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2015

United States

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Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, Jessica Mantel Dec 2015

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 Dec 2015

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. …


“Katherine Dunham’S Mexican Adventure”, Theodore W. Cohen Nov 2015

“Katherine Dunham’S Mexican Adventure”, Theodore W. Cohen

The Confluence (2009-2020)

Katherine Dunham was an internationally recognized dancer, but her time in Mexico often gets short mention in biographies. Theodore Cohen looks at her Mexican years in the contexts of race in both Mexico and the United States.


Border Battles: The Influence Of Occupational Licensing On Interstate Migration, Morris M. Kleiner Oct 2015

Border Battles: The Influence Of Occupational Licensing On Interstate Migration, Morris M. Kleiner

Employment Research Newsletter

No abstract provided.


From Ike To Obama: The Perpetual Pivot Of American Foreign Policy, Leslie Stubbs Oct 2015

From Ike To Obama: The Perpetual Pivot Of American Foreign Policy, Leslie Stubbs

Ex-Patt Magazine

America’s touted “Pivot to Asia” marks a rebalance of US foreign policy, but it’s hardly the first time America has shifted its international focus - What the Eisenhower administration can tell us about contemporary.


A “Special Relationship” For The 21st Century: Options For Us-India Relations, Ryan Kuhns Oct 2015

A “Special Relationship” For The 21st Century: Options For Us-India Relations, Ryan Kuhns

Ex-Patt Magazine

No abstract provided.


Coming To America: An Examination Of The U.S. Immigration Debate In Its Historical Context, Julie R. Davidson Sep 2015

Coming To America: An Examination Of The U.S. Immigration Debate In Its Historical Context, Julie R. Davidson

Kaleidoscope

The United States is considered a country of immigrants, but a historical tension has existed between new arrivals and the “native” population. Policies regarding immigration have frequently mirrored the nativist fervor that is created in opposition to large influxes of immigrants. The debate about revamping immigration policy, that has been a key issue in Congress in 2006, is not surprising in an historical context. The concern about large numbers, the fear of draining social services, dilution of American culture, loss of American jobs, and the compromising of national security are all concerns that have been voiced recently, and are almost …


Banning Bribes Abroad: Us Enforcement Of The Foreign Corrupt Practices Act, Ellen Gutterman Sep 2015

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 …


An Analysis Of United States-Iran International Relations, James Tyler Chapman Aug 2015

An Analysis Of United States-Iran International Relations, James Tyler Chapman

Kaleidoscope

My research strove to further the knowledge of United States-Iran international relations through comprehensive analysis. I investigated and presented information on the internal politics of Iran, and I analyzed and commented on the organization of the government of Iran. I critically examined the historical scholarship on the affairs of state between the United States and Iran, and I investigated the current state of affairs and prospects for the future. From this understanding, it became possible and necessary for rigorously logical and insightful decisions to be made in the current political environment in which emotions and passions dominate, and I probed …


The Sweep Of The Modern Gender Gap: Is Britain Next?, Maxine Lopes Aug 2015

The Sweep Of The Modern Gender Gap: Is Britain Next?, Maxine Lopes

Political Analysis

No abstract provided.


The Power Of Ideas In Politics: Social Constructivism And Obama’S Foreign Policy In Iraq, Courtney Kayser Aug 2015

The Power Of Ideas In Politics: Social Constructivism And Obama’S Foreign Policy In Iraq, Courtney Kayser

Political Analysis

No abstract provided.


The Right To An Exclusively Religious Education--The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler Jul 2015

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 Jul 2015

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 Jul 2015

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 …


Race, Immigration Reform, And Heteropatriarchal Masculinity: Reframing The Obama Presidency, Seth N. Asumah Jun 2015

Race, Immigration Reform, And Heteropatriarchal Masculinity: Reframing The Obama Presidency, Seth N. Asumah

Wagadu: A Journal of Transnational Women's & Gender Studies

In this article, I argue that the macroscopic nature and complexity of race, hegemonic masculinity, and immigration issues in the United States put President Obama in a double bind for any attempt to secure reforms—situations which produce limited options and exposure to penalties in reaching solutions.


Security Assistance In Africa: The Case For More, Kristen A. Harkness Jun 2015

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 May 2015

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 May 2015

Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa

Georgia Journal of International & Comparative Law

No abstract provided.


The Next Time The World Is Going Downhill: America And The 1983 Ethiopian Famine, Bethany Sharpe May 2015

The Next Time The World Is Going Downhill: America And The 1983 Ethiopian Famine, Bethany Sharpe

disClosure: A Journal of Social Theory

In 1983, a massive famine struck Ethiopia. Bred by a complex array of factors, thousands of men, women, and children experienced the painful effects of this humanitarian disaster as bodies weakened and widespread death took place. Throughout the famine, an unlikely partnership took place between the Communist leader Chairman Mengistu Haile Mariam and the staunchly anti-Communist White House.[1] The partnership allowed each nation to pursue strategic foreign policy goals; the United States sought to undermine the socialist PMGSE through humanitarian aid while Mengistu attempted to salvage his government’s international reputation. Soon, global attention swirled around the issue and unlikely …


Should The United States Move Towards Portugal's Decriminalization Of Drugs?, Lauren Gallagher May 2015

Should The United States Move Towards Portugal's Decriminalization Of Drugs?, Lauren Gallagher

University of Miami International and Comparative Law Review

No abstract provided.


What's Worse, Nuclear Waste Or The United States' Failed Policy For Its Disposal?, Christopher M. Keegan May 2015

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.


The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai Apr 2015

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 Apr 2015

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.


Politics On A Human Scale: The American Tradition Of Decentralism (Book Review), Doug Vande Griend Mar 2015

Politics On A Human Scale: The American Tradition Of Decentralism (Book Review), Doug Vande Griend

Pro Rege

Reviewed Title: Politics on a Human Scale: The American Tradition of Decentralism. Lanham, Maryland: Lexington Books, 2013. 648 pp. ISBN 978-0-73918-67-49.


Lessons From China’S Carbon Markets For U.S. Climate Change Policy, Susan Vermillion Feb 2015

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 Feb 2015

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 Jan 2015

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 Jan 2015

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.


Legislating Autism Coverage: The Conservative Insurance Mandate, Lori Shealy Unumb Jan 2015

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 Jan 2015

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, …