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- Corporate enforcement (1)
- DOJ settlements (1)
- Dynasty trusts (1)
- FCA economic incentives (1)
- False Claims Act (1)
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- Fraud in government programs (1)
- Health care (1)
- Health care fraud (1)
- Healthcare (1)
- Healthcare fraud (1)
- Intergenerational economic mobility (1)
- Intestacy (1)
- Nontraditional heirs (1)
- Progressive inheritance (1)
- Regression of wealth distribution (1)
- Taxation and stream of commerce (1)
- Testamentary freedom (1)
- Trusts and estates ("T&E") (1)
- Ultra-wealthy households (1)
Articles 1 - 2 of 2
Full-Text Articles in Social Welfare Law
How Should Inheritance Law Remediate Inequality?, Felix B. Chang
How Should Inheritance Law Remediate Inequality?, Felix B. Chang
Washington Law Review
This Article argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of children to move beyond the economic stations of their parents—above all other goals. The field’s traditional emphasis on testamentary freedom, or the freedom to distribute property in a will as one sees fit, fosters the stickiness of inequality. For wealthy settlors, dynasty trusts sequester assets from the nation’s system of taxation and stream of commerce. For low-income decedents, intestacy (i.e., the system of property distribution for a person who dies without a will) splinters property rights and inhibits their transfer, especially to nontraditional heirs.
Holistically, …
Health Care Fraud Means Never Having To Say You're Sorry, Jacob T. Elberg
Health Care Fraud Means Never Having To Say You're Sorry, Jacob T. Elberg
Washington Law Review
For decades, the Department of Justice (DOJ) has issued a steady flood of press releases announcing False Claims Act (FCA) settlements against health care entities and extolling the purportedly sharp message sent to the industry through these settlements about the consequences of engaging in wrongdoing. The FCA is the primary mechanism for government enforcement against health care entities engaged in wrongdoing, and it is expected to be DOJ’s key tool for addressing fraud arising out of government programs in response to the COVID-19 pandemic. DOJ has pointed to three key goals of its enforcement efforts (deterrence, incentivizing cooperation, and building …