Albany law review最新文献

{"title":"BRIDGING THE GAP BETWEEN THE “HAVE” AND THE “HAVE-NOTS”: THE ACA PROHIBITS INSURANCE COVERAGE DISCRIMINATION BASED UPON INFERTILITY STATUS.","authors":"Marissa A Mastroianni","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"79 1","pages":"151-81"},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34397563","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":"#JOINTHEDISSENT: RUTH BADER GINSBURG AND THE HOBBY LOBBY EFFECT.","authors":"Lauren R Eversley","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"79 1","pages":"269-95"},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34397564","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":"Identity and Narrative: Turning Oppression Into Client Empowerment in Social Security Disability Cases.","authors":"JoNel Newman","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"79 2","pages":"373-402"},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"36298777","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":"Are Franchisees Well-Informed? Revisiting the Debate Over Franchise Relationship Laws","authors":"R. W. Emerson, Uri Benoliel","doi":"10.2139/ssrn.1985718","DOIUrl":"https://doi.org/10.2139/ssrn.1985718","url":null,"abstract":"The most vital debate in the field of franchise contract law over the last few decades has focused on the following issue: Whether the law should protect franchisees against franchisor opportunism. Franchisor advocates suggest that franchisee protection laws, commonly known as \"franchise relationship laws,\" are undesirable. Their opposition to such laws is based primarily on an assumption that franchisees consider all relevant information before signing a franchise contract and make a well-informed choice among the range of franchise alternatives available. In particular, prior to signing the contract, franchisees are assumed to have read the franchise disclosure documents made available to them, compare the various contracts and disclosure documents offered by different franchisors, and consult with a specialized franchise attorney regarding the terms of the franchise contract. Since franchisees consider all of the relevant information and make a well-informed decision, they do not deserve, according to franchisor advocates, any special legislative protection that would interfere with the franchisor-franchisee free-market relationship. Based on a significant body of existing empirical research, which has thus far been overlooked in the debate over franchise relationship laws, this article will argue that the assumption that franchisees consider all relevant information before signing a franchise contract and make a well-informed choice is questionable. Briefly summarized, the argument presented in this article is as follows: New franchisees that join a franchise network normally lack prior business ownership experience. This lack of experience presents significant cognitive obstacles for novice franchisees when attempting to consider all of the relevant information before acquiring ownership of a franchise unit. Such cognitive obstacles — contrary to the franchisor advocates‘ view — often lead franchisees to ignore franchise disclosure documents, avoid conducting a comparison between various franchise contracts and disclosure documents, and neglect to consult with a specialized franchise attorney prior to signing the franchise contract. Given this reality, theoreticians and legislators interested in creating franchise laws that protect novice franchisees from possible opportunism by franchisors must cast doubt on the assumption that franchisees are well-informed business people and incorporate into their analyses a more representative conception of franchisee characteristics.","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"76 1","pages":"193"},"PeriodicalIF":0.0,"publicationDate":"2015-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67831196","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":"Using Social Norms as a Substitute for Law","authors":"Bryan H. Druzin","doi":"10.2139/SSRN.2600012","DOIUrl":"https://doi.org/10.2139/SSRN.2600012","url":null,"abstract":"This paper follows the law and norms literature in arguing that policymakers can use social norms to support or even replace regulation. Key to the approach offered here is the idea — borrowed from the folk theorem in game theory — that cooperative order can arise in circumstances where parties repeatedly interact. This paper proposes that repeated interaction between the same agents, specifically the intensity of it, may be used as a yardstick with which to gauge the potential to scale back regulation and use social norms as a substitute for law. Where there are very high levels of repeated interaction between people, policymakers can reduce regulation and then evaluate the emergent social order on a case by case basis. The contribution of the paper to the law and norms literature is that it proposes a practical technique to pinpoint the precise areas of social discourse where the possibility of using social norms as a substitute for law is most feasible and perhaps even more crucially — it highlights precisely where it is not.","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68218379","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":"Identity and Narrative: Turning Oppression Into Client Empowerment in Social Security Disability Cases.","authors":"JoNel Newman","doi":"10.2139/SSRN.2584074","DOIUrl":"https://doi.org/10.2139/SSRN.2584074","url":null,"abstract":"Current disability law and practice is disabling. In order to avail themselves of rights or benefits, individuals with disabilities embrace a universalist identity, or meta-narrative, of incompetence, powerlessness, inferiority and dependency. Despite decades of criticism of the underlying ethos of U. S. disability entitlement programs and a disability rights movement that culminated in the passage of the Americans with Disabilities Act (“ADA”) in 1990, people with disabilities in the United States are overwhelmingly poor, and poverty among people with disabilities is worse in the United States than elsewhere in the developed world. Far from the shift anticipated by some in the disability rights movement from welfare or Social Security Disability Insurance (“SSDI”) rolls to employment after the ADA was enacted, more people with disabilities now receive SSI and SSDI, and the employment rolls have not increased for the disabled. Social Security Disability Insurance and Supplemental Security Income (“SSI”) are presently the largest source of income to persons with disabilities in the United States, and more individuals rely on these federally administered benefits every day. Individuals with disabilities who seek to enforce laws ostensibly intended to benefit them are oppressed first by the laws’ utilization of a disabling master narrative and second by their own adoption of a particular, individualized narrative (often urged by their advocate) that is even more disabling. This paper will explore the varying identities foisted on individuals with disabilities in the context of the Social Security Administration, beginning with a review of the disabling meta-narrative that infuses Social Security proceedings. I argue that much of the disabling nature of this practice can be traced to the anti-discrimination, equity and civil rights rhetoric of the disability rights movement in the last century, its failure to incorporate the most vulnerable and impoverished, and its failure to create and build a constituency through identity politics.The paper will then trace how legal institutions, including courts and federal agencies, have largely rejected the civil rights construct of disability as one that “views society, rather than the individual with a disability, as defective.” This construct urges that “disability” is a result of the dynamic between an individual and “social standards created by an ableist society.” The focus, in this construct, is not on the individual or her disability, but rather on the social environment, and on changing the environment to accommodate the individual. Instead of adopting this construction of disability, legal institutions continue to utilize the medical model of disability that situates the disability in the individual, as something either to be fixed or to be the object of charity. As a result, most legal practitioners present cases that conform to these disabling legal standards without questioning the frame of those s","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"79 2 1","pages":"373-402"},"PeriodicalIF":0.0,"publicationDate":"2015-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.2584074","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68212899","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":"DEATH, BUT IS IT MURDER? THE ROLE OF STEREOTYPES AND CULTURAL PERCEPTIONS IN THE WRONGFUL CONVICTIONS OF WOMEN.","authors":"Andrea L Lewis, Sara L Sommervold","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"78 3","pages":"1035-58"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"33964721","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":"GENDER ROLE OF INCONGRUENCE AND THE ADJUDICATION OF CRIMINAL RESPONSIBILITY.","authors":"Bonita M Veysey","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"78 3","pages":"1087-107"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"33964722","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":"RUNNING MOM AND POP BUSINESSES BY THE GOOD BOOK: THE SCOPE OF RELIGIOUS RIGHTS OF BUSINESS OWNERS.","authors":"Loren F Selznick","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"78 4","pages":"1353-92"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34397125","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":"Drug diversion administrative revocation and application hearings for medical and pharmacy practitioners: a primer for navigating murky, drug-infested waters.","authors":"John J Mulrooney, Andrew J Hull","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"78 2","pages":"101-64"},"PeriodicalIF":0.0,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"32759464","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}