• Constitutionality of the Health Care and Education Reconciliation Act of 2010 (“HCERA”).
• Tort and medical malpractice reform after the HCERA.
• Federalism and the HCERA.
• Economic issues and projections surrounding the HCERA.
• Tax policy surrounding health care reform and the HCERA.
• Comparison of international health care policies.
• Race and gender disparity in health care.

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Topics include:

• The Constitutionality of Health Care Reform
• Informed Consent and Tort Law
• Public Health
• Mental Health
• Pharmaceutical Regulation
• Implementation of Health Care Reform
• Emergencies
• Reproduction
• Clinics and Social Justice
• Insurance
• Vulnerable Populations
• Genomics, Genetics, and Personalized Medicine
• Medical Malpractice and Physician Behavior
• Special Concerns in Health Care Reform
• Medical Education
• White Collar Crime
• Innovative Teaching Methodologies
• Bioethics
• Health Records, Data, Technology & Privacy
• Research and Food and Drug Regulation
• Ethical and Legal Issues in Human-Machine Mergers

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Conference Description
In 1944, the U.S. Supreme Court, in United States v. South-Eastern Underwriters Association, held that the Commerce Clause authorized the federal government to regulate insurance companies. The next year, in direct response, Congress passed the McCarran-Ferguson Act, effectively shielding the business of insurance from federal antitrust regulation, except the regulation of boycott, coercion and intimidation, so long as state law regulates anticompetitive conduct. Shortly thereafter, a debate arose as to whether the federal antitrust law exemption should be repealed. With the recent flurry of federal reform of health care insurance markets, the current debate has centered on whether Congress should repeal the McCarran-Ferguson Act’s antitrust exemption for health care insurers. The one-day conference will bring together regulators, industry actors and academics working in the fields of business, law and economics to discuss the pros and cons of repealing the McCarran-Ferguson Act’s federal antitrust exemption for health care insurers.

For centuries the threat of piracy in international and territorial waters has prompted the development of laws to address piracy’s economic and human cost. The results can be seen everywhere from Congress’ Article I power to define and punish piracy to broader international efforts such as the United Nations Convention on the Law of the Sea. Despite these efforts, there have been hundreds of attacks off the Horn of Africa and throughout the South Pacific in this year alone. Are existing laws the most effective response available? Do the economic and social costs of piracy warrant stronger legal initiatives? The Law Review’s Symposium will provide a forum for academics and practitioners to discuss these and other issues. Papers should focus on a particular legal issue, including:

• International Treaties
• Related Legal History
• Jurisdiction Governing Detention and Prosecution
• Continuing Development of Maritime and Admiralty Law
• Eliminating the Economic Incentives for Piracy
• Best Practices of the Shipping Industry
• The Cost of Naval Responses
• Insurance & Risk

Please submit articles or abstracts for consideration to Michael Distefano at lawrev-symposium-editor [at] wcl.american.edu. Authors interested in publishing should contact the Law Review by October 1, 2009. Reasonable progress is expected throughout the winter months with final articles due by March 1, 2010.

Full articles as well as shorter essays (25 to 35 pages) are welcome. Papers should be in Microsoft Word format, 12-point font. Please include an Author biography or Curriculum Vitae. Articles should be properly supported and contain full Bluebook citations (18th ed.).
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As part of an effort to improve U.S. competitiveness in the global marketplace, the Department of the Treasury released its Blueprint for a Modernized Financial Regulatory Structure, in March 2008. The Blueprint is a proposed plan for improving the current U.S. regulatory structure governing financial institutions. The Blueprint contains short-term and intermediate recommendations aimed at immediately improving the “antiquated” U.S. regulatory structure. Additionally, the Blueprint contains a conceptual model for an optimal regulatory framework intended to promote rethinking of the current regulatory structure and encourage discussion concerning the long-term goals of U.S. financial regulatory reform.

The University of Memphis Law Review is pleased to announce its annual Spring Symposium to be held on Friday, February 20, 2009 at The University of Memphis in Memphis, Tennessee.  This symposium will explore the myriad legal issues surrounding the Department of the Treasury’s Blueprint for a Modernized Financial Regulatory Structure.

Although The University of Memphis Law Review invites articles on any subject related to the Blueprint’s proposed financial reform, suggested article topics include, but are not limited to, criticisms and analyses of the following:

• The short-term, intermediate and long-term (optimal) regulatory recommendations for the banking industry
• Optional federal chartering of insurance
• The Optimal Framework and the effectiveness of an “objectives-based regulatory approach”
• Federal level consumer protection

Presenters will be reimbursed for reasonable travel expenses to attend the Symposium and papers will be published in the symposium issue of The University of Memphis Law Review.  Although preference will be given to papers submitted by November 1, 2008, later submissions may be accepted on a case-by-case basis.  Submissions
may be sent via email attachment in Word format or via regular mail to:

Jera L. Bradshaw
Symposium Editor
The University of Memphis Law Review
Cecil C. Humphreys School of Law
3715 Central Avenue, Room 323
Memphis, TN 38152
jlbrdshw [at] memphis.edu

Robert Pape (Chicago Political Science)

Georgetown Law & Philosophy

Christopher Morris (Maryland Law), Natural Rights and Political Legitimacy & P 1-2 Declaration of Independence & Anarchy, State, and Utopia & State Legitimacy and Social Order

Harvard

Eric Zolt (UCLA Law), Inequality, Collective Action, and Taxing and Spending Patterns of State and Local Governments

Northwestern Law & Economics

Alan O. Sykes (Stanford Law), Transnational Forum Shopping as a Trade and Investment Issue

San Diego

Ariela Gross (USC Law)

