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2010

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Articles 1 - 30 of 435

Full-Text Articles in Law

Commerce In The Commerce Clause: A Response To Jack Balkin, David Kopel, Robert Natelson Aug 2012

Commerce In The Commerce Clause: A Response To Jack Balkin, David Kopel, Robert Natelson

Robert G. Natelson

The Constitution’s original meaning is its meaning to those ratifying the document during a discrete time period: from its adoption by the Constitutional Convention in late 1787 until Rhode Island’s ratification on May 29, 1790. Reconstructing it requires historical skills, including a comprehensive approach to sources. Jack Balkin’s article Commerce fails to consider the full range of evidence and thereby attributes to the Constitution’s Commerce Clause a scope that virtually no one in the Founding Era believed it had.


Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos Dec 2010

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos

Michael Diathesopoulos

In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we ...


Can Health Care Law Survive High Court Review?, Andrew Fichter Dec 2010

Can Health Care Law Survive High Court Review?, Andrew Fichter

Andrew J Fichter

No abstract provided.


Self-Insurance And The Potential Effects Of Health Reform On The Small-Group Market, Kathryn Linehan Dec 2010

Self-Insurance And The Potential Effects Of Health Reform On The Small-Group Market, Kathryn Linehan

National Health Policy Forum

The Patient Protection and Affordable Care Act (PPACA) as amended by the Health Care Education Reconciliation Act of 2010 makes landmark changes to health insurance markets. Individual and small-group insurance plans and markets will see the biggest changes, but PPACA also affects large employer and self-insured plans by imposing rules for benefit design and health plan practices. Over half of workers—most often those in very large firms—are covered by self-insured health plans in which employers (or employee groups) bear all or some of the risk of providing insurance coverage to a defined population of workers and their dependents ...


Hiv And Aids In Africa: Compulsory Licensing Under Trips And Doha Declaration, Ufuoma Akpotaire Dec 2010

Hiv And Aids In Africa: Compulsory Licensing Under Trips And Doha Declaration, Ufuoma Akpotaire

Ufuoma Barbara Akpotaire

In today’s world, there is a lot of focus on issues such as militancy, global warming, terrorism, racism and even politics. Unfortunately, there is a problem that has killed and is still killing far more people than any of the above issues. That problem is HIV/AIDS.

AIDS is a serious medical condition that predisposes patients towards opportunistic infecting tumors, dementia and death. HIV is the viral agent associated with AIDS. Africa is without doubt more heavily affected by HIV/AIDS than any other region of the world. Although Nigeria’s HIV/AIDS prevalence rate is still relatively low ...


Gender Matters In Juvenile Justice, Francine Sherman, Meda Chesney-Lind Dec 2010

Gender Matters In Juvenile Justice, Francine Sherman, Meda Chesney-Lind

Boston College Law School Faculty Papers

No abstract provided.


Gender Matters In Juvenile Justice, Francine Sherman, Meda Chesney-Lind Dec 2010

Gender Matters In Juvenile Justice, Francine Sherman, Meda Chesney-Lind

Francine T. Sherman

No abstract provided.


Critiquing The 2008 Model Act: Redefining "Consent" And Implications Of Intent-Based Parenthood For Posthumous Reproduction, Amy Lai Nov 2010

Critiquing The 2008 Model Act: Redefining "Consent" And Implications Of Intent-Based Parenthood For Posthumous Reproduction, Amy Lai

Amy Lai

My paper critiques the Model Act governing Assisted Reproductive Technology proposed by the American Bar Association in February 2008, for its unnecessarily stringent, one-size-fits-all consent standard governing posthumous reproduction, as well as its far-reaching implications for federal and state legislatures, despite the purportedly modest language of the statute. The paper, by weighing several pertinent factors relating to consent and posthumous conception, advocates a lesser consent standard for the use of deposited, cryopreserved gametes. In addition, it argues that the Model Act promulgates intent-based parenthood which in turn affirms bridging an arbitrary gap between consent and inheritance. Gloria Banks' constructive/ prospective ...


The Elder Justice Act: Addressing Elder Abuse, Neglect, And Exploitation, Carol O'Shaughnessy Nov 2010

The Elder Justice Act: Addressing Elder Abuse, Neglect, And Exploitation, Carol O'Shaughnessy

National Health Policy Forum

Elder abuse, neglect, and exploitation is a social problem that affects older people across all socioeconomic groups and care settings. Although national data on the full extent of the problem are elusive, one study found that 11 percent of older people living in community settings had experienced physical, emotional, or sexual abuse, or potential neglect during one year. Abuse and neglect of residents of nursing facilities and other institutions have been a continuing concern of policymakers and advocates for many years. The Elder Justice Act (EJA), enacted as part of the Patient Protection and Affordable Care Act (PPACA) on March ...


