Legal Studies Commons^™

How Readable Are Summary Plan Descriptions For Health Care Plans?, Colleen E. Medill, Richard L. Weiner, Brian H. Bornstein, E. Kiernan Mcgorty

Nebraska College of Law: Faculty Publications

How Readable Are Summary Plan Descriptions For Health Care Plans?

• SPDs are the primary source of health plan information: The summary plan description (SPD) is the primary source of information for workers who participate in an employment-based health care plan. This study investigates whether private-sector employers’ SPDs are written so that an average plan participant can identify and read important information contained in the document, as required by federal law. The study collected and tested SPDs for 40 health care plans from a diverse national sample and subjected them to content and readability analyses.

• Important information contained in …

Resolving The Judicial Paradox Of "Equitable" Relief Under Erisa Section 502(A)(3), Colleen E. Medill

Nebraska College of Law: Faculty Publications

A "judicial paradox" exists today concerning the state of equitable remedies available under the Employee Retirement Income Security Act of 1974 ("ERISA"). This paradox exists not as a result of implementation of the statute by a federal regulatory agency, but rather as the result of numerous Supreme Court decisions interpreting the meaning of "appropriate equitable relief" for claims brought under Section 502(a)(3) of ERISA.

An adequate theory of "appropriate equitable relief" under Section 502(a)(3) of ERISA has yet to be developed. Ultimately, the law- equity paradigm has led to judicial decisions under Section 502(a)(3) that contravene Congress's intent to provide …

Two-Edged Swords, Dangerousness, And Expert Testimony In Capital Sentencing, Robert F. Schopp

Nebraska College of Law: Faculty Publications

A series of court opinions and a related line of commentary draw attention to the need for further inquiry regarding the defensible interpretation and application of dangerousness as a consideration in capital sentencing. The court opinions raise questions regarding the manner in which sentencers should interpret and weigh dangerousness as a factor in capital sentencing. In Penry v. Lynaugh, the Supreme Court overturned the capital sentence of a mentally retarded offender under the special issue sentencing standard in force in Texas at that time. This procedure required that the sentencing jury answer two sentencing questions regarding deliberateness and dangerousness. …

The Selective Capacity Of The Likely To Become A Public Charge Clause In The Visa Issuance Process, Camila Morsch

Theses, Dissertations and Capstones

This paper provides an empirical examination of how the Likely to Become a Public Charge Clause (LPCC) is used in the American visa issuance process. This work covers literature on the logic and usage of the LPCC since the late 1800’s to present, suggesting administrative use of the LPCC expands according to different circumstances beyond its intended purposes. The quantitative portion of this work evaluates the use of the LPCC (for both immigrant applicant and nonimmigrant applicant populations) from 1966 to 2002 to ascertain the effect of economic and security conditions on the use of the LPCC. Applied Statistical Logistic …

Intellectual Property Research: From The Dustiest Law Book To The Most Far Off Database, Jon R. Cavicchi

Law Faculty Scholarship

This issue of IDEA introduces a regular series of articles on intellectual property research tools and strategies based on my experience for over a decade as Intellectual Property Librarian and Research Professor at Franklin Pierce Law Center. Pierce Law is consistently ranked among the top law schools training IP professionals. I have taught IP legal research, patent, trademark and copyright searching to hundreds of students and IP professionals in Pierce Law Graduate Programs. I have tackled hundreds of reference and research questions as well as working on countless projects requiring IP information. So I have been faced with challenges and …

Insulating Effects Of Early Childhood Education, William Anthony Kull

Theses Digitization Project

The purpose of this study was to ascertain if formal early childhood education was related to the likelihood of later criminal activity. The secondary data analysis within this study did support inferences for four specific crime factors. This study found that preschool attendance lessened the incurrence of future criminal activity in crime categories of total numbers of damage offenses, total numbers of theft offenses, total numbers of damage alone offenses, and total numbers of injury and theft offenses.

Assessing The Impact Of The Mentally Ill Offender Crime Reduction Aftercare Program In San Bernardino, California, Araseli De La Rosa

Theses Digitization Project

This study examines the San Bernardino Partners Aftercare Network (SPAN). This grant funded program provides intensive mental health aftercare, planning and linkage for inmates housed in West Valley Detention Center in Rancho Cucamonga, CA.

