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1998

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Articles 1891 - 1920 of 7680

Full-Text Articles in Law

Calling Off The Bounty Hunters: Discrediting The Use Of Alleged Anti-Kickback Violations To Support Civil False Claims Actions, Lisa M. Phelps May 1998

Calling Off The Bounty Hunters: Discrediting The Use Of Alleged Anti-Kickback Violations To Support Civil False Claims Actions, Lisa M. Phelps

Vanderbilt Law Review

As skyrocketing health care costs threaten the survival of federally funded health care programs, government prosecutors and private parties are frequently turning to the Civil False Claims Act' as their weapon of choice in waging the "war" on health care fraud and abuse. The False Claims Act is a powerful federal statute that creates liability for the submission of false claims to the federal government. In the health care industry, a typical false claims plaintiff asserts that a health care provider submitted a Medicare or Medicaid claim to the federal government which was "false" because the provider mischarged or overcharged …

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Did Military Justice Fail Or Prevail?, Robinson O. Everett May 1998

Did Military Justice Fail Or Prevail?, Robinson O. Everett

Michigan Law Review

The subject of war crimes is now receiving significant attention. On March 13, 1998, the United States Senate, by a vote of 93-0, adopted a resolution urging the President to call on the- United Nations to create a tribunal to indict and try Saddam Hussein for his "crimes against humanity." In the recent past, United Nations tribunals have tried crimes against humanity perpetrated in the former Yugoslavia and in Rwanda. With Administration backing, Congress has also recently enacted legislation intended to confer jurisdiction on the federal district courts to try certain war crimes of which American nationals are perpetrators or …

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Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field, Richard D. Friedman May 1998

Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field, Richard D. Friedman

Cardozo Law Review

No abstract provided.

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Does A Helping Hand Put Others At Risk?: Affirmative Action, Police Departments, And Crime, John Lott May 1998

Does A Helping Hand Put Others At Risk?: Affirmative Action, Police Departments, And Crime, John Lott

Coase-Sandor Institute for Law & Economics Research Paper Series

Will increasing the number of minority and women police officers make law enforcement more effective by drawing on abilities that have gone untapped and creating better contact with communities and victims? Or will standards have to be lowered too far before large numbers of minorities and women can be hired? Using cross-sectional time-series data for U.S. cities for 1987, 1990, and 1993, I find that more black and minority police officers increase crime rates. This arises because lower hiring standards involved in recruiting more minority officers reduces the quality of both new minority and new nonminority officers. The most adverse …

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The History Of The Special (Struck) Jury In The United States And Its Relation To Voir Dire Practices, The Reasonable Cross-Section Requirement, And Peremptory Challenges, James Oldham May 1998

The History Of The Special (Struck) Jury In The United States And Its Relation To Voir Dire Practices, The Reasonable Cross-Section Requirement, And Peremptory Challenges, James Oldham

William & Mary Bill of Rights Journal

In this Article, Professor Oldham provides a unique historical study of the special, or struck, jury in the United States. First, Professor Oldham discusses the influence of the 1730 English statute on eighteenth- century American law and reviews the procedures of several states in which the struck jury remains valid, in addition to the once authorized procedures that states have since declared invalid. He also analyzes the relationship between the struck jury and peremptory challenges. Second, Professor Oldham analyzes the special qualifications of the jurors comprising special juries in the context of the "blue ribbon," or "high-class, " jury, the …

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The Moral Failure Of The Clear And Present Danger Test, David R. Dow May 1998

The Moral Failure Of The Clear And Present Danger Test, David R. Dow

William & Mary Bill of Rights Journal

The clear and present danger test has been used for almost a century to determine the speech the government may restrain. This test assumes that at some point speech transforms into an act and at that moment the speech becomes punishable. Under the clear and present danger test, the First Amendment does not protect speech that is an incitement to imminent lawless action. Professor Dow suggests that the clear and present danger test protects too little speech. He posits that speech should be protected unless the following three conditions are met: (1) the speaker's specific intent in uttering the words …

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Mezzanatto And The Economics Of Self-Incrimination, Eric Rasmusen May 1998

Mezzanatto And The Economics Of Self-Incrimination, Eric Rasmusen

Cardozo Law Review

No abstract provided.

