Although Medicaid is regarded as a federal entitlement program, nowhere does the Medicaid statute explicitly recognize a federal right of action to enforce recipients' rights. Arguably, the Supreme Court, rather than Congress, first recognized the right of Medicaid recipients to protection of federal law. A controversial 2001 federal court decision, however, called into question the continuing ...

Using a pooled data set consisting of 20 annual observations on each of eleven major industry groups, I estimate the effects of overtime pay regulation on weekly work schedules. After controlling for workweek trends within industries, the sharp expansions in overtime pay coverage resulting from legislative amendments and Supreme Court decisions produced no discernible impact on overtime hours. ...

To what extent is criminal behavior in adolescence attributable to risk appraisal? Using two large cross-sectional samples (N = 929, age range: 10-30 years; and N = 1,357, age range: 12-24 years), we examine whether (a) reward bias in risk appraisal is more prominent in adolescence and (b) the association between risk appraisal and criminal behavior is stronger during adolescence than at other ...

This Article assesses three major preemption decisions from the 2008–2009 Term—Altria Group, Inc. v. Good, Wyeth v. Levine, and Cuomo v. Clearing House Ass’n—for their implications about the role of the states in national administrative governance. The Article argues the decisions are centrally concerned with using state law and preemption analysis to improve federal administration and police a...

This commentary on Salem et al. provides background for their study by reviewing Washington v. Harper and outlining some areas that were not addressed by that decision. It contrasts Harper holdings with those in other U. S. Supreme Court decisions in parallel cases and in United States v. Loughner. It provides cautions about extensions of some holdings in Loughner regarding the use of Harper-ty...

Genetic testing is becoming more common and more powerful by the day. The costs of the underlying DNA sequencing technology are plummeting, making it likely that tests based on it will become even more pervasive. The use of tests to determine DNA sequence to help make clinical decisions is here to stay. DNA sequencing is also finding new uses in forensics, determination of ancestry, understandi...

The Supreme Court decision O'Connor v. Donaldson (1975) has been widely interpreted to assert that dangerousness is a constitutional requirement for civil commitment. This interpretation is a misreading of the decision, which actually addressed the conditions disallowing indefinite, involuntary custodial confinement and not the requirements for an initial commitment. An excessive reliance on da...

The recent High Court ruling upholding a prior decision to allow a mother to sue for the cost of rearing a child after having had a failed sterilisation has understandably attracted great controversy (Cattanach v Melchior [2003]). The implications of this decision on what can now be claimed for through medical litigation are significant, and lawyers and doctors will extract from it lessons for ...