Against Nomopolies, David Sandomierski

Law Publications

Legal pluralism stands in counterpoint to conceptions of l~ that sharply distinguish the legal from the non-legal. This essay considers a neglected feature of classical legal theory - prescriptivism - that sustains this binary ambition. Prescriptivists assert that legal artefacts such as norms are distinct from the human world upon which they operate. Each of centralism, monism, positivism and prescriptivism subsu'!1es diverse associational nomoi · into the nomos of a given community, often the State, thereby creating a nomopoly. To the prescriptivist, human beings are subjects under an external sphere of law. The anti-prescriptivist perspective invites legal subjects to imagine …

Final Evaluation Report: Domestic Violence Case Coordination Project, Karen Monahan, Diane Gout, Anita St. Onge

Children, Youth, & Families

The project sought to address two primary problems: the lack of information available to judges issuing orders in cases involving domestic violence regarding other actions and orders that could affect victim safety (e.g., defendant’s criminal history or related criminal, civil, or other PFA actions); and the lack of judicial follow-up to assure that offenders were complying with the requirements of court orders (e.g., probation conditions requiring the offender to obtain mental health or substance abuse treatment, participate in a certified batterer’s intervention program, or obtain other social services.)

Treatment At The Front End Of The Criminal Justice Continuum: The Association Between Arrest And Admission Into Specialty Substance Abuse Treatment, Sheryl Kubiak, Cynthia L. Arfken, James A. Swartz, Alison L. Koch

Wayne State University Associated BioMed Central Scholarship

Abstract

Background

To reduce criminal recidivism and drug use, it has been proposed that the substance abuse treatment delivery system cut across different components of the criminal justice continuum. Arrest, at the front end of this continuum, may represent a critical moment to motivate people with substance use disorders (SUD) to seek treatment but is often over looked as an intervention point. We used data from the 2002 National Survey on Drug Use and Health (NSDUH) to compare treatment need and recent treatment admission for participants with no criminal justice (CJ) involvement in the past year, past-year arrest, and CJ …

• The Collision Of The Takings And State Sovereign Immunity Doctrines, Eric Berger

Nebraska College of Law: Faculty Publications

I. Introduction 494
II. Framing the Problem 501
III. The Doctrinal Collision Course 504
A. Takings Doctrine and Tax Refund Cases. 504
1. Takings Cases 504
2. Due Process Tax Refund Cases 507
B. State Sovereign Immunity Doctrine 509
C. The Unanswered Questions . 516
IV. TheTextual Argument 518
V. The Structural Arguments 524
A. Which Reading Does Less Damage? 525
B. The Marbury Principle and the Problem of Constitutional Remedies 528
1. Just Compensation and the Remedial Promise 528
2. Alden and the Symmetry of State Sovereign Immunity 550
3. The Availability of Alternative Remedies 555
C. The Fourteenth …

The Inaugural Issue Of The Journal Of Knowledge And Best Practices In Juvenile Justice And Psychology

Contemporary Issues in Juvenile Justice

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 39, Number 1, Fall/Winter 2005–2006

Nebraska Transcript

Table of Contents

2 Five New Faculty Members Bring Variety of Experiences

Career Transitions: Tasha Everman Replaces Notre-Dame-Bound Carla DeVelder as Career Services Director

College Has New Look

McHenry Landscapes Show "This is Nebraska's Law School"

Limerick Summer Program Gives Students Opportunity to Study Comparative Law in Ireland

Harris: "Why Plessy v. Fergusion Is Still Good Law"

Congratulations, Class of 2005!

Rosales Leaves Law College With Mission To Help Others

Family Tradition Ceremony

Seeking Justice: Prof. Alicia Henderson's Tenure Lecture

Alumni Council Awards Honor Distinguished Achievements

Class of 1955 50-Year Reunion Features Camaraderie, Memories

Kratz: White Collar Crime Specialist Founds …

Multi-Jurisdictional And Successive Prosecution Of Environmental Crimes: The Case For A Consistent Approach, John F. Cooney

Journal of Criminal Law and Criminology

No abstract provided.

