Law Commons^™

Labor Law, Stephen W. Mooney, Leigh Lawson Reeves

Mercer Law Review

This Article surveys the 1998 decisions of the United States Court of Appeals for the Eleventh Circuit that addressed issues in the areas of traditional labor law. This article specifically discusses decisions by the Eleventh Circuit under the Labor Management Relations Act ("LMRA"), the National Labor Relations Act ("NLRA"), the Fair Labor Standards Act of 1938 ("FLSA7), and the Employee Retirement Income Security Act of 1974 ("ERISA"). As in the years past, the Eleventh Circuit decided several cases that involved issues of interest in the area of traditional labor law. Due to page limitations, however, this Article cannot survey every …

Bureau Of State Audits, Elisa D 'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, Matthew S. Butler, Eric M. Sedwick, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Identity, Democracy, Communicative Power, Inter/National Labor Rights And The Evolution Of Latcrit Theory And Community, Elizabeth M. Iglesias

University of Miami Law Review

No abstract provided.

Introduction: The Value Of Our Work, Professor Elvia R. Arriola

University of Miami Law Review

No abstract provided.

Immigration, The Servant Problem, And The Legacy Of The Domestic Labor Debate: "Where Can You Find Good Help These Days!", Mary Romero

University of Miami Law Review

No abstract provided.

The Influence Of Income Tax Rules On Insurance Reserves, David F. Bradford, Kyle D. Logue

Book Chapters

An insurance company is a financial intermediary whose main line of business is the sale of a particular type of contingent contract, called an insurance policy. Under this contract, the insurer promises to pay some amount to the policyholder, or to some other beneficiary, following the occurrence of an insured event. In the context of property-casualty insurance, the relevant insured events include, for example, the accidental destruction of the insured's property or the award of a liability judgment against the insured. In return for this promise the insured pays the insurer a premium. The premium and the earnings on the …

In Defense Of Author Prominence: A Reply To Crespi And Korobkin, Tracey E. George, Chris Guthrie

Vanderbilt Law School Faculty Publications

We thank Greg Crespil and Russell Korobkin for their provocative responses to our author-prominence ranking of specialized law reviews. Crespi provides a thoughtful critique of the methodology we employ and the results we obtained. Korobkin shares some of Crespi's concerns, but he focuses his critique on the potential implications of our rankings (and rankings more generally). In this reply, we briefly address the more significant criticisms each of them raises.

Public Service Summer Fellowships 1999, Nova Southeastern

Shepard Broad College of Law Course Catalogs

No abstract provided.

Questioning Traditional Antitrust Presumptions: Price And Non-Price Competition In Hospital Markets, Peter J. Hammer

University of Michigan Journal of Law Reform

Hospital mergers challenge basic assumptions about the effects of market power in the health care industry. Antitrust courts have struggled with claims that hospital mergers may in fact reduce costs and lower prices. This Article assesses the validity of these economic claims in the context of an industry that has undergone radical transformations in recent years. The Article also explores how such arguments should be treated as a matter of antitrust doctrine in an area of the law that relies heavily on market share presumptions and rule-based decision making. The Article contends that courts should employ a total welfare standard …

Playing Doctor: Corporate Medical Practice And Medical Malpractice, E. Haavi Morreim

University of Michigan Journal of Law Reform

Although health plans once existed mainly to ensure that patients could pay for care, in recent years managed care organizations (MCOs) have attempted to limit expenditures by exercising significant influence over the kinds and levels of care provided. Some commentators argue that such influence constitutes the practice of medicine, and should subject MCOs to the same medical malpractice torts traditionally brought against physicians. Others hold that MCOs engage only in contract interpretation, and do not literally practice medicine.

This Article begins by arguing that traditional common law doctrines governing corporate practice of medicine do not precisely apply to the current …

Department Of Corporations, Athanasia Economy, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Competing On Quality Of Care: The Need To Develop A Competition Policy For Health Care Markets, William M. Sage, Peter J. Hammer

Faculty Scholarship

As American health care moves from a professionally dominated to a marketdominated model, concerns have been voiced that competition, once unleashed, will focus on price to the detriment of quality. Although quality has been extensively analyzed in health services research, the role of quality in competition policy has not been elucidated. While economists may theorize about non-price competition, courts in antitrust cases often follow simpler models of competition based on price and output, either ignoring quality as a competitive dimension or assuming that it will occur in tandem with price competition. This unsystematic approach is inadequate for the formulation of …

Managed Care Public Policy, Stephen J. Demontmollin

University of Miami Business Law Review

No abstract provided.

Fraud And Abuse, Mark Langdon, Eric S. Tower, Eric Roth

University of Miami Business Law Review

No abstract provided.

Welcome And Introduction, Timothy M. Ravich

University of Miami Business Law Review

No abstract provided.

The Importance Of Compliance Programs For The Health Care Industry, Marcos D. Jimenez, Dana Foster

University of Miami Business Law Review

No abstract provided.

Regulation Of Healthcare Professionals In Florida, Sean M. Ellsworth

University of Miami Business Law Review

No abstract provided.

Ppmcs: A Perspective, Jeffrey L. Cohen

University of Miami Business Law Review

No abstract provided.

Florida Board Of Medicine Resists Change, Marshall R. Burack

University of Miami Business Law Review

No abstract provided.

Health Care Marketing Under The Anti-Kickback Statute, Eric S. Tower

University of Miami Business Law Review

No abstract provided.

Physician Practice Management, Marc H. Auerbach, Jeffrey L. Cohen, Jay Martus

University of Miami Business Law Review

No abstract provided.

Salmon And The Endangered Species Act: Lessons From The Columbia Basin, Michael C. Blumm, Greg D. Corbin

Washington Law Review

Within the last decade, the Columbia Basin, once home to the world's largest salmon runs, has witnessed numerous listings of its signature natural resource under the Endangered Species Act (ESA). These listings have propelled the ESA into the forefront of land and water use decisionmaking across a vast landscape of the Pacific Northwest This Article examines the Columbia Basin salmon listings and their aftermath. Specifically, it considers the effect of the ESA's consultation requirements on hydroelectric, hatchery, harvest, and habitat decisionmaking. The Article draws several lessons from this examination, many of them surprising, including the assertion that the listings have …

Past, Present And Future Constitutional Challenges To Transferable Development Rights, Jennifer Frankel

Washington Law Review

Seattle's transfer of development rights (TDR) system, an innovative land use device, has so far avoided many of the problems that have plagued other TDR systems. Although the system's voluntary participation avoids a takings challenge, it is still vulnerable to attack on due process grounds. In addition, two U.S. Supreme Court cases held that conditions in land use regulations must closely mirror the harms sought to be prevented, suggesting new constitutional problems for Seattle's TDR system. This Comment describes Seattle's current TDR system and examines its vulnerability to constitutional challenges. This paper concludes that while Seattle's TDR system will probably …

Title Page

Southeastern Environmental Law Journal

No abstract provided.

Model State Regulations Governing The Land Application Of Petroleum-Contaminated Soils, John H. Turner

Southeastern Environmental Law Journal

No abstract provided.

Why Congress Should Grant Wilderness Status To The Coastal Plain Of The Arctic National Wildlife Refuge, Part Ii, Danny L. Eidson

Southeastern Environmental Law Journal

No abstract provided.

Medical Monitoring Awards Under Cercla: Statutory Interpretation Versus Fundamental Fairness, Carmen E. Sessions

Southeastern Environmental Law Journal

No abstract provided.

Recent Developments In Case Law

Southeastern Environmental Law Journal

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.