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

Visiting Professor

100 N. Tucker Blvd.

St. Louis, MO 63101

United States

SCHOLARLY PAPERS

6

DOWNLOADS

460

CITATIONS

0

Scholarly Papers (6)

1.

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 74 (229,060)

Abstract:

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

2.

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 66 (253,216)

Abstract:

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

3.

Agency Imprimatur & Health Reform Preemption

Ohio State Law Journal, Vol. 89, No. 1, 2017
Number of pages: 75 Posted: 18 Jul 2017
Elizabeth Y. McCuskey
University of Toledo College of Law
Downloads 0 (339,845)

Abstract:

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

4.

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 0 (384,201)

Abstract:

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

5.

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 0 (475,049)

Abstract:

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

6.

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 0 (137,583)

Abstract:

precedent, jurisdiction, federal-question jurisdiction, Grable, federal courts, district courts, removal, remand, unpublished opinions, empirical, dockets, PACER, E-Government Act of 2002