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The Law of Healthcare Administration
No full textHealthcare leaders must navigate a complex and constantly evolving legal environment. The Law of Healthcare Administration provides a comprehensive and practical overview of healthcare law and its role in the management of healthcare organizations.The tenth edition of this classic text explores substantial shifts in the legal landscape, including the effects of the COVID pandemic, the Dobbs v. Jackson Women’s Health Organization abortion rights decision, and Biden-era legislative and regulatory developments. J. Stuart Showalter and new co-author Sallie Thieme Sanford provide a broad perspective on a wide range of healthcare justice issues, using inclusive language and incorporating examples that involve various types of healthcare providers.https://digitalcommons.law.uw.edu/faculty-books/1081/thumbnail.jp
The Impact of the Digital Revolution on Modern Trials
No full textTrial advocacy in the twenty-first century requires lawyers to have a keen sense of the information needs of their audience, be it a judge or jurors. Breakneck changes in technology and internet use have propelled the blur of change to such a speed that is difficult to track. Trial lawyers must try and understand what all this means for the way that people process information and make decisions. In this article, William S. Bailey discusses the need to develop a style that seamlessly incorporates illustrations and animations with verbal arguments and questioning witnesses.https://digitalcommons.law.uw.edu/faculty-books/1080/thumbnail.jp
From Brief to Business: How Mastering Brief Writing Techniques is Essential for Successfully Drafting Transactional Documents
No full textTransactional documents - contracts, wills, prenuptial agreements, residential real estate leases, merger agreements - are prospective documents that establish a binding agreement between two or more parties. The goal of those transactional documents is to ensure the smooth operation of any business; as a result, they are different from briefs that typically look back at past actions.
Most lawyers, therefore, only think of persuasive writing when thinking about litigation-related writing. Yet, like briefs, transactional documents must be drafted in a persuasive manner to ensure that they are effective in (1) securing a legally binding agreement that cannot be second-guessed and (2) communicating the parties’ intent. Persuasive writing techniques will help achieve these two goals. First, using persuasive language when drafting transactional documents is helpful to the parties: persuasive drafting choices can convince the counterparty to perform according to the agreement. Second, while “the transactional drafter’s aim is to minimize the likelihood of third-party intervention,” if third-party intervention does occur, persuasive writing techniques can help ensure that the agreement will be interpreted in the way your client intended
Administrative Sovereignty: Tribal Governance and Public Administration
No full textThis cutting-edge new casebook challenges the dominant White-centric narrative of public administration, offering a fresh array of perspectives, with the lofty aim of ending the marginalization of communities in public policy implementation. Contributors adopt a liberatory framework to examine street-level public administrators (e.g., teachers, security officers, policy analysts, and human resource experts) most responsible for implementing public policy in the United States, including and amplifying previously unrecognized narratives on the front lines of public administration. Case studies explore real-life public servants, not traditionally heard of, offering counter-narratives. Each chapter concludes with an empowerment exercise and assignment for faculty to adopt in their classroom.
This edited volume, a first of its kind, is written by experts in public policy and administration, bringing together top and emerging scholars in one volume to amplify underrepresented voices in public administration and policy. Chapters are rooted in qualitative approaches and center the narratives of marginalized communities, including women, People of Color, and LGBTQIA+ public servants. Street-Level Public Servants offers a much-needed casebook for public administration and public policy courses in the twenty-first century.https://digitalcommons.law.uw.edu/faculty-chapters/1058/thumbnail.jp
The Right To Access Information on Land Recovery, Compensation, Assistance, And Resettlement: Case Study, City of Can Tho, Vietnam
Get PDFLand recovery in Vietnam is the process of compulsory transfer of land use rights from the hands of land users to the hands of the State by way of local government agencies. Land recovery frequently raises issues of compensation, assistance, and resettlement. It is vital for affected land users and the general public to have access to reports on land recovery, compensation, and resettlement. The article describes a limited survey of Vietnamese people whose land was subject to government recovery and evaluates their access to and understanding of information at each stage of the land recovery process. The study revealed a number of weaknesses in the communication process between land users and state entities when government agencies recover property for public purposes. The article makes specific recommendations meant to balance the interests of the state, investors, and people subject to land recovery, and to ensure democracy and implementation of the Vietnamese public’s right to oversight and accountability
BEHIND THE SCENES OF THE 2021 HOLLYWOOD LABOR UNREST
Get PDFIn 2021, the Hollywood guild International Alliance of Theatrical Stage Employees (IATSE) negotiated a new contract with Alliance of Motion Picture and Television Producers (AMPTP). IATSE had enjoyed a relatively peaceful labor existence in its 128 years. However, after negotiations with AMPTP stalled in 2021, IATSE held a vote to strike. The IATSE voters authorized a strike if negotiations did not produce an agreement.
