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Articles 1 - 30 of 70
Full-Text Articles in Law
The False Claims Act: A Consumer's Tool To Combat Fraud Against The Government, Thomas Grande
The False Claims Act: A Consumer's Tool To Combat Fraud Against The Government, Thomas Grande
Loyola Consumer Law Review
No abstract provided.
Struggle Continues Over Safe Neighborhoods Act, Troy Stark
Struggle Continues Over Safe Neighborhoods Act, Troy Stark
Loyola Consumer Law Review
No abstract provided.
Foreword, John D. Blum, Joan H. Krause, Lawrence E. Singer Lsinger@Luc.Edu
Foreword, John D. Blum, Joan H. Krause, Lawrence E. Singer Lsinger@Luc.Edu
Annals of Health Law and Life Sciences
No abstract provided.
A Critical Analysis Of Health And Human Services' Proposed Health Privacy Regulation In Light Of The Health Insurance Privacy And Accountability Act Of 1996, A. Craig Eddy
Annals of Health Law and Life Sciences
Dr. Eddy inquires, through a detailed analysis of relevant statutory provisions, whether it is likely that the HIPAA legislation or the Standards for Privacy of Individually Identifiable Health Information Regulations (SPIIHI) proposed by HHS will efficiently and cost effectively defend the privacy issues they were intended to safeguard. His paper critically analyzes the extremely broad and expensive course of action and tactics HHS has chosen to employ in this effort to determine whether HHS' proposal is an efficient use of health care dollars. To introduce his analysis, Dr. Eddy addresses the general concept of medical privacy and attempts to define …
Telemedicine: The Invisible Legal Barriers To The Health Care Of The Future, Heather A. Daley
Telemedicine: The Invisible Legal Barriers To The Health Care Of The Future, Heather A. Daley
Annals of Health Law and Life Sciences
Telemedicine has the potential to transform the world of health care just as the Internet transformed the world of commerce. Ms. Daly examines two legal obstacles to expanding the use of telemedicine: licensure and liability. She defines telemedicine and discusses its common applications and significant benefits. Licensure laws and liability rules result in formidable barriers to the expanded use of telemedicine, while also failing to provide sufficient protection for consumers. Ms. Daly argues that for the benefits of telemedicine to reach those most in need, mutual recognition of licensing laws coupled with a universal standard of care is necessary.
Administrative Channeling Under The Medicare Act Clarified: Illinois Council, Section 45(H), And The Application Of Congressional Intent, John Aloysius Cogan Jr., Rodney A. Johnson
Administrative Channeling Under The Medicare Act Clarified: Illinois Council, Section 45(H), And The Application Of Congressional Intent, John Aloysius Cogan Jr., Rodney A. Johnson
Annals of Health Law and Life Sciences
Mr. Cogan and Mr. Johnson discuss the judicial review provisions of the Medicare Act, codified at 42 U.S.C. section 405(g) and (h), and the Supreme Court cases including Illinois Council that interpret the scope of the "arising under" language. They also examine the history of section 205(h) of the Social Security Act, including the most recent amendment contained in the Deficit Reduction Act of 1984. The relationship between 205(h), DEFRA, and section 405(h) is explored as well as the caselaw addressing and applying section 405(h) in light of Congress' 1984 amendments.
The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, Mary Jean Dolan
The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, Mary Jean Dolan
Loyola University Chicago Law Journal
No abstract provided.
Toward Equalization Of The Personal Retirement Savings Prerogatives Of Small Business Owners And Their Employees, Richard J. Kovach
Toward Equalization Of The Personal Retirement Savings Prerogatives Of Small Business Owners And Their Employees, Richard J. Kovach
Loyola University Chicago Law Journal
No abstract provided.
Adapting Unitary Principles Of Professional Responsibility To Unique Practice Contexts: A Reflective Model For Resolving Ethical Dilemmas In Elder Law, Joseph A. Rosenberg
Adapting Unitary Principles Of Professional Responsibility To Unique Practice Contexts: A Reflective Model For Resolving Ethical Dilemmas In Elder Law, Joseph A. Rosenberg
Loyola University Chicago Law Journal
No abstract provided.
The Supreme Court's Missed Opportunity: The Constitutionality Of Student-Led Graduation Prayer In Light Of The Crumbling Wall Between Church And State, Nancy E. Drane
Loyola University Chicago Law Journal
No abstract provided.
Informed Consent Law And The Forgotten Duty Of Physician Inquiry, Robert Gatter
Informed Consent Law And The Forgotten Duty Of Physician Inquiry, Robert Gatter
Loyola University Chicago Law Journal
No abstract provided.
Analysis Of The Valuation Of Attorney Work Product According To The Market For Claims: Reformulating The Lodestar Method, George B. Murr
Analysis Of The Valuation Of Attorney Work Product According To The Market For Claims: Reformulating The Lodestar Method, George B. Murr
Loyola University Chicago Law Journal
No abstract provided.
Rico And The Legislative Supremacy Approach To Federal Criminal Lawmaking, Brian Slocum
Rico And The Legislative Supremacy Approach To Federal Criminal Lawmaking, Brian Slocum
Loyola University Chicago Law Journal
No abstract provided.
