Law Commons^™

Medicaid And The Unconstitutional Dimensions Of Prior Authorization, Jagan Nicholas Ranjan

Michigan Law Review

The political outcry over prescription drug costs has been one of the most vociferous in recent memory. From tales depicting renegade seniors sneaking cheap prescriptions of Vioxx out of Tijuana across the border, to the promises of reduced prices made by front-runners during the 2000 Presidential election, the calls for lower drug prices have been forceful and demanding. This war for lower-priced pharmaceuticals fought by consumers, interest groups and politicians against the pharmaceutical industry itself has recently developed yet another front. The latest battle is over Medicaid. The new victims are the poor. Presently, federal statutory provisions in the Medicaid …

The Physician As A Conscientious Objector, J. David Bleich

Articles

No abstract provided.

The Critical Resource Theory Of Fiduciary Duty, D. Gordon Smith

Faculty Scholarship

This Article proposes a new theory to unify the law of fiduciary duty. The prevailing view holds that fiduciary law is atomistic, arising for varied reasons in established categories of cases (such as trustee-beneficiary and director-shareholder) and ad hoc in relationships where one person trusts another and becomes vulnerable to harm as a result. By contrast, the critical resource theory of fiduciary duty holds that every relationship properly designated as fiduciary conforms to the following pattern: one party (the fiduciary) acts on behalf of another party (the beneficiary) while exercising discretion with respect to a critical resource belonging to the …

Masthead, Volume 24 (2002-2003)

Cardozo Law Review

No abstract provided.

The Cure And Reinstatement Of Mortgages By Third Party Assignees, Arthur J. Margulies

Cardozo Law Review

No abstract provided.

Life On The Court, The Honorable Antonin Scalia

Brendan F. Brown Lecture Series

Associate Justice of the Supreme Court of the United States, The Honorable Antonin Scalia delivered the Brendan Brown Lecture on October 30th titled "Life on the Court".

Vol. 53, No. 4, October 29, 2002, University Of Michigan Law School

Res Gestae

•LSSS Approves Controversial Funding Allocations •Who Are You Supposed to Be? •Horror in the Quad: A Victim Speaks •Faculty Laud Judicial Clerkships •Professor Molly Van Houweling •Alumna On Affirmative Action •When Mr. Caminker Went to Washington •1Ls Get Hands Dirty for Public Service •A Crash Course: Michigan No-Fault Law •Judge Shares Thoughts on ConLaw •Fantasy B-ball Secrets •Crossword

Vol. 23, No. 09 (October 28, 2002)

Indiana Law Annotated

No abstract provided.

The Weekly October 28, 2002, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.

The Future Of Wireless Spam, Evan Cramer

Duke Law & Technology Review

Though US cellular networks currently lack the capacity for widespread distribution of unsolicited wireless advertising (wireless spam), these advertisements are already well known in Japan and Europe, where they have proven to be a significant burden on cellular users. This iBrief examines the recently ratified legislation in Japan and Asia that have attempted to stop the glut of wireless advertisements, as a foreshadowing of the problems and questions that will soon have to be addressed in the United States.

The Opinion Volume 41 Issue 1 – October 23, 2002, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 23, 2002

The Weekly October 21, 2002, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.

Re Halifax Regional School Board And Nsupe, Loc 2 (2-39-2001), Innis Christie

Innis Christie Collection

Union grievance filed October 11, 2001, alleging breach of Articles 6.01(b) and 10.03 of the Collective Agreement between the Employer and the Union in effect from January 1, 2001 to July 31, 2004, which the parties agreed is the relevant Collective Agreement for purposes of this matter, in that the Employer had violated Articles 6.01(b) and 10.03 and "has posted a number of jobs that do not specify the days of the week on which the work is to be carried out". At the hearing the Union sought a declaration of what it alleged was the proper interpretation of Article …

Trends. Predicting An Iraqi Insurrection: A Contribution From Balance Theory, Ibpp Editor

International Bulletin of Political Psychology

This Trends article evaluates the problematic of concept of enemies and supposed allies among supporters of a United States-led military intervention in Iraq.

