Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1994

Washington University in St. Louis

Discipline
Keyword
Publication

Articles 1 - 30 of 90

Full-Text Articles in Law

Foreword: Twenty-Fifth Anniversary Issue, Dorsey D. Ellis Jr. Jan 1994

Foreword: Twenty-Fifth Anniversary Issue, Dorsey D. Ellis Jr.

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Managed Competition Ii: A Proposal, Paul M. Ellwood Jan 1994

Managed Competition Ii: A Proposal, Paul M. Ellwood

Urban Law Annual ; Journal of Urban and Contemporary Law

The managed competition proposals presented by the Jackson Hole Group in September 1991 have contributed significantly to the current debate on American health care reform. Critical elements of our earlier work - purchasing cooperatives, accountable health plans, outcomes information - are instrumental to most current state initiatives and many proposals for national legislation. While these ideas have formed the basis of mainstream thinking about health care delivery, Congress and the President have not yet been able to formulate a consensus strategy for ensuring universal coverage and effective cost containment. Each proposal for federal legislation seems stymied by its inability to predict the ...


National Health Care Reform: Welfarism Out Of Context, Roberta M. Berry Jan 1994

National Health Care Reform: Welfarism Out Of Context, Roberta M. Berry

Urban Law Annual ; Journal of Urban and Contemporary Law

Policy makers unavoidably bring their own emotions and individual ethical principles to these matters affecting the universal human experiences of suffering and death. In addition, policy makers are obliged to abide by another set of ethical principles: the principles of justice that establish what is ethically right with respect to the governance of society. This Article examines these principles of justice. What principles should guide public policy decisions in the realm of universal experiences? In particular, what principles of justice should guide public policy makers contemplating reform of the national health care delivery system?


Application Of The Adea To Indian Tribes: Eeoc V. Fond Du Lac Heavy Equipment & Construction Co., 986 F.2d 246 (1993), Lindsay A. Newbold Jan 1994

Application Of The Adea To Indian Tribes: Eeoc V. Fond Du Lac Heavy Equipment & Construction Co., 986 F.2d 246 (1993), Lindsay A. Newbold

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


The College’S Emerging Duty To Supervise Students: In Loco Parentis In The 1990s, Philip M. Hirshberg Jan 1994

The College’S Emerging Duty To Supervise Students: In Loco Parentis In The 1990s, Philip M. Hirshberg

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Prescription Drug Control Under The Federal Controlled Substances Act: A Web Of Administrative, Civil, And Criminal Law Controls, Douglas J. Behr Jan 1994

Prescription Drug Control Under The Federal Controlled Substances Act: A Web Of Administrative, Civil, And Criminal Law Controls, Douglas J. Behr

Urban Law Annual ; Journal of Urban and Contemporary Law

This system of control seeks to limit the abuse of prescription medication in three ways through administrative, civil, and criminal restraints. First, it limits the quantity of prescription drugs that are produced each year. Annual quotas are established for the manufacture of controlled substances in Schedules I and II. Second, the system defines those situations in which such drugs can be legally prescribed or administered to persons in need. Third, the system attempts to deter individuals from obtaining such drugs from legitimate sources for other than legitimate needs.


Health Care Reform: “Becoming The Nation We Should Be”, Hillary Rodham Clinton Jan 1994

Health Care Reform: “Becoming The Nation We Should Be”, Hillary Rodham Clinton

Urban Law Annual ; Journal of Urban and Contemporary Law

We have tried to address this issue many times in the past under presidential leadership of both Democrats and Republicans, but we have never been able to resolve what has to be one of the most important questions for any society: How do we fairly allocate our health care resources so that every citizen is guaranteed that their health care needs will be met?