Behavioural Genetics In Criminal Cases: Past, Present And Future, Nita A. Farahany, William Bernet

Faculty Scholarship

Researchers studying human behavioral genetics have made significant scientific progress in enhancing our understanding of the relative contributions of genetics and the environment in observed variations in human behavior. Quickly outpacing the advances in the science are its applications in the criminal justice system. Already, human behavioral genetics research has been introduced in the U.S. criminal justice system, and its use will only become more prevalent. This essay discusses the recent historical use of behavioral genetics in criminal cases, recent advances in two gene variants of particular interest in the criminal law, MAOA and SLC6A4, the recent expert testimony on …

An Integrated Framework For Modeling And Simulation Of The U.S. Southern Border: A Border Patrol Perspective, Shannon R. Bowling, Ghaith Rabadi, Charles Keating

Engineering Management & Systems Engineering Faculty Publications

Border Security is a complex system consisting of many interrelated components that must function as a whole in order to be effective. The efficacy of border security is dependent on several independent agencies; these include U.S. Customs and Border Patrol (CBP), Immigration and Customs Enforcement (ICE), the Department of Justice (DOJ), state and local law enforcement, and many others. Border security is not only a function of how well each of the agencies perform individually but also how well they interact to accomplish a goal. This paper attempts to model border security from a Border Patrol (BP) perspective using discrete …

Liberalism And Republicanism: In Federal Indian Law, Bethany Berger

Faculty Articles and Papers

This essay shows the ways that, despite apparent contradictions, tribal claims fit within the liberal and republican strands of American democratic theory. Critics of tribal sovereignty and, I believe, the modern Supreme Court, are influenced by the seeming conflict between tribal interests and a liberal philosophical framework. I argue that properly understood, most tribal claims do fit within classical liberal theory, with its emphasis on equality and freedom. It is true that some tribal claims are distinctly those of groups or peoples, and so cannot be adequately captured by an individualist liberal framework. Drawing on the later work of John …

Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli

Scholarly Works

No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …

Bucking Conventional Wisdom: The Montana Public Defender Act, Jessa Desimone

Journal of Criminal Law and Criminology

No abstract provided.

Avl And Response Time Reduction: Image And Reality, Charles Russo

Electronic Theses and Dissertations

Automatic vehicle locator (AVL) systems, utilizing military's global positioning system, may impact response time to law enforcement calls for service. In order to evaluate the impacts of AVL on response time to calls for service at the Altamonte Springs Police Department (ASPD), computer aided dispatch (CAD) data from years 1999 to 2003 were analyzed. The analysis of each of the data sets consisted of an initial sequence chart, an analysis of variance (ANOVA), a means plot and a linear regression. Interviews of ASPD personnel were conducted to understand user perceptions of AVL. Based on the ANOVA results, trends indicate that …

An Evaluation Of The Effects Of A Leisure Education Curriculum On Deliquents' Motivation, Knowledge, And Behavior Changes Related To Boredom, Paul Finn Jr.

Electronic Theses and Dissertations

Adolescents today have more unsupervised and unstructured free time than ever before. Poor decisions by youth during periods of free time may lead to substance abuse, teen pregnancy and juvenile delinquency. The highest frequency of juvenile crime, a major social problem, occurs during the 2-4 hours following the end of the school day. Research has demonstrated the benefits of engaging adolecents in prosocial leisure activity. However, no research has studied the issues of free time and leisure education with a delinquent population. This paper documents the impact of a leisure education curriculum on a population of delinquent youth in a …

Foreword: A Golden Age Of White-Collar Criminal Prosecution, Russell J. Chibe

Journal of Criminal Law and Criminology

No abstract provided.

In Enron's Wake: Corporate Executives On Trial, Kathleen F. Brickey

Journal of Criminal Law and Criminology

No abstract provided.

The Potent And Broad-Ranging Implications Of The Accounting And Record-Keeping Provisions Of The Foreign Corrupt Practices Act, Stuart H. Deming

Journal of Criminal Law and Criminology

No abstract provided.

Investigation Of Halliburton Co./Tskj's Nigerian Business Practices: Model For Analysis Of The Current Anti-Corruption Environment On Foreign Corrupt Practices Act Enforcement, Barbara Crutchfield George, Kathleen A. Lacey

Journal of Criminal Law and Criminology

No abstract provided.

Preindictment Prosecutorial Conduct In The Federal System Revisited, James F. Holderman, Charles B. Redfern

Journal of Criminal Law and Criminology

No abstract provided.

A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause

Journal of Criminal Law and Criminology

No abstract provided.

The Decline Of The Attorney-Client Privilege In The Corporate Setting, William R. Mclucas, Howard M. Shapiro, Julie J. Song

Journal of Criminal Law and Criminology

No abstract provided.

Health Care Fraud Under The New Medicare Part D Prescription Drug Program, Robert N. Rabecs

Journal of Criminal Law and Criminology

No abstract provided.

The Federal Criminal Code Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan

Journal of Criminal Law and Criminology

No abstract provided.