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2004

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Articles 9391 - 9420 of 9683

Full-Text Articles in Law

The California Hospital Lien Act And "Balance Billing": Protecting Innocent Patients' Right To Limit A Medical Care Provider's Recovery By Statutory Lien, Darien J. Covelens Jan 2004

The California Hospital Lien Act And "Balance Billing": Protecting Innocent Patients' Right To Limit A Medical Care Provider's Recovery By Statutory Lien, Darien J. Covelens

UC Law Journal

The California Courts of Appeal are currently split over the issue of whether the California Hospital Lien Act allows "balance billing." The First District allows medical care providers to recover the difference between their customary rates and the negotiated discount rates paid by a patient's health insurance carrier. The Second District has held balance billing is prohibited by California law. This Note explains the conflict that exists within the California Appellate Courts and analyzes the effects of applying each District's interpretation of the Hospital Lien Act. The legislative history to the Hospital Lien Act, similar federal statutes, and public policy …


Antitrust Analysis In Software Product Markets: A First Principles Approach, Andrew Chin Jan 2004

Antitrust Analysis In Software Product Markets: A First Principles Approach, Andrew Chin

Faculty Publications

No abstract provided.


Intention In The Law Of Property: The Law Of Unintended Consequences, John V. Orth Jan 2004

Intention In The Law Of Property: The Law Of Unintended Consequences, John V. Orth

Faculty Publications

No abstract provided.


Constitutional Drift: Toward The End Of Federal Shop-Closing (Ladenschluss) Regulation, Craig T. Smith Jan 2004

Constitutional Drift: Toward The End Of Federal Shop-Closing (Ladenschluss) Regulation, Craig T. Smith

Faculty Publications

No abstract provided.


Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon Jan 2004

Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon

Scholarly Works

No abstract provided.


Stress, Burnout, Vicarious Trauma, And Other Emotional Realities In The Lawyer/Client Relationship (Symposium: Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law), Marjorie A. Silver, Sanford Portnoy, Jean Koh Peters Jan 2004

Stress, Burnout, Vicarious Trauma, And Other Emotional Realities In The Lawyer/Client Relationship (Symposium: Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law), Marjorie A. Silver, Sanford Portnoy, Jean Koh Peters

Scholarly Works

No abstract provided.


Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law, Marjorie A. Silver Jan 2004

Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law, Marjorie A. Silver

Scholarly Works

No abstract provided.


Mining Mediation Rules For Representation Opportunities And Obstacles, Harold I. Abramson Jan 2004

Mining Mediation Rules For Representation Opportunities And Obstacles, Harold I. Abramson

Scholarly Works

No abstract provided.


Judicial Review And Diversity, Deseriee A. Kennedy Jan 2004

Judicial Review And Diversity, Deseriee A. Kennedy

Scholarly Works

No abstract provided.


Kosher Without Law: The Role Of Nonlegal Sanctions In Overcoming Fraud Within The Kosher Food Industry, S. Crincoli (Sigman) Jan 2004

Kosher Without Law: The Role Of Nonlegal Sanctions In Overcoming Fraud Within The Kosher Food Industry, S. Crincoli (Sigman)

Scholarly Works

No abstract provided.


A Response To The Society Of American Law Teachers Statement On The Bar Exam, Suzanne Darrow-Kleinhaus Jan 2004

A Response To The Society Of American Law Teachers Statement On The Bar Exam, Suzanne Darrow-Kleinhaus

Scholarly Works

No abstract provided.


Problem-Solving Advocacy In Mediations, Harold I. Abramson Jan 2004

Problem-Solving Advocacy In Mediations, Harold I. Abramson

Scholarly Works

No abstract provided.


Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman Jan 2004

Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman

Scholarly Works

No abstract provided.


Community Service Component Of An Alternative Bar Exam, Eileen Kaufman Jan 2004

Community Service Component Of An Alternative Bar Exam, Eileen Kaufman

Scholarly Works

No abstract provided.


Course Of Performance As Evidence Of Intent Or Waiver: A Meaningful Preference For The Latter And Implications For Newly Broadened Use Under Revised U.C.C. Section 1-303, Jack M. Graves Jan 2004

Course Of Performance As Evidence Of Intent Or Waiver: A Meaningful Preference For The Latter And Implications For Newly Broadened Use Under Revised U.C.C. Section 1-303, Jack M. Graves

Scholarly Works

No abstract provided.


Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages (Symposium: The Fifteenth Annual Supreme Court Review), Leon D. Lazer Jan 2004

Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages (Symposium: The Fifteenth Annual Supreme Court Review), Leon D. Lazer

Scholarly Works

No abstract provided.


Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila Jan 2004

Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila

Scholarly Works

This Article examines the Supreme Court’s application of the "special needs" principle, which is part of its Fourth Amendment search and seizure jurisprudence, with an emphasis on suspicionless searches. It argues that both courts and commentators have insufficiently acknowledged the tension between the modern regulatory state, which is significantly dependent upon such searches, and adequately protecting liberty interests. The commentators who criticize the Court’s deference ignore that a deferential approach can be justified. Suspicionless civil searches, for example, are not necessarily incompatible with original intent. Moreover, the many proposals for reforming suspicionless civil search jurisprudence, such as reinvigorating the individualized …


Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy Jan 2004

Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy

Scholarly Works

No abstract provided.