Trends. When Governments Want Government To Change, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses regime change in Germany and Iraq in a political psychological context.

Re Caw-Canada, Local 2216 And Aca Co-Operative Ltd, Innis Christie

Innis Christie Collection

The Union claimed that the Grievor was unjustly suspended for four days, then unjustly discharged.

This is a consent award. The parties agree that the Grievor is to be reinstated, subject to certain conditions, and granted retroactive pay. The Arbitrator retains jurisdiction to deal with any grievances in respect of discipline against the Grievor for a period of one year from the date of the award.

Brief Of Keith N. Hylton As Amicus Curiae In Support Of The Respondents In State Farm Mutual Automobile Insurance Company, Petitioner V. Curtis B. Campbell And Inez Preece Campbell, Respondents, Keith N. Hylton

Faculty Scholarship

Virtually all courts accept the view that high punitive damage awards are appropriate in instances where the defendant's harmful conduct is unlikely to lead to liability. See, e.g., BMW of N. Am. Inc. v. Gore, 517 U.S. 559, 582 (1996). The Utah Supreme Court reinstated the $145 million punitive damage award in this case in part on the ground that "State Farm's actions, because of their clandestine nature, will be punished at most in one out of every 50,000 cases as a matter of statistical probability." Pet App. 30a. A central issue of this case is whether the Utah Supreme …

Unmeasured Factors Of Success, John K. Carmack

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on March 10, 1996.

Satisfaction In The Law, David G. Campbell

Vol. 1: Answering God's Interrogatories

This address was given at the BYU Law School awards ceremony on March 25, 1993.

Professional Service As A Christian Ministry, Carl S. Hawkins

Vol. 1: Answering God's Interrogatories

This address was given to the entering class at the BYU Law School on August 22, 1981.

The Challenge: Basing Your Career On Principles, Alexander B. Morrison

Vol. 1: Answering God's Interrogatories

This address was given to the Edmonton, Alberta Chapter of the J. Reuben Clark Law Society on February 26, 1999.

Duty To Rescue: The Case Of The Good-Enough Samaritan, Tessa Meyer Santiago

Vol. 1: Answering God's Interrogatories

Reprinted from The Restored Gospel and Applied Christianity: Student Essays in Honor of President David O. McKay, 1999, 71-81, and the Clark Memorandum, Spring 2001, 26-31.

Lawyers And The Atonement, Thomas B. Griffith

Vol. 1: Answering God's Interrogatories

This BYU–Hawaii Presidential Lecture was given in Laie, Hawaii on March 23, 2000.

Integrity: The Evidence Within, Neal A. Maxwell

Vol. 1: Answering God's Interrogatories

This address was given at the BYU Law School Alumni Dinner on October 23, 1992.

Pure Religion, Stephen A. West

Vol. 1: Answering God's Interrogatories

This address was given on May 24, 1994 to graduates of the BYU Law School who had come to Washington, D.C. to be admitted to practice before the U.S. Supreme Court on the following day.

Apostles Of Equality, Kenneth R. Wallentine

Vol. 1: Answering God's Interrogatories

This article reprinted from the Clark Memorandum, Fall 1992, 2-4, 6-9.

Preface: Life In The Law: Answering God's Interrogatories, H. Reese Hansen

Vol. 1: Answering God's Interrogatories

This book contains a prized collection of exceptional essays by thoughtful men and women who have examined things that matter most in both their professional and private lives. Most of these pieces were first published in the Clark Memorandum, the J. Reuben Clark Law School alumni magazine. A few are from other sources. All of them address important questions about the experience of being a Christian attorney.

Balance, Robert L. Backman

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on March 24, 1991.

Fundamentals And Initiatives, Russell M. Nelson

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on March 18, 1990.

Confirm Thy Soul In Self-Control, D. Todd Christofferson

Vol. 1: Answering God's Interrogatories

This address was given to the Orange County and Los Angeles County Chapters of the J. Reuben Clark Law Society on September 29 and 30, 2000.