Elizabeth Y. McCuskey

University of Toledo College of Law

Associate Professor

2801 W. Bancroft Street

Toledo, OH 43606

United States

http://www.utoledo.edu/law/faculty/fulltime/mccuskey.html

Center for Health Law Studies

Adjunct

100 N. Tucker Blvd.

St. Louis, MO 63101

United States

SCHOLARLY PAPERS

9

DOWNLOADS

656

CITATIONS

0

Scholarly Papers (9)

1.

Submerged Precedent

Nevada Law Journal, Vol. 16, p. 515, 2016, University of Toledo Legal Studies Research Paper No. 2016-01
Number of pages: 118 Posted: 17 Jan 2016
Elizabeth Y. McCuskey
University of Toledo College of Law
Downloads 198 (149,046)

Abstract:

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precedent, jurisdiction, federal-question jurisdiction, Grable, federal courts, district courts, removal, remand, unpublished opinions, empirical, dockets, PACER, E-Government Act of 2002

2.

Agency Imprimatur & Health Reform Preemption

Ohio State Law Journal, Vol. 78, 1099-1167 (2017)
Number of pages: 70 Posted: 18 Jul 2017 Last Revised: 01 Feb 2018
Elizabeth Y. McCuskey
University of Toledo College of Law
Downloads 132 (210,943)

Abstract:

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preemption, big waiver, health law, health reform, health care, health, regulation, federalism, affordable care act, ACA, BCRA, supremacy clause, state innovation, 1332 waiver, institutional competence, waiver

3.

Clarity & Clarification: Grable Federal Questions in the Eyes of Their Beholders

Nebraska Law Review, Vol. 91, No. 2, 2012, University of Toledo Legal Studies Research Paper No. 2013-06
Number of pages: 73 Posted: 08 Mar 2013
Elizabeth Y. McCuskey
University of Toledo College of Law
Downloads 106 (248,057)

Abstract:

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clarity, jurisdiction, jurisdictional, federal question, remand, removal, Grable, Empire, Gunn, Minton, rules and standards, docket, appellate review, discretion, federalism, case management, Supreme Court, district court

4.

Structuring Jurisdictional Rules and Standards

65 Vanderbilt Law Review En Banc 31 (2012), University of Toledo Legal Studies Research Paper No. 2012-21
Number of pages: 14 Posted: 15 Jun 2012 Last Revised: 19 Feb 2013
Scott Dodson and Elizabeth Y. McCuskey
University of California Hastings College of the Law and University of Toledo College of Law
Downloads 87 (282,231)

Abstract:

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jurisdiction, grable, mottley, well-pleaded, jurisdictional, rules, standards, abstention, federal question

5.

Body of Preemption: Health Law Traditions and the Presumption Against Preemption

Temple Law Review, Vol. 89, No. 1, 2016, University of Toledo Legal Studies Research Paper No. 2017-05
Number of pages: 54 Posted: 05 Jan 2017
Elizabeth Y. McCuskey
University of Toledo College of Law
Downloads 46 (391,254)

Abstract:

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preemption, presumption, supremacy clause, health law, health care, health, police power, regulation, federalism, affordable care act, statutory interpretation, tradition

6.

On Drugs: Preemption, Presumption, & Remedy

Journal of Legal Medicine, Vol. 38 (2018)
Number of pages: 22 Posted: 24 May 2018
Elizabeth Y. McCuskey
University of Toledo College of Law
Downloads 35 (432,888)

Abstract:

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preemption, presumption, remedy, litigation, drugs, pharmaceuticals, prescription drugs, generic drugs, attorney fees, Federal Rule 41, failure to update

7.

The Body Politic: Federalism as Feminism in Health Reform

11 Saint Louis University Journal of Health Law & Policy 303
Number of pages: 14 Posted: 29 Jul 2018
Elizabeth Y. McCuskey
University of Toledo College of Law
Downloads 29 (459,317)

Abstract:

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Federalism, Feminism, Health Reform, Health Insurance, Health Equity, Health Justice, Social Determinants Of Health, Affordable Care Act

8.

Constitutional Development: Jackson v. Birmingham Board of Education: Title IX's Implied Private Right of Action for Retaliation

University of Pennsylvania Journal of Constitutional Law, Vol. 8, No. 143, 2006
Number of pages: 22 Posted: 01 Feb 2016
Elizabeth Y. McCuskey
University of Toledo College of Law
Downloads 18 (518,568)

Abstract:

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Title IX, private right of action, statutory interpretation, Spending Clause, Civil Rights Act of 1964, United States Education Amendments of 1972, Jackson v. Birmingham Board of Education, Chevron deference

9.

Big Waiver Under Statutory Sabotage

Ohio North University Law Review, Forthcoming
Number of pages: 25 Posted: 15 Apr 2019
Elizabeth Y. McCuskey
University of Toledo College of Law
Downloads 5 (600,783)

Abstract:

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Affordable Care Act, ACA, Waiver, State Innovation, Big Waiver, Cooperative Federalism