Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- American Criminal Law Review (1)
- American University International Law Review (1)
- Arbitration agreement (1)
- Civil Law (1)
- Civil Procedure (1)
-
- Collateral Consequences (1)
- Constitutional Law (1)
- Consumber dispute (1)
- Courts (1)
- Dispute resolution (1)
- Family Law (1)
- Federal Arbitration Act (FAA) (1)
- Federalism (1)
- Fourteenth Amendment (1)
- Health care reform (1)
- Judges (1)
- Medicaid (1)
- Padilla v. Kentucky (1)
- Right to Counsel (1)
- Separability doctrine (1)
- Sixth Amendment (1)
- Supreme Court (1)
- Supreme Court of the United States (1)
- Supreme Court of the United States (SCOTUS) (1)
- Turner v. Rogers (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Post-Reform Medicaid Before The Court: Discordant Advocacy Reflects Conflicting Attitudes, Nicole Huberfeld
Post-Reform Medicaid Before The Court: Discordant Advocacy Reflects Conflicting Attitudes, Nicole Huberfeld
Faculty Scholarship
The Supreme Court will decide two major Medicaid cases this term that raise major questions about the program and the tensions it creates between the federal government and the states. The Court heard oral arguments on October 3d in Douglas v. Independent Living Center, a dispute between California and its Medicaid providers regarding reimbursement cuts due to California’s budget crisis. The Medicaid providers argue that these proposed cuts are so extreme as to violate federal law and thus the Supremacy Clause. Their contention hinges on the Equal Access Provision of the Medicaid Act, which commands states to pay healthcare providers …
Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
Arbitration In The Roberts Supreme Court, George A. Bermann
Arbitration In The Roberts Supreme Court, George A. Bermann
Faculty Scholarship
The Supreme Court’s most recent set of arbitration law rulings — Stolt-Nielsen, S.A. v. AnimalFeeds Int’l, Rent-A-Center West v. Jackson, and AT&T Mobility v. Concepcion — merits all the attention it has been receiving. Taken collectively, the three decisions evidence the powerful commitment of a Supreme Court majority to arbitration as an alternative form of dispute resolution — a commitment so strong as to override important consumer welfare interests. At a minimum, the trilogy erects substantial barriers to the conduct of class arbitration, a form of arbitration that consumer advocates regard as essential to protecting consumer welfare.
In …
Significant Entanglements: A Framework For The Civil Consequences Of Criminal Convictions, Colleen F. Shanahan
Significant Entanglements: A Framework For The Civil Consequences Of Criminal Convictions, Colleen F. Shanahan
Faculty Scholarship
A significant and growing portion of the U.S. population is or has recently been in prison. Nearly all of these individuals will face significant obstacles as they struggle to reintegrate into society. A key source of these obstacles is the complex, sometimes unknown, and often harmful collection of civil consequences that flow from a criminal conviction. As the number and severity of these consequences have grown, courts, policymakers, and scholars have struggled with how to identify and understand them, how to communicate them to defendants and the public, and how to treat them in the criminal and civil processes. The …