Skip to content
Volume 109 – Issue 2

Note: 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 Reading

Note: 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 Reading

Note: 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 Reading

Note: 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 Reading

Note: 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

Note: Going Back in Time: The Search for Retroactive Rulemaking Power in Statutory Deadlines

By Chris Schmitter. Full text here. Congress regularly enacts complex laws that require administrative agencies to promulgate rules by specific deadlines. Yet, as agencies do the work of creating rules and, from time to time, miss statutory deadlines, a question remains as to whether an agency can promulgate a rule that is retroactive to the statutory…

Continue Reading

Note: Up or Out: Why “Sufficiently Reliable” Statistical Risk Assessment Is Appropriate at Sentencing and Inappropriate at Parole

By Pari McGarraugh. Full text here. Sentencing judges and parole release authorities are increasingly using statistical risk assessments to guide their decision-making. Risk assessment instruments rely on statistical research and modeling to predict an individual’s chance of recidivating based on information about the individual like age and number of prior arrests. These instruments are subject to…

Continue Reading

Note: First Amendment and the Right to Lie: Regulating Knowingly False Campaign Speech After United States v. Alvarez

By Staci Lieffring. Full text here. With the people relying more and more on political advertising to inform them about candidates and elections, it is imperative to try to stop or limit false speech about candidates and the election procedures. False speech undermines the integrity of elections. This has led some states to enact laws banning…

Continue Reading

Note: Stifled Justice: The Unauthorized Practice of Law and Internet Legal Resources

By Mathew Rotenberg. Full text here. Advances in computer technology are effectively commoditizing the law and revolutionizing the ways in which individuals seek and receive legal services. Internet Legal Providers (ILPs) present tremendous potential for increased access to legal services, which is vital to an increasing number of unrepresented litigants, as well as to combat shrinking…

Continue Reading