Cardozo Public Law, Policy and Ethics Journal

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• Tax And Economic Policy Responses To The Medicaid Long-Term Care Financing Crisis: A Behavioral Economics Approach

  Introduction I. Long-Term Care Financial Planning Through A Consumer Choice Lens A. The Traditional Model Of Rational Consumer Choice B. The Behavioral Economics Model Of Consumer Choice C. Long-Term Care Planning Under The Behavioral Economics Model 1. Unique Preferences in Long-Term Care Planning i Preference 1: Diminished Utility at the Mere Thought of Long-Term Care Needs ii. Preference 2: Maximized Utility by Underestimating One`s Future Need for Long-term Care iii. Preference 3: Diminished Utility at the Thought of Institutional Care; Maximized Utility at the Thought of Informal Care from Loved Ones 2. Unique Time Functions in Long-Term Care Planning i. Time Function 1: Long-term Care Planning as an Initial Proxy for Financial Interests, and as an Evolving Proxy for Emotional Interests ii. Time Function 2: The Tendency to Disproportionately Value Current Costs and Benefits Over Future Costs and Benefits iii. Time Function 3: The Problem of the "Future Incapacitated Self" as a "Non-Self" or an "Impossible Self" II. Tax And Economic Policy Responses To The Medicaid Crisis A. Government Initiatives to Discourage Reliance on Public Assistance for Long-Term Care: Medicaid Estate Recovery Programs B. Government Initiatives to Encourage Reliance on Private Payer Sources for Long-Term Care 1. Additional Personal Exemption for Caregivers 2. Long-Term Care Insurance Partnership Programs 3. Federal Income Tax Deductions for the Costs of Long-Term Care Insurance i. The Business Deduction for the Cost of Employer-Sponsored Long- Term Care Insurance Policies ii. The Current Individual Deduction iii. The Proposed Above-the-Line Deduction 4. State-Level Income Tax Incentives for the Purchase of Long-Term Care Insurance III. An Analysis Of Legislative Intent: The Perceived Benefit Of Long-Term Care Insurance IV. A Dynamic Model Of Long-Term Care Planning A. Choice 1: To Plan or Not to Plan B. Choice 2: Develop a Financial Plan, or Rely on Informal Care at Home C. Choice 3: Assuming the Consumer Does Not Prefer Informal, In- Home Care, How Costs and Benefits Should be Weighed When Developing a Financial Plan D. Choice 4: Once Costs and Benefits are Weighed, Assuming the Consumer Wishes to Provide for the Future Incapacitated Self, What to Include in the Long-Term Care Plan E. Choice 5: Whether to Maintain the Initial Plan V. Discussion: Tax And Economic Policy Implications Conclusion

• First Amendment Freedom Of Speech And Expression: Ninth Circuit Holds That California Penal Code Section 148.6 Violates The First Amendment In <I>Chaker V. Crogan</I>
• The Market-Participant Exception And The Dormant Foreign Commerce Clause

  I. The Market-Participant Exception: A Primer II. The Market-Participant Exception Applied To The Foreign Commerce Clause A. History B. Interference with Federal Foreign Relations Powers 1. The Framers` View 2. Congress`s Foreign Affairs Power 3. The President`s Foreign Relations Power C. Failures of the Traditional Market-Participant Justifications 1. Fairness 2. Federalism 3. Participation versus Regulation 4. Textualism 5. The Supremacy Clause and Institutional Concerns III. A Problem Of Consistency? IV. The Future Conclusion

• Forced Medication And The Need To Protect The Rights Of The Mentally Ill Criminal Defendant

  Introduction I. An Overview Of The Process II. Relevant Supreme Court Decisions III. Dangerousness And Its Prediction IV. The Constitutional Interests A. First Amendment Interests B. Sixth Amendment Interests C. Fifth and Fourteenth Amendment Interests V. The Need For Change A. The Definition of Danger B. Standards of Review C. Changing Societal Attitudes Conclusion

• Reading Is Fundamental: Why The No Child Left Behind Act Necessitates Recognition Of A Fundamental Right To Education

