Law Commons^™

Increasing Consumer Power In The Grievance And Appeal Process For Medicare Hmo Enrollees, Kenneth J. Pippin

University of Michigan Journal of Law Reform

Federal law requires that Health Maintenance Organizations (HMOs) and Managed Care Organizations (MCOs) provide Medicare beneficiaries with specific grievance and appeal rights for challenging adverse decisions of these organizations. The Health Care Financing Administration (HCFA) is charged with enforcing these regulations. Currently, however, HCFA contracts with HMOs, allowing them to enroll Medicare beneficiaries despite the fact that many of the statutory and regulatory requirements are ignored by the Medicare HMOs. This is problematic because the elderly Medicare population may not be able to independently and adequately challenge the HMO's denial of care or reimbursement. Because HCFA has been reluctant and …

Credit Or Debit? Unauthorized Use And Consumer Liability Under Federal Consumer Protection Legislation, Daniel M. Mroz

Northern Illinois University Law Review

Although debit cards may closely resemble credit cards in appearance, consumer liability for unauthorized use is not similar and the payment transaction initiated through use is very different. In response to the increasing use of debit card products, consumer protection issues concerning liability for unauthorized use have been raised, new legislation has been introduced to Congress and an extremely lucrative debit card market has prospered. Sections I through IV of this comment provide an overview of the federal Truth in Lending Act and of the federal Electronic Fund Transfer Act in relation to consumer liability issues concerning the use of …

Ethics 2000: What Might Have Been, Steven C. Krane

Northern Illinois University Law Review

The Model Rules of Professional Conduct can perhaps be analogized to a modest house built in the early 1960s. The kitchen and bathroom were updated in the late 1970s, and the garage was converted into an extra room, but otherwise the house has remained unchanged. By the late 1990s, however, it became apparent that the occupants of the house had - along with their neighborhood - changed dramatically. The house no longer met their needs. Clearly, what is needed is for the Commission to build a new house for the occupants to live in. Instead, the Commission is redecorating. It …

Looking Ahead To Ethics 2015: Or Why I Still Do Not Get The Aba Model Conflict Of Interest Rules, Richard E. Flamm

Northern Illinois University Law Review

Ideas about what constitutes ethical conduct--and, more specifically, about what the law governing lawyers should be--would appear to be in a perpetual state of flux. Whether because of perceived problems with existing ethical rules, changes in the way law has come to be practiced, or a melange of other reasons including political expediency, it seems that a call goes out every fifteen years or so-for a reappraisal of the rules regulating the way lawyers conduct their affairs. One such call, put out in the late 1960s, ripened into the ABA Model Code of Professional Responsibility (1970). Thirteen short years later …

Lawyers, First Principles, And Contemporary Challenges: Explorations, George Anastaplo

Northern Illinois University Law Review

The preparation of this Collection chanced to be stimulated by a current Illinois bar admission controversy which has reminded observers of my own bar admission controversy of the 1950s. My April 15, 1999 talk at Northern Illinois University, prompted by these reminders, has served as the point of departure in response to an invitation to bring together in this law review various (mostly previously unpublished) talks and papers of mine about lawyers and the law.

Repeal Of Baseball's Longstanding Antitrust Exemption: Did Congress Strike Out Again?, Charles Allen Criswell Jr.

Northern Illinois University Law Review

In 1922, the Supreme Court of the United States ruled that baseball was not interstate commerce and was thus not subject to the restrictions of antitrust laws. Since that time, numerous courts refused to hear cases attacking baseball on antitrust grounds. Under the newly enacted Curt Flood Act of 1998, the practices of anyone involved in organized professional major league baseball that relate to the employment of major league baseball players are now subject to antitrust laws in the same manner as those involved in other professional sports businesses affecting interstate commerce. However, the bill makes no attempt to repeal …

Vol.19, No. 2 Winter 1999: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Bargaining In The Shadow Of Democracy, Susan P. Koniak, David Dana

Faculty Scholarship

The tobacco industry's gambit did not fail because Congress refused to trade its law-making authority for money. Rather, it failed, at least for the time being, because the parties could not agree on terms. Perhaps another industry (with a better public image than tobacco) will have better luck. Congress may have proved itself a difficult bargaining partner, but it has also demonstrated its willingness to negotiate. Before Congress goes any further down this path or other government entities decide they can bargain their law-making authority for money or other goods, we, as a nation, should consider the wisdom of such …

The Georgia Supreme Court And Local Government Law: Two Sheets To The Wind, R. Perry Sentell Jr.

Georgia State University Law Review

No abstract provided.

Dale V. Boy Scouts Of America: New Jersey's Law Against Discrimination Weighs The Balance Between The First Amendment And The State's Compelling Interest In Eradicating Discrimination, Karen L. Dayton

Georgia State University Law Review

No abstract provided.

Taxation Of Loan Origination Expenditures: Lenders May No Longer Bank On Deductibility, Roger T. Weitkamp

Georgia State University Law Review

No abstract provided.

