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Full-Text Articles in Law
Clean Water Act Citizens Suits After Gwaltney: Applying Mootness Principles In Private Enforcement Actions, Reed D. Benson
Clean Water Act Citizens Suits After Gwaltney: Applying Mootness Principles In Private Enforcement Actions, Reed D. Benson
Faculty Scholarship
The Supreme Court recently held that a citizen plaintiff must make a good-faith allegation of an ongoing violation in order to bring an enforcement action under the Clean Water Act. The decision in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., will prevent citizens from bringing suit for the assessment of civil penalties solely for past violations of the Clean Water Act.
The American Jury On Trial: Psychological Perspectives (Book Review), Leo M. Romero
The American Jury On Trial: Psychological Perspectives (Book Review), Leo M. Romero
Faculty Scholarship
Book Review of S. Kassin & L. Wrightsman, The American Jury on Trial: Psychological Perspectives (1988)
When Can The Government Issue A Retroactive Medicare Reimbursement Rule? A Preview Of Bowen V. Georgetown University Hospital, Robert L. Schwartz
When Can The Government Issue A Retroactive Medicare Reimbursement Rule? A Preview Of Bowen V. Georgetown University Hospital, Robert L. Schwartz
Faculty Scholarship
The only issue before the Court is whether the Secretary of Health and Human Services can issue a regulation with entirely retroactive effect governing Medicare reimbursement for healthcare providers. The Court must decide whether such a retroactive rule is permitted by the Administrative Procedures Act (the "APA"), which defines a rule as "an agency statement of either general or particular applicability and future effect," or by the Medicare statute, which authorizes the Secretary to issue regulations to provide for the reimbursement of the "reasonable costs" of hospitals providing Medicare services.
Chronicling A Movement For Civil Rights, James W. Ellis
Chronicling A Movement For Civil Rights, James W. Ellis
Faculty Scholarship
Review of the book, The Mentally Disabled and the Law, by Jan Brakel Samuel, John Pary, and Barbara A. Weiner.
When Must A Hospital Challenge The Medicare Reimbursement Policy?, Robert L. Schwartz
When Must A Hospital Challenge The Medicare Reimbursement Policy?, Robert L. Schwartz
Faculty Scholarship
The Issue for the Court is whether the Medicare statute permits hospitals that do not formally request Medicare reimbursement for particular items in the cost reports filed with their fiscal intermediaries (who audit the reports) to seek reimbursement for those items when they appeal the fiscal intermediary's decision to the appropriate administrative board or court.
If Your Client Is Mentally Retarded, James W. Ellis, Ruth A. Luckasson
If Your Client Is Mentally Retarded, James W. Ellis, Ruth A. Luckasson
Faculty Scholarship
Introduction to defending clients who hae cognitive disabilites.
Judge Ogden Hoffman And The Northern District Court Of California, Christian G. Fritz
Judge Ogden Hoffman And The Northern District Court Of California, Christian G. Fritz
Faculty Scholarship
A transcribed speech on Ogden Hoffman and the early history of the United States District Court for the Northern District of California. The author touches upon three areas of law important to Hoffman's court: admiralty, land, and Chinese immigration. Then assess the meaning of Hoffman's judgeship in contrast to that of United States Supreme Court Associate Justice Stephen J. Field.