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Fraud in the Pandemic: How COVID-19 Affects \u3cem\u3eQui Tam\u3c/em\u3e Whistleblowers and The False Claims Act
Full text linkHitting the Trip-Wire: When Does a Company Become a “Marijuana Business”?
Full text linkLike the alcohol industry was during Prohibition, the marijuana industry is a profitable one. And, as bootlegging was then, selling marijuana in the United States is currently illegal. Despite the number of states that have legalized or decriminalized the sale of marijuana for medical or recreational use under state law, marijuana sales remain illegal as a matter of federal law under the federal Controlled Substances Act of1970 ( CSA ). Individuals and entities that violate the CSA face substantial criminal and civil liability, including prison time and fines, alongside a host of additional negative consequences arising from business, tax, bankruptcy, and banking law, as well as other sources. The negative consequences that marijuana businesses face have been discussed in detail elsewhere. This Essay asks a different question: not what are the negative consequences, but rather, when do those negative consequences attach? In other words, when does a company become a Marijuana Business ?
For purposes of this discussion, a Marijuana Business is an entity that participates, contributes, or assists, directly or indirectly, in the retail and/or medical marijuana industry to an extent that exposes it, its owners, and its agents to potential criminal and civil liability and other negative business consequences. In short, these are the companies that should be worried about the fact that they are engaging in an industry that is illegal under federal law. To identify the circumstances that result in a company\u27s being a Marijuana Business, this Essay analyzes seven hypothetical companies that directly participate in the marijuana industry or support others that do. For each, the Essay asks whether the facts are sufficient to establish criminal liability either directly under the CSA or indirectly under criminal conspiracy or aiding and abetting liability theories
Can You Hear Me?: How Implicit Bias Creates a Disparate Impact in Maternal Healthcare for Black Women
Full text linkBlack women die from childbirth at a disproportionately higher rate than white women. Despite knowing about this issue for years, medical professionals cannot attribute this disparity to a physical condition. Multiple studies show physicians’ implicit biases lead to poor patient care. Overall, Black women consistently report feeling silenced by their treating physicians—a feeling that has persisted since slavery. Stereotypes about Black women cloud physicians’ ability to provide adequate care. For those with Medicaid, the problems are even greater. Unfortunately for Black women and their families, creating a successful medical malpractice or wrongful death claim is nearly impossible. This is because Black women cannot overcome the reasonable person standard set by the medical profession. Thus, to ensure Black women are afforded the same right as other women—a healthy birthing experience—another remedy is necessary. This Comment explores those potential remedies
Newtrality : A Contemporary Alternative to Race-Neutral Pedagogy
Full text linkThis Article presents the findings of an interdisciplinary search for an alternative to race-neutral pedagogy. Ultimately, “Motivated Awareness” and “Inclusive Integrity” can build capacity for advancements in human understanding of the social sciences and inspire reconsideration of race-neutral standards which impede meaningful judicial review. Using Washington v. Davis as a timestamp, this Article outlines the pervasive nature of sanctioned systemic racism at the hands of the discriminatory intent doctrine and articulates a tangible strategy for examining an interdisciplinary system of equity through “Motivated Awareness” and “Inclusive Integrity.