If IATSE had initiated a strike, productions would have effectively shut down. If Hollywood productions shut down, the industry would suffer millions in lost profits, employees would risk an unpaid strike, and viewers would likely see a decrease in content produced. IATSE and AMPTP eventually came to an agreement and avoided a strike in November 2021. But even with a new agreement some IATSE members remain unhappy. This Article analyzes the underlying issues which contributed to the stalled negotiations and subsequent 2021 labor unrest between IATSE and AMPTP. The main root cause of the labor unrest was a breakdown in negotiations between AMPTP and IATSE. This breakdown stems from three core underlying issues: (1) the working conditions for IATSE members; (2) the impact COVID-19 had on productions and the subsequent backlog of projects; and (3) new media pressures on producing large quantities of content for viewers forced to stay home, along with the lower payments IATSE members received on new media projects compared to traditional productions. Some of these issues existed independently from each other. However, this Article shows that these three underlying issues combined to create the labor unrest of 2021
The ACTEC Commentaries on the Model Rules of Professional Conduct, 6th ed.
No full textThe Sixth Edition of the ACTEC Commentaries addresses changes to the estate planning and probate practice, and the practice of law in general, since 2015 when the Fifth Edition was published. In that time period, the worldwide pandemic accelerated the use of technology in the practice and changes to the formalities of document execution that had been in place for centuries. Those developments in turn require reconsideration of the lawyer’s ethical duties when using the new methods of communication. In addition, this Edition has been updated to reflect increasing concern about elder abuse and the dilemma of the client with diminishing capacity. Other changes reflect changes in family law and issues that have been addressed in cases and ethics opinions around the country since the last Edition.
There have not been significant changes to the ABA Model Rules since the last Edition. Other laws may affect and regulate a lawyer’s duties, such as duties regarding reporting of elder abuse or child abuse. There have been no final changes to the regulation of lawyers with respect to financial transaction reporting since the last Edition, but the work of the Financial Action Task Force is ongoing and further regulation is expected. In addition to changes to the Model Rules and applicable state ethics rules and opinions, attorneys must keep up with changes to those other laws, including regulation aimed at combatting money laundering, that affect attorney duties and reporting requirements. The recommendations in this Edition are current as of September 2022, but are likely to be affected by further developments.
As Reporters, we thank the many who contributed to the Sixth Edition but give special acknowledgment to Professor Elizabeth Carter, who served as co-chair of the Commentaries 6th edition subcommittee, Andrew Rothstein, Christopher Gadsden, Janet Montgomery, Kevin McCrindle, Mary Radford, Peter Mott, Richard Gorini, Steven Benefield, Amy Hess, and William Hennessey, who served on the Commentaries 6th edition subcommittee, Linda Retz, who served as Chair of the Professional Responsibility Committee at the beginning of this process, created the plan for the project to be accomplished, and kept the project moving throughout the pandemic, and to all members of the Professional Responsibility Committee of ACTEC for their efforts on this project. We also express appreciation to the reporters for the previous editions: John R. Price, Reporter for the First and Second Editions; Bruce S. Ross, Reporter for the Third Edition; Charles Bennett and Cynda Ottaway, Co-Reporters for the Fourth Edition; and Thomas A. Andrews, Co-Reporter for the Fifth Edition. Finally, we commend and thank the ACTEC Foundation for its ongoing support of the ACTEC Commentaries, which continue to provide important guidance to the bench, bar and public sector.https://digitalcommons.law.uw.edu/faculty-books/1086/thumbnail.jp