  Introduction I. Finding Fundamental Rights In The Constitution A. What Qualifies as a "Fundamental Right"? B. Education is a Fundamental Right C. Standard of Review II. San Antonio V. Rodriguez And Plyler V. Doe: A Critique Of Their Refusal To Find A Fundamental Right To Education A. San Antonio Independent School District v. Rodriguez B. Plyler v. Doe C. Rodriguez and Plyler Compared III. The Fundamental Right To Education In The States A. The States as "Laboratories" B. State Constitution Education Clauses 1. Broad Education Provisions 2. Explicit Education Provisions 3. State Court Education Clause Interpretations C. The "Adequate Education" Context IV. No Child Left Behind: The Federal Government`S New Foray Into Education And Accountability A. The No Child Left Behind Act B. A Fundamental Right to Education Rises from NCLB 1. The "Local Nature" Issue 2. Further Implication of the Fundamental Right Conclusion

• Sword or Shield? The Government's selective Use of its Declassification authority for Tactical Advantage in Criminal Prosecutions

  Introduction I. Cipa's History and Purposes II. The Asymmetrical Nature of the Government's Declassification Authority III. There Is no Basis for the Government's Selective Declassification of Fisa Intercepts, and the Practice Violates a Defendant's Fifth and Sixth Amendment Rights IV. The Courts' Recent Responses to the Inequities Created by the Government's Selective Exercise of its Declassification Authority V. Proposals for Reforming Cipa in Order to Eliminate the Government's Use of its Declassification Authority as a Sword to Gain Tactical Advantage over Defendants VI. Conclusion

• Secret Evidence in the Investigative Stage: Fisa, Administrative Subpoenas, and Privacy
• Beyond Article III Courts: Military Tribunals, Status Neview Tribunals, and Immigration Courts
• Panel Report: Issues in Article III Courts
• Panel Report: National Security Secrecy in the Courts: a Comparative Perspective from Israel and Ireland

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• The More Things Change the More They Stay the Same: Mr. Tutt and the Distrust of Lawyers in the Early Twentieth Century

  Introduction. I. Arthur Cheney Train and His Literary Progeny. II. Undermining the Shyster Bar: The Attack on Howe & Hummel. III. The Mythical Country Lawyer. IV. Ephraim Tutt: The Paradigmatic Country Lawyer. V. The Crux of the Ethical Dilemma: Public Confusion Between Myth and ...

• The Slow Erosion of the Adversary System: Article III Courts, Fisa, Cipa and Ethical Dilemmas

  Introduction I. Classified Information Procedures Act and Foreign Intelligence Surveillance Act in the Courts A. Fundamentals of the Adversarial System B. Classified Information Procedures Act C. Fundamental Ethical Conflicts for Diligent, Competent, Zealous Defense Counsel D. Foreign Intelligence...

• Whose Life Is It Anyway?

  Introduction I. Methodology II. Context of Debate A. A Review of Basic Concepts and Fundamental Arguments B. Why is Euthanasia Controversial? III. The "Right to Die" Debate A. The Facts B. The Meaning of Life C. The Problem with Professional Judgment D. Absolute Rule v. Variegated Circumstances E....

• Prescription Contraceptives and the Pharmacist's Right to Refuse: Examining the Efficacy of Conscience Laws

  Introduction I. The Pharmacist's Ethical Obligations II. Current Refusal Clauses III. Ramifications of a Pharmacist's Refusal and the Adequacy of Existing Legal Protections A. Employment Ramifications and Statutory Protections 1. Protections Available Under Title VII 2. Scope of Protections...

• Eyewitness Identification, Democratic Deliberation, and the Politics of Science

  Introduction. I. Deliberative Democracy. A. Defining Terms. B. Justifications. 1. Legitimacy. 2. Public-Spiritedness. 3. Peoplehood. 4. Public Scrutiny and Error Correction. C. Temporal Prerequisites. 1. Sluggishness. 2. Synthesis. 3. Sacredness. II. Law Enforcement and "Internal" Deliberations. A. ...

• Reforming the Child Welfare System
• Improving Eyewitness Identifications: Hennepin County's Blind Sequential Lineup Pilot Project

  I. Introduction. II. Legal Rationale and Review. III. Scientific Rationale and Review. A. National Institute of Justice Lineup Protocol. B. The Sequential Method of Lineup Presentation. C. Blind Lineup Administration. IV. Scientific Method. A. Sample. B. Reporting. C. Protocol and Training. V....

• The Unwitting Attorney, the Desperate Client, and the Perpetuation of the New York Power Play: A Proposal to Ban Voluntary Assignments of Legal Malpractice Claims Via New York General Obligations Law Section 13-101