Curtis Rooney's article reviews the ERISA law and it relationship to managed care. The piece continues with a review of the relevant preremption provisions and a extentivsive discussion of related U.S. Supreme Court decisions. The author discusses malpractice and design liabilities. The article concludes with a discussion of reform initiatives directed toward the ERISA preemption and damage pro...

Eyewitnesses’ retrospective reports of certainty, view, attention, and other judgments constitute central variables used by courts to assess the credibility of eyewitness identification evidence. Recently, important state Supreme Court decisions (e.g., New Jersey v. Henderson, 2011; Oregon v. Lawson, 2012) have relied on psychological research regarding the post-identification feedback effect t...

In 2009, Mexican Courts started to engage in a transnational conversation between foreign courts. After Mexico was sentenced by the Inter- American Court of Human Rights (IACHR) case Radilla Pacheco, Supreme determined, among other things, that all national judges must examine human rights interpretations issued Federal Judiciary and IACHR, choosing most favorable effective interpretation prote...

This Essay offers the first in-depth examination of the role of colorblind constitutionalism in the history of Brown v. Board of Education. In light of the recent Supreme Court ruling in Parents Involved in Community Schools v. Seattle School District No. 1, such an examination is needed today more than ever. In this case, Chief Justice John Roberts drew on the history of Brown to support his c...

The landmark 1972 U.S. Supreme Court decision in Jackson v. Indiana prohibited the indefinite commitment of criminal defendants on grounds of incompetence to stand trial if there was no substantial probability of restoration to competency in the foreseeable future. Such defendants are still subject to ordinary civil commitment; however, not all will meet civil commitment criteria, given that th...

* Chairman, National Environment Tribunal, Kenya. Former Director, UNEP. This paper draws from earlier papers on past colloquia in Kenya, two for High Court Judges (January and April 2006) and one for East Africa: the Court of Appeal Judges for Kenya, Tanzania and Supreme Court and Court of Appeal, Uganda. I acknowledge the research and other contributions of Judy Gitau of Kaniaru & Kaniaru Adv...

This Note explores Congress’ attempts to restrict Oregon’s Death with Dignity Act by enacting two the Lethal Drug Abuse and Prevention Act of 1998 (”LDAP Act”) and the Pain Relief Promotion Act of 1999 (”PRPA”). It explores constitutional decisions concerning physician-assisted suicide and those which tend to show that the Supreme Court demonstrated federalist leanings during this time. The Not...

The spring 1996 issue of The Future of Children on special education reviewed the legislative and litigation history of the Individuals with Disabilities Education Act (IDEA). This Revisiting article examines the impact of the two U.S. Supreme Court cases setting forth school districts' responsibility to reimburse parents of students with disabilities for private school tuition under certain ci...

This article analyzes the Supreme Court of Canada’s decisions in Canada Trustco v. The Queen and Mathew v. The Queen, the first cases heard by the court involving the application of the general anti-avoidance rule (GAAR). The article begins with a review of the case law, followed by an examination of the Supreme Court’s statements with respect to statutory interpretation in general. The heart o...

This article discusses what happens to testimonial privilege following a patient's death. First, the article reviews the concepts of confidentiality and testimonial privilege. Second, the article discusses the case of Jaffe v. Redmond, in which the Supreme Court ruled that testimonial privilege applies to licensed psychotherapists under Rule 501 of the Federal Rules of Evidence. Third, the arti...