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A service of Widener University School of Law: John Culhane, Robert Justin Lipkin, Christopher Robinette, Benjamin Barros, Thaddeus Pope, Tonya M. Evans, Dean Linda Ammons , Andy Fichter
John Culhane: WordInEdgewise.org
The Outfield Door - Sat, 07 Nov 2009
Someday, the New York Yankees will make a call to the bullpen in their hour of greatest need, and he won’t be there.
But that day still seems a long way off. For now, whenever that outfield door opens, Mariano Rivera — by consensus, the greatest relief pitcher who has ever lived — runs to the [...]
What are they Celebrating? - Sat, 07 Nov 2009
I was struck by this photo:
Here we see ebullient supports of anti-gay discrimination beaming with delight at having set back marriage equality in Maine. Now, I too get euphoric over victory. You work so hard, you win, you’re happy. I’ve been known to crow over a win at Yatzhee! But what, exactly, are they [...]
Reading the Maine Marriage Equality Setback - Wed, 04 Nov 2009
Let’s face it; this loss in Maine is tough to swallow. Here’s a comment from a despondent reader:
I know after some rest I’ll even out and get back to the business of living, but right now I feel very done with the ballot box, and donating, and phone-banking, and talking myself blue in the face, [...]
Victory in Maine Would be Monumental, However Close the Vote - Wed, 04 Nov 2009
Andrew Sullivan is wrong in saying:
“I should say this about Maine. Whoever wins this vote will do so by the slimmest of margins. I don’t think it therefore represents much of a victory for either the pro-gay or anti-gay forces. It represents an essential 50-50 split. Maybe the coming results will alter that. But all [...]
A Few Thoughts As We Await Decisions in Maine and Washington - Wed, 04 Nov 2009
(Some thoughts are flying around up here, and I want to get them down and disseminated quickly. So this post will be link-free, at least in its first version.)
Within the hour, we might know whether Maine voters have decided to let the marriage equality bill enacted last summer stand. Update: It appears that this will [...]
Robert Justin Lipkin, Founder: Essentially Contested America
The Public Option - Wed, 30 Sep 2009
The public option took a shot to the kidney yesterday. The punch was hard and it was not fair, but it is just a part of the game. The public option may be getting a standing eight-count in boxing parlance, but it should not be counted out. In the next several weeks, the pressure will [...]
Health Care and Dog Care - Thu, 24 Sep 2009
This week, I have ahad a taste of what it might be like not to have health insurance for members of my family. Fortunately, my experience did not involve uninsured children, but instead an uninsured dog. My puppy, Owen, just turned 6 months old and he does not have health insurance. Being [...]
Obama and Paterson - Wed, 23 Sep 2009
This week, news circulated suggesting that President Barack Obama sent emissaries to attempt to convinced New York Governor David Paterson to exit the 2010 New York gubernatorial race. I have heard some argue that the president’s attempt is anti-democratic and that the voters of New York should decide who their governor will be. Of course, [...]
Is the United States Any Longer Governable? Was It Ever Governable? - Fri, 18 Sep 2009
This may be an overly saturnine observation, but it seems that the United States is no longer governable–if by “governable” one means implementing the positions that win elections. The current Health Care Reform crisis is one of many such examples, but there are others also. Indeed, it’s a good test case. If we get [...]
The Power of Money - Thu, 17 Sep 2009
Last week, the Supreme Court heard the oral argument Citizens United v. FEC, which could become a landmark First Amendment case. At issue is the constitutionality of the FEC’s ban of anti-Hillary documentary sponsored by corporate funds. The Court could decide the issue narrowly, on the grounds that this particular commercial speech was [...]
Dean Linda Ammons
Bring your game face, former Delaware governor says - Fri, 06 Nov 2009
[this originally appeared on our Law School Site] Law students looking for advice about leadership were given a lot to think about when former Delaware Gov. Ruth Ann Minner visited the Delaware campus recently for an informal talk in the student lounge.
Minner, who was widowed at 32 with three young children and only a 10th-grade [...]
LeaNora Ruffin Receives the 2009 ACE Network OWHE Leadership Award - Tue, 03 Nov 2009
Earlier this year, I nominated LeaNora Ruffin, Assistant Dean of our Career Development Office for the 2009 Office of Women in Higher Education, Delaware Network, Leadership Award. At the Annual Fall Dinner and Awards Ceremony held in Dover at Wilmington University, LeaNora was honored with this prestigious award. Co-workers and family attended this event. The [...]
Celebrating the ABA’s Pro Bono National Celebration in Delaware with a 5k Run/Walk - Tue, 03 Nov 2009
This past Sunday, November 1, I had the privilege of addressing a crowd of dedicated Delaware Volunteer Legal Services (DVLS) supporters as they prepared to race. These dedicated souls braved gray, rainy skies for the inaugural 5k Run/Walk on a beautiful course that began at Rockford Park. Widener Law alumns, faculty and friends of the [...]
Robert Justin Lipkin, Contributor: Ratio Juris
Utopian Thought & Imagination: An Introduction
Natural Law: An Introduction—Part 3
Natural Law: An Introduction—Part 2
Natural Law: An Introduction—Part 1
Virtue Ethics: An Introduction—Part 3
Andy Fichter: Health Law Pulse
Repeal McCarran-Ferguson? - Wed, 28 Oct 2009
As you may recall, on the eve of the approval in concept of the America’s Healthy Future Act by the Senate Finance Committee on October 13, PricewaterhouseCoopers released a study funded by America’s Health Insurance Plans that suggested the net effect of the Senate bill would likely be a dramatic increase in insurance premiums. In [...]