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Economic Analysis Of The Law Of Evidence: A Caveat, Ron A. Shapira May 1998

Economic Analysis Of The Law Of Evidence: A Caveat, Ron A. Shapira

Cardozo Law Review

No abstract provided.

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Cost-Benefit Analysis, Unintended Consequences, And Evidentiary Policy: A Critique And A Rethinking Of The Application Of A Single Set Of Evidence Rules To Civil And Criminal Cases, Myrna S. Raeder May 1998

Cost-Benefit Analysis, Unintended Consequences, And Evidentiary Policy: A Critique And A Rethinking Of The Application Of A Single Set Of Evidence Rules To Civil And Criminal Cases, Myrna S. Raeder

Cardozo Law Review

No abstract provided.

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Secured Lending As A Zero-Sum Game, David Gray Carlson May 1998

Secured Lending As A Zero-Sum Game, David Gray Carlson

Cardozo Law Review

This Article claims that law and economics literature made a profound mistake when it tried to adapt the Modigliani-Miller irrelevance hypothesis-famous in corporate finance theory-to the question of why it pays a debtor to issue secured debt as well as unsecured debt. The literature that is criticized claims that lending is a zero-sum game. If the debtor saves money from the secured loan, the debtor simply pays more later to an unsecured claim. Some "disturbing cause" must exist to disrupt the zero-sum game and render security interests rational for the debtor. The author rigorously shows, however, that the zero-sum quality …

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The Pennsylvania Rule: Murky Waters Revisited, Michael Ben-Jacob May 1998

The Pennsylvania Rule: Murky Waters Revisited, Michael Ben-Jacob

Cardozo Law Review

No abstract provided.

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Casey "Versus" Salerno: Determining An Appropriate Standard For Evaluating The Facial Constitutionality Of Abortion Statutes, Skye Gabel May 1998

Casey "Versus" Salerno: Determining An Appropriate Standard For Evaluating The Facial Constitutionality Of Abortion Statutes, Skye Gabel

Cardozo Law Review

No abstract provided.

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Attributing Too Much: The Fifth Circuit Perverts The Scope Of Diversity Jurisdiction, Richard A. Simon May 1998

Attributing Too Much: The Fifth Circuit Perverts The Scope Of Diversity Jurisdiction, Richard A. Simon

Cardozo Law Review

No abstract provided.

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The Book Review Issue: An Owner's Guide, Carl E. Schneider May 1998

The Book Review Issue: An Owner's Guide, Carl E. Schneider

Michigan Law Review

Law reviews have short memories. Other institutions count on long-term managers and well-kept files to preserve the experience of the past. But there is no remembrance of things past in an institution whose officers serve - fileless and frantic - for a single year. I want to use the opportunity this volume's editors have kindly given me to contribute to the Michigan Law Review's institutional memory. Editors past, present, and future may be curious about when and why the book review issue was conceived and born. I will briefly tell that story. More significantly, however, I want to relate the …

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Specific Performance: Exploring The Roots Of 'Settled Practice', Andrew B.L. Phang May 1998

Specific Performance: Exploring The Roots Of 'Settled Practice', Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

The recent House of Lords decision in Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd' is destined to become a landmark in the law relating to specific performance.

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Christianity And Islam: Lessons From Africa, J. Paul Martin May 1998

Christianity And Islam: Lessons From Africa, J. Paul Martin

BYU Law Review

No abstract provided.

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Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield May 1998

Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield

BYU Law Review

No abstract provided.

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In Re Young: A Correct But Unnecessary Constitutional Decision, David Lynn Mortensen May 1998

In Re Young: A Correct But Unnecessary Constitutional Decision, David Lynn Mortensen

BYU Law Review

No abstract provided.

