Digital Commons Network^™

Medicare Coverage: Lessons From The Past, Questions For The Future, Robin J. Strongin

National Health Policy Forum

This paper describes the Medicare coverage process for emerging technologies and the ways it has changed over time. Issues addressed include both the national coverage process and local medical review policies, which account for 90 percent of the coverage determinations. The paper also includes a discussion of the relationship between the coverage process and technology assessment, payment systems and the ongoing debate over coverage criteria and levels of evidence.

Fifth Amendment - Equal Protection - Federal Statute Requiring Different Affirmative Requirements To Confer Citizenship To A Child Born Out Of Wedlock Depending On Whether The Citizen Parent Is The Mother Or The Father, Did Not Violate The Constitution's Equal Protection Guarantee Because The Requirements Served An Important Governmental Interest And Were Substantially Related To That Interest - Nguyen V. Immigration And Naturalization Service, 121 S. Ct. 2053 (2001)., Jennifer Johnson

Seton Hall Constitutional Law Journal

No abstract provided.

Assessing Nagpra: An Analysis Of Its Success From A Historical Perspective, Mary Lynn Murphy

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Hormesis Challenge For Environmental Health Regulators, Michael S. Baram

Faculty Scholarship

The hormesis hypothesis provides that human, animal or plant exposure to a low external dose of a hazardous chemical substance or physical agent may have beneficial health outcomes'. For example, human exposure to a precisely defined, low external dose of a carcinogenic pollutant in the workplace or ambient environment may lead to an internal dose or concentration, which stimulates a dormant defense mechanism that inhibits the growth of tumors.

Preserving The Womb Of The Unknown Species With Hotspots Legislation, John Charles Kunich

UC Law Journal

The concept of "hotspots" is a cutting-edge biodiversity topic that has never received scholarly legal analysis until now. Recent credible scientific research indicates that most of the species on earth are concentrated within only a few ecosystems called hotspots. However, the current global extinction crisis, raging without any effective legal control, threatens these hotspots and the species they harbor. It is a matter of the highest importance to preserve the hotspots in the face of increasing threats from development, pollution, and other pressures.

This Article begins by tracing the history and science of extinction, including evidence as to the magnitude …

Textualism’S Limits On The Administrative State: Of Isolated Waters, Barking Dogs, And Chevron, Michael P. Healy

Law Faculty Scholarly Articles

In Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, the U.S. Supreme Court recently held that the U.S. Army Corps of Engineers (the Corps) does not have authority under the Clean Water Act (the Act or the CWA) to regulate the filling of “other waters.” This decision demonstrates a major shift in the Court's approach to statutory interpretation, particularly in the context of reviewing an agency’s understanding of a statute. The significance of the case is best gauged by contrasting it with United States v. Riverside Bayview Homes, Inc. There, the Court, acting …

Congress Shall Make No Law Abridging Freedom Of Speech - Even If It Causes Our Children To Kill?, Rupal Ruparel Dalal

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Genetics And Toxic Torts, Gary E. Marchant

Seton Hall Law Review

No abstract provided.

Can We Rely On The Alleged Constitutional Right To Informational Privacy To Secure Genetic Privacy In The Courtroom?, Edward J. Imwinkelried

Seton Hall Law Review

No abstract provided.

Bioethical Objections To Dna Databases For Law Enforcement: Questions And Answers, D.H. Kaye

Seton Hall Law Review

No abstract provided.

Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor

International Bulletin of Political Psychology

This article highlights social cognitions that seem to impede cost-effective approaches to AIDS prevention.

Nato's War In Kosovo And The Final Report To The Prosecutor Of The International Criminal Tribunal For The Former Yugoslavia, Aaron Schwabach

Law Faculty Scholarship

This Article addresses the report by the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) concerning war crimes allegedly committed by the North Atlantic Treaty Organization (NATO) during the conduct of its war with Yugoslavia. International law regarding the conduct of war, or jus in bello, governs what are popularly thought of as “war crimes.” This body of law is currently in flux; while the OTP is not in any sense a rule-making body, its actions may give some guidance as to the direction that the development of this body of law will …

Trends. Human Rights And Politics: The Wrong Argument Against The International Criminal Court, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the International Criminal Court, or ICC. At issue is the contention that the ICC has been used primarily as a political tool for settling vendettas against the governments of nation-states and/or the leaders of these states instead of furthering human rights through adjudicating allegations of genocide, crimes against humanity, and war crimes.

28th Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 28th Annual Midwest/Midsouth Estate Planning Institute held by UK/CLE in July 2001.

Preparing For Bioinformatics Litigation: How Will The Courts Confront The Next Generation Of Biotechnology Patents?, Scott D. Locke, David A. Kalow

Buffalo Intellectual Property Law Journal

No abstract provided.

Living Before, Through, And With Markman: Claim Construction As A Matter Of Law, John R. Lane, Christine A. Pepe

Buffalo Intellectual Property Law Journal

No abstract provided.

Santa Clara Magazine, Volume 43 Number 1, Summer 2001, Santa Clara University

Santa Clara Magazine

2 - 150TH ANNIVERSARY MEMORIES In honor of SCU's sesquicentennial year, alumni reflect on their Bronco experiences.

4 - "SHEN FU" LEARNED THE GRACE OF ANGER By Tennant Wright, S.J. A friend shares his memories of Philip Oliger, S.J., who taught him that "passion is the sign that we are alive."

