Articles

A Matter of Life and Death- Why the ADA Permits Mandatory Periodic Medical Examinations of

I. Introduction. I. The EEOC's Interpretation . Medical Examinations Under the ADA . Medical Examinations of Employees-The EEOC's View II. A Better Approach. Legitimate Business Purpose Standard. Periodic Medical Examinations of Remote- Location Employees. Creating the Remote-Location Exception Through Case Law. Taking Adverse Employment Action. V. Paternalism and Economic Efficiency. Reasoned Paternalism in the Name of Safety is not a Vice. The Efficiency of Periodic Medical Examinatio...

Child Visitation and Performance: The Evidence

I. Introduction . II. Brinig's Empirical Methodology . III. Brinig's Empirical Results . IV. Correlations Between Visitation Arrangements and Child Support Payments . V. Some Conclusions .

Current Challenges to the Federal Judiciary

Introduction. I. Political Challenges .A. Governance and Financing of the Judiciary. B. Attacks on the Judiciary. C. The Appointment Process. II. Structural Changes . A. Changes in the District Courts. B. Changes in the Appellate Courts .Conclusion .

The Existing Indian Family Exception to the Indian Child Welfare Act: The States' Attempt to Slaughter Tribal Interests in Indian Children

Introduction . I. Enactment of the ICWA . A. Historical Background. B. Congressional Intent . 1. Congressional Findings. 2. Congressional Declaration of Policy. II. The Indian Child Welfare Act. A. Definitions . 1. Who is an Indian?. 2. Who is an Indian Child? . 3. What is an Indian Tribe? . B. When Does the Act Apply?. C. Who Has Jurisdiction?. III. "Existing Indian Family" Exception . A. Introduction. B. Definition . IV. Application of the "Existing Indian Family" Exception-California as...

Comments

Developing Biobanking Policy with an Oliver Twist: Addressing the Needs of Orphan and Neglected Diseases

Introduction. I. Biobanking Efforts Domestically and Abroad II. An Embarrassment of Riches: Feast and Famine in the Global Health Trade. A. "One Pill Makes You Larger and One Pill Makes You Small:" Abandoning Neglected Diseases and Developing Lifestyle Drugs to Satisfy the Whims of the Market. B. "Please Sir, I Want Some More:" The Orphan Drug Act-A Not-Quite-Perfect Solution to Address the Famine 1. The Orphan Drug Act in the United States. 2. Orphan Drug Acts Internationally. III. Init...

Reformation of 527 Organizations: Closing the Soft Money Loophole Created by the Bipartisan Campaign Reform Act of 2002

I. Introduction. II. The History of Campaign Finance Law . A. In the Beginning: Early Campaign Finance Law B. The Enactment of the Federal Election Campaign Act C. The 1974 FECA Amendments D. Modern Campaign Finance Law 1. Buckley v. Valeo. 2. The Bipartisan Campaign Reform Act of 2002. 3. McConnell v. Federal Election Commission.. 4. The Failures of FECA and BCRA: Ushering in A New Era of Soft Money. III. Putting it all Together: Problems Associated with 527s and Congress' Power ...

W. Bowers for their invaluable guidance and assistance in writing this comment. The author would also like to thank her family members and friends for the continuous support they provided, especially her husband Jeremiah. Tax Increment Financing: Louisiana Goes Fishing for New Business

I. Introduction II. Tax Increment Financing A. How It Works B. How It Developed C. How It Works in Louisiana 1. Ad Valorem Taxes 2. Sales and Hotel Occupancy Taxes 3. Other Rules 4. Jurisprudence III. Denham Springs Economic Development District v. All Taxpayers IV. Constitutional Questions A. Loaning, Pledging and Donating 1. Pledging the Credit of the State 2. Leasing the Property of the State 3. Donating the Property of the State i. General Rule ii. Exceptions to the Rule . Dedicate...

Notes

When Administrative Law Judges Rule the World: Wooley v. State Farm-Does a Denial of Agency- Initiated Judicial Review of ALJ Final Orders Violate the Constitutional Doctrine of Separation of Powers?

I. The Origins and Trends of Modern Administrative Law.A. The Origins and Development of the Traditional Administrative Procedure Act . B. Three Different Models of Administrative Adjudication C. The Trend Toward Central Panels. II. Louisiana's APA and the Wooley v. State Farm Conundrum.. A. Louisiana's APA . 1. Creation of Louisiana's Central Panel 2. Legislative Preclusion of Agency-Initiated Judicial Review B. The Wooley Conundrum . 1. The Facts and Procedural History in Brown and in Wool...