Law Commons^™

A Theorem For Compensation Deferral: Doubling Your Blessings By Taking Your Rabbi Abroad, Henry Ordower

All Faculty Scholarship

Develops a mathematical methodology for determining whether or not to defer compensation income. Identifies special planning opportunities for United States employees of non-U.S. employers.

Managed Competition, Integrated Delivery Systems And Antitrust, Thomas L. Greaney

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A central question confronting proponents of managed competition during the health reform debate in 1994 was whether competitive networks or integrated delivery systems would emerge. Under reformers’ vision, controlling costs depended on the emergence of a sufficient number of efficient and viable integrated delivery systems. Conversely, if one or a few integrated networks dominate the market for physician or hospital services, rivalry on the main issues of health care cost control would likely dissipate. This article argues that vigilant and sensible antitrust enforcement was also a prerequisite for the success of the managed competition model. Despite the considerable emphasis on …

Urban Housing: A Strategic Role For The States, Peter W. Salsich

All Faculty Scholarship

The author argues that states have both the capacity and the opportunity to play a leading role in revitalizing national housing policy. At a time when federal housing programs were declining, state administered housing programs came to the forefront. Detailing the growth of state administered housing policies, the article notes that creative, diverse, flexible, and community planned affordable housing programs being funded by states. States also have opportunities for leadership in housing through coordinated application of state zoning powers in conjunction with state administration of federal housing programs. In conclusion, the article recommends gradually phasing out centralized federal housing in …

The Changing Nature Of The Bioethics Movement, Sandra H. Johnson

All Faculty Scholarship

Commemorating the thirtieth anniversary of the field of bioethics, this article analyzes the future of bioethics by identifying its role in intellectual history and classifying stages of its development.

Part I considers the formative role of Quinlan, where the New Jersey Supreme Court held that the withdrawal of medical treatment is legally permissible under some circumstances. Quinlan and its progeny established a legal framework for life-sustaining treatment decisionmaking, affirming the use of substituted judgment or best interests standards.

In Part II the article documents the framework shift brought by Cruzan, a high-profile case challenging a family’s authority to make medical …

Homelessness At The Millennium, Peter W. Salsich

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This article discusses the government’s response to what appeared at the time to be an overnight explosion of the homeless population in big cities and small towns as a result of major economic and social changes of the early 1980s. In order to respond effectively to underlying problems of homelessness, it explores solutions that are more comprehensive than merely building shelters. The author argues that while homelessness has a direct link to poverty, the government must also address more complex causes including, the lack of adequate mental health care, substance abuse, a decline in the availability of affordable housing, and …

Recognizing Violence Against Women: Gender And The Hate Crimes Statistics Act, Elizabeth Pendo

All Faculty Scholarship

This article argues that acts of gender-based violence should be recognized under the Hate Crimes Statistics Act of 1990, and that certain types of violence against women, such as rape, are fundamentally gender-based. Part I examines the existing definition of hate crimes under the HCSA, and the exclusion of the majority of violence against women. Part II suggests gender should be included as a category under the HCSA because of the similar effects of violence directed at women due to gender, and violence directed at members of other groups because of their group identity. Using acquaintance rape as an example, …