14 - WINGING IT By Adam Breen. Professor Bill Stover is a volunteer pilot for The Flying Doctors, a humanitarian group that brings free basic health and dental care to underprivileged communities in Mexico.

18 - SAVING GRACE By Elizabeth Kelly Gillogly '93. Santa Clara University's 150 years come …

Idea, Positive Behavioral Supports, And School Safety Special Education, Rutherford H. Turnbull Iii, Brennan L. Wilcox, Ann P. Turnbull, Wayne Sailor

The Journal of Law and Education

No abstract provided.

The Millennium Assembly Presents Opportunities To Strengthen International Human Rights Protection, Amy Bucossi

NYLS Journal of Human Rights

No abstract provided.

The United Nations Commission On Sustainable Development, Joseph Tornberg

NYLS Journal of Human Rights

No abstract provided.

The Blurred Line Between Aiding Progress And Sanctioning Abuse: United States Appropriations, The Unfpa And Family Planning In The P.R.C., Tara A. Gellman

NYLS Journal of Human Rights

No abstract provided.

Appellate Practice And Procedure, William M. Droze, Suzanne F. Sturdivant

Mercer Law Review

In 2000 the United States Court of Appeals for the Eleventh Circuit was called upon to decide high profile and difficult issues. It helped determine the fate of young Elian Gonzalez and the course of President Bush and former Vice President Al Gore's legal battles for the presidency. Yet some of these decisions-and many others-turned on less sensational procedural questions. This Article examines the role that procedural issues have played in the court's recent opinions. It is intended to help practitioners gauge trends in the court's approach to interlocutory matters; timeliness of notice of appeal and presentation of argument; the …

Closing A Discrimination Loophole: Using Title Vii's Anti-Retaliation Provision To Prevent Employers From Requiring Unlawful Arbitration Agreements As Conditions Of Continued Employment, Sidney Charlotte Reynolds

Washington Law Review

Courts have long viewed mandatory arbitration agreements (MAAs) as contract provisions that employees may accept or decline based on the common law doctrine of employment at-will. However, employees may see such MAAs as attempts to curtail Title VII rights and may refuse to sign them. Title VII prohibits employers from retaliating against employees who oppose discriminatory employment practices. A legal loophole has developed where some employers seek explicitly or implicitly to exempt themselves from Title VII's provisions by drafting MAAs that eliminate statutory rights and remedies from the arbitration process or deter employees from filing discrimination claims altogether. The U.S. …

Grandparent Visitation Rights In South Carolina In The Wake Of Troxel V. Granville, M R. Mcmahn Jr.

South Carolina Law Review

No abstract provided.

The Idea Of Progress In Copyright Law, Michael D. Birnhack

Buffalo Intellectual Property Law Journal

No abstract provided.

Got "Hormone-Free" Milk?: Your State May Have Enough Interest To Let You Know, Jennifer R. Thornley

Indiana Law Journal

No abstract provided.

Embryonic Stem Cell Research As An Ethical Issue: On The Emptiness Of Symbolic Value, Kevin Quinn

Faculty Publications

The ability to generate a wide variety of stem cell lines (in relatively renewable tissue cultures) opens up a whole new world of breathtaking possibilities for science and medicine. The possibilities include: "in vitro studies of normal embryo-genesis, human gene discovery, and drug and teratogen testing and as a renewable source of cells for tissue transplantation, cell replacement, and gene therapies." But it also opens up a world of complications.

Human EG and ES cells must be recovered from aborted fetuses or live embryos. Because primordial gonadal tissue is removed from fetuses after their death, the derivation of EO cells …

A Forum For Women's Voices: Mediation Through A Feminist Jurisprudential Lens, Kate Mccabe

Northern Illinois University Law Review

This article explores the potential that mediation offers to women as a forum to tell their stories in their own voices. Part I explains the process of mediation. Part II examines the interplay of law, mediation and women, suggesting that the adversarial system has failed to acknowledge women and neglected to hear their voices or listen to their stories. This section also investigates the role of mediation within the legal system and the dangers adherent in that position. Part III introduces feminism and feminist jurisprudence. Part IV looks at mediation as an alternative process and explores the vitality of an …

Public International Law: Environmental Law, Gilbert M. Bankobeza, Susan Biniaz, Clare Breidenich, Melanne Andromecca Civic, Gabriel E. Eckstein, David Favre, Paul E. Hagen, Teresa Hobgood, Karissa Taylor Kovner, Gregory F. Maggio, Howard Mann, Darlene A. Pearson, Margaret F. Spring, Katherine E. Mills, David W. Wagner, John Barlow Weiner

Faculty Scholarship

Noteworthy international activity relating to the environment occurred in a wide variety of fora in 2000. This chapter provides brief updates on some of the most significant developments. Though by no means a comprehensive review, the chapter reflects the wide sweep of issues and large number of entities now involved in the development of international environmental law, at the start of this new century. It also reflects how critical and complex this international work is, and how much remains to be done.

Predictably Incoherent Judgments, Cass R. Sunstein, Daniel Kahneman, David Schkade, Ilana Ritov

Coase-Sandor Institute for Law & Economics Research Paper Series

When people make moral or legal judgments in isolation, they produce a pattern of outcomes that they would themselves reject, if only they could see that pattern as a whole. A major reason is that human thinking is category-bound. When people see a case in isolation, they spontaneously compare it to other cases that are mainly drawn from the same category of harms. When people are required to compare cases that involve different kinds of harms, judgments that appear sensible when the problems are considered separately often appear incoherent and arbitrary in the broader context. Another major source of incoherence …