Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Children as witnesses (8)
- Evidence (8)
- Evidence (Law) (8)
- Hearsay (8)
- Judicial power (8)
-
- Children & youth (7)
- Constitutional law (7)
- Analysis (6)
- Child abuse (6)
- Politics (6)
- Children (5)
- Democracy (5)
- Managed care plans (Medical care) (5)
- Psychological aspects (5)
- Civil rights (4)
- Comparative analysis (4)
- Managed care (4)
- Witnesses (4)
- Campaign finance reform (3)
- Constitutional amendments (3)
- Freedom of speech (3)
- Health maintenance organizations (3)
- Health services administration (3)
- Litigation (3)
- Management (3)
- Political aspects (3)
- Psychology (3)
- Reforms (3)
- Usage (3)
- Bill of Rights-US (2)
Articles 1 - 30 of 40
Full-Text Articles in Law
A Copernican View Of Health Care Antitrust, William M. Sage, Peter J. Hammer
A Copernican View Of Health Care Antitrust, William M. Sage, Peter J. Hammer
Law and Contemporary Problems
Sage and Hammer use the analogy of Copernican astronomy to suggest that understanding the dramatic change wrought by managed care requires a conceptual reorientation regarding the meaning of competition in health care and its appropriate legal and regulatory oversight. Both share the belief that misperceiving the world limits potential for technical and social progress.
Is The Health Care Revolution Finished? — A Foreword, Clark C. Havighurst
Is The Health Care Revolution Finished? — A Foreword, Clark C. Havighurst
Law and Contemporary Problems
No abstract provided.
Using Managed Care Tools In Traditional Medicare — Should We? Could We?, Robert A. Berenson, Dean M. Harris
Using Managed Care Tools In Traditional Medicare — Should We? Could We?, Robert A. Berenson, Dean M. Harris
Law and Contemporary Problems
Berenson and Harris consider whether the most controversial tools of managed care, including selective contracting, gatekeeping, and prior authorization, should be adopted in the Medicare program. On policy and practical political grounds, they do not recommend selective contracting or gatekeeping. Nevertheless, Medicare should be granted the authority to have preferred providers and case management programs that could treat providers differently and could permit certain beneficiaries to receive additional, off-policy benefits.
How The Health Care Revolution Fell Short, Clark C. Havighurst
How The Health Care Revolution Fell Short, Clark C. Havighurst
Law and Contemporary Problems
Managed Care I proved itself a poor public servant was appropriately deposed in the counter-revolution it inspired. Managed Care II apparently believes that, by cultivating a more benevolent image than its predecessor, it will be able to hang onto power and ride out any "perfect storm" that may be brewing and that its members can survive as private functionaries in a market increasingly dominated and controlled by government.
The Quality Of Managed Care: Evidence From The Medical Literature, Joseph Gottfried, Frank A. Sloan
The Quality Of Managed Care: Evidence From The Medical Literature, Joseph Gottfried, Frank A. Sloan
Law and Contemporary Problems
Gottfried and Sloan examine the empirical evidence, drawn from the medical literature, pertaining to the safety of managed care practices. They seek to ground the ongoing debate on the medical merits of managed care organizations in the science of clinical research.
Back To The Future: The Managed Care Revolution, Gail B. Agrawal, Howard R. Veit
Back To The Future: The Managed Care Revolution, Gail B. Agrawal, Howard R. Veit
Law and Contemporary Problems
The evolution to a managed care system did not achieve the complete, fundamental change in the health care delivery system that was envisioned by some of its early proponents. As the managed care movement evolved beyond the prepaid group practice model, it focused primarily on methods used to spread the cost of health care services.
Market Failures And The Evolution Of State Regulation Of Managed Care, Frank A. Sloan, Mark A. Hall
Market Failures And The Evolution Of State Regulation Of Managed Care, Frank A. Sloan, Mark A. Hall
Law and Contemporary Problems
Sloan and Hall reflect on whether the market defects identified explain why the managed care revolution has stalled and whether patient protection laws can help put managed care back on track. From a perspective of reliance on market forces to achieve socially desirable outcomes, the fundamental failure of managed care is the failure to produce competing systems of health care delivery that force competitive processes and consumer choice to focus on trade-offs between the cost and quality of care.