Temple

Greg Mandel (Temple Law), Left Brain vs. Right Brain: Conflicting Conceptions of Creativity in Intellectual Property Law

Texas

Jean Comaroff (Chicago Anthropology), Nations with/out Borders: Neoliberalism and the Problem of Belong in Africa, and Beyond

UC Berkeley

Lauren Edelman (UC Berkeley Law) & Linda Krieger (UC Berkeley Law) & Scott Eliason (Minnesota Sociology) & Catherine Albiston (UC Berkeley Law) & Virginia Mellema (EEOC), When Organizations Rule: Judicial Deference to Institutionalized Employment Structures

UC Hastings

Adam Scales (Washington & Lee Law), Insurance in the Aftermath of Katrina

UCLA Faculty Mondays

Joshua Foa Dienstag (UCLA Political Science), The Promise of Pessimism

Virginia Law & Economics

Christine Jolls (Yale Law), Mandated Medical Leave in the Workplace

Yale Corporate Law

Reinier Kraakman (Harvard Law), Exit, Voice, and Liability: Legal Dimensions of Organizational Structure

Scott Moss (Colorado Law), O Brave New World That Has Such Creatures Evidence: An Economic Analysis Of Courts’ Misguided Rules On Discovery Of Digital Evidence

Boston College Legal History

Paul Halliday (Virginia History), The Liberty of the Subject: Conceiving Habeas Corpus in England and Empire

Columbia

Nestor Davidson (Colorado Law), Standardization and Pluralism in Property Law

Fordham

Tsilly Dagan (Bar-Ilan Law), Taxing the Non-Market Economy

Georgetown

Elizabeth Warren (Harvard Law), Making Credit Safer

Harvard

Jessica Stern (Harvard Law), Producing Terror: Organization Dynamics of Survival

Harvard Legal History

Dalia Tsuk Mitchell (George Washington Law), Corporate Directors: Trustees, Representatives, Agents

Loyola

Sonia Katyal (Fordham Law)

Michigan Law & Economics

Fernando Gomez (Barcelona Law), Insurance and Tort: Coordination Systems and Imperfect Liability Rules

Minnesota Faculty Works

Geoffrey Miller (NYU Law), Law Economics and Narrative in the Hebrew Bible

NYU Tax Policy & Public Finance

Jonathan Barry Forman (Oklahoma Law), Making America Work & 2008 Tax Considerations in a Universal Pension System

Northwestern Tax

David Duff (Toronto Law), Rethinking the Concept of Income in Tax Law & Policy

Seattle

Ha-Joon Chang (Cambridge Economics), Bad Samaritans — The Myth of Free Trade and the Secret History of Capitalism

SMU

Sionaidh Douglas-Scott (King’s College Law), The EU and Terrorism

Stanford Law & Economics

Yair Listokin (Yale Law), Does Shareholder Voting Maximize Stock Market Value?

Stetson

Jason Gillmer (Texas Wesleyan Law), Base Wretches and Black Wenches: A Story of Sex and Race, Violence and Compassion, During Slavery Times

Texas

Calvin Johnson (Texas Law), Consumption Tax for Extraordinary Returns

Washington

Ilhyung Lee (Missouri Law), Korean Parties and Korean Panelists in UDRP Decisions (and the ‘Bad Faith’ Dilemma)

Yale Legal Theory

Robert Frank (Cornell Management), The Status of Moral Emotions in Consequentialist Moral Reasoning

Rennard Strickland (Chapman Law), Keepers of the Springs: A Defense of the American Legal Profession

Alabama

A. E. Dick Howard (Virginia Law), The Changing Face of the Supreme Court: From the Warren Court to the Roberts Court

Boston College

Linda Beale (Wayne State), Tax Patents: At the Crossroads of Tax and Patent Law

Boston University

Kim Ferzan (Rutgers-Camden Law), Beyond the Special Part

Brooklyn

Anita Bernstein (Brooklyn Law), Asbestos and Gender

Chicago-Kent

Elinor Ostrom (Indiana-Bloomington Cognitive Science Program)

Columbia

Clayton Gillette (Columbia Law), Tacit Agreement, Investment, and Contract Design

Emory

Douglas Baird (Chicago Law), Anti-Bankruptcy

Florida State

Margaret Blair (Vanderbilt Law), Assurance Services as a Substitute for Law in Global Commerce

Georgetown

William Forbath (Texas Law), History, Memory and “Transformative Law”: Treatment Action Campaign and the Politics of Rights in South Africa

Michigan Law & Economics

Rip Verkerke (Virginia Law), Legal Innocence and Information-Forcing Rules

Minnesota Faculty Works

Elizabeth Beaumont (Minnesota Political Science)

NYU Tax Policy & Public Finance

Andrea Louis Campbell (MIT Political Science), How Americans Think About Taxes: Public Opinion and the American Fiscal State

Penn Law & Economics

Colin Mayer (Oxford Business), Where Do Firms Incorporate: Deregulation and the Cost of Entry

Temple International Law

Sean Murphy (George Washington Law), The Jus Ad Bellum in View of New Security Threats

Texas

Matt Adler (Penn Law), Social Facts, Constitutional Interpretation, and the Rule of Recognition

Vanderbilt

Brian Tamanaha (St. John’s Law)

Washburn

Alex Glashausser (Washburn Law), The Misbegotten Modern Doctrine of Federal Question Jurisdiction

Yale Human Rights

Shameem Black (Yale English), Fiction in the Age of Transitional Justice

Yale Law & Economics

Kathy Zeiler (Georgetown Law), Do Insurer Reserving Practices Drive Liability Insurance Premium Cycles?: An Empirical Study at the Claim Level