{"title":"The standard of care for residents and other medical school graduates in training.","authors":"Joseph H King","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80193,"journal":{"name":"The American University law review","volume":"55 3","pages":"683-751"},"PeriodicalIF":0.0,"publicationDate":"2006-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26052087","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"\"Racially-tailored\" medicine unraveled.","authors":"Sharona Hoffman","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80193,"journal":{"name":"The American University law review","volume":"55 2","pages":"395-452"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25977711","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Endorsing religion: drug courts and the 12-step recovery support program.","authors":"Emily M Gallas","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80193,"journal":{"name":"The American University law review","volume":"53 5","pages":"1063-101"},"PeriodicalIF":0.0,"publicationDate":"2004-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24801096","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Constitution at the threshold of life and death: a suggested approach to accommodate an interest in life and a right to die.","authors":"Michael P Allen","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80193,"journal":{"name":"The American University law review","volume":"53 5","pages":"971-1020"},"PeriodicalIF":0.0,"publicationDate":"2004-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24801094","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The parent trap: uncovering the myth of \"coerced parenthood\" in frozen embryo disputes.","authors":"Ellen Waldman","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80193,"journal":{"name":"The American University law review","volume":"53 5","pages":"1021-62"},"PeriodicalIF":0.0,"publicationDate":"2004-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24801095","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2004-02-16DOI: 10.1017/CBO9780511609800.052
F. J. Lipman
Federal employment strategies for people with disabilities do not seem to be working. Scholars argue that the Americans with Disabilities Act and similar legislation that exemplify the disability theory of integrationism with the goal of integrating people with disabilities into mainstream employment cannot succeed. Society cannot eradicate barriers to employment for people with disabilities simply by the integrationist modest approach of reasonable accommodation. A post-integrationist approach may be required to provide legitimate equal employment opportunities for people with disabilities. In December 2002, the General Accounting Office released its report on its study of three federal business tax incentives to encourage employment of people with disabilities. This Article evaluates this federal employment strategy using post-integrationist theory. The Article proposes significant legislative modifications to empower these tax provisions and the Earned Income Tax Credit to enable work for people with disabilities.
{"title":"Enabling Work for People with Disabilities: A Post-Integrationist Revision of Underutilized Tax Incentives","authors":"F. J. Lipman","doi":"10.1017/CBO9780511609800.052","DOIUrl":"https://doi.org/10.1017/CBO9780511609800.052","url":null,"abstract":"Federal employment strategies for people with disabilities do not seem to be working. Scholars argue that the Americans with Disabilities Act and similar legislation that exemplify the disability theory of integrationism with the goal of integrating people with disabilities into mainstream employment cannot succeed. Society cannot eradicate barriers to employment for people with disabilities simply by the integrationist modest approach of reasonable accommodation. A post-integrationist approach may be required to provide legitimate equal employment opportunities for people with disabilities. In December 2002, the General Accounting Office released its report on its study of three federal business tax incentives to encourage employment of people with disabilities. This Article evaluates this federal employment strategy using post-integrationist theory. The Article proposes significant legislative modifications to empower these tax provisions and the Earned Income Tax Credit to enable work for people with disabilities.","PeriodicalId":80193,"journal":{"name":"The American University law review","volume":"159 1","pages":"2"},"PeriodicalIF":0.0,"publicationDate":"2004-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90987649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The lifetime exclusion of felons from jury service is the majority rule in the U.S., used in thirty one states and in federal courts. The result is that over 6% of the adult population is excluded, including about 30% of black men. The parallel issue of felon disenfranchisement has drawn considerable scholarly attention, despite its lower, declining, and less racially charged numbers. The racial composition of juries has been widely discussed in the literature as well. By contrast, felon jury service has been almost entirely ignored, despite a mass of legislation and appellate litigation, and despite glaring racial disparities. One can hardly argue that the biggest problem with the American legal system is that our juries do not have enough felons on them. Nevertheless, the question of whether and when felons (principally "ex-felons") should serve as jurors involves several larger issues. This article surveys the current law of felon exclusion and surveys its history. It then surveys and proposes constitutional arguments for and against felon exclusion, and concludes that it is constitutional either to exclude felons from juries, as most jurisdictions do, or to include them, as others do. While this result is fairly clear from current doctrine, it exposes flaws and ambiguities in that doctrine. It also undermines the principal justifications for felon exclusion (protecting the probity of the jury, and eliminating inherently biased jurors). Because both exclusion and inclusion are legal, the remainder of the article considers policy arguments for and against felon exclusion: first, the nature of the jury, and whether felon exclusion is compatible with it; next, a similar analysis regarding the treatment of felons; and finally other, general policy arguments. The discussion concludes with a recommendation that while some felon exclusion may be appropriate, it should be carefully considered and should not be based on inflexible generalizations about crimes, criminals, and trials. Instead, felons who are worthy should have a chance to contend as individuals for a seat on a jury, under the same constraints as everyone else.