The Theory And Practice Of Disclosing Hmo Physician Incentives, Mark A. Hall
The Theory And Practice Of Disclosing Hmo Physician Incentives, Mark A. Hall
Law and Contemporary Problems
Despite the widespread consensus that physician incentives under managed care should be disclosed, there is little agreement on the who, what, when, and how of disclosure, nor is there agreement on the primary purpose of disclosure. Three forms of market failure point to three distinct, but overlapping purposes of disclosure, each of which points toward different forms, sources and contents of disclosures.
The Supply And Demand Sides Of Judicial Policy-Making (Or, Why Be So Positive About The Judicialization Of Politics?), Cornell W. Clayton
The Supply And Demand Sides Of Judicial Policy-Making (Or, Why Be So Positive About The Judicialization Of Politics?), Cornell W. Clayton
Law and Contemporary Problems
A major reason that many people are intensely interested in who sits on the Supreme Court is that legal decisions can have great influence on the effectuation or frustration of political objectives. Clayton does not view the trend toward the "judicialization" of politics as necessarily antithetical to democratic values because Court decisions are within the mainstream of contemporary political values and electoral preferences.
Foreword: The Law Of Politics, Christopher H. Schroeder
Foreword: The Law Of Politics, Christopher H. Schroeder
Law and Contemporary Problems
No abstract provided.
Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger
Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger
Law and Contemporary Problems
Munger comments on John Ferejohn's recent article in which Ferejohn examines some key issues raised by the exercise of legislative power by the judicial branch. Ferejohn claims that Americans have chosen to accept the judicialization of politics, leaving the courts the option of exercising power inappropriately. Munger argues that while the courts do have power, they forebear from exercising it for long periods of time.
Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder
Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder
Law and Contemporary Problems
Deliberative democracy is one of the most discussed contemporary political theories. Schroeder argues that its central claim can be understood as the claim that politics needs to become more like law. While specific recommendations to make specific decision processes more deliberative are fair, the attempt to efface the distinctively non-lawlike attributes of politics entirely cannot withstand scrutiny.
Judicializing Politics, Politicizing Law, John Ferejohn
Judicializing Politics, Politicizing Law, John Ferejohn
Law and Contemporary Problems
Since WWII there has been a profound shift in power away from legislatures and toward courts and other legal institutions around the world. It is no surprise that appointments to both the US Supreme Court and to other federal courts have become partisan political issues. Ferejohn argues that what is at stake, institutionally, is the allocation of legislative power--the power to establish general rules of prospective application.
Deliberation Disconnected: What It Takes To Improve Civic Competence, Arthur Lupia
Deliberation Disconnected: What It Takes To Improve Civic Competence, Arthur Lupia
Law and Contemporary Problems
Lupia argues that the suggestions of those who advocate deliberative democracy to incorporate more and more law-like precepts into politics will not achieve the ultimate ambition of deliberative theory, which is to have the resolution of disputes turn on nothing but the force of the better argument. Lupia discusses mechanisms to build civic competence by creating conditions in which the better argument has an improved change of winning the battle.
Deliberative Democracy And Campaign Finance Reform, Neil Kinkopf
Deliberative Democracy And Campaign Finance Reform, Neil Kinkopf
Law and Contemporary Problems
Deliberative theory is concerned with the problem of dissensus and justification--the exercise of state power is justified through a process of public reasoning. Kinkopf examines deliberative theory and illustrates its problems through the campaign finance reform debate.
Bush V. Gore And The French Revolution: A Tentative List Of Some Early Lessons, Sanford Levinson
Bush V. Gore And The French Revolution: A Tentative List Of Some Early Lessons, Sanford Levinson
Law and Contemporary Problems
Levinson examines the Supreme Court's decision in "Bush v. Gore" as an entry-point into understanding American constitutional culture. "Law," as people ordinarily think of it, may be much less important than people might believe (or hope) with regard to controlling politics. But "law" in another way may have Americans gripped within a constitutional iron cage that makes it next to impossible to engage in a cogent discussion of what might ail contemporary American polity and, concomitantly, what might be needed by way of reforms.
The First Amendment In A Time That Tries Men’S Souls, Susan Gellman
The First Amendment In A Time That Tries Men’S Souls, Susan Gellman
Law and Contemporary Problems
Government requests to suspend civil liberties are always rationalized by "crisis." In the aftermath of the terrorist attacks of Sep 11, 2001, not only legal scholars but all Americans wondered what the civil liberties fallout would be. A particular area of concern was, and still is, the First Amendment protections, especially of speech and press.
