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Articles 1 - 30 of 51
Full-Text Articles in Law
Medicare And The Joint Commission On Accreditation Of Healthcare Organizations: A Healthy Relationship?, Timothy Stoltzfus Jost
Medicare And The Joint Commission On Accreditation Of Healthcare Organizations: A Healthy Relationship?, Timothy Stoltzfus Jost
Law and Contemporary Problems
The economic and political forces driving the program in which health care institutions accredited by the Joint Commission on Accreditations of Healthcare Organizations are deemed to meet Medicare conditions of participation are examined. The Joint Commission should be more rigorous in the application of its accreditation standards and more accountable to the public.
Confidentiality And Disclosure In Accreditation, Timothy Stoltzfus Jost
Confidentiality And Disclosure In Accreditation, Timothy Stoltzfus Jost
Law and Contemporary Problems
The law and the internal policies of accrediting entities have protected the confidentiality of accreditation information, but regulators who rely on accreditation decisions for public purposes are demanding greater access to this information. The litigation involving access to accrediting information is examined.
Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody
Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody
Law and Contemporary Problems
The shortcomings of the Sherman Act as it relates to private accrediting are examined in order to assist courts in minimizing the anticompetitive features of accreditation and maximizing its procompetitive benefits. A lack of clear legal principles to guide factual analysis and to facilitate the granting of summary judgment in appropriate cases has led to unfocused and protracted litigation.
Foreword: The Place Of Private Accrediting Among The Instruments Of Government, Clark C. Havighurst
Foreword: The Place Of Private Accrediting Among The Instruments Of Government, Clark C. Havighurst
Law and Contemporary Problems
The Federal Government relies on private accreditation in lieu of direct public regulation, especially in the fields of health care and education. It is possible that the government hopes to foster pluralism in the regulatory state.
Health Care Reform And The Constitutional Limits On Private Accreditation As An Alternative To Direct Government Regulation, Michael J. Astrue
Health Care Reform And The Constitutional Limits On Private Accreditation As An Alternative To Direct Government Regulation, Michael J. Astrue
Law and Contemporary Problems
The various subagencies of the HHS have opposing positions on the use of private accreditation in health care regulation, due to their different views of their missions. The use of the private delegation doctrine, an obscure constitutional doctrine, in health care cases in court is examined.
Color As A Trademark Under The Lanham Act: Confusion In The Circuits And The Need For Uniformity, J. Christopher Carraway
Color As A Trademark Under The Lanham Act: Confusion In The Circuits And The Need For Uniformity, J. Christopher Carraway
Law and Contemporary Problems
The Lanham Act--the Trademark Act of 1946--is examined to determine if it allows the protection of color per se as a trademark. Circuit courts vary in their use of the legislation, but color does satisfy the Act's broad definition of a trademark.
Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh
Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh
Law and Contemporary Problems
The Higher Education Amendments of 1992 formally provided for a "Program Integrity Triad" of accrediting agencies, the states, and the Department of Education to control access to student financial assistance programs. Negotiated rulemaking was mandated by Congress for the implementation of the program.
The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin
The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin
Law and Contemporary Problems
The government has come to rely on private organizations for accreditation in higher education. It created the Higher Education Amendments of 1992 Act, which provided for state "postsecondary review entities" to contract with the Department of Education.
Recent Developments Concerning Accrediting Agencies In Postsecondary Education, Jeffrey C. Martin
Recent Developments Concerning Accrediting Agencies In Postsecondary Education, Jeffrey C. Martin
Law and Contemporary Problems
The relationship between private voluntary postsecondary accrediting agencies and the federal eligibility for student financial aid programs has attracted public scrutiny, due to the magnitude of loan defaults and the insistence of the agencies that accredited higher education institutions become more demographically diverse. The history of Department of Education recognition of such agencies is examined.
Private Accreditation As A Substitute For Direct Government Regulation In Public Health Insurance Programs: When Is It Appropriate?, Eleanor D. Kinney
Private Accreditation As A Substitute For Direct Government Regulation In Public Health Insurance Programs: When Is It Appropriate?, Eleanor D. Kinney
Law and Contemporary Problems
The appropriateness of the use of private accreditation in regulating and defining the quality of health care providers under government health insurance programs is examined. The characteristics of health care institutions and the patients they serve are important considerations.
Tort Liability To Those Injured By Negligent Accreditation Decisions, Peter H. Schuck
Tort Liability To Those Injured By Negligent Accreditation Decisions, Peter H. Schuck
Law and Contemporary Problems
The risk of tort liability for negligent accreditators is examined. Only a single court has held a private accrediting body liable to a consumer for negligence in connection with its evaluation of a social service provider.
Hague Conference Conventions And The United States: A European View, Cornelis D. Van Boeschoten
Hague Conference Conventions And The United States: A European View, Cornelis D. Van Boeschoten
Law and Contemporary Problems
From a European perspective, international cooperation in litigation does not primarily require the safeguarding of governmental interests, but the equitable balancing of the interests of plaintiffs and defendants. A European view of the role of US procedures in Hague Conference conventions is presented.
Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman
Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman
Law and Contemporary Problems
Joseph F. Weis Jr's theories regarding US procedural policymaking and service by mail from the Hague Convention are examined. Weis explores two themes that run through US civil procedure: counterintuitive instrumentalism and underlying pragmatism.
