Note: Recognizing Transgender, Intersex, and Nonbinary People in Healthcare Antidiscrimination Law
By Derek Waller. Full text here. Abstract: “Transgender people face frequent discrimination in healthcare by both providers and insurers. Insurers often deny them coverage for transition-related and routine “sex-specific” services. Even those who can access healthcare services struggle to find in-network physicians who will provide care in a way that respects their sexual and gender identity.…
Continue ReadingNote: Licensing Liability: Responding to Judicial Expansion of Antitrust Enforcement in North Carolina Dental
By Lesley E. Roe. Full text here. Abstract: “With the Supreme Court’s 2015 decision in North Carolina Dental v. FTC, the legal exposure of 1790 state occupational licensing boards expanded dramatically. In North Carolina Dental, the Supreme Court held that, under certain circumstances, state licensing boards are subject to the prohibitions of federal antitrust law. Licensing…
Continue ReadingNote: Late for an Appointment: Balancing Impartiality and Accountability in the IRS Office of Appeals
By David Hahn. Full text here. Abstract: “The Internal Revenue Service (“IRS”) Office of Appeals employs a cadre of individuals to preside over “collection due process” hearings. These hearings are meant to avoid litigation in the United States Tax Court by resolving disputes internally. “CDP officers” exercise significant authority and discretion over taxpayers’ cases, and…
Continue ReadingNote: I Get By with a Little Help from My 750-Dollar-Per-Tablet Friends: A Model Act for States to Prevent Dramatic Pharmaceutical Price Increases
Note: I Get By with a Little Help from My 750-Dollar-Per-Tablet Friends: A Model Act for States to Prevent Dramatic Pharmaceutical Price Increases By Alexander Walsdorf. Full Text Here. What can be done to prevent pharmaceutical companies from dramatically increasing the price of their drugs or other products? The past few years have seen multiple…
Continue ReadingNote: Mayo, Myriad, and a Muddled Analysis: Do Recent Changes to the Patentable Subject Matter Doctrine Threaten Patent Protections for Epigenetics-Based Inventions?
By Mike Sikora. Full text here In articulating the Mayo test for patentable subject matter under 35 U.S.C. § 101, the Supreme Court effectively replaced decades of judicial tests with a single streamlined analysis. Large-scale invalidations of software, business method, and communications patents swiftly followed, yet biotechnology patents have largely been spared. Even so, it may simply be…
Continue ReadingNote: Punishing the Pettifogger’s Practice: Applying the Sanction Power of 28 U.S.C. § 1927 to Law Firms
Note: Punishing the Pettifogger’s Practice: Applying the Sanction Power of 28 U.S.C. § 1927 to Law Firms By Joseph T. Janochoski. Full text here. The federal statute 28 U.S.C. § 1927 permits litigants to seek repayment of, and courts to sanction in the form of, “the excess costs, expenses, and attorneys’ fees reasonably incurred” as…
Continue ReadingNote: Left To Languish: The Importance of Expanding the Due Process Rights of Immigration Detainees
Note: Left To Languish: The Importance of Expanding the Due Process Rights of Immigration Detainees By Maisie A. Baldwin. Full text here. Modern immigration detention in the United States is nearly indistinguishable from criminal detention—and often, the same facilities are used to house immigration and criminal detainees side by side. Detainees in both systems may…
Continue ReadingReclaiming Reclamation: Rule Changes Proposed To Ensure Coal Companies Fund Mandatory Clean-Ups
By Taylor Mayhall. Full text here. More than fifty U.S. coal mining companies have gone bankrupt since 2012. When a coal mining company goes bankrupt, its ability to clean up, or reclaim, its mines becomes questionable, and the burden may end up falling on taxpayers. This Note addresses the struggle to hold U.S. coal mining…
Continue ReadingThe Most Integrated Setting: Olmstead, Fry, and Segregated Public Schools for Students with Disabilities
By Trevor Matthews. Full text here. Can school districts force students with disabilities to attend schools that segregate them from their peers without disabilities? Case law resulting from federal special education law, particularly the Individuals with Disabilities Education Act (IDEA), has generally indicated that the answer to this question is yes. In fact, in 2015, almost…
Continue ReadingSolving the Problem of Problem-Solving Justice: Rebalancing Federal Court Investment in Reentry and Pretrial Diversion Programs
By Devin T. Driscoll. Full text here. This Note explores the creation of so-called problem-solving courts, including state drug courts and federal reentry courts, as well as the future of this kind of reform within the federal criminal justice system. It traces the development of problem-solving courts, beginning first with state drug courts in the…
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