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Religious Human Rights In Global Perspective: Legal Perspectives, Jason M. Waite May 1998

Religious Human Rights In Global Perspective: Legal Perspectives, Jason M. Waite

BYU Law Review

No abstract provided.

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The Potential Liability Of I.Inking On The Internet:An Examination Of Possible Legal Solutions, Kara Beal May 1998

The Potential Liability Of I.Inking On The Internet:An Examination Of Possible Legal Solutions, Kara Beal

BYU Law Review

No abstract provided.

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Table Of Contents May 1998

Table Of Contents

BYU Law Review

No abstract provided.

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New Mexico Bad Faith, Cheryl Thompson Apr 1998

New Mexico Bad Faith, Cheryl Thompson

Student Thesis Honors (1996-2008)

With the introduction of the automobile came a marked increase in complaints and tension between insureds and their insurance companies. As a result, a significant development in insurance law is that insurers may be held liable in tort for bad faith performance of their duties to insureds. The law of bad faith contemplates that a special relationship exists between insurance companies and their insureds. Recognizing the unique peculiarities of the insurance environment, courts have fashioned the tort of bad faith as a way of regulating the insurer-insured relationship. The underlying premise of the law of bad faith is that insurers …

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The Effects Of Tax Law Changes On Property-Casualty Insurance Prices, David F. Bradford, Kyle D. Logue Apr 1998

The Effects Of Tax Law Changes On Property-Casualty Insurance Prices, David F. Bradford, Kyle D. Logue

Book Chapters

One of the most important components of the balance sheet of a property-casualty insurance company is the loss reserve. In spite of what the term may suggest, a loss reserve is not a pot of funds set aside for the uncertain future. It is an accounting entry, a liability on the balance sheet. More precisely termed the unpaid-losses account, the loss reserve expresses the amount the company expects to pay out in the future to cover indemnity payments that will come due on policies already written for losses that have already been incurred and to cover the costs of dealing …

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Broadly Speaking - April 27, 1998, Nova Southeastern University Apr 1998

Broadly Speaking - April 27, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

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Vol. 14, No. 15 (April 27, 1998) Apr 1998

Vol. 14, No. 15 (April 27, 1998)

Indiana Law Annotated

No abstract provided.

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Ax-Grinding Politics Leads To Unequal Justice, Kenneth Lasson Apr 1998

Ax-Grinding Politics Leads To Unequal Justice, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

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Separation Of Powers In State Constitutional Law, Roger Williams University School Of Law Apr 1998

Separation Of Powers In State Constitutional Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

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Problems In Historical Explanation: The Case Of The Khmer Rouge, Ibpp Editor Apr 1998

Problems In Historical Explanation: The Case Of The Khmer Rouge, Ibpp Editor

International Bulletin of Political Psychology

This article highlights some problems with developing causal explanations for historical phenomena.

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Trends. Troubles: The Northern Ireland Settlement, Ibpp Editor Apr 1998

Trends. Troubles: The Northern Ireland Settlement, Ibpp Editor

International Bulletin of Political Psychology

The author analysis the two different stances of the recent "landmark settlement" on Northern Ireland forged by various factions of Catholics and Protestants from Northern Ireland, the national leaderships of the United Kingdom and the Republic of Ireland, and at least two United States interlocutors.

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Vol. 48, No. 10, April 23, 1998, University Of Michigan Law School Apr 1998

Vol. 48, No. 10, April 23, 1998, University Of Michigan Law School

Res Gestae

•$500 For Brian Simpson? Are You Serious? •Student Debate Explores Affirmative Action •What's Next for Career Services? •Larry, Clarence and the Homoerotic Photographer •Save Rick Hills •The Dean Wants to Have a Few Words With You •I'm Really Hungover and I can't think of Anything Witty to Say About Larry's World So... •RIP Legal Lad •But Can He Do the Lambada?

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