Strange Bedfellows - Tue, 20 Oct 2009
NPR reports yesterday and today that the Obama administration will not prosecute medical marijuana uses that are compliant with state laws. It is one of a number of instances where the healthcare policy debate has created strange bedfellows. Conservatives accustomed to arguing for states’ rights were forced to align themselves with federal policy against medical [...]
The Public Health Peril in Oklahoma’s Anti-Abortion Obsession - Mon, 19 Oct 2009
By John Culhane (also available on his blog, WordInEdgeWise):
Nan Hunter has just run a good summary of recent legislation in Oklahoma that, taken as a whole, is designed to prevent women from having abortions altogether. The state’s determination shows that, Roe v. Wade not to the contrary, there’s plenty that states can do to restrict [...]
Health care reform: nonprofit hospitals’ “charity care” surgically removed - Mon, 19 Oct 2009
By Nicholas A. Mirkay, III
In our September 2008 Forum newsletter , we discussed the “The Return of ‘Charity Care,’” and the evolving debate over the amount of uncompensated services and other measurable community benefit (collectively referred to as “charity care”) that nonprofit hospitals should provide to maintain their charitable tax exemption. As recent as [...]
States Public Plan Opt-Out Option? - Mon, 12 Oct 2009
Further to my comment last week about the deference to states contained in Senate proposals, note that Senators Schumer (NY) and Carper (DE) have proposed a state-by-state opt-out option that has serious potential for reviving the public plan option.
The Huffington Post reports: “In private, aides on Capitol Hill say that the opt-out option remains [...]
Christopher Robinette: TortsProf Blog
Judge Requests Mass Tort Status for New Jersey Birth Control Suits
New Jersey Judge Donald Volkert Jr. has requested mass tort status for the products liability suits involving the birth control pills Yaz, Yasmin and Ocella. In his request to the Administrative Director of the Courts, Judge Volkert noted the large...
Personal Injury Roundup No. 57 (11/6/09)
Reform, Legislation, Policy San Franciso City Attorney does FDA's job? Kellogg's withdraws "immunity banner" from sugary cereals following letter demand from City Attorney. (TortsProf, The Atlantic). Senators Graham and Chambliss propose "loser pays" rule. (Torts Prof, Atlanta Journal Constitution, Pop...
Monday's Guest Blogger: John C.P. Goldberg
John Goldberg is Professor of Law at the Harvard Law School. From 1995 until 2008, he was a faculty member of Vanderbilt Law School, where he served as Associate Dean for Research (2006-08). Professor Goldberg is an author of a...
Senators Graham & Chambliss Introduce "Loser Pays" Legislation
United States Senators Lindsey Graham (R-SC) and Saxby Chambliss (R-GA) introduced legislation on Monday that would require the loser to pay the winner in some medical malpractice suits. The Fair Resolution of Medical Liability Disputes Act of 2009 would require...
A European Symposium on Guido Calabresi
Larry Solum at Legal Theory Blog is reporting about a symposium dedicated to the work of Guido Calabresi. Here are the papers: Roger van den Bergh (Erasmus University Rotterdam (EUR) - Erasmus School of Law), Introduction: The Impact of Guido...
Benjamin Barros, PropertyProf Blog
Akee on Property Institutions and Efficiency in Housing Markets
The May issue of the Journal of Law and Economics has an article by Randall Akee (Tufts University) titled Checkerboards and Coase: The Effect of Property Institutions on Efficiency in Housing Markets (free download for subscribers only). Here's the abstract:...
Property Visitors Wanted
The University of San Francisco and Gonzaga are both seeking property visitors for parts of the 2010-11 school year. Here's the info: USF: The University of San Francisco School of Law is seeking a visitor to teach Property and Trusts...
Salkin on Land Use Ethics
Patricia Salkin (Albany) has posted 2009 Ethical Considerations in Land Use on SSRN. Here's the abstract: This article is one in a series of annual updates on reported cases and opinions in the area of ethics and land use regulation,...
Thaddeus Pope
Baby Z -- Long Shot Is Successful
National Health Law Moot Court Competition - EMTALA to SCOTUS
Baby RB -- Suffering Perhaps, but Pleasure Too
Tonya M. Evans
Entertainment Law Course this Friday!
Widener Law News
Delaware County Alumni Chapter CLE Luncheon – November 4, 2009 - Fri, 06 Nov 2009
Delaware County Alumni Chapter CLE Luncheon – November 4, 2009
Delaware Supreme Court Hears Oral Arguments in Ruby R. Vale Moot Courtroom - Fri, 06 Nov 2009
Delaware Supreme Court Hears Oral Arguments in Ruby R. Vale Moot Courtroom
“Judges Day” connects Widener Law with regional jurists - Fri, 06 Nov 2009
“Judges Day” connects Widener Law with regional jurists
Members of the Pearce Family Visit Widener Law - Fri, 06 Nov 2009
Members of the Pearce Family Visit Widener Law