Commentary On Professor Spencer Weber Waller, Bringing Globalism Home: Lessons From Antitrust And Beyond, W. David Braun
Commentary On Professor Spencer Weber Waller, Bringing Globalism Home: Lessons From Antitrust And Beyond, W. David Braun
Loyola University Chicago Law Journal
No abstract provided.
Pleading Scienter Under The Private Securities Litigation Reform Act Of 1995: Did Congress Eliminate Recklessness, Motive, And Opportunity?, Nicole M. Briski
Pleading Scienter Under The Private Securities Litigation Reform Act Of 1995: Did Congress Eliminate Recklessness, Motive, And Opportunity?, Nicole M. Briski
Loyola University Chicago Law Journal
No abstract provided.
Elders, Surgeons, Regulators, Jurors: Are Medical Experimentation's Mistakes Too Easily Buried?, James T. O'Reilly
Elders, Surgeons, Regulators, Jurors: Are Medical Experimentation's Mistakes Too Easily Buried?, James T. O'Reilly
Loyola University Chicago Law Journal
No abstract provided.
Aging, Rights, And Quality Of Life: Prospects For Older People With Developmental Disabilities, Mark C. Weber
Aging, Rights, And Quality Of Life: Prospects For Older People With Developmental Disabilities, Mark C. Weber
Loyola University Chicago Law Journal
No abstract provided.
Filling In The Silence: Domestic Violence, Literature And Law, Elizabeth Williers Gemmette
Filling In The Silence: Domestic Violence, Literature And Law, Elizabeth Williers Gemmette
Loyola University Chicago Law Journal
No abstract provided.
The Anti-Kickback Statute Standard(S) Of Intent: The Case For A Rule Of Reason Analysis, Timothy J. Aspinwall
The Anti-Kickback Statute Standard(S) Of Intent: The Case For A Rule Of Reason Analysis, Timothy J. Aspinwall
Annals of Health Law and Life Sciences
Mr. Aspinwall presents a comprehensive overview of the anti-kickback statute to show how Congress enacted the legislation to prevent inappropriate utilization and to reduce the ambiguity of the anti-kickback prohibitions by adding a knowing and willful requirement to the standard of intent. He discusses the different lines of caselaw on the anti-kickback standard of intent, and closely examines the standard endorsed by the OIG. He proposes adopting a standard of reasonableness modeled after the rule of reason from antitrust law, using cost-effectiveness as the primary criterion. He argues that a cost-benefit outcomes-based approach to the anti-kickback statute would better serve …
The Kidnapping Of Edgardo Mortara: Contemporary Lessons In The Child Welfare Wars, Bruce A. Boyer, Steven Lubet
The Kidnapping Of Edgardo Mortara: Contemporary Lessons In The Child Welfare Wars, Bruce A. Boyer, Steven Lubet
Faculty Publications & Other Works
No abstract provided.
Baccauaureate Mass Reflection: The Catholic Lawyer: Justice And The Incarnation, John M. Breen
Baccauaureate Mass Reflection: The Catholic Lawyer: Justice And The Incarnation, John M. Breen
Faculty Publications & Other Works
No abstract provided.
John Quincy Adams Revisited, George Anastaplo
John Quincy Adams Revisited, George Anastaplo
Faculty Publications & Other Works
No abstract provided.
Chasing The Cannon: A Tail's View Of, And Requests To, The Dog, John E. Nowak
Chasing The Cannon: A Tail's View Of, And Requests To, The Dog, John E. Nowak
Faculty Publications & Other Works
No abstract provided.
Jury Trials And First Amendment Values In Cyber World, John E. Nowak
Jury Trials And First Amendment Values In Cyber World, John E. Nowak
Faculty Publications & Other Works
No abstract provided.
What To Do With The Sheep In Wolf's Clothing: The Role Of Rhetoric And Reality About Youth Offenders In The Constructive Dismantling Of The Juvenile Justice System, Sacha M. Coupet
Faculty Publications & Other Works
No abstract provided.
Abraham Lincoln And The American Regime: Explorations, George Anastaplo
Abraham Lincoln And The American Regime: Explorations, George Anastaplo
Faculty Publications & Other Works
No abstract provided.
What The Jury Must Hear: The Supreme Court’S Evolving Seventh Amendment Jurisprudence, Margaret L. Moses
What The Jury Must Hear: The Supreme Court’S Evolving Seventh Amendment Jurisprudence, Margaret L. Moses
Faculty Publications & Other Works
No abstract provided.
Splicing Morality And Patent Law: Issues Arising From Mixing Mice And Men,, Cynthia M. Ho
Splicing Morality And Patent Law: Issues Arising From Mixing Mice And Men,, Cynthia M. Ho
Faculty Publications & Other Works
No abstract provided.
Patents, Patients, And Public Policy: An Incomplete Intersection At 35 U.S.C. 287 (C), Cynthia M. Ho
Patents, Patients, And Public Policy: An Incomplete Intersection At 35 U.S.C. 287 (C), Cynthia M. Ho
Faculty Publications & Other Works
No abstract provided.
Termination Of Older Youth From Foster Care: A Protocol For Illinois, Laurene Heybach, Stacey E. Platt
Termination Of Older Youth From Foster Care: A Protocol For Illinois, Laurene Heybach, Stacey E. Platt
Faculty Publications & Other Works
No abstract provided.