{"title":"The Exclusion of Felons from Jury Service","authors":"B. Kalt","doi":"10.2139/SSRN.420840","DOIUrl":"https://doi.org/10.2139/SSRN.420840","url":null,"abstract":"The lifetime exclusion of felons from jury service is the majority rule in the U.S., used in thirty one states and in federal courts. The result is that over 6% of the adult population is excluded, including about 30% of black men. The parallel issue of felon disenfranchisement has drawn considerable scholarly attention, despite its lower, declining, and less racially charged numbers. The racial composition of juries has been widely discussed in the literature as well. By contrast, felon jury service has been almost entirely ignored, despite a mass of legislation and appellate litigation, and despite glaring racial disparities. One can hardly argue that the biggest problem with the American legal system is that our juries do not have enough felons on them. Nevertheless, the question of whether and when felons (principally \"ex-felons\") should serve as jurors involves several larger issues. This article surveys the current law of felon exclusion and surveys its history. It then surveys and proposes constitutional arguments for and against felon exclusion, and concludes that it is constitutional either to exclude felons from juries, as most jurisdictions do, or to include them, as others do. While this result is fairly clear from current doctrine, it exposes flaws and ambiguities in that doctrine. It also undermines the principal justifications for felon exclusion (protecting the probity of the jury, and eliminating inherently biased jurors). Because both exclusion and inclusion are legal, the remainder of the article considers policy arguments for and against felon exclusion: first, the nature of the jury, and whether felon exclusion is compatible with it; next, a similar analysis regarding the treatment of felons; and finally other, general policy arguments. The discussion concludes with a recommendation that while some felon exclusion may be appropriate, it should be carefully considered and should not be based on inflexible generalizations about crimes, criminals, and trials. Instead, felons who are worthy should have a chance to contend as individuals for a seat on a jury, under the same constraints as everyone else.","PeriodicalId":80193,"journal":{"name":"The American University law review","volume":"13 1","pages":"65"},"PeriodicalIF":0.0,"publicationDate":"2003-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84985477","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Several recent studies have shown that employment discrimination plaintiffs filing lawsuits in federal court under Title I of the Americans with Disabilities Act (ADA) win only approximately five percent of their cases. This Article argues that this phenomenon is attributable at least in part to the ADA's very flawed definition of the term "disability." It suggests that the current definition be abandoned and that a new approach be adopted, one that would reshape the ADA's protected class so that it more closely resembles a discrete and insular minority, such as those traditionally protected by the civil rights laws. While Title I of the ADA embraces the goals of participatory and distributive justice for all individuals with disabilities, these objectives should be subordinated to the goal of providing corrective justice for those who commonly suffer discrimination. "Individuals with disabilities" should be redefined as those with mental or physical impairments that have been targeted for systematic discrimination by public policy or widespread private practice. The ADA should further authorize the Equal Employment Opportunity Commission (EEOC) to develop an exclusive list of covered impairments and categories of conditions that are known to be associated with discrimination, such as mental illness, disfigurement, and paralysis. The proposed definition and the list of covered categories would provide much clearer guidance to plaintiffs, employers, and the courts and would significantly enhance the efficacy of Title I of the ADA.