Statute Of Limitations For Employee Actions Under The Worker Adjustment And Retraining Notification Act, Jon A. Ray Jan 1994

Statute Of Limitations For Employee Actions Under The Worker Adjustment And Retraining Notification Act, Jon A. Ray

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Smoked Not Snorted: Is Racism Inherent In Our Crack Cocaine Laws?, Knoll D. Lowney Jan 1994

Smoked Not Snorted: Is Racism Inherent In Our Crack Cocaine Laws?, Knoll D. Lowney

Urban Law Annual ; Journal of Urban and Contemporary Law

This Article uses Russell as a vehicle to critically evaluate the racially discriminatory impact of the war on drugs in general, and federal and state enhanced crack penalties in particular. Part I of this Article surveys what is arguably the most severe indictment of the war on drugs: the over-incarceration of Blacks and Latinos. Part II discusses the potential for bias and discrimination in drug scheduling and penalty setting because it is impossible to base drug laws on objective criteria. Part III focuses on crack cocaine. The discussion begins with a survey of various federal and state crack laws, highlighting ...


A Structure For Legal Interpretation Of The Individuals With Disabilities Education Act: Oberti V. Board Of Education, 995 F.2d 1204 (1993), Elizabeth M. Jaffe Jan 1994

A Structure For Legal Interpretation Of The Individuals With Disabilities Education Act: Oberti V. Board Of Education, 995 F.2d 1204 (1993), Elizabeth M. Jaffe

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Health Care In America: In Perspective, In Reality, Leo Van Der Reis Jan 1994

Health Care In America: In Perspective, In Reality, Leo Van Der Reis

Urban Law Annual ; Journal of Urban and Contemporary Law

The conditions that must be satisfied in order to implement a system of universal health care for the people of the United States are: (1) access to a basic package of health care services for all Americans irrespective of their economic or social status; (2) administrative streamlining that would reduce costs and reallocate more resources to medical care giving, while maintaining total expenditures to the current fourteen percent of the gross domestic product (GDP); and (3) free choice of physician and hospital.


Enhancing Employee Productivity After Electromation And Du Pont, John S. Lapham Jan 1994

Enhancing Employee Productivity After Electromation And Du Pont, John S. Lapham

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Health Care Reform: Is 1994 The Year?, Gail R. Wilensky Jan 1994

Health Care Reform: Is 1994 The Year?, Gail R. Wilensky

Urban Law Annual ; Journal of Urban and Contemporary Law

The battle for health care reform has begun in earnest.


When Criminal Aliens Are Repeat Offenders For Purposes Of Deportation: Nguyen V. Ins, 991 F.2d 621 (10th Cir. 1993), Thomas J. Egan Jan 1994

When Criminal Aliens Are Repeat Offenders For Purposes Of Deportation: Nguyen V. Ins, 991 F.2d 621 (10th Cir. 1993), Thomas J. Egan

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


The Health Care Crisis: Improving Access For Employees Covered By Self-Insured Health Plans Under Erisa And The Americans With Disabilities Act, Laura J. Schacht Jan 1994

The Health Care Crisis: Improving Access For Employees Covered By Self-Insured Health Plans Under Erisa And The Americans With Disabilities Act, Laura J. Schacht

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Jury Sentencing In Noncapital Cases: A Case Study Of El Paso County, Texas, Robert A. Weninger Jan 1994

Jury Sentencing In Noncapital Cases: A Case Study Of El Paso County, Texas, Robert A. Weninger

Urban Law Annual ; Journal of Urban and Contemporary Law

Critics of jury sentencing in noncapital cases complain that jurors are less competent or qualified than judges to decide questions about probation or incarceration. Thus far, however, views on jury sentencing in noncapital cases have rested largely on speculation, not on empirical evidence.


Multiple Personality Disorder And The Legal System, Sarah K. Fields Jan 1994

Multiple Personality Disorder And The Legal System, Sarah K. Fields

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Health Care Market Reform: A Corporate Employer's Perspective, Herschel V. Sellers Iii Jan 1994

Health Care Market Reform: A Corporate Employer's Perspective, Herschel V. Sellers Iii

Urban Law Annual ; Journal of Urban and Contemporary Law

The initial impact of an employer mandate on large employers who already offer comprehensive health care benefits would likely be negligible, although a few adjustments to coverage would have to be made. On the other hand, the massive restructuring of health care in the private market sector will produce an unknown impact on health care cost. And while government participation in the system has its proper applications, many of the proposed interventions are improper. Adoption of any proposal that requires significant restructuring coupled with extensive governmental regulation will create severe market distortions affecting both business and health care environments indefinitely.