Fidelity, Basic Liberties, And The Specter Of Lochner, James E. Fleming

Faculty Scholarship

I want to begin by frankly acknowledging that the group of scholars participating in the conference is more conservative than the crowd with whom I usually travel. Accordingly, at the outset, I want to say something ingratiating. Then, I will say something provocative. Here is the ingratiating part: economic liberties and property rights, like personal liberties, are fundamental rights secured by our Constitution. In fact, economic liberties and property rights are so fundamental in our constitutional scheme, and so sacred in our constitutional culture, that there is neither need nor good argument for aggressive judicial protection of them. Rather, such …

Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky

Articles

Upon the enactment of the Employee Retirement Income Security Act of 1974 ("ERISA"), few would have predicted that, a generation later, ERISA's provisions preempting state law would be front page news, a central topic of national debate about health care and its regulation. Similarly, few foresaw at the time ERISA was adopted that the United States Supreme Court would have great difficulty construing ERISA's preemption provisions. By the same token, in 1974 the contemporary revival of interest in statutory textualism lay well into the future.

Three Concepts Of Children's Constitutional Rights: Reflections On The Enjoyment Theory, Laurence D. Houlgate

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Introduction: Fidelity, Economic Liberty, And 1937, Editors Of The William And Mary Law Review

William & Mary Law Review

No abstract provided.

Letter To A Young Law Student, Corinne Cooper

Tulsa Law Review

No abstract provided.

Self-Settled Spendthrift Trusts And The Alaska Trust Act: Has Alaska Moved Offshore?, Jeremy M. Veit

Alaska Law Review

No abstract provided.

A Model For Alaska: Deregulation In The Far North, Inara K. Scott

Alaska Law Review

No abstract provided.

Cumulative Index

Alaska Law Review

No abstract provided.

Constitutional Law -- Due Process Clause -- Third Circuit Holds That $50 Million Punitive Damages Award In Context Of A $48 Million Compensatory Award Is Unconstitutionally Excessive -- Inter Medical Supplies, Ltd. V. Ebi Medical Systems, Inc., 181 F.3d 446 (3d Cir. 1999)., A. Benjamin Spencer

Faculty Publications

In 1996, the Supreme Court, in BMW of North America, Inc. v. Gore, struck down a punitive damages award on the ground that it was "grossly excessive" in violation of the Due Process Clause of the Fourteenth Amendment . Since BMW, many courts have faced the challenge of applying its principles to determine whether punitive damages awards surpass the constitutional limit. Last June, in Inter Medical Supplies, Ltd. v. EBI Medical Systems, Inc., the Third Circuit faced this difficulty when it considered whether a $50 million punitive damages award, granted in conjunction with a $48 million compensatory damages award, was …

From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh Goodmark

West Virginia Law Review

No abstract provided.

Suffer The Little Children: Justifying Same-Sex Marriage From The Perspective Of A Child Of The Union, Lewis A. Silverman

West Virginia Law Review

No abstract provided.

Pondering Past Purposes: A Critical History Of American Adoption Law, David Ray Papke

West Virginia Law Review

No abstract provided.

Election 2000: Point/Counterpoint Series , Editors

University of Pennsylvania Law Review

No abstract provided.

Some Problems With Taxpayer-Funded Political Campaigns , Bradley A. Smith

University of Pennsylvania Law Review

No abstract provided.

Protecting The Press From Privacy, John H. Fuson

University of Pennsylvania Law Review

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

Tools For Inclusion: Helpful Hints: How To Fill Out A Winning Pass Application, Jaimie Ciulla Timmons, Steven Graham

Tools for Inclusion Series, Institute for Community Inclusion

This brief uses the story of one career woman to illustrate how to apply for and use a PASS (Plan for Achieving Self Support), a Social Security program that allows people receiving SSI to maintain benefits as they start working.

Discriminatory Effects: Desegregation Litigation In Higher Education In Georgia, Molly O'Brien

William & Mary Bill of Rights Journal

While no one can deny the importance of desegregating all educational institutions over the past half-century, one of the unexpected consequences of the movement has been to make uncertain the legality of historically black public colleges. This uncertainty has created an opportunity for those who oppose historically black colleges, for whatever reason, to bring suit against them and potentially close their doors for not enrolling a student body that represents the racial make-up of the state. Professor O'Brien explores this issue in her Article by chronicling the progress of higher education in Georgia, from the establishment of a dual system, …

Enclave Districting, Henry L. Chambers

William & Mary Bill of Rights Journal

Congressional districting has historically fostered single-member, geographically compact districts consisting of contiguous territory and has resulted in common representation for those who live near each other. Underlying compact districting is the assumption that people living relatively close together share political interests that can be adequately served by common representation. When the United States was a sparsely populated agrarian nation and only the propertied were the enfranchised, providing common representation based on residential proximity was sensible. Over time, however, the connection between residence and political interests has diminished.

In the wake of the Supreme Court's suggestion that representation should focus on …