Oregon Law Review : Vol. 91, No. 3 (2013)
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Item Open Access Challenging State and Local Anti-Immigrant Employment Laws: An Evaluation of Preemption, Equal Protection, and Judicial Awareness Tactics(University of Oregon School of Law, 2013-05-21) Sitton, EmilyItem Open Access When Justices (Subconsciously) Attack: The Theory of Argumentative Threat and the Supreme Court(University of Oregon School of Law, 2013-05-21) Long, Lance N.; Christensen, William F.Item Open Access Marijuana Lawyers: Outlaws or Crusaders?(University of Oregon School of Law, 2013-05-21) Kamin, Sam; Walk, EliItem Open Access Gone Too Far: Federal Regulation of Health Care Attorneys(University of Oregon School of Law, 2013-05-21) Tovino, Stacey A.Outside health care counsel frequently obtain medical records, billing records, health insurance claims records, and other records containing individually identifiable health information in the course of representing health industry clients in medical malpractice, licensure, certification, accreditation, fraud and abuse, peer review, and other civil, criminal, and administrative health law matters. This Article is the first to argue that state rules of professional conduct, not federal health information confidentiality regulations, should govern outside health care counsel’s use and disclosure of confidential client information, and that outside counsel should be excepted from direct federal regulation under the HIPAA Privacy Rule.Item Open Access Peer Review Across the Curriculum(University of Oregon School of Law, 2013-05-21) Montana, Patricia GrandeItem Open Access Criminal Jurisdiction and the Nation-State: Toward Bounded Pluralism(University of Oregon School of Law, 2013-05-21) Wolitz, DavidItem Open Access Public Sector Collective Bargaining, Majoritarianism, and Reform(University of Oregon School of Law, 2013-05-21) Rosenthal, Daniel M.This Article explores the majoritarian implications of collective bargaining for public employees, focusing in particular on teachers. To critics, collective bargaining supplants the ordinary legislative and administrative processes for determining public policy such as the length of the school day, teacher personnel policies, class size, and many other topics. Critics argue that bargaining thus allows teacher unions to exert disproportionate control on these issues at the expense of the broader public.