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Carnival Cruise and the contracting of everything
No full textThis short essay is about the potential unconscionablity of contracts between cruise lines and passengers
Transcending the Criminal Law\u27s One Size Fits All Response to Domestic Violence
Get PDFDomestic violence is no longer a private matter confined within the four walls of the home. The shift from private to public is connected with marked progress within the legal system, which strives to protect victims and hold batterers accountable through a myriad of specific responses that have ranged from attitudinal and logistical shifts from law enforcement to increased attention within legal education to a general acknowledgment of the impact of domestic violence on individual victims, children, families, and the broader community to the passage of federal and state legislation.
The state legislative landscape has historically centered around a very narrow subset of laws that mandate or encourage arrest and criminalize domestic violence-related acts. Research demonstrates both compelling support for and against the effectiveness of these laws, making it difficult to draw meaningful conclusions about their actual impact. Scholars and advocates have also expressed diverging opinions about the desirability of this response.
This article takes a different approach to exploring the criminalization of domestic violence by transcending the pervasive either/or dichotomy that dominates the field. It builds on my previous body of work that examines how mandatory arrest laws are often incorrectly categorized into a uniform classification scheme, leading to a complexity of problems like different research outcomes. Despite the actual variance in these laws, however, there remains a problematic uniformity that is characteristic of the current approach: many of the existing laws, policies, and practices tend to impose a one size fits all solution to a problem that is incredibly complex. The current singular approach might be necessary as a matter of practicality and public welfare, but it does not adequately respond to all of a particular victim\u27s needs or to the needs of all victims. Many never become engaged with the criminal justice system in the first place. Others, who do, still face tremendous barriers that compromise their safety and/or impede their ability to leave their abuser. Reconciling these competing ideas has proved challenging.
Through analysis of recent state-based legislative and policy innovations focused on two areas that are particularly relevant for victims-housing and victim safety as it relates to improving the effectiveness of orders of protection-this article proposes a new conceptual framework. Using these victim-centered state laws and policies as a starting place, this article illustrates how the existence of a myriad of strategies and innovations can ultimately transcend the limitations inherent in the existing one size fits all response of the criminal law
How not to be jaded when the world is going to the bad place in a hand basket
No full textFive proactive steps for lawyers to take to prevent callous and jaded attitudes
The Tobacco Diaries: Lessons Learned and Applied to Regulation of Dietary Supplements
Get PDFThis Article examines the future role of the FDA in the regulation of the dietary supplement industry. To address the role of the FDA in the twenty-first century with respect to the dietary supplement industry, Part I of this Article begins by describing the dietary supplement industry and the role of the FDA in this industry. In Part II, this Article provides a brief exposé of the tactics used by the tobacco industry to evade regulation. The purpose of Part II is to provide insight into the tobacco industry’s ability to manipulate consumers and discount scientific proof of the harmful effects of smoking. In Part III, this Article addresses solutions to concerns over the current regulatory regime. Although FDA regulation is likely the most effective way to ensure that products that are on the market are safe, Part III of this Article explores other non-regulatory mechanisms as well
Health Care Cost Containment: No Longer an Option but a Mandate
Get PDFThe growth in health care costs in the United States in the past two decades has been staggering and extraordinarily burdensome not only to the federal and state governments but also to employers and individuals who purchase their health insurance in the private market. According to a recent report by the Urban Institute Health Policy Center, four major and interrelated reasons are the significant drivers of the persistent rise in health care costs in excess of economic growth. The first is over-insurance due to the favorable tax treatment of employer-sponsored insurance to which approximately fifty-eight percent of non-elderly Americans have access. The second is the development and dispersion of medical technology. \u27 The third reason is the increasing prevalence of chronic disease, which tends to be very expensive to treat and consumes a large share of health care costs. The fourth is the consolidation and market power of health care providers and insurers. As will be discussed, the Patient Protection and Affordable Care Act ( ACA ), enacted in March 2010 but not fully implemented until 2014, addresses some of these issues and attempts to mitigate their effects, but does so incompletely. According to many health policy experts, the ACA is limited in its efforts to contain health care spending, and either does not address certain issues at all or does so insufficiently