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Academic Freedom and Its Defenders

M. W. Friedlander
Article

When the Hazard Is Human: Irrationality, Inequity, and Unintended Consequences in Federal Regulation of Contagion

Paula E. Berg
This Article will take a critical look at OSHA and the CDC, which together constitute the federal system responsible for prospective regulation of the risk of contagion in institutional settings. In particular, this Article will argue that OSHA’s recent inclusion in this regulatory system is highly problematic given the uneasy fit between the substantive and procedural provisions of the Act, geared as they are toward regulating hazardous things, and the…
Article

Mission and Markets in Health Care: Protecting Essential Community Providers for the Poor

John V. Jacobi
Should government protect mission-driven providers in the shift to Medicaid managed care? In part, the answer to this question turns on the statutory purposes of Medicaid as both a vehicle for providing an opportunity for the poor to enter the medical mainstream, and as a program to provide medical care in a setting that includes a wide variety of culturally appropriate social services. The answer also turns in part on…
Article

Simplifying the Choice of Forum: A Response to Professor Clermont and Professor Eisenberg

David E. Steinberg
Every now and again, an article appears that provides new insights into a familiar topic. The recent Cornell Law Review article by Professor Kevin M. Clermont and Professor Theodore Eisenberg, Exorcising the Evil of Forum-Shopping, is such a rare article. In defending current transfer practice under section 1404(a) of the Federal Judiciary Code, Professor Clermont and Professor Eisenberg present a wealth of empirical data. Their findings provide valuable information not…
Article

Simplifying the Choice of Forum: A Reply

Kevin M. Clermont and Theodore Eisenberg
Professor Steinberg’s first two arguments attack our benefit analysis, as he contends that we failed to show any real drop in plaintiffs’ win rate upon transfer and that, even if we did succeed, we have no reason to suspect that the change is in the direction of accuracy. His third argument goes to our cost analysis, as he contends that the expense of handling transfer motions is exorbitant. Professor Steinberg’s…
Conference Proceeding

Rethinking Equality in the Global Society

Joshua Aronson, John Bowen, Clark D. Cunningham, Virginia Dominguez, John J. Donohue, Garrett Duncan, Dorsey D. Ellis Jr., Marc Galanter, Karthigasen Govender, Lani Guinier, Pauline T. Kim, Jack Knight, Linda Krieger, N.R. Madhava Menon, David B. Oppenheimer, Sunita Parikh, Aaron Porter, Karen Porter, B.P. Jeevan Reddy, M. N. Srinivas, Pansy Tlakula, Karen Tokarz and Gerald Torres
The future of affirmative action, especially in the area of American higher education, has been called into question by the 1996 decision of the U.S. Court of Appeals for the Fifth Circuit in Hopwood v. State of Texas, requiring race-blind admission to state universities in Texas, and the passage of Proposition 209 in California. The seemingly endless American debate on this issue almost entirely has ignored the fact that other…