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Articles 1 - 3 of 3

Full-Text Articles in Law

Managed Care’S Crimea: Medical Necessity, Therapeutic Benefit, And The Goals Of Administrative Process In Health Insurance, William M. Sage Nov 2003

Managed Care’S Crimea: Medical Necessity, Therapeutic Benefit, And The Goals Of Administrative Process In Health Insurance, William M. Sage

Faculty Scholarship

This Essay explores the concept of medical necessity as it has evolved in the judicial and administrative oversight of managed care. The goals of the Essay are to illustrate the range of plausible rationales for establishing administrative procedures to govern medical necessity disputes, and to demonstrate the difficulty of incorporating into those procedures the most important professional and social responsibilities of managed care in today’s health care system. Part I of the Essay explains the ideological and practical significance of medical necessity as managed care has evolved. Part II examines medical necessity as a legal problem, and questions whether current …


Federal Maritime Commission V. South Carolina State Ports Authority: Small Iceberg Or Just The Tip?, Gordon G. Young Jul 2003

Federal Maritime Commission V. South Carolina State Ports Authority: Small Iceberg Or Just The Tip?, Gordon G. Young

Faculty Scholarship

No abstract provided.


Prosecutors And Their Agents, Agents And Their Prosecutors, Daniel C. Richman Jan 2003

Prosecutors And Their Agents, Agents And Their Prosecutors, Daniel C. Richman

Faculty Scholarship

This Article seeks to describe the dynamics of interaction between federal prosecutors and federal enforcement agents, and to suggest how these dynamics affect the exercise of enforcement discretion. After considering the virtues and pitfalls of both hierarchical and coordinate organizational modes, the Article offers a normative model that views prosecutors and agents as members of a "working group," with each side monitoring the other. It concludes by exploring how this model can be furthered or frustrated with various procedural and structural changes.