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- Georgia Journal of International & Comparative Law (5)
- Belmont Law Review (3)
- Loyola of Los Angeles Law Review (2)
- Loyola of Los Angeles International and Comparative Law Review (1)
- Michigan Journal of Environmental & Administrative Law (1)
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- Osgoode Hall Law Journal (1)
- Saint Louis University Journal of Health Law & Policy (1)
- The US Army War College Quarterly: Parameters (1)
- University of Miami International and Comparative Law Review (1)
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- University of Richmond Law Review (1)
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Articles 1 - 20 of 20
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Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, Jessica Mantel
Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, Jessica Mantel
University of Michigan Journal of Law Reform
With Medicare’s rising costs threatening the country’s fiscal health, policymakers have focused their attention on a primary cause of Medicare’s high price tag—the overtreatment of patients. Guided by professional norms that demand they do “everything possible” for their patients, physicians frequently order additional diagnostic tests, perform more procedures, utilize costly technologies, and provide more inpatient care. Much of this care, however, does not improve Medicare patients’ health, but only increases Medicare spending. Reducing the overtreatment of patients requires aligning physicians’ interests with the government’s goal of spending Medicare’s dollars wisely. Toward that end, recent Medicare payment reforms establish a range …
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Michigan Journal of Environmental & Administrative Law
By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming decades. …
Banning Bribes Abroad: Us Enforcement Of The Foreign Corrupt Practices Act, Ellen Gutterman
Banning Bribes Abroad: Us Enforcement Of The Foreign Corrupt Practices Act, Ellen Gutterman
Osgoode Hall Law Journal
The United States has been at the forefront of international efforts to combat corruption in the global economy for almost forty years, chiefly through its Foreign Corrupt Practices Act [FCPA]. Over the past decade, US enforcement of the FCPA has surged in terms of both the number of enforcement actions and the application of increasingly expansive interpretations of jurisdiction through which to enforce the FCPA on an extraterritorial basis. Extraterritorial enforcement of the FCPA has promoted anti-corruption policies and the banning of bribes abroad, but three aspects of FCPA enforcement shape and constrain the broader goals of global anti-corruption governance …
The Right To An Exclusively Religious Education--The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler
The Right To An Exclusively Religious Education--The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler
Georgia Journal of International & Comparative Law
No abstract provided.
Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid
Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid
University of Miami Race & Social Justice Law Review
No abstract provided.
Balancing Disclosure And Privacy Interests In Campaign Finance, Sarah Harding
Balancing Disclosure And Privacy Interests In Campaign Finance, Sarah Harding
Loyola of Los Angeles Law Review
The law of campaign finance pits two important First Amendment interests against each other: disclosure and privacy. The Supreme Court has recognized the need to balance these two interests to allow for effective elections and to safeguard individual rights. However, through the years the Court has failed to balance these interests equally, resulting in vacillating decisions that unfairly sacrifice one for the other. From Burroughs v. United States in 1934 to Citizens United v. FEC in 2010, the Court has failed to provide a workable roadmap for legislatures in the creation of campaign finance disclosure laws and for lower courts …
Security Assistance In Africa: The Case For More, Kristen A. Harkness
Security Assistance In Africa: The Case For More, Kristen A. Harkness
The US Army War College Quarterly: Parameters
No abstract provided.
The Export Administration Act's Technical Data Regulations: Do They Violate The First Amendment?, Kenneth Kalivoda
The Export Administration Act's Technical Data Regulations: Do They Violate The First Amendment?, Kenneth Kalivoda
Georgia Journal of International & Comparative Law
No abstract provided.
Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa
Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa
Georgia Journal of International & Comparative Law
No abstract provided.
What's Worse, Nuclear Waste Or The United States' Failed Policy For Its Disposal?, Christopher M. Keegan
What's Worse, Nuclear Waste Or The United States' Failed Policy For Its Disposal?, Christopher M. Keegan
University of Richmond Law Review
No abstract provided.
Should The United States Move Towards Portugal's Decriminalization Of Drugs?, Lauren Gallagher
Should The United States Move Towards Portugal's Decriminalization Of Drugs?, Lauren Gallagher
University of Miami International and Comparative Law Review
No abstract provided.