The Federal Rules Of Civil Procedure In The Context Of Transnational Law, George K. Walker
The Federal Rules Of Civil Procedure In The Context Of Transnational Law, George K. Walker
Law and Contemporary Problems
The development of exceptions in the Rules of Civil Procedure and federal statutes that apply only to litigants outside the US is explored. The Rules should not make exceptions on a blanket basis, as some proposals indicate.
The Public Face Of Private International Law: Prospects For A Convention On Foreign State Immunity, Joan E. Donaghue
The Public Face Of Private International Law: Prospects For A Convention On Foreign State Immunity, Joan E. Donaghue
Law and Contemporary Problems
No abstract provided.
Comments Of Professor Joan E. Donoghue’S Article, The Public Face Of Private International Law: Prospects For A Convention On Foreign State Immunity, Horace B. Robertson Jr.
Comments Of Professor Joan E. Donoghue’S Article, The Public Face Of Private International Law: Prospects For A Convention On Foreign State Immunity, Horace B. Robertson Jr.
Law and Contemporary Problems
Joan E. Donoghue's theories regarding the prospects for a convention on foreign state immunity within the Hague Conference are examined. The prospects for supporting efforts to negotiate an international convention on state immunity are small.
Recognition And Enforcement Of Foreign Judgments: A New Approach For The Hague Conference?, Arthur T. Von Mehren
Recognition And Enforcement Of Foreign Judgments: A New Approach For The Hague Conference?, Arthur T. Von Mehren
Law and Contemporary Problems
The curent Hague jurisdiction and recognition project for the recognition and enforcement of foreign judgments is discussed, and the merits and demerits of various approaches to jurisdiction and recognition problems are considered.
The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank
The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank
Law and Contemporary Problems
Although the US has been a member of the Hague Conference on Private International Law Since 1964, other members may doubt the US' willingness to abide by the international obligations it has incurred. The US' ambivalence regarding international commitments is examined.
Cooperation In International Procedural Conflicts: Prospects And Benefits, Takeshi Kojima
Cooperation In International Procedural Conflicts: Prospects And Benefits, Takeshi Kojima
Law and Contemporary Problems
The need for international integration of civil procedure has been strongly felt all over the world, particularly in the countries of Asia, North America and Europe. The birth of an international treaty will be good news for all those involved in international civil disputes.
Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Joseph F. Weis Jr.
Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Joseph F. Weis Jr.
Law and Contemporary Problems
The Hague Convention has not solved all of the problems in transnational service of process. Much of the difficulty has centered on the US preference for service by mail, a method of minimal expense.
The Hague Evidence Convention Revisited: Reflections On Its Role In U.S. Civil Procedure, Gary B. Born
The Hague Evidence Convention Revisited: Reflections On Its Role In U.S. Civil Procedure, Gary B. Born
Law and Contemporary Problems
A reworking of the basic terms of the Hague Evidence Convention is proposed. Under current law, US courts typically do not employ the Convention's evidence-taking mechanisms when ordering discovery from either a litigant or a witness subject to the court's subpoena power.
Remarks, Peter H. Pfund
Remarks, Peter H. Pfund
Law and Contemporary Problems
The US proposal for the Hague Conference to prepare a recognition and enforcement convention is a proposal for multilateral negotiations by the member states of the Hague Conference that would involve many states besides the US.
Foreword, Paul D. Carrington, Adair Dyer Jr.
Foreword, Paul D. Carrington, Adair Dyer Jr.
Law and Contemporary Problems
No abstract provided.
Reflections On The Interface Of Treaties And Rules Of Procedure: Time For Federal “Long-Arm” Legislation, J. Dickson Phillips, Paul D. Carrington
Reflections On The Interface Of Treaties And Rules Of Procedure: Time For Federal “Long-Arm” Legislation, J. Dickson Phillips, Paul D. Carrington
Law and Contemporary Problems
Civil justice in the US is a primary means of law enforcement, and those who compete in the US economy ought, except in compelling circumstances, to be subject to the same modes of law enforcement as their US competitors. The five-tiered process for rulemaking regarding special accomodation of foreign interests is examined.
Thoughts About A Multinational Judgments Convention: A Reaction To The Von Mehren Report, Andreas F. Lowenfeld
Thoughts About A Multinational Judgments Convention: A Reaction To The Von Mehren Report, Andreas F. Lowenfeld
Law and Contemporary Problems
Arthur von Mehren's proposal for a mixed convention for jurisdiction and multinational judgments is examined. A theory for what a sound convention on the recognition and enforcement of judgments should contain is proposed.
International Control Of Civil Procedure: Who Benefits?, Robert B. Von Mehren
International Control Of Civil Procedure: Who Benefits?, Robert B. Von Mehren
Law and Contemporary Problems
The work of the Hague Conference on Private International Law in the field of civil litigation is considered, focusing particularly on the Service Convention and the Evidence Convention. The international community has benefited from the work of the Hague Conference through cooperation under its auspices.
International Control Of International Litigation: Who Benefits?, Hans Smit
International Control Of International Litigation: Who Benefits?, Hans Smit
Law and Contemporary Problems
The enormous growth of international intercourse Since WWII has brought a corresponding increase in litigation with international aspects. Problems associated with adjudication by domestic courts of disputes with international aspects are considered.
Hague International Child Abduction Convention: A Progress Report, Linda Silberman
Hague International Child Abduction Convention: A Progress Report, Linda Silberman
Law and Contemporary Problems
The Hague Convention on the Civil Aspects of International Child Abduction was adopted on Oct 25, 1980. The objective of the Convention is to protect children from wrongful international removals or retentions from their lawful custodians.