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Articles 1 - 8 of 8
Full-Text Articles in Law
When Good Policies Go Bad: Controlling Risks Posed By Flawed Incentive-Based Compensation, Nicole Vincent
When Good Policies Go Bad: Controlling Risks Posed By Flawed Incentive-Based Compensation, Nicole Vincent
Cleveland State Law Review
The recent Wells Fargo scandal revealed the harm that can result from flawed incentive-based compensation arrangements. Large financial institutions have both a legal and an ethical obligation to ensure that any incentive-based compensation arrangements that are in place will not encourage risky or fraudulent employee behavior. The continued existence of inappropriate and poorly structured arrangements demonstrates that existing regulations are inadequate to ensure compliance and protect consumers. Regulations should include increased penalties and should more evenly distribute the burden of oversight and compliance between the public and private sectors. In addition to regulatory reform, the government should prosecute culpable high-level …
Privatization Of Water Desalination: The Need To Balance Governmental And Corporate Control In California, Melissa Lee
Privatization Of Water Desalination: The Need To Balance Governmental And Corporate Control In California, Melissa Lee
Global Business Law Review
This note argues that California has to create regulations that prevent complete privatization of desalination facilities and protect the public's right to the water. This note provides a model that should be adopted by California in order to safeguard the water and community. There must be legislations and regulations to answer important issues of water rights and distribution of the desalinated water. Israel has utilized and the technology of desalination for half a century and has laws pertaining to water and privatization that can provide insight into what should be adopted by California.
Nasa's Commercial Crew Transportation System Requirements And The Faa Human Spaceflight Regulations: A Study In Contrasts?, Mark J. Sundahl
Nasa's Commercial Crew Transportation System Requirements And The Faa Human Spaceflight Regulations: A Study In Contrasts?, Mark J. Sundahl
Law Faculty Contributions to Books
On December 10, 2010, NASA issued the second version of the technical requirements that will be imposed on private companies that provide orbital crew transportation services to NASA. These Commercial Crew Transportation System Requirements for NASA Low Earth Orbit Missions impose a multitude of operational and design requirements that, among other things, extend many existing NASA technical requirements to private service providers. The sheer volume of these requirements is daunting – being composed of a collection of approximately 80 existing NASA guidelines on various areas from crew health and safety to power systems, wiring, and orbital debris mitigation. This approach …
Political Factors And Enforcement Of The Nursing Home Regulatory Regime, Philip C. Aka, Lucinda M. Deason, Augustine Hammond
Political Factors And Enforcement Of The Nursing Home Regulatory Regime, Philip C. Aka, Lucinda M. Deason, Augustine Hammond
Journal of Law and Health
This study analyzes the influence of political factors, oversight, and nursing home affiliation or ownership status on the enforcement of the nursing home regulatory regime, signified by the Nursing Home Reform Act ("NHRA") and its progeny. Specifically speaking, it measures, using the statistical technique of regression analysis, factors that account for variations across states in the number of deficiencies (or violations of quality standards) cited by nursing home inspectors across the states. This work is a first of its kind, an analysis not government-related, by a set of public administration scholars that systematically studies the influence of political forces on …
Nursing The Primary Care Shortage Back To Health: How Expanding Nurse Practitioner Autonomy Can Safely And Economically Meet The Growing Demand For Basic Health Care , Michael B. Zand
Journal of Law and Health
This article first discusses the history and educational requirements of the Nurse Practitioner profession. It then discusses the policy reasons why Nurse Practitioners should, and do, play an important role in the country's health care delivery system. The core of the article deals with the legal issues surrounding the NP's scope of practice including the need for collaborative agreements with physicians, authority to prescribe drugs, and identification. Finally the article discusses how NPs fit into the health insurance scheme and their liability for malpractice.
Clash Of The Titans: Collisions Of Economic Regulations And The Need To Harmonize Prescriptive Jurisdiction Rules, Milena Sterio
Clash Of The Titans: Collisions Of Economic Regulations And The Need To Harmonize Prescriptive Jurisdiction Rules, Milena Sterio
Law Faculty Articles and Essays
Part I of this article describes regulatory clashes involving different states' public laws, and then focuses on certain areas of law, including antitrust, securities, and Internet commerce and publishing, where such clashes are most likely to take place. Part II focuses on the different solutions to this regulatory puzzle invoked by scholars, advocating either territorial-based or substance-based approaches. Part III then critiques the two approaches, while emphasizing the need to address the issue from a global perspective, that is, by seeking to harmonize jurisdiction-allocating rules on an international level.
Is America Over-Lawyered, Shirley M. Hufstedler
Is America Over-Lawyered, Shirley M. Hufstedler
Cleveland State Law Review
Are we over-lawyered? The answer that a lawyer must give is the kind of response that always exasperates laypersons-yes and no. We do have far more lawyers than we can absorb in the existing professional structures, at costs that can be paid by persons who need those services. The unmet need for legal services is very large and growing. Program after program designed to fund legal aid for the poor has been cut or extinguished. Even in a profession that is as crowded as our own, there is always room for the very best, the dedicated and the least selfish.
Non-Litigation Proceedings Before Administrative Agencies, Matthew J. Koch
Non-Litigation Proceedings Before Administrative Agencies, Matthew J. Koch
Cleveland State Law Review
The expanding size and burgeoning complexity of the federal, state, and local governments accompanied by a corresponding increase in the administrative agencies of each branch of government, have created new and perplexing problems for the attorney, whether he be in private practice, or house counsel for a large company. By necessity, the attorney is called upon to pursue and solve problems outside of the judicial branch of the government. In order to attack these problems, it is necessary to know what constitutes an administrative agency, and what constitutes administrative law.