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Full-Text Articles in Law
Rational Custom, Edward T. Swaine
Rational Custom, Edward T. Swaine
Duke Law Journal
Customary international law is understood to require that state practices be followed from a sense of legal obligation, though international lawyers have long puzzled over how those obligations come into being. Recent work applying rational choice theory suggests, unsettlingly, that the entire inquiry is misconceived: practices commonly attributed to obligations are merely behavioral regularities that arise from intersecting state interests, and the role of legal obligations is minimal at best. This Article attempts to explain how the rational choice critique and traditional doctrine may be reconciled. Rational choice theory, it is argued, responds to a genuine problem in the existing …
Is The Revised Uniform Arbitration Act A Good Fit For Alaska?, Carl H. Johnson, Pete D. A. Petersen
Is The Revised Uniform Arbitration Act A Good Fit For Alaska?, Carl H. Johnson, Pete D. A. Petersen
Alaska Law Review
No abstract provided.
Using Managed Care Tools In Traditional Medicare — Should We? Could We?, Robert A. Berenson, Dean M. Harris
Using Managed Care Tools In Traditional Medicare — Should We? Could We?, Robert A. Berenson, Dean M. Harris
Law and Contemporary Problems
Berenson and Harris consider whether the most controversial tools of managed care, including selective contracting, gatekeeping, and prior authorization, should be adopted in the Medicare program. On policy and practical political grounds, they do not recommend selective contracting or gatekeeping. Nevertheless, Medicare should be granted the authority to have preferred providers and case management programs that could treat providers differently and could permit certain beneficiaries to receive additional, off-policy benefits.