In its broadest sense, this Article examines the complex relationship between population booms, doctor shortages, and United States government financing of graduate medical education (GME). More specifically, this Article argues that current rules governing the calculation of Medicare payments to teaching hospitals for the costs of GME are based on cost, population, and other data […]
Statistical analyses play an important role in employment discrimination cases, as the Supreme Court has long recognized. Regression analysis can help a plaintiff establish a claim of discrimination under Title VII of the Civil Rights Act of 1964 by showing that, even when controlling for relevant characteristics, individuals of a certain class were treated differently than other employees or applicants. It […]
The O’Bannon decision is an important step forward for both college-athletes’ rights and sports law jurisprudence because it recognizes that NCAA rules limiting college-athlete pay may violate section 1 of the Sherman Antitrust Act. Nevertheless, the ruling’s impact is tempered by the iconoclastic nature of the court’s injunction, which limits the immediate potential for college-athlete compensation beyond a nominal amount. At […]
Currently, regulations try to limit unregistered sales of stock (private placements) to the “smart money,” either by informing investors through disclosure or excluding unsophisticated investors from the market. In theory, these smart-money approaches promote the dual goals of capital formation and investor protection. But in practice, regulators have struggled to craft effective disclosure or screening mechanisms. In light of these failures, this […]
Courts around the country enter pretrial confidentiality orders every day. Commentators and courts have long debated the impact of court confidentiality on public safety. This debate often centers on whether public harms flow from court orders that limit the audience for discovery information that those same courts order parties to produce. But an underexplored aspect of pretrial confidentiality is the cost […]
Presentation given at the 2014 Washington and Lee School of Law Lewis F. Powell, Jr. Distinguished Lecture Series by Judge Paul V. Niemeyer.