Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 138

Full-Text Articles in Law

The Stark Law In Retrospect, Patrick A. Sutton Jan 2011

The Stark Law In Retrospect, Patrick A. Sutton

Annals of Health Law and Life Sciences

Considering the ultimate goals of preventing the over-utilization of medical services and protecting the Medicare program, are the numerous phases of the Stark Law and their concomitant regulations effective; or, conversely, has the legislation served to impede entrepreneurialism among physicians to the detriment of innovations and better integration in the delivery of medical treatment? This article endeavors to answer the above question through an analysis of the policy goals behind the legislation; the evolution of its regulations; its effect on competitiveness in the field of medicine; and the ethical considerations implicated by the issue of physician self-referral. It further offers …


Is State Power To Protect Health Compatible With Substantive Due Process Rights?, Allan J. Jacobs Jan 2011

Is State Power To Protect Health Compatible With Substantive Due Process Rights?, Allan J. Jacobs

Annals of Health Law and Life Sciences

Public health laws may mandate drastic limitations on individual liberty, such as forced medication and quarantine. This results in a tension between public health laws and guarantees of liberty such as the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. The Supreme Court has resolved this tension in favor of one or the other of these legal principles, depending on the facts and issues involved. Nevertheless, Supreme Court jurisprudence is internally consistent. The Court has applied a level of scrutiny that, while rigorous, is more flexible than strict scrutiny. I denote this as "enhanced …


Table Of Contents, Annals Of Health Law Jan 2011

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum Jan 2011

Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum

Annals of Health Law and Life Sciences

No abstract provided.


From Clinical Integration To Accountable Care, Mark Shields Jan 2011

From Clinical Integration To Accountable Care, Mark Shields

Annals of Health Law and Life Sciences

Four key challenges to reforming health care organizations can be addressed by a clinical integration model patterned after Advocate Physician Partners (APP). These challenges are: predominance of small group practices, dominant fee-for-service reimbursement methods, weaknesses of the traditional hospital medical staff structure and a need to partner with commercial insurance companies. APP has demonstrated teamwork between 3800 physicians and hospitals to improve quality, patient safety and cost-effectiveness. Building on this model, an innovative contract with Blue Cross Blue Shield of Illinois serves as a prototype for a commercial Accountable Care Organization. For this contract to succeed, APP must outperform the …


The Schizophrenia Of Physician Extender Utilization, Thomas R. Mclean Jan 2011

The Schizophrenia Of Physician Extender Utilization, Thomas R. Mclean

Annals of Health Law and Life Sciences

The Patient Protection and Affordable Care Act of 2010 provides incentives for healthcare to be delivered by Affordable Care Organizations (ACOs). The public face of many, if not most, ACOs is likely to be the Patient Centered Medical Home (PCMHs), a business structure that evolved from Retail Medical Clinics, which made greater use of physician extenders (PAs). Accordingly, this paper examines the evolution and structure of PCMHs as well as how the PCMH is regulated. As neither legal or market regulatory mechanisms are ideal for policing business structures that employ PAs, this paper concludes that the tort reform most appropriate …


Table Of Contents, International Law Review Jan 2011

Table Of Contents, International Law Review

Loyola University Chicago International Law Review

No abstract provided.


Crossing The Crossroads: Making Competition Law Effective In Pakistan, Joseph Wilson Jan 2011

Crossing The Crossroads: Making Competition Law Effective In Pakistan, Joseph Wilson

Loyola University Chicago International Law Review

No abstract provided.


A Comparative Analysis Of The Chinese And Czech Legal Systems: Which System Is More Favorable To And Provides More Stability For Foreign Direct Investment?, Katherine L. Brown Jan 2011

A Comparative Analysis Of The Chinese And Czech Legal Systems: Which System Is More Favorable To And Provides More Stability For Foreign Direct Investment?, Katherine L. Brown

Loyola University Chicago International Law Review

No abstract provided.


Defining And Defending The Right To Water And Its Minimum Core: Legal Construction And The Role Of National Jurisprudence, George S. Mcgraw Jan 2011

Defining And Defending The Right To Water And Its Minimum Core: Legal Construction And The Role Of National Jurisprudence, George S. Mcgraw

Loyola University Chicago International Law Review

No abstract provided.


Genocide, Inc.: Corporate Immunity To Violations Of International Law After Kiobel V. Royal Dutch Petroleum, Geoffrey Pariza Jan 2011

Genocide, Inc.: Corporate Immunity To Violations Of International Law After Kiobel V. Royal Dutch Petroleum, Geoffrey Pariza

Loyola University Chicago International Law Review

No abstract provided.


Table Of Contents, Loyola University Chicago International Law Review Jan 2011

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.


The Law Of War In The War Against Terrorism, Michael A. Newton Jan 2011

The Law Of War In The War Against Terrorism, Michael A. Newton

Loyola University Chicago International Law Review

No abstract provided.


The Somali Piracy Challenge: Operational Partnering, The Rule Of Law, And Capacity Building, Brian Wilson Jan 2011

The Somali Piracy Challenge: Operational Partnering, The Rule Of Law, And Capacity Building, Brian Wilson

Loyola University Chicago International Law Review

No abstract provided.