Outsider Jurisprudence And The “Unthinkable” Tale: Spousal Abuse And The Doctrine Of Duress, Deborah Waire Post Jan 2004

Outsider Jurisprudence And The “Unthinkable” Tale: Spousal Abuse And The Doctrine Of Duress, Deborah Waire Post

Scholarly Works

No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz Jan 2004

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Scholarly Works

No abstract provided.


Taking Prosecutorial Ethics Seriously: A Consideration Of The Prosecutor's Ethical Obligation To Seek Justice In A Comparative Analytical Framework, Samuel J. Levine Jan 2004

Taking Prosecutorial Ethics Seriously: A Consideration Of The Prosecutor's Ethical Obligation To Seek Justice In A Comparative Analytical Framework, Samuel J. Levine

Scholarly Works

This article examines the complex nature of the prosecutor's broad obligation to seek justice through a consideration of the similarly broad directive in Jewish law requiring that "in all [of] your ways acknowledge [God]." While many have critiqued the broad directives governing a prosecutor's ethical duties, through this comparative analytical framework it can be seen that the prosecutor's broad ethical directive to seek justice serves as a workable and appropriate standard for prosecutorial ethics. In many ways, a prosecutor faces an ethical obligation unlike other attorneys. Ethical obligations require that a prosecutor forgo conduct that would increase the likelihood of …


Before The Doors Closed: A Historical Perspective On Public Access, David S. Tanenhaus Jan 2004

Before The Doors Closed: A Historical Perspective On Public Access, David S. Tanenhaus

Scholarly Works

No abstract provided.


One For All, But None For (All Of) One: Revised Article 1 Of The Uniform Commercial Code (Part 2 Of 2), Keith A. Rowley Jan 2004

One For All, But None For (All Of) One: Revised Article 1 Of The Uniform Commercial Code (Part 2 Of 2), Keith A. Rowley

Scholarly Works

Part One of this article examined four major differences between Revised Article 1 of the Uniform Commercial Code and Nevada's current version of Article 1, codified at N.R.S. §§ 104.1101 et seq. Part Two explores how Revised Article I has fared thus far in other states and suggests what the Nevada Legislature should consider when deciding in the upcoming legislative session whether to enact Revised Article I as written, whether to enact it with revisions, or whether not to enact it at all.


The Tri-Ethnic Dilemma: Race, Equality, And The Fourteenth Amendment In The American West, Tom I. Romero Ii Jan 2004

The Tri-Ethnic Dilemma: Race, Equality, And The Fourteenth Amendment In The American West, Tom I. Romero Ii

Scholarly Works

No abstract provided.


Our Selma Is Here: The Political And Legal Struggle For Educational Equality In Denver, Colorado, And Multiracial Conundrums In American Jurisprudence, Tom I. Romero Ii Jan 2004

Our Selma Is Here: The Political And Legal Struggle For Educational Equality In Denver, Colorado, And Multiracial Conundrums In American Jurisprudence, Tom I. Romero Ii

Scholarly Works

No abstract provided.


A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig Jan 2004

A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig

Articles by Maurer Faculty

No abstract provided.


Book Review. Affirmative Action And Racial Preference By Carl Cohen And James P. Sterba, Joseph L. Hoffmann Jan 2004

Book Review. Affirmative Action And Racial Preference By Carl Cohen And James P. Sterba, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


Prostitution, Hustling, And Sex Work Law And Policy, Polly Thistlethwaite Jan 2004

Prostitution, Hustling, And Sex Work Law And Policy, Polly Thistlethwaite

Publications and Research

Prostitution, hustling, and sex work are forms of labor, not erotic preferences or identities as are gay, lesbian, bisexual, and transgender, but sex workers and queers alike are stigmatized and criminalized for consensual sexual activity. The state – federal, state, and local law enforcement – routinely interferes with certain types of sexual activity. Enforcement of laws regulating sex behavior often varies given the discretion of local police. In her 1989 essay “Thinking Sex,” Gayle Rubin positions sex-for-money, prostitution, with pornography, promiscuous sex, pornography, and homosexual sex in the low status “outer limits” of the contemporary American sex hierarchy; while heterosexual, …


Book Review. The Price Of Progress: Public Services, Taxation And The American Corporate State, 1877-1929 By R. Rudy Higgens-Evenson, Ajay K. Mehrotra Jan 2004

Book Review. The Price Of Progress: Public Services, Taxation And The American Corporate State, 1877-1929 By R. Rudy Higgens-Evenson, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.


Does Attempted Murder Deserve Greater Punishment Than Murder? Moral Luck And The Duty To Prevent Harm, Russell Christopher Jan 2004

Does Attempted Murder Deserve Greater Punishment Than Murder? Moral Luck And The Duty To Prevent Harm, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.