THE RIGHT TO HEALTH – A HOLISTIC PLAN FOR THE NEXT ADMINISTRATION

While both sides of the aisle agree that minimizing costs is a critical component in any health plan, few plans provide specifics aimed at achieving that objective. Current programs provide or extend insurance coverage to the uninsured, divest employers of a coverage requirement, and vest it, instead, in individuals. These methods would add substantial costs… continue reading

THE IMPACT OF MANDATORY REPORTING REQUIREMENTS ON THE CHILD WELFARE SYSTEM

This article explores the impact of the mandatory reporting of child abuse and neglect by analyzing the repercussions of erroneous reports. The consequences of investigating reports that do not result in an intervention by the child welfare agencies can be very serious because these diminish the already over-extended resources of these agencies. The consequences of… continue reading

BUT DID THEY LISTEN?: THE NEW JERSEY DEATH PENALTY COMMISSION’S EXERCISE IN ABOLITIONISM: A REPLY

On January 2, 2007, the New Jersey Death Penalty Study Commission, with one dissenting vote, declared itself “pleased” to submit its report and recommendations to the Governor. The Commission had reached consensus: The legislature should simply abolish the death penalty and substitute life without parole. Although they personally supported capital punishment, some Commissioners voted to… continue reading

PROYECTO ACCESO: USING POPULAR CULTURE TO BUILD THE RULE OF LAW IN LATIN AMERICA

Since the 1990s, much of Latin America has transitioned from an inquisitorial model of criminal procedure to an adversarial model. This Herculean task, over a few short years, has been part of the overall process facilitating the return of democratic governance. In much of the region, countries like Bolivia, Colombia, Ecuador and Paraguay, have labored… continue reading

GEOGRAPHIC INEQUITY IN MEDICARE REIMBURSEMENT – EFFECT OF GEOGRAPHIC PRACTICE COST INDICES ON PHYSICIAN REIMBURSEMENT AND PATIENT ACCESS

Health care reform, particularly Medicare reform, is a central issue in the 2008 presidential election. Candidates and voters are focused on issues related to fees and access to physician care. The Medicare system is divided into three main parts. Part A is primarily related to hospital insurance. Part B is primarily related to medical insurance. Part… continue reading

LAND USE LAW AND ACTIVE LIVING: OPPORTUNITIES FOR STATES TO ASSUME A LEADERSHIP ROLE IN PROMOTING AND INCENTIVIZING LOCAL OPTIONS

With rates of obesity and related diseases on the rise, particularly in children, the time is ripe to raise discussions about how our built and planned environments can encourage not just youth, but people of all ages, to lead healthier lifestyles. Criticism has long been raised that land use policies in the United States encourage… continue reading

OUTSIDERS LOOKING IN: THE AMERICAN LEGAL DISCOURSE OF EXCLUSION

Author: Luis E. Chiesa Shortly after the birth of our nation, Congress enacted the Alien Friends Act, which granted to President John Adams the power to detain and deport aliens from any country deemed “dangerous to the peace and safety of the United States” without affording them due process of law. After the riots and criminal… continue reading

THE UNEQUAL APPLICATION OF NEW JERSEY’S ARTIFICAL INSEMINATION ACT

New Jersey has long served as a leading state in the gay and lesbian civil rights movement. This trend is most evident in the recent developments of New Jersey courts dealing with the rights of same-sex couples. The most notable recent developments are the New Jersey Supreme Court’s decision in Lewis v. Harris and the legislation that followed. View More