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Articles 1 - 4 of 4

Full-Text Articles in Law

Fear, Discrimination And Dying In The Workplace: Aids And The Capping Of Employees' Health Insurance Benefits, Thomas E. Bartrum Jan 1993

Fear, Discrimination And Dying In The Workplace: Aids And The Capping Of Employees' Health Insurance Benefits, Thomas E. Bartrum

Kentucky Law Journal

No abstract provided.


Joint State-Federal Regulation Of Lawyers: The Case Of Group Legal Services Under Erisa, Julia Field Costich Jan 1993

Joint State-Federal Regulation Of Lawyers: The Case Of Group Legal Services Under Erisa, Julia Field Costich

Kentucky Law Journal

No abstract provided.


Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall Jan 1993

Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall

Seattle University Law Review

This Article examines current tort remedies for personal injury claims and explores the problems that arise when these remedies are applied to physicians' actions that are directed by third-party payers. Part II of this Article explores the organization and historical development of managed health care products. Part III considers the past and present uses of the utilization review process and financial risk shifting. Part IV explores the applicability of traditional theories of tort liability to third-party payers, including direct liability of third-party payers who market managed care products. Part V considers the barriers that ERISA presents to compensating patients for …


Pensions And Passivity, Gregory S. Alexander Jan 1993

Pensions And Passivity, Gregory S. Alexander

Cornell Law Faculty Publications

This article discusses how modem fiduciary law has extended equity's tradition of constructing ownership as passive through the corporate pension system. It examines how the corporate pension system as a mode of owning pooled capital is a new stage of passive ownership. This stage creates a different aspect of the familiar problem of separating control from beneficial ownership. Berle and Means argued that the problem that the separation of control from ownership created was economic. The interests of managers and shareholders in the modern corporation diverge, and, they argued, this divergence diminishes the overall efficiency of the modern economy, dominated …