The Bush Doctrine And The Use Of Force: Reflections On Rule Construction And Application, Paul F. Diehl, Shyam Kulkarni, Adam Irish Jan 2011

The Bush Doctrine And The Use Of Force: Reflections On Rule Construction And Application, Paul F. Diehl, Shyam Kulkarni, Adam Irish

Loyola University Chicago International Law Review

No abstract provided.


Editor's Note On The Targeted Killing Of Anwar Al-Aulaqi, Matthew Leavitt Jan 2011

Editor's Note On The Targeted Killing Of Anwar Al-Aulaqi, Matthew Leavitt

Loyola University Chicago International Law Review

No abstract provided.


Litigating The Long War On Terror: The Role Of Al-Aulaqi V. Obama, Lesley Wexler Jan 2011

Litigating The Long War On Terror: The Role Of Al-Aulaqi V. Obama, Lesley Wexler

Loyola University Chicago International Law Review

No abstract provided.


Potential Pitfalls Of "Strategic Litigation": How The Al-Aulaqi Lawsuit Threatened To Undermine International Humanitarian Law, Michael W. Lewis Jan 2011

Potential Pitfalls Of "Strategic Litigation": How The Al-Aulaqi Lawsuit Threatened To Undermine International Humanitarian Law, Michael W. Lewis

Loyola University Chicago International Law Review

No abstract provided.


War And The Vanishing Battlefield, Frederic Megret Jan 2011

War And The Vanishing Battlefield, Frederic Megret

Loyola University Chicago International Law Review

No abstract provided.


Debt Settlement: New Illinois Law Provides Significant Consumer Relief, Loren G. Renner Jan 2011

Debt Settlement: New Illinois Law Provides Significant Consumer Relief, Loren G. Renner

Loyola Consumer Law Review

No abstract provided.


Anti-Smoking Legislation: Why Strong Local Legislation & Action Better Protect The Consumer Than Federal Legislation & Action, Eryk Wachnik Jan 2011

Anti-Smoking Legislation: Why Strong Local Legislation & Action Better Protect The Consumer Than Federal Legislation & Action, Eryk Wachnik

Loyola Consumer Law Review

No abstract provided.


Killing "Zombie Debt" Through Clarity And Consistency In The Fair Debt Collection Practices Act, Young Walgenkim Jan 2011

Killing "Zombie Debt" Through Clarity And Consistency In The Fair Debt Collection Practices Act, Young Walgenkim

Loyola Consumer Law Review

No abstract provided.


Mctorts: The Social And Legal Impact Of Mcdonald's Role In Tort Suits, Caroline Forell Jan 2011

Mctorts: The Social And Legal Impact Of Mcdonald's Role In Tort Suits, Caroline Forell

Loyola Consumer Law Review

No abstract provided.


Condo Developers And Fiduciary Duties: An Unlikely Pairing?, Alisa M. Levin Jan 2011

Condo Developers And Fiduciary Duties: An Unlikely Pairing?, Alisa M. Levin

Loyola Consumer Law Review

No abstract provided.


I Would, But I Need The Eggs: Why Neither Exit Nor Voice Substantially Limits Big City Corruption, David Schleicher Jan 2011

I Would, But I Need The Eggs: Why Neither Exit Nor Voice Substantially Limits Big City Corruption, David Schleicher

Loyola University Chicago Law Journal

No abstract provided.


The Distance Imperative: A Different Way Of Thinking About Public Official Corruption Investigations/Prosecutions And The Federal Role, Norman Abrams Jan 2011

The Distance Imperative: A Different Way Of Thinking About Public Official Corruption Investigations/Prosecutions And The Federal Role, Norman Abrams

Loyola University Chicago Law Journal

No abstract provided.


Filling The Void: The Case For The Repudiating And Replacing Illinois' Void Sentence Rule, Kristopher N. Classen, Jack O'Malley Jan 2011

Filling The Void: The Case For The Repudiating And Replacing Illinois' Void Sentence Rule, Kristopher N. Classen, Jack O'Malley

Loyola University Chicago Law Journal

No abstract provided.


Worldview Diversity In The Boardroom: A Law And Social Equity Rationale, Regina F. Burch Jan 2011

Worldview Diversity In The Boardroom: A Law And Social Equity Rationale, Regina F. Burch

Loyola University Chicago Law Journal

No abstract provided.


Taking Economic Human Rights Seriously After The Debt Crisis, Steven A. Ramirez Jan 2011

Taking Economic Human Rights Seriously After The Debt Crisis, Steven A. Ramirez

Loyola University Chicago Law Journal

No abstract provided.


Derivatives: A Twenty-First Century Understanding, Timothy E. Lynch Jan 2011

Derivatives: A Twenty-First Century Understanding, Timothy E. Lynch

Loyola University Chicago Law Journal

Derivatives are commonly defined as some variation of the following: financial instruments whose value is derived from the performance of a secondary source such as an underlying bond, commodity, or index. This definition is both over-inclusive and under-inclusive. Thus, not surprisingly, even many policy makers, regulators, and legal analysts misunderstand them. It is important for interested parties such as policy makers to understand derivatives because the types and uses of derivatives have exploded in the last few decades and because these financial instruments can provide both social benefits and cause social harms. This Article presents a framework for understanding modern …