Articles

The New Biopolitics: Autonomy, Demography, and Nationhood

I. Introduction II. The New Biopolitics: Two Crises A. Sub-Replacement Fertility And Rising Dependency Ratios B. "Bare Branches" And Sex Asymmetry 1. The Growth Of The Bare Branches 2. The Consequences Of Sex Disproportion III. Demographic Crisis And Political Threat A. The Pattern Of Pro-Natalist Politics B. The Politics Of Pensions And Immigration C. Sex Disproportion And Politics IV. A Brief History Of Biopolitics A. Thomas Malthus And Demographic Pessimism B. The Vicissitudes Of H...

Off-Site Conditions and Disclosure Duties: Drawing the Line at the Property Line

I. Introduction A. The Duty To Disclose Defects B. The Problem Of Off-Site Conditions C. Summary Of Article II. Judicial Approaches To Disclosure Of Off-Site Conditions A. Off-Site Defects Treated The Same As On-Site Defects 1. Parameters Of The Common Law Disclosure Duty 2. Cases Where Courts Used The General Test And Required Disclosure Of Off-Site Conditions 3. Rationales Used By Courts Applying The General Test To Find No Duty To Disclose A Condition That Is Off-Site B. Judicial Ap...

Comments

Religious Groups and the Gay Rights Movement: Recognizing Common Ground

I. Introduction II. The Problem III. The Law A. Legal Barriers 1. The First Amendment 2. Federal Statutes 3. State-level "RFRAs" B. Momentum Against The Legal Barriers IV. The Attitudes A. Attitudinal Barriers B. Momentum Against Attitudinal Barriers C. Attitudes On Free Speech And Why They Matter V. The Solution A. The Value Of Conscience-Liberty As The Necessary And Common Foundation Of Adversaries B. Limits On Expression-Unintended Consequences VI. Conclusion

The Writing on the Wall: The Potential Liability of Mediators as Fiduciaries

I. Introduction II. Background A. Fiduciary Duty B. Mediation III. Current Trends Leading To The Likelihood Of Future Mediator Fiduciary Duty Claims IV. Extending Fiduciary Duties To Mediators V. Finding Predictability In Fiduciary Law: The Scharffs-Welch Framework VI. Applying The Scharffs-Welch Framework To Address Concerns Of Critics A. Fiduciary Law: Unwieldy Or Flexible? B. Lack Of Superiority C. Dual Obligations VII. Conclusion

Don t Ask, Don t Tell: HIPAA s Effect on Informal Discovery in Products Liability and Personal Injury Cases

I. Introduction II. HIPAA A. Authorizations B. Exceptions To The Authorization Requirement C. Ex Parte Interviews III. Ex Parte Interviews Of Physicians Under HIPAA A. Court Determinations Of Hipaa's Impact On Informal Discovery B. Policy Reasons Proffered For The Elimination Of Informal Discovery 1. The Physician-Patient Privilege 2. Arguments That Informal Discovery Can Harm Physicians 3. The Argument That Informal Discovery Harms The Civil Justice System 4. Claimed Benefits Of Info...