Justifying the Law-Equity Divide Article
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Recommended Citation
Marco Jimenez, Justifying the Law-Equity Divide, 2016 Jotwell 178 (2016)Clicking on the button will copy the full recommended citation.
2016
Hope for Zimmerism: Overcoming the Empathy Problem in Antidiscrimination Law Article
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Recommended Citation
Jason Bent, Hope for Zimmerism: Overcoming the Empathy Problem in Antidiscrimination Law, 20 Em. Rts. & Emp. Pol'y J. 277 (2016)Clicking on the button will copy the full recommended citation.
National Wetland Policies: The Basics Book Chapter
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Royal C. Gardner, National Wetland Policies: The Basics, in The Wetland Book (C. Max Finlayson et al. eds., 2016)Clicking on the button will copy the full recommended citation.
Consumers’ and Workers’ Perspectives about Consumer-Directed Services in the United States Article
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Recommended Citation
Jamie G. Swaine et al., Consumers’ and Workers’ Perspectives about Consumer-Directed Services in the United States, 9 Disability and Health Journal 464 (2016)Clicking on the button will copy the full recommended citation.
Background
Consumer direction is a service delivery model that shifts decision-making from agencies to the individuals they serve. Using government funding, consumers hire, supervise, and schedule their own staff and maintain control over the delivery of their services.
Objective
This study sought to understand the process of consumer direction as well as the experiences and perspectives of both the consumers and employees. The study also sought to better understand if and how consumer direction allows the consumer to direct his or her life, the impact consumer direction may have on the individual's health and health care, and how employment in consumer directed programs impacts the workers providing direct care services.
Method
This qualitative study included interviews with consumers (N = 20) and workers (N = 15) in Virginia, a southern state in the US. Semi-structured phone interviews were conducted by one member of the research team and transcribed and coded for themes by the research team using grounded theory methodology.
Results
Consumers reported greater control over their services and increased access to health care, compared to what they previously received with traditional services. Conversely, consumers reported challenges in managing their staff and fulfilling the role of an employer. Employees reported a lack of training prior to starting their jobs, as well as an inability to live off on low hourly wages. Still, the majority of employees reported job satisfaction and fulfillment.
Conclusion
Policymakers should expand and strengthen the consumer directed program.
Health Theft Article
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Recommended Citation
Jason Bent, Health Theft, 48 Conn. L. Rev. 637 (2016)Clicking on the button will copy the full recommended citation.
Three possible approaches have been advanced for setting appropriate occupational health standards: the feasibility principle currently employed by OSHA, cost-benefit analysis, and a “soft” cost-benefit analysis that allows for qualitative considerations. This Article rejects all three and advances a fourth possible approach that would focus on counteracting “health theft” by employers — employer actions that expose workers to health risks without compensation. An anti-health theft approach recognizes that Congress’s purpose in enacting the Occupational Safety and Health Act was to maximize worker welfare, not to maximize overall total social welfare. This Article makes both the positive claim that counteracting health theft was Congress’s intent when it enacted the OSH Act and the normative claim that an anti-health theft approach sets a rational regulatory standard justified on distributional grounds. The Article urges OSHA to adopt the anti-health theft principle as a reasonable interpretation of the ambiguous Section 6(b)(5) of the OSH Act.
International Legal Developments Year in Review: 2015, Introduction Article
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Brooke J. Bowman and Jason S. Palmer, International Legal Developments Year in Review: 2015, Introduction, 50 International Legal Development Year in Review 1 (2016)Clicking on the button will copy the full recommended citation.
Ramsar Convention: Transboundary Ramsar Sites Book Chapter
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Royal C. Gardner, Ramsar Convention: Transboundary Ramsar Sites, in The Wetland Book (C. Max Finlayson et al. eds., 2016)Clicking on the button will copy the full recommended citation.
International Criminal Law: Cases and Materials Book
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Ellen S. Podgor et al., International Criminal Law: Cases and Materials (4th ed., Carolina Academic Press, 2016)Clicking on the button will copy the full recommended citation.
Editor’s Note Article
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Brooke J. Bowman, Editor’s Note, 21 Legal Writing iii (2016)Clicking on the button will copy the full recommended citation.
Overview of Wetland Management Book Chapter
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Recommended Citation
Royal C. Gardner et al., Overview of Wetland Management, in The Wetland Book (C. Max Finlayson et al. eds., 2016)Clicking on the button will copy the full recommended citation.