Baldwin V. Sebelius - Brief For Appellants, Steve Baldwin Nov 2010

Baldwin V. Sebelius - Brief For Appellants, Steve Baldwin

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Aging And Disability Resource Centers (Adrcs): Federal And State Efforts To Guide Consumers Through The Long-Term Services And Supports Maze, Carol O'Shaughnessy Nov 2010

Aging And Disability Resource Centers (Adrcs): Federal And State Efforts To Guide Consumers Through The Long-Term Services And Supports Maze, Carol O'Shaughnessy

National Health Policy Forum

Since 2003, the U.S. Administration on Aging (AoA) and the Centers for Medicare & Medicaid Services (CMS) have made a series of grants to states to develop Aging and Disability Resource Centers (ADRCs). The ADRC program’s purpose is to help people of all ages, disabilities, and income levels more easily access long-term services and supports through single points of entry, make more efficient use of care options, and maximize the services available. Almost $111 million in joint AoA-CMS funding has been devoted to the ADRC initiative since its inception in fiscal year 2003. As of October 2010, 325 ADRC ...


Is A Mentally Ill Defendant Still Considered Competent To Waive The Right To Counsel In New York After Indiana V. Edwards?, John H. Wilson Nov 2010

Is A Mentally Ill Defendant Still Considered Competent To Waive The Right To Counsel In New York After Indiana V. Edwards?, John H. Wilson

Pace Law Review

No abstract provided.


Panelist, Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto Nov 2010

Panelist, Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


Sissel V. Hhs - U.S. Motion To Dismiss, United States Department Of Health And Human Services Nov 2010

Sissel V. Hhs - U.S. Motion To Dismiss, United States Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García Nov 2010

Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García

Bruno L. Costantini García

De origen, difundir los diversos esquemas permitidos por la Ley para posibilitar la realización de proyectos con fines inmobiliarios, a efecto de que los núcleos agrarios y sus integrantes se beneficien equitativamente de la urbanización de sus tierras, coadyuvando con ello al desarrollo urbano planificado y ordenado de los centros de población del Estado de Puebla; como consecuencia, impulsar el desarrollo habitacional equilibrado de éste. Eliminar el circulo.- “necesidad de tierra – asentamiento irregular – solución de conflicto”, mediante la planeación socioeconómico de los núcleos agrarios ejidales y comunales, a fin de diseñar un mecanismo eficaz que satisfaga las necesidades de los ...


The Impact Of The Patient Protection And Affordable Health Care Act Of 2010 On State Workers’ Compensation Systems, Thomas A. Eaton Nov 2010

The Impact Of The Patient Protection And Affordable Health Care Act Of 2010 On State Workers’ Compensation Systems, Thomas A. Eaton

Presentations and Speeches

The relationship between national health care reform and workers’ compensation is not a new issue. Whenever there is a serious discussion about some form of national involvement in the delivery or financing of general health care, the question arises: how does workers’ compensation fit in to this plan? The question is a logical one for state workers’ compensation and federal health care reform share a number of common concerns. Both strive to provide meaningful access to care; both aim to stem the tide of rising costs; and each is concerned about how to coordinate with the other. But, the devil ...


Fool Me Once, Shame On Me; Fool Me Again And You’Re Gonna Pay For It: An Analysis Of Medicare’S New Reporting Requirements For Primary Payers And The Stiff Penalties Associated With Noncompliance, Monica A. Stahly Nov 2010

Fool Me Once, Shame On Me; Fool Me Again And You’Re Gonna Pay For It: An Analysis Of Medicare’S New Reporting Requirements For Primary Payers And The Stiff Penalties Associated With Noncompliance, Monica A. Stahly

Law Student Publications

This article discusses the new requirements and the issues that currently face insurers, claimants, and attorneys in cases involving Medicare-eligible beneficiaries.


Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law, Ryan Card Nov 2010

Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law, Ryan Card

BYU Law Review

No abstract provided.


Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger Nov 2010

Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger

BYU Law Review

No abstract provided.


Enforcing A Critical Entitlement: Preemption Claims As An Alternative Way To Protect Medicaid Recipients' Access To Healthcare, Rosemary B. Guiltinan Nov 2010

Enforcing A Critical Entitlement: Preemption Claims As An Alternative Way To Protect Medicaid Recipients' Access To Healthcare, Rosemary B. Guiltinan

Boston College Law Review

When faced with shrinking budgets and swelling Medicaid rolls, states frequently try to reduce Medicaid spending by slashing provider reimbursement rates. Reimbursement rates, however, significantly impact provider participation and consumer access to healthcare services. Therefore, such cutbacks to Medicaid’s already low rates often undermine the program’s promise of “mainstream” medical access for the poor and disabled. Medicaid beneficiaries and providers long used the court system to combat these rate cuts by suing under 42 U.S.C. § 1983 and arguing that inadequate reimbursement rates violate the “equal access provision” of the federal Medicaid Act. But in 2002, the ...


