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Articles 1 - 30 of 66
Full-Text Articles in Law
Abusing The Patient: Medicare Fraud And Abuse And Hospital-Physician Incentive Plans, Kathryn A. Krecke
Abusing The Patient: Medicare Fraud And Abuse And Hospital-Physician Incentive Plans, Kathryn A. Krecke
University of Michigan Journal of Law Reform
Part I provides a background discussion of the PPS, DRGs, and incentive plans. Part II focuses on the fraud and abuse provisions of the Medicare statute and argues that incentive plans violate the plain language · of the statute, which prohibits any knowing and willful remuneration for the inducement of referrals. Part III concentrates on the fraudulent and abusive practices that incentive plans encourage. The plans frustrate legislative intent because they encourage practices that subvert the cost-containment purposes of the PPS and have an adverse effect on patient care.
Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney
Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney
Indiana Law Journal
No abstract provided.
Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
West Virginia Law Review
No abstract provided.
Beyond Bradley: A Critique Of Comparative Contribution In West Virginia And Proposals For Legislative Reform, James B. Stoneking
Beyond Bradley: A Critique Of Comparative Contribution In West Virginia And Proposals For Legislative Reform, James B. Stoneking
West Virginia Law Review
No abstract provided.
Ammunition For Victims Of Saturday Night Specials: Manufacturer Liability Under Kelley V. R.G. Industries, Inc
Washington and Lee Law Review
No abstract provided.
Liability Of A Public Officer For Nonfeasance Under 42 U.S.C. § 1983
Liability Of A Public Officer For Nonfeasance Under 42 U.S.C. § 1983
Washington and Lee Law Review
No abstract provided.
Guest Statute Applicability To Motor Driven Golf Carts
Guest Statute Applicability To Motor Driven Golf Carts
Washington and Lee Law Review
No abstract provided.
No Pain—No Gain—Should Personal Injury Damages Keep Their Tax Exempt Status, Douglas K. Chapman
No Pain—No Gain—Should Personal Injury Damages Keep Their Tax Exempt Status, Douglas K. Chapman
University of Arkansas at Little Rock Law Review
No abstract provided.
Intentional Infliction Of Emotional Distress By Spiritual Counselors: Can Outrageous Conduct Be "Free Exercise"?, Lee W. Brooks
Intentional Infliction Of Emotional Distress By Spiritual Counselors: Can Outrageous Conduct Be "Free Exercise"?, Lee W. Brooks
Michigan Law Review
Part I explains the extent to which courts are competent to decide the threshold question of whether particular conduct is religious. Part II describes the balancing test put forward by the Supreme Court for evaluating free exercise claims, and derives criteria relevant to spiritual counseling from cases involving such claims. Part III summarizes the pertinent criteria and reviews the ways they may be employed to systematize the treatment of spiritual counseling cases.
Alternatives To Manufacturer Liability For Injuries Caused By The Sabin-Type Oral Polio Vaccines, Faye F. Spence
Alternatives To Manufacturer Liability For Injuries Caused By The Sabin-Type Oral Polio Vaccines, Faye F. Spence
William & Mary Law Review
No abstract provided.
Bad Faith Breach Of Contract: Should This Infant Tort Be Allowed To Grow In North Carolina, Darrell Pope
Bad Faith Breach Of Contract: Should This Infant Tort Be Allowed To Grow In North Carolina, Darrell Pope
North Carolina Central Law Review
No abstract provided.
By What Measure: The Issue Of Damages For Wrongful Pregnancy, Ada F. Most
By What Measure: The Issue Of Damages For Wrongful Pregnancy, Ada F. Most
North Carolina Central Law Review
No abstract provided.
Keepers Of The Flame: Prosser And Keeton On The Law Of Torts, Craig Joyce
Keepers Of The Flame: Prosser And Keeton On The Law Of Torts, Craig Joyce
Vanderbilt Law Review
Rarely in the history of American legal education has one author's name been so clearly identified with his subject as the name of William L. Prosser is with the law of torts. Even today, fourteen years after his death in 1972, "Prosser on Torts" remains in the minds of students, teachers, the bench, and the bar alike a single thought, its parts indistinguishable one from the other. Indeed, the passage of time has done nothing to diminish the influence of the man on the subject. His articles remain landmarks in the development both of the literature of torts and of …
Enhanced Injury: A Direction For Washington, Stanton Phillip Beck
Enhanced Injury: A Direction For Washington, Stanton Phillip Beck
Washington Law Review
This Comment emphasizes automotive design. This is for two reasons. Most enhanced injury cases arise in this context, and, more significantly, no other product is associated with stronger public policy considerations nor affects society more broadly than the automobile. When faced with a case of first impression involving enhanced injury, courts can and should draw from many sources in developing an approach to the apportionment problem. First, the courts should look to the treatment enhanced injury cases have received in other jurisdictions. Second, they should seek guidance and analogize, if possible, from established tort doctrines. Finally, and most importantly, they …
Tort Law Reform: Strict Liability And The Collateral Source Rule Do Not Mix, Victor E. Schwartz
Tort Law Reform: Strict Liability And The Collateral Source Rule Do Not Mix, Victor E. Schwartz
Vanderbilt Law Review
The imposition of strict liability and the simultaneous application of the collateral source rule to innocent defendants represent unfair and unsound public policy. Strict liability and the collateral source rule should not be mixed; nevertheless, our courts inadvertently blend them. A fundamental reform that would help stabilize the American tort law system is to abolish the collateral source rule in to whenever a claimant relies on a strict liability theory.The collateral source rule is appropriate only when a claimant proves that the defendant was at fault in causing an injury. There is a broad view in the United States that …
The Des Manufacturer Identification Problem: A Florida Public Policy Approach, John J. Grundhauser
The Des Manufacturer Identification Problem: A Florida Public Policy Approach, John J. Grundhauser
University of Miami Law Review
No abstract provided.
