ellen S. Podgor and John F. Cooper eds., LexisNexis, 2009)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Race-ing Prosecutors’ Ethics Codes, 44 Harv. C.R.-C.L. L. Rev. 461 (2009)Clicking on the button will copy the full recommended citation.
This Essay examines prosecutorial discretion, using the decisions made in the Jena Six incident as its example for change. Two crucial considerations, omitted in this decision-making process, are offered here. First is the importance of examining cases globally as opposed to making prosecutorial decisions using a one-dimensional process. Looking only at whether specific facts support a particular charge fails to account for promoting justice in situations that might be threaded to a particular theme. Merely matching facts to elements of a statute fails to provide a thoughtful recognition of what is in fact a "just" resolution. Second is the need to be vocal when an injustice warrants correction. The affirmative duty of a prosecutor to promote justice has both symbolic and practical implications.
This Essay examines the discretionary decision-making process from the perspective of legal and ethical mandates that are intended to guide prosecutors in their choices. In looking at the hortatory guidance provided to prosecutors, it considers the role of compassion and how compassion can be used to ensure fairness in the process. While personalities can clearly influence a charging decision, it is important to make certain that the decisions are not made as a one-dimensional process. Rather, it is necessary that the decision-making process examines all factors and circumstances in order to make certain that the prosecutor acts as a true "minister of justice."
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Andrew D. Appleby, Pay at the Pump: How $11 Per Gallon Gasoline can Solve the United States’ Most Pressing Challenges, 40 Cumb. L. Rev. 3– (2009)Clicking on the button will copy the full recommended citation.
The United States of America currently faces unprecedented challenges. If our nation fails to effectively answer these challenges - such as fragile national security, the worst economic crisis since the Great Depression, and potentially catastrophic climate change - we will lose our position as a world power. One problem underlies all of the United States’ challenges: Dependence on foreign oil. If the United States can dramatically reduce its oil dependence, the direct effect would be less exposure to Middle Eastern turmoil, dampened competitive pressures in Asia, significantly reduced funds flowing to terrorist activities, and a revived economy.
This article proposes a detailed plan that would efficiently and effectively eliminate the United States’ foreign oil dependence. The foundation of this novel proposal is a significantly increased gasoline tax that would eliminate gasoline consumption and consequently solve our nation’s most pressing challenges.
This article begins by analyzing the root problem of the United States’ most pressing challenges: Staggering foreign oil consumption. This article examines the wide-ranging effects of our immense oil consumption on virtually all aspects of life - including national security, climate change, the world economy, the environment, and public health. This article then proposes a simple solution: A federal gasoline tax large enough to reduce consumer demand to practically zero. A significantly increased gasoline tax is the ideal solution; nothing else so simple can have such an immense impact on all our nation’s most pressing challenges. The discussion begins with the general economic principles underlying a gasoline tax, and then moves to a detailed plan to effectively implement such a gasoline tax. Although virtually all economists support an increased gasoline tax, this article is the first to thoroughly propose such a substantial tax combined with the elimination of fuel economy standards. This article also analyzes the Obama administration’s most recent efforts to stimulate the economy and fight climate change. This article then discusses the results of the proposed gasoline tax and its accompanying precipitous drop in fossil-fuel demand. The article concludes with a detailed look at the alternative-energy solutions that would quickly proliferate in a society devoid of gasoline demand.
This article presents a novel and timely proposal that would efficiently and effectively eliminate the United States’ foreign oil dependence, and at the same time immediately stimulate the economy and build a foundation for long-term economic growth. Hopefully this article will begin the discussion that prompts the United States to lead an international shift toward sustainable growth and prosperity.
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Michael S. Finch et al., Federal Courts: Context, Cases, and Problems (1st ed., Aspen Publishers, 2009)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor and John F. Cooper (eds.), Overview of U.S. Law (1st ed., LexisNexis, 2009)Clicking on the button will copy the full recommended citation.
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Steven Lubet and Elizabeth Ippolito Boals, A Guide for Expert Witnesses and the Lawyers Who Examine Them (2nd ed., NITA, 2009)Clicking on the button will copy the full recommended citation.
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Linda S. Anderson, Adding Players to the Game: Parentage Determinations When Assisted Reproductive Technology is Used to Create Families, 62 Ark. L. Rev. 29 (2009)Clicking on the button will copy the full recommended citation.
Though some forms of assisted reproduction (ART) have been available for a long time, more recent scientific advances in reproductive technology created opportunities for more people to build families, but consequently caused confusion about who should be considered a parent. In addition, changing family relationships have caused questions about who should be considered a parent.
This article attempts to compare the way various courts identify the legal parents of a child born through assisted reproductive technology. After updating existing discussions about the way parentage decisions are made in ART situations the article provides additional support for creating a predictable and consistent approach to situations that scientific advances force courts and legislatures to address.
With little statutory guidance and constrained by individual and varying state law and public policy, courts have attempted to fashion results while generally trying to avoid usurping legislative powers. This article suggests that until legislatures establish clear guidelines for identifying parents, intent to create a child to raise as one’s own should determine parentage when any form of ART is utilized. In fact, as legislatures tackle this complicated issue, intent can provide a reasonable determining factor of a legal parent.
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Michael S. Finch, Judicial Evaluation of Traumatically Induced Fybromyalgia, 2 Psychological Injury and the Law 24 (2009)Clicking on the button will copy the full recommended citation.
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Peter Lake, Beyond Discipline: Managing the Modern Higher Education Environment (Hierophant Enterprises, Inc., 2009)Clicking on the button will copy the full recommended citation.
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Catherine J. Cameron, Jumping Off the Merry-Go-Round: How the Federal Courts Will Reconcile the Circular Deference Problem Between HIPAA and FOIA, 58 Cath. U. L. Rev. 333 (2009)Clicking on the button will copy the full recommended citation.
This Article introduces the conflict between HIPAA and FOIA in Part II, which explains the provisions of HIPAA and FOIA and the HHS regulations that cover access to medical records held by the federal government. Part II delineates the practical realities agency personnel will face when a record request falls under both HIPAA and FOIA. Part IV of this Article highlights how two states have dealt with HIPAA’s conflict with state statutes to see how those courts have resolved a similar conflict. Part V delves into the case law interpreting Exemption Six of FOIA to conclude that HHS’s assessment that Exemption Six should not cause a conflict with FOIA is inaccurate. Finally, this Article argues that a federal court should decide that public access to a medical record held by a government health provider is dictated by FOIA’s Exemption Six instead of HIPAA and HHS regulations.