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Full-Text Articles in Law
Private Certifiers And Deputies In American Health Care, Frank A. Pasquale
Private Certifiers And Deputies In American Health Care, Frank A. Pasquale
Faculty Scholarship
So-called “public programs” in U.S. health care pervasively contract with private entities. The contracting does not merely involve the purchase of drugs, devices, information technology, insurance, and medical care. Rather, government agencies are increasingly outsourcing decisions about the nature and standards for such goods and services to private entities. This Article will examine two models of outsourcing such decisions. In private licensure, firms offer a stamp of approval to certify that a given technology or service is up to statutory or regulatory standards. Via deputization, firms can pursue a regulatory or law enforcement role to correct (and even punish) providers …
Global Environmental Law At A Crossroads: Introduction, Robert V. Percival, Jolene Lin, William Piermattei
Global Environmental Law At A Crossroads: Introduction, Robert V. Percival, Jolene Lin, William Piermattei
Faculty Scholarship
No abstract provided.
The Naked Fiduciary, Michelle M. Harner, Jamie Marincic
The Naked Fiduciary, Michelle M. Harner, Jamie Marincic
Faculty Scholarship
Business law is grounded in the common law of fiduciary duty. Courts and policymakers have been loath to abandon that principle. Yet, particularly in the contractual context of limited liability companies (LLCs), the fiduciary label is illusory and may undercut sound governance practices for those entities. This Article presents an in-depth empirical study about governance provisions included in LLC operating agreements and examines the implications of the data in the context of various types of businesses that might choose to organize as LLCs. The Article uses the data and related case studies to offer a new approach to LLC governance …
"Public-Private" Health Law: Multiple Directions In Public Health, Nan D. Hunter
"Public-Private" Health Law: Multiple Directions In Public Health, Nan D. Hunter
Journal of Health Care Law and Policy
No abstract provided.