by Tina LaRitz*
The Bivens doctrine allows plaintiffs who suffer constitutional violations at the hands of federal officers to claim monetary damages from federal courts, absent the statutory recognition of such a right. Recent jurisprudence has increasingly sought to limit this right in a show of judicial conservatism at the expense of deserving plaintiffs. This Contribution argues that the Bivens doctrine must be preserved broadly within the Fourth Amendment unreasonable search context.
by Jessica Christy*
Failure-to-warn claims in products liability suits face special problems in proving causation. Many courts have responded by establishing a rebuttable presumption that a plaintiff would have read and heeded an adequate warning if it had been provided. In this Contribution, Jessica Christy (’21) considers arguments that this “heeding presumption” ultimately undermines the well-being of consumers, and concludes that such concerns are best addressed by rigorously defining “warning defect,” not by abolishing the presumption of causation.
by Ryan Knox*
Can plaintiffs bring state law claims of negligence per se based only on alleged violations of the Health Insurance Portability and Accountability Act (HIPAA)? In this Contribution, Ryan Knox (’19) discusses the interaction of HIPAA with state negligence claims and the legal and policy reasons challenging these private claims. This Contribution ultimately argues that negligence per se claims under state law should not be permitted to be brought when based only on alleged HIPAA violations.
by Nate Blevins*
Are plaintiffs who raise hybrid claims for unseaworthiness under the common law of admiralty and negligence under the Jones Act ineligible to obtain prejudgment interest? In this Contribution, Nate Blevins (’19) discusses the interaction of admiralty common law and the Jones Act—along with the Federal Employers Liability Act incorporated therein—that has led to a circuit split on this issue. Ultimately, this Contribution argues that, contrary to the rule in most circuits, a plaintiff who prevails on both counts of a hybrid claim should be eligible for prejudgment interest.
by Victoria Hamscho, Daniel Weinstein, and Ryan Knox*
Non-profit healthcare systems may seek to create an integrated care delivery system by acquiring other healthcare companies. Particular risks arise when nonprofit healthcare systems purchase for-profit management services organizations. In this Contribution, Victoria Hamscho, Daniel Weinstein, and Ryan Knox (’19) call attention to some significant risks non-profit healthcare systems face in acquiring for-profit management services organizations (including fraud and abuse, corporate practice of medicine laws, antitrust violations, and tax violations) and suggest possible means of mitigating these risks.
by Jason A. Driscoll*
Is damage to a lunar mining facility actionable under the Outer Space Treaty when the facility is built on the surface of the Moon and made entirely from lunar rock? In this Contribution, Jason A. Driscoll (’18) analyzes a wrinkle in the law of outer space, contemplating whether the current outer space tort regime protects damage to property crafted entirely from materials mined in outer space. The Contribution argues that the current regime does not protect and cannot account for the unprecedented, though possible, practice of manufacturing objects in outer space using extraterrestrial materials.
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