Post-Owbpa Developments In The Law Regarding Waivers To Adea Claims, Jill R. Bodensteiner Jan 1994

Post-Owbpa Developments In The Law Regarding Waivers To Adea Claims, Jill R. Bodensteiner

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Federal Tax Treatment Of Health Care Expenditures: Is It Part Of The Health Care Problem?, Paul J. Donahue Jan 1994

Federal Tax Treatment Of Health Care Expenditures: Is It Part Of The Health Care Problem?, Paul J. Donahue

Urban Law Annual ; Journal of Urban and Contemporary Law

Concern over the cost of health care has galvanized efforts to reform the nation's health care system in a way that concern over access by itself never succeeded in doing. During the 1980s, health care costs skyrocketed in relation to other costs of living, and the increasing costs decreased access. Access to health care thus provides the necessary social objective of a struggle in which the principal objective is to cut costs.


California’S Limits On The Right To Refuse Life Saving Treatment—“No Holds Barred?” Thor V. Superior Court, 855 P.2d 375 (Cal. 1993), Shirley A. Padmore Jan 1994

California’S Limits On The Right To Refuse Life Saving Treatment—“No Holds Barred?” Thor V. Superior Court, 855 P.2d 375 (Cal. 1993), Shirley A. Padmore

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Superpriority Status: The Solution To The Collection Of Cercla Response Costs, Susan J. Zook Jan 1994

Superpriority Status: The Solution To The Collection Of Cercla Response Costs, Susan J. Zook

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Reaffirming Realist Analysis Under The Commerce Clause, Barringer V. Griffes, 1 F.3d 1331 (2d Cir. 1993), Ian H. Morrison Jan 1994

Reaffirming Realist Analysis Under The Commerce Clause, Barringer V. Griffes, 1 F.3d 1331 (2d Cir. 1993), Ian H. Morrison

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


The “Oregon Plan” And The Ada: Toward Reconciliation, Greg Phyllip Roggin Jan 1994

The “Oregon Plan” And The Ada: Toward Reconciliation, Greg Phyllip Roggin

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


The Pennsylvania Avenue Tug-Of-War: The President Versus Congress Over The Ban On Homosexuals In The Military, Jeffrey T. Spoeri Jan 1994

The Pennsylvania Avenue Tug-Of-War: The President Versus Congress Over The Ban On Homosexuals In The Military, Jeffrey T. Spoeri

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Does Uncle Sam Deserve Part Of Your Discrimination Award? The Taxability Of Back Pay Awards Under Irc Section 104(A)(2), Steven R. Schneider Jan 1994

Does Uncle Sam Deserve Part Of Your Discrimination Award? The Taxability Of Back Pay Awards Under Irc Section 104(A)(2), Steven R. Schneider

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


A Symposium On Health Care Reform—Perspectives In The 1990s: Introduction, John S. Lapham Jan 1994

A Symposium On Health Care Reform—Perspectives In The 1990s: Introduction, John S. Lapham

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Musings During A Symposium Afternoon, David A. Lander Jan 1994

Musings During A Symposium Afternoon, David A. Lander

Washington University Law Review

In this brief musing I will describe one of the many bases for concluding that when one tracks through current American bankruptcy law, she finds that there is a series of principles that overshadow the law and economics principles. I will then compare the process by which bankruptcy law is made in the United States with the process by which Article 9 of the Uniform Commercial Code is made, to show that bankruptcy is an area in which Congress must strike a balance more toward the middle of the political spectrum than the law and economics people would choose.


The Administrative Freeze And The Automatic Stay: A New Perspective, Scott Temple Silverman Jan 1994

The Administrative Freeze And The Automatic Stay: A New Perspective, Scott Temple Silverman

Washington University Law Review

No abstract provided.


Creditor Control In Financially Distressed Firms: Empirical Evidence, Stuart C. Gilson, Michael R. Vetsuypens Jan 1994

Creditor Control In Financially Distressed Firms: Empirical Evidence, Stuart C. Gilson, Michael R. Vetsuypens

Washington University Law Review

In this Article we present the results of empirical research that examines how creditor control is manifested in financially troubled firms that have to renegotiate their debt contracts.