{"title":"Corrective Justice and Title I of the ADA","authors":"S. Hoffman","doi":"10.2139/SSRN.386641","DOIUrl":"https://doi.org/10.2139/SSRN.386641","url":null,"abstract":"Several recent studies have shown that employment discrimination plaintiffs filing lawsuits in federal court under Title I of the Americans with Disabilities Act (ADA) win only approximately five percent of their cases. This Article argues that this phenomenon is attributable at least in part to the ADA's very flawed definition of the term \"disability.\" It suggests that the current definition be abandoned and that a new approach be adopted, one that would reshape the ADA's protected class so that it more closely resembles a discrete and insular minority, such as those traditionally protected by the civil rights laws. While Title I of the ADA embraces the goals of participatory and distributive justice for all individuals with disabilities, these objectives should be subordinated to the goal of providing corrective justice for those who commonly suffer discrimination. \"Individuals with disabilities\" should be redefined as those with mental or physical impairments that have been targeted for systematic discrimination by public policy or widespread private practice. The ADA should further authorize the Equal Employment Opportunity Commission (EEOC) to develop an exclusive list of covered impairments and categories of conditions that are known to be associated with discrimination, such as mental illness, disfigurement, and paralysis. The proposed definition and the list of covered categories would provide much clearer guidance to plaintiffs, employers, and the courts and would significantly enhance the efficacy of Title I of the ADA.","PeriodicalId":80193,"journal":{"name":"The American University law review","volume":"1 1","pages":"2"},"PeriodicalIF":0.0,"publicationDate":"2003-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80140548","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article explores the links between energy policy, tax policy and global warming. This article focuses on tax policy, because the emerging consensus among legal scholars favors economic incentives rather than command-and-control regulations for reaching environmental goals, and the Federal income tax has proved an effective delivery system for economic incentives. After briefly discussing of the science of global warming and the provisions of the Kyoto Protocol on Climate Change, the article reviews the impact of both existing tax law and current proposals for energy legislation on global warming, as well as potential international law consequences of failure to act to curtail global warming. This analysis also includes a discussion of global warming as "tragedy of the commons" issue and reflects on how psychological factors and economic beliefs may affect the public's level of concern about global warming. Concluding that both present law and current proposals create incentives for continued and increasing use of greenhouse gas emitting fossil fuels, the article outlines a three part strategy for curtailing global warming through tax policy: (1) reducing or eliminating the present law subsidies for fossil fuel use while creating and strengthening incentives for alternative energy generation; (2) imposing a carbon tax; and (3) creating incentives for development of carbon sequestration projects in privately held forests in the United States. The article studies the effectiveness of these proposals by comparing similar proposals in effect in other countries and by considering the classic tax policy goals of equity and efficiency. The tax system is an appropriate and effective way to encourage businesses to adopt an environmental ethic and take action to reverse global warming. Strong economic, esthetic, and moral arguments support changing our tax system to protect the environment from global warming.
{"title":"Waiting to Exhale?: Global Warming and Tax Policy","authors":"Roberta F. Mann","doi":"10.2139/SSRN.350602","DOIUrl":"https://doi.org/10.2139/SSRN.350602","url":null,"abstract":"This article explores the links between energy policy, tax policy and global warming. This article focuses on tax policy, because the emerging consensus among legal scholars favors economic incentives rather than command-and-control regulations for reaching environmental goals, and the Federal income tax has proved an effective delivery system for economic incentives. After briefly discussing of the science of global warming and the provisions of the Kyoto Protocol on Climate Change, the article reviews the impact of both existing tax law and current proposals for energy legislation on global warming, as well as potential international law consequences of failure to act to curtail global warming. This analysis also includes a discussion of global warming as \"tragedy of the commons\" issue and reflects on how psychological factors and economic beliefs may affect the public's level of concern about global warming. Concluding that both present law and current proposals create incentives for continued and increasing use of greenhouse gas emitting fossil fuels, the article outlines a three part strategy for curtailing global warming through tax policy: (1) reducing or eliminating the present law subsidies for fossil fuel use while creating and strengthening incentives for alternative energy generation; (2) imposing a carbon tax; and (3) creating incentives for development of carbon sequestration projects in privately held forests in the United States. The article studies the effectiveness of these proposals by comparing similar proposals in effect in other countries and by considering the classic tax policy goals of equity and efficiency. The tax system is an appropriate and effective way to encourage businesses to adopt an environmental ethic and take action to reverse global warming. Strong economic, esthetic, and moral arguments support changing our tax system to protect the environment from global warming.","PeriodicalId":80193,"journal":{"name":"The American University law review","volume":"184 1","pages":"2"},"PeriodicalIF":0.0,"publicationDate":"2002-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73939069","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The intentional tort of patient dumping: a new state cause of action to address the shortcomings of the federal Emergency Medical Treatment and Active Labor Act (EMTALA).","authors":"Thomas A Gionis, Carlos A Camargo, Anthony S Zito","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80193,"journal":{"name":"The American University law review","volume":"52 1","pages":"173-308"},"PeriodicalIF":0.0,"publicationDate":"2002-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22197603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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