The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai
The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai
Loyola of Los Angeles Law Review
The U.S. military response to the 9/11 attacks has expanded into a “global war” without a definite geographic scope. Both the Bush and Obama administrations have executed attacks in several countries including Somalia, Afghanistan, Pakistan, and Yemen under the “global war” paradigm. This Article challenges the concept of a global armed conflict, instead favoring the “epicenter-of-hostilities” framework for determining the legality of military action against Al-Qaeda, the Taliban, and other terrorist groups. This approach, rooted in established international law, measures the existence of specific criteria in each nation where hostile forces are present to determine if an armed conflict in …
Carrots And Sticks: Safer Fresh Produce In The United States Through British Style Supermarket Co-Regulation, Victoria Tokar
Carrots And Sticks: Safer Fresh Produce In The United States Through British Style Supermarket Co-Regulation, Victoria Tokar
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Lessons From China’S Carbon Markets For U.S. Climate Change Policy, Susan Vermillion
Lessons From China’S Carbon Markets For U.S. Climate Change Policy, Susan Vermillion
William & Mary Environmental Law and Policy Review
No abstract provided.
International Satellite Piracy: The Unauthorized Interception And Retransmission Of United States Program-Carrying Satellite Signals In The Caribbean, And Legal Protection For United States Program Owners, Judith S. Weinstein
Georgia Journal of International & Comparative Law
No abstract provided.
An Antitrust Analysis Of Joint Research And Development Agreements In The European Economic Community And The United States, Francene M. Augustyn
An Antitrust Analysis Of Joint Research And Development Agreements In The European Economic Community And The United States, Francene M. Augustyn
Georgia Journal of International & Comparative Law
No abstract provided.
Anticipating Hiv Vaccines: Sketching An Agenda For Public Health Ethics And Policy In The United States, James M. Dubois, Amanda Hine, Michele Kennett, Kayla Kostelecky, Joseph Norris, Rachel Presti, Kathryn Raliski, Jessi Roach, Adam Ruggles
Anticipating Hiv Vaccines: Sketching An Agenda For Public Health Ethics And Policy In The United States, James M. Dubois, Amanda Hine, Michele Kennett, Kayla Kostelecky, Joseph Norris, Rachel Presti, Kathryn Raliski, Jessi Roach, Adam Ruggles
Saint Louis University Journal of Health Law & Policy
No abstract provided.
The Great Tactician: The Chief Justice, Obamacare, And Walking The Tightrope Of Partisan Politics, Katherine H. Blankenship
The Great Tactician: The Chief Justice, Obamacare, And Walking The Tightrope Of Partisan Politics, Katherine H. Blankenship
Belmont Law Review
This note argues that true judicial restraint is a fictional impossibility. Any practice of judicial restraint is at the very same moment an exercise of judicial activism because a judge cannot approach the law from a truly objective, mechanical position. Every judicial opinion is influenced not only by the political and moral vantage point of the judge, but also the judge’s policy and societal concerns. This thesis is illustrated by a case study of National Federation of Independent Business v. Sebelius, and, specifically, Chief Justice Roberts’s opinion regarding the individual mandate and the Medicaid provision of the Affordable Care Act. …
Legislating Autism Coverage: The Conservative Insurance Mandate, Lori Shealy Unumb
Legislating Autism Coverage: The Conservative Insurance Mandate, Lori Shealy Unumb
Belmont Law Review
Since 2007, numerous state legislatures have enacted insurance mandates relating to treatment for autism. In the absence of an autism insurance mandate, health insurers typically do not cover “one of the most commonly prescribed therapies” for autism, which is an intensive therapeutic intervention based on Applied Behavior Analysis (commonly called “ABA therapy”). The autism insurance mandates that have swept the nation during the last decade require coverage for ABA therapy and other care that is ordered by a physician and deemed medically necessary to treat autism. This article (1) examines why so many legislatures that traditionally resist insurance mandates embrace …
Restoring The Parameters Of Public Health In A Time Of Hobby Lobby And Ebola: The Case For A Wellness Account, John D. Blum
Restoring The Parameters Of Public Health In A Time Of Hobby Lobby And Ebola: The Case For A Wellness Account, John D. Blum
Belmont Law Review
The genesis of this piece lies in two seemingly unrelated events in law and public health, the governmental response to the Ebola crisis, and the U.S. Supreme Court ruling in Burwell v. Hobby Lobby, sparked by religious objections to certain employer mandates under the Affordable Care Act. While this essay focuses on the Burwell v. Hobby Lobby case and not Ebola, its core premise is that health policy is best served when government authorities focus strategies and responses within the parameters of individual and population concern. This piece will propose an alternative approach to women’s health promotion, a wellness account, …