Note: That’s My Baby: Why the State’s Interest in Promoting Public Health Does Not Justify Residual Newborn Blood Spot Research Without Parental Consent
By Allison M. Whelan. Full text here. Ninety-eight percent of infants born in the United States undergo blood tests to screen for a variety of genetic conditions as part of mandatory state newborn screening programs. These “newborn blood spots” (NBS) are frequently stored by state health departments after the initial tests are complete. Recent lawsuits in…
Continue ReadingNote: Moving Past Preemption: Enhancing the Power of Local Governments over Hydraulic Fracturing
By Rachel A. Kitze. Full text here. Technological improvements to a drilling technique known as hydraulic fracturing have opened up access to a century’s supply of natural gas across the United States. The cities and towns that sit above these vast deposits, however, are increasingly concerned about the transformative effect of the fracking industry on their…
Continue ReadingNote: Challenging the Plausibility Standard Under the Rules Enabling Act
By Edwin W. Stockmeyer. Full text here. One consequence of the Supreme Court’s landmark decisions in Twombly and Iqbal is the reassessment of pleading standards occurring in state appellate courts. Most of these courts have rejected the new plausibility standard in favor of rules designed to allow more claims to proceed to discovery. Thus, although pleading…
Continue ReadingNote: If It’s in the Game, Is It in the Game?: Examining League-Wide Licensing Agreements After American Needle
By Talon Powers. Full text here. After the Supreme Court’s decision in American Needle, Inc. v. National Football League in 2010, the National Football League’s (NFL) ability to license league intellectual property as a collective whole has been called into question. If the caselaw that emerges from American Needle completely precludes the League from being treated…
Continue ReadingNote: Ensuring Equal Access: Rethinking Enforcement of Medicaid’s Equal Access Provision
By Anne M. Dwyer. Full text here. Challenged by explosive growth in Medicaid enrollment and devastating budget shortfalls, Medicaid provider payments have become a primary target of many state budget-cutting measures. This has left many of the sixty million Americans who rely on Medicaid without access to needed care. Traditionally, Medicaid beneficiaries and providers have relied…
Continue ReadingNote: New Solutions to the Age-Old Problem of Private-Sector Bribery
By Sarah Clark. Full text here. In its wake, commercial bribery leaves increased costs of business, decreased governmental standards and honesty, and a culture of corruption. To combat, and hopefully correct, the evils of corporate bribery, governments have enacted laws to prosecute those willing to pay bribes to garner unfair competitive advantages. Since 1977, the Foreign…
Continue ReadingIt’s the Reply, Not the Comment: Observations About the Bierschbach and Bibas Proposal
By Ronald F. Wright. Full text here. In this response piece, Ronald F. Wright considers Notice-and-Comment Sentencing by Richard A. Bierschbach and Stephanos Bibas, 97 Minn. L. Rev. 1 (2012).
Continue ReadingNote: Disrupting the Pickering Balance: First Amendment Protections for Teachers in the Digital Age
By Emily McNee. Full text here. Engaging in speech on Facebook has led teachers to be investigated, suspended, and even fired. The nature of online speech on social networking websites like Facebook presents novel concerns in First Amendment law. As Facebook and other forms of social media have become increasingly popular, teachers have been disciplined and…
Continue ReadingNote: Death by Arugula: How Soil Contamination Stunts Urban Agriculture, and What the Law Should Do About It
By Steven A. Platt. Full text here. More and more people are growing food in urban environments. The benefits of urban farming are well documented. The government sees increased economic activity, society enjoys new social and educational opportunities and blight reduction, and the individuals farming eat inexpensive, fresh, locally sourced food. However, cities have fostered and…
Continue ReadingNote: Healthy Compromise: Reconciling Wellness Program Financial Incentives with Health Reform
By Heather Baird. Full text here. Soaring health care expenditures coupled with plummeting insurance coverage suggest something is seriously wrong with the American health care system. One way that the ACA proposes to control health care costs is through support for employee wellness program initiatives. Wellness programs with financial incentives based upon health status risk create…
Continue Reading