Mining With Mr. Justice Holmes, E. F. Roberts
Mining With Mr. Justice Holmes, E. F. Roberts
Vanderbilt Law Review
All of us are probably familiar with the notion that the owner of mineral rights may owe some duty of care to support the owner of the fee in his or her surface use of the land. This principle results in a binary system (the surface estate and the right of sup-port) that can be treated easily in tort law. In Pennsylvania the coal companies had owned vast areas of land. The companies had sold much of this land, reserving not only the coal, but "the right to. ..remove the same without incurring in any way liability for any damage …
A Framework For Determining Liability For Negligently Caused Economic Losses, Carl Belliston
A Framework For Determining Liability For Negligently Caused Economic Losses, Carl Belliston
BYU Law Review
No abstract provided.
Aircraft Crashworthiness: Should The Courts Set Standards?, Scott G. Lindvall
Aircraft Crashworthiness: Should The Courts Set Standards?, Scott G. Lindvall
William & Mary Law Review
No abstract provided.
The Tail Wags The Dog: Judicial Misinterpretation Of The Punitive Damages Ban In The Federal Tort Claims Act, Jeff L. Lewin
The Tail Wags The Dog: Judicial Misinterpretation Of The Punitive Damages Ban In The Federal Tort Claims Act, Jeff L. Lewin
William & Mary Law Review
No abstract provided.
Kelley V. R.G. Industries, 497 A.2d 1143 (Md. 1985), Matthew S. Steffey
Kelley V. R.G. Industries, 497 A.2d 1143 (Md. 1985), Matthew S. Steffey
Florida State University Law Review
Torts--STRICT LIABILITY-MANUFACTURERS' OR MARKETERS' LIABILITY FOR THE CRIMINAL USE OF SATURDAY NIGHT SPECIALS: A NEW COMMON LAW APPROACH
Everton V. Willard, 468 So. 2d 936 (Fla. 1985), Donna Sessions Waters
Everton V. Willard, 468 So. 2d 936 (Fla. 1985), Donna Sessions Waters
Florida State University Law Review
Torts-SOVEREIGN IMMUNITY-THE FLORIDA SUPREME COURT DECIDES LAW ENFORCEMENT OFFICERS HAVE NO DUTY TO ARREST DRUNK DRIVERS
Sovereign Immunity-Immovable Property Exception Of The Foreign Sovereign Immunities Act Of 1976 (Asociacion De Reclamantes V. United Mexican States), Frank A. Oswald
Sovereign Immunity-Immovable Property Exception Of The Foreign Sovereign Immunities Act Of 1976 (Asociacion De Reclamantes V. United Mexican States), Frank A. Oswald
NYLS Journal of International and Comparative Law
No abstract provided.
Wrong Without A Remedy - North Carolina And The Wrongful Death Of A Stillborn, Susan D. Crooks
Wrong Without A Remedy - North Carolina And The Wrongful Death Of A Stillborn, Susan D. Crooks
Campbell Law Review
This comment ... presents a legal argument supporting a civil action for the wrongful death of some stillborns and suggests that a gestational age of twenty-six weeks represents an appropriate viability standard in interpreting the North Carolina wrongful death statute. It also attempts to bridge the perceptual gap between certain aspects of medical and social sciences and the law regarding the fetus. The argument in support of the twenty-six week viability standard is presented in four parts. First, this comment illustrates why the fetus now enjoys an elevated status in society. Second, it illustrates the devastating impact of a stillbirth …
Parent-Child Tort Immunity In Illinois, Daivd L. Grobart
Parent-Child Tort Immunity In Illinois, Daivd L. Grobart
Loyola University Chicago Law Journal
No abstract provided.
Torts, Todd Smith, Scott Lane
Torts, Todd Smith, Scott Lane
Loyola University Chicago Law Journal
No abstract provided.
Tort Reform Act, Michael A. Pope, Jamie S. Freveletti
Tort Reform Act, Michael A. Pope, Jamie S. Freveletti
Loyola University Chicago Law Journal
No abstract provided.
Torts - Defamation - Public Figure Doctrine Will Be Used Expansively To Protect Media, Mark J. Foley
Torts - Defamation - Public Figure Doctrine Will Be Used Expansively To Protect Media, Mark J. Foley
Villanova Law Review
No abstract provided.
Toward A Modern Defamation Law In Virginia: Questions Answered, Questions Raised, David C. Kohler
Toward A Modern Defamation Law In Virginia: Questions Answered, Questions Raised, David C. Kohler
University of Richmond Law Review
In 1964, the United States Supreme Court decided that defamatory statements are entitled to some first amendment protection. In later cases, the Court has continued to redefine the constitutional landscape of defamation, but many questions remain unanswered. In their attempts to accommodate the Supreme Court's new doctrine, the Virginia state courts have often struggled with the task of redefining their common law rules so that they are consistent with the constitutional prescriptions. Since 1985, the Virginia Supreme Court has issued five opinions attempting to clarify various aspects of defamation law in Virginia. Part I of this article examines these opinions …
Casenotes: Joint Tort-Feasors — Contribution — Release — Joint Tort-Feasor's Payment For Pro Rata Release In Excess Of Its Pro Rata Share Operated To Satisfy Injured Party's Judgment Entered Against Nonsettling Joint Tort-Feasor. Martinez V. Lopez, 300 Md. 91, 476 A.2d 197 (1984), Daniel R. Lanier
University of Baltimore Law Review
No abstract provided.