Indiana University Robert H. McKinney School of Law Legal Studies Research Paper Series最新文献

{"title":"Economic Inequality and College Admissions Policies","authors":"D. Orentlicher","doi":"10.2139/ssrn.2642533","DOIUrl":"https://doi.org/10.2139/ssrn.2642533","url":null,"abstract":"As economic inequality in the United States has reached unprecedented heights, reformers have focused considerable attention on changes in the law that would provide for greater equality in wealth among Americans. Much benefit would result from more equitable tax policies, fairer workplace regulation, and more generous spending policies.But there may be even more to gain by revising college admissions policies. Admissions policies at the Ivy League and other elite American colleges do much to exacerbate the problem of economic inequality. Accordingly, reforms of those policies may represent the most effective strategy for restoring a reasonable degree of economic equality in the United States.The need to address economic inequality should provide sufficient reason for selective universities to revise their admissions policies. But they also may not have any choice in the matter. The U.S. Supreme Court will be reconsidering its doctrine on affirmative action in its upcoming Term and may well conclude that college admissions offices -- public or private -- may no longer take an applicant’s race or ethnicity into account when making their admissions’ decisions.Fortunately, there is an important alternative to traditional admissions policies for elite universities to consider -- top class rank policies. Indeed, some public universities already have adopted top class rank policies in lieu of affirmative action to promote student body diversity. While the impact on student diversity is a key feature of top rank policies, this article focuses on another critical benefit of the policies -- their ability to turn elite universities from institutions that exacerbate economic inequality into institutions that foster economic equality.","PeriodicalId":141658,"journal":{"name":"Indiana University Robert H. McKinney School of Law Legal Studies Research Paper Series","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122122534","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Magical Thinking of Food Labeling: The NLEA as a Failed Statute","authors":"Diana R. H. Winters","doi":"10.2139/SSRN.2394250","DOIUrl":"https://doi.org/10.2139/SSRN.2394250","url":null,"abstract":"This Article examines the failures of the Nutrition Labeling and Education Act of 1990 (NLEA) and argues for its partial repeal. The NLEA was intended to improve the quality of information available to consumers about the food they bought and ate, but it is ineffective and inefficient. At the time of the Act’s passage, awareness of the association between diet and health was increasing, and clear and accurate information about food was seen as a critical but simple way to provide people the opportunity to improve their health through nutrition. The information available to consumers, however, is confusing and opaque — even when presented in a manner compliant with the NLEA. The Act has two parts. First, it mandates disclosure of certain nutrition facts. These include the “Nutrition Facts” box that consumers have become used to seeing on packaged food. Second, it regulates claims made about how nutrients in the food affect human health (called “health claims,” and “nutrient content claims”) to ensure that such claims are based on scientific information. While the first part has succeeded in providing consumers with the mandated information, the second part has failed. Health claims on food are no more trustworthy than they were before the NLEA was passed, and may actually be less so. Indeed, health outcomes directly related to nutrition have worsened dramatically since 1990. While one of the goals of the NLEA was to foster uniformity in food labeling regulation, the amount of litigation regarding food labeling has increased, resulting in conflicting rulings regarding the continued vitality of state law in this arena. This confusion has diminished the valuable role that state law can, and was intended to play in this arena. Moreover, the regulatory strategy of mandated information disclosure is itself weak. Even if the statute were perfectly written, so as to ensure that only claims supported by the best and most current scientific information were available to consumers, it is not certain whether the provision of clear and accurate nutritional information to consumers would actually be a factor in improving health. The Article advocates for the repeal of the health and nutrient content claim provisions of the NLEA. True policy improvement in the food-labeling scheme will not come about through incremental improvements to the NLEA’s health and nutrient content claims provisions. This problem should be dealt with by the states.","PeriodicalId":141658,"journal":{"name":"Indiana University Robert H. McKinney School of Law Legal Studies Research Paper Series","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121421755","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Au Revoir, Will Contests: Comparative Lessons for Preventing Will Contests","authors":"Margaret Ryznar, A. Devaux","doi":"10.2139/SSRN.2230248","DOIUrl":"https://doi.org/10.2139/SSRN.2230248","url":null,"abstract":"American probate law has not yet managed to prevent will contests and not every will executed will be ultimately upheld. The most common grounds for will contests are undue influence, testamentary capacity, and fraud. These will contests have significant costs, which include failing to give effect to testator’s intent and high litigation and decision costs. In fact, the most significant challenge that exists in American probate law today is the frequent inability to honor testamentary intent due to will contests brought by disgruntled relatives. On the other hand, a legal system that has nearly eliminated will contests on the grounds of undue influence and fraud is in France. This Article seeks to extract lessons from the French probate system to minimize will contests in the United States.","PeriodicalId":141658,"journal":{"name":"Indiana University Robert H. McKinney School of Law Legal Studies Research Paper Series","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132393975","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Concussion and Football: Failures to Respond by the NFL and the Medical Profession","authors":"D. Orentlicher, W. David","doi":"10.25148/LAWREV.8.1.6","DOIUrl":"https://doi.org/10.25148/LAWREV.8.1.6","url":null,"abstract":"The National Football League (NFL) has come under sharp criticism for its approach to the problem of concussion, and many former players have filed a lawsuit against the league.In reviewing the response of NFL to concussion, one can easily think that the league was too slow to worry about the medical consequences of head trauma. Despite concerns being raised for many years about the risk to player health, it took until December 2009 for the NFL to advise its teams that players should not return to play or practice on the same day that they suffer a concussion.But the NFL was not alone in viewing concussion as a relatively mild problem. Physicians also did not worry very much about the medical consequences of concussions. For decades, neurologic experts disagreed as to whether concussions could cause permanent injury, with many attributing patient symptoms to psychological issues or to the incentives created by compensation programs for people with disabling conditions.While the NFL may have responded slowly to problems from concussion, the extent to which its response was unreasonable is unclear. If many medical experts did not worry about concussions, it is difficult to fault the NFL for not worrying either. Still, one can question the NFL’s failure to adopt concussion guidelines in the late 1990’s when they were being issued by medical experts.","PeriodicalId":141658,"journal":{"name":"Indiana University Robert H. McKinney School of Law Legal Studies Research Paper Series","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129613822","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Huey P. Long and the Guarantee Clause","authors":"Gerard N. Magliocca","doi":"10.31228/osf.io/s2y58","DOIUrl":"https://doi.org/10.31228/osf.io/s2y58","url":null,"abstract":"83 Tulane Law Review 1 (2008)","PeriodicalId":141658,"journal":{"name":"Indiana University Robert H. McKinney School of Law Legal Studies Research Paper Series","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125543646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}