The Fourth Amendment In The Twenty-First Century: Technology, Privacy, And Human Emotions, Andrew E. Taslitz
The Fourth Amendment In The Twenty-First Century: Technology, Privacy, And Human Emotions, Andrew E. Taslitz
Law and Contemporary Problems
Police and local political officials in Tampa FL argued that the FaceIt system promotes safety, but privacy advocates objected to the city's recording or utilizing facial images without the victims' consent, some staging protests against the FaceIt system. Privacy objects seem to be far more widely shared than this small protest might suggest.
The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan
The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan
Law and Contemporary Problems
In Dec 2000, the European heads of government, meeting in Nice France, took several momentous steps in the constitutional development of the EU. Potentially, the Nice Summit will mark a major milepost on the road to a European bill of rights. Assuming the member states ultimately enact remedial measures, including judicial protection, the transition may prove no less influential than the adoption of the Bill of Rights in the US.
The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan
The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan
Law and Contemporary Problems
Today, the influence of the US Bill of Rights can be traced through its remote offspring, including the Helsinki Agreement, the German Basic Law, the post-war French constitutions, and the European Convention on Human Rights. These documents have influenced recent developments in the emerging democracies of eastern and central Europe.
Rights In Conflict: The First Amendment’S Third Century, Robert M. O'Neil
Rights In Conflict: The First Amendment’S Third Century, Robert M. O'Neil
Law and Contemporary Problems
O'Neil has witnesses the resolution, or at least the clarification, of many free speech and press issues. There are, however, persistent issues that deserve particularly close scrutiny. Three such issues are tensions between free expression and privacy, civility, and equality.
Second Thoughts, Akhil Reed Amar
Second Thoughts, Akhil Reed Amar
Law and Contemporary Problems
By now it is evident that legislators need to understand how all the words of the Second Amendment fit together, and how they, in turn, mesh with other words in the Constitution. Most gun control proposals seek to regulate rather than prohibit, limiting the amount and type of ammunition, restricting the number of guns one can buy, and so on.
Telling Miller’S Tale: A Reply To David Yassky, Brannon P. Denning, Glenn H. Reynolds
Telling Miller’S Tale: A Reply To David Yassky, Brannon P. Denning, Glenn H. Reynolds
Law and Contemporary Problems
A recent article by Professor David Yassky suggests that there is a segment of legal academia that dissents from the Standard model and has started to generate alternatives to the Standard Model. Denning and Reynolds critique that part of Yassky's theory dismissing "United States v. Miller" as providing the basis for an individual rights interpretation of the Second Amendment.
Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski
Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski
Law and Contemporary Problems
The Bill of Rights of the US Constitution served as both a model and anti-model for the constitutionalization of citizens' rights in the new democracies emerging after the fall of communism in Central and Eastern Europe. The most striking contrast between the US Bill of Rights and postcommunist constitutional charters of rights is the absence in the former, and the inclusion in the latter, of catalogues of so-called "positive," socioeconomic rights.
Foreword, James E. Coleman Jr., Barry Sullivan
Foreword, James E. Coleman Jr., Barry Sullivan
Law and Contemporary Problems
No abstract provided.
“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel
“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel
Law and Contemporary Problems
Matthew Hale is a white supremacist who likes to attract media attention. He set himself up as the leader of a racist "church" called the World Church of the Creator and immediately went about attempting to put an articulate, polite face on the organization. Hale's application to become a licensed attorney in Illinois, his subsequent denial and the litigation that followed are discussed.
Hearsay Exceptions: Adjusting The Ratio Of Intuition To Psychological Science, John E. B. Myers, Ingrid Cordon, Simona Ghetti, Gail S. Goodman
Hearsay Exceptions: Adjusting The Ratio Of Intuition To Psychological Science, John E. B. Myers, Ingrid Cordon, Simona Ghetti, Gail S. Goodman
Law and Contemporary Problems
Myers explores hearsay exeptions by examining three exceptions: excited utterances, statements for purposes of diagnosis or treatment, and the residual hearsay exception. The focus is child declarants, and these exceptions play key roles in child abuse litigation.