Award Recipient, Germaine Lawrence Women Of Excellence, Francine Sherman Oct 2010

Award Recipient, Germaine Lawrence Women Of Excellence, Francine Sherman

Francine T. Sherman

No abstract provided.


Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto Oct 2010

Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


Hospital Stay, Craig Garner Oct 2010

Hospital Stay, Craig Garner

Craig B. Garner

No abstract provided.


Molst: A Cure For The Common Advance Directive, Thaddeus Pope, Moonyeen Klopfenstein Oct 2010

Molst: A Cure For The Common Advance Directive, Thaddeus Pope, Moonyeen Klopfenstein

Thaddeus Mason Pope

No abstract provided.


Healthcare In Cuba, Carmen Cusack Oct 2010

Healthcare In Cuba, Carmen Cusack

Carmen M Cusack

Poor Americans who lack health-insurance or have little opportunity to access specialized or non-emergency medical treatment in the U.S. should be permitted by the U.S. State Department to spend money in Cuba in order to receive inexpensive medical treatment, and should be allowed to stay (and spend) in Cuba as long as necessary in order to receive inexpensive medical treatment. If Americans were permitted by an exception in the Helms-Burton Act to spend money in Cuba and visit for medical purposes, then Cuba would likely treat these Americans for a very low cost. This can be argued because ...


Premium Assistance: An Update, Cynthia Shirk Oct 2010

Premium Assistance: An Update, Cynthia Shirk

National Health Policy Forum

This background paper explores the use of premium assistance in publicly financed health insurance coverage programs. In Medicaid and the Children’s Health Insurance Program, premium assistance involves using federal and state funds to subsidize premiums for the purchase of private insurance coverage for eligible individuals. This paper reviews the statutory authority for premium assistance, including two new options made available under the Children’s Health Insurance Program Reauthorization Act of 2009. It examines the status of premium assistance programs in the states and offers some insights into how premium assistance programs may fare under the Patient Protection and Affordable ...


The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli Oct 2010

The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli

Michael Greenberger

The federal government’s failure to quickly send active duty troops and other military assets to Louisiana in the wake of Hurricane Katrina primarily stems from its narrow interpretation of the Posse Comitatus Act (PCA), which generally bars the use of federal troops for domestic law enforcement. As this chapter explains, the complete breakdown of law and order during a catastrophic emergency such as Hurricane Katrina allows the president to unilaterally deploy federal troops. This authority to deploy federal troops in response to certain natural disasters, in accordance with the PCA and the Constitution, is found in the Insurrection Act ...


Keeping Bad Science Out Of The Courtroom: Why Post-Daubert Courts Are Correct In Excluding Opinions Based On Animal Studies From Birth-Defects Cases, Dije Ndreu Oct 2010

Keeping Bad Science Out Of The Courtroom: Why Post-Daubert Courts Are Correct In Excluding Opinions Based On Animal Studies From Birth-Defects Cases, Dije Ndreu

Golden Gate University Law Review

This Comment argues that courts should keep animal studies out of the courtroom in birth-defects toxic-torts cases. This will not only result in proper exclusion of unreliable evidence, but will also lead to valuable resources being directed to more worthy alternative tests, ultimately reducing human and animal suffering as birth defects are eradicated. Part I sets forth the evidentiary standards used to determine the admissibility of evidence and then presents background information on birth defects and how they are studied. It also discusses the problems inherent with animal tests and the contrasting value of human data. Part II explores the ...


Ewing V. Goldstein And The Therapist's Duty To Warn In California, Gwynneth F. Smith Oct 2010

Ewing V. Goldstein And The Therapist's Duty To Warn In California, Gwynneth F. Smith

Golden Gate University Law Review

Part I of this Note reviews California law concerning the treatment of potentially dangerous patients, including both the duty to warn and the civil commitment process.s Part II examines the impact of the Ewing decision on the therapist's duty to warn. Part III proposes the Lanterman-Petris-Short Act ("LPS Act") as a suitable framework for dealing with potentially dangerous patients that, if used correctly, obviates the need to expand the triggering criteria for the duty to warn and circumvents the negative ramifications of the Ewing decision. The Note concludes that this framework provides a superior compromise, better protecting both ...


Brave New Eugenics: Regulating Assisted Reproductive Technologies In The Name Of Better Babies, Kerry L. Macintosh Oct 2010

Brave New Eugenics: Regulating Assisted Reproductive Technologies In The Name Of Better Babies, Kerry L. Macintosh

Faculty Publications

Infertile men and women have been using assisted reproductive technologies (ART) to conceive children since the first "test-tube baby" was born in 1978. During the past decade, however, the federal government has begun to clamp down on ART, asserting safety concerns as grounds forbanning novel technologies such as cloning, nuclear transfer, and ooplasm transfer.

Some scholars and policymakers now want to extend governmental regulation to include conventional ART such as in vitro fertilization (IVF) and intracytoplasmic sperm injection (ICSI). They claim children conceived through ART face an increased risk of birth defects and other health problems.

This Article examines the ...