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The Polarized Congress: The Post-Traditional Procedure of Its Current Struggles
No full textThe Polarized Congress: The Post-Traditional Procedure of Its Current Struggles argues that the rise of the polarized Congress means a totally different Congressional procedure, especially after 2007, compared to the accustomed traditional one. Polarized Congress explores a host of lesser-known, even sometimes below the radar, aspects of the post-traditional or polarized model. These range from ping-ponging of major measures between chambers (without conferencing), to the Senate Majority Leader\u27s new toolkit . They go from the now-crucial Hastert Rule in the House, to the astonishment of legislating the Affordable Care Act by singular procedures including budget reconciliation. The book challenges the easy assumption, especially by the non-specialist press, that Congressional procedure is descending into nothing more than chaotic brutishness or eternal stalemate. Instead, it explains the transformation of the traditional model about how a bill becomes a law before 2000, into the new current model in which Congress acts very differently.https://scholarworks.law.ubalt.edu/fac_books/1101/thumbnail.jp
Medicaid Maximization and Diversion: Illusory State Practices that Convert Federal Aid into General State Revenue
Get PDFFor years, states have been using illusory schemes to maximize federal aid intended for Medicaid services-and then often diverting some or all of the resulting funds to other use. And states have help. Private revenue maximization consultants are hired by states to increase Medicaid claims, often for a contingency fee. We do not know the exact amount of federal Medicaid funds that has been diverted to state revenue and private profit each year, but it is in the billions.
The states\u27 revenue strategies take advantage of the matching-grant structure of the Medicaid program. When state funds are spent on eligible health care services, the state can then claim federal Medicaid matching funds-intended to increase the amount of money available for the Medicaid services. For example, Maryland has a fifty percent match percentage for the Medicaid program. So when Maryland spends 500 from the federal government-for a total of $1,000 intended for health care for the poor
U.S. Must Prioritize Financial Inclusion
No full textAn issue that received short shrift during the 2016 election was the urgent need to give all Americans access to the banking system — the system that we all pitched in to rescue after the economic bust of 2008.
Twenty-seven percent of U.S. households, or about one in four, do not have access to the full range of banking services. Meanwhile, 7 percent of Americans are considered unbanked, meaning they don\u27t have access to an insured bank account or to any banking services. And roughly 20 percent of American households are considered underbanked : They have a bank account, but they do not use the banking system to meet transaction or credit needs.
In late October, the Federal Deposit Insurance Corp. released its biennial survey of unbanked and underbanked households. The survey, which looked at 2015, measures the inclusiveness of the banking system by determining the number of people with insured bank accounts over the previous 12 months
Emerging Issues: Is a Grexit—A Greek Exit from the Eurozone—the Solution?
Get PDF“Greece is in its own Great Depression. But unlike the United States, it won’t be able to get back on its feet as quickly[.]”1 For over five years now, Greece has been doddering on the edge of disaster. Receiving its third bailout in five years, Greece is now faced with the task of implementing strict austerity controls that the Greek people have unequivocally rejected. If Greece were to default, one consequence is a Grexit, a Greek exit from the European Union, which many fear would compromise the delicate European system.2 On August 20, 2015, Greece narrowly avoided default on its loan to the European Central Bank (ECB), and made a crucial payment to its creditors after receiving new aid from other Eurozone countries.3 Unfortunately, most of the new 86 billion euro (approximately 96 billion dollars) package will largely be used to repay the already existing crippling debt, rather than assist in rebuilding the struggling Greek economy.4 Additionally, austerity measures the bailout package required are exactly what current Prime Minister Alexis Tsipras of the left-wing Syriza party had promised to get rid of as part of his platform earlier this year. The conditional deal has already hit rough waters, as creditors have delayed the second installment of two billion euros.5 If Greece continues to fail to meet its targets, this can have negative implications down the line.
The Standing Rock Sioux Indians: An Inconvenience for Black Gold
Get PDFThe issue of the Native American (“Indian”) tribes’ rights to their lands started with the application of the European doctrine of discovery, continued with series of wars and population decimations, and finished with broken treaties and territorial occupations. After centuries of struggle for land and sovereignty, Indians still fight for their rights to the North American territories.
The lawsuit brought by the Standing Rock Sioux Tribe against the U.S. Army Corps of Engineers (“the Corps”) is the latest and most publicized in recent years. The Tribe’s main concerns are the passing of a major crude-oil pipeline (Dakota Access Pipeline, or “DAP”) under Lake Oahe on the Missouri River, which could have a great environmental impact on the only major source of water for the tribal lands, and the passing of the pipeline through sacred lands and burial sites, areas of great cultural significance for the Sioux tribes. In light of the Tribe’s tumultuous relationship with the U.S. government over the past 150 years, the Corps decided to use the advice of the Council on Environmental Quality and perform a heightened analysis of alternatives and potential oil spill risks and impacts. On December 4th 2016, the Corps announced that it would not grant the easement needed to construct the pipeline under the lake, required by the Mineral Leasing Act, 30 U.S.C. § 185, and moved to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969, considering the Tribe’s treaty rights and alternative routes. While the Corps’ decision is a major victory for the Sioux, there are still questions to be answered: what happens to the Tribe’s lawsuit and to Dakota Access, LLC’s cross-claim against the Corps and how will the Trump administration influence the Corps’ decision
Shattering the Glass Ceiling in International Adjudication
Get PDFThe Article shows that women are found in dramatically low numbers on the benches of the majority of the world’s most important international courts, analyzes the causes of this phenomenon and proposes and evaluates solutions. It establishes that the number of women in the pool of potential judges does not appear to dictate how many women become international judges. It shows, too, that when selection procedures are closed and opaque, and there is no quota or aspirational target for a sex-balanced bench, women obtain international judgeships in disproportionately low numbers. On the other hand, when a quota or aspirational target exists, benches are more balanced. Finally, the Article suggests and evaluates concrete reforms to selection procedures on international courts to remedy this problem, including greater transparency and openness in selection procedures, aspirational targets for the participation of women on the bench and quotas. It is the first article to explore the relationship between selection procedures and sex representativeness outcomes on international courts
Session D: Collaboration, Iteration and Design in Legal Scholarship
No full textLed by Mark Edwards, Mitchell Hamline School of La
Panel 1: Legal Scholarship and Legal Education
Get PDFIn an era of shrinking law school budgets, can support for legal scholarship be defended as an important part of the education of lawyers and other legal professionals? Can (should) scholarship be made more relevant or useful to programs of legal education?
Presenters:
Anita LaFrance Allen, University of Pennsylvania Law SchoolJeffrey L. Harrison, University of Florida Levin College of LawShari Motro, University of Richmond College of Law
Moderator:
Mortimer Sellers, University of Baltimor
Five Ring Fraud
No full textOn Monday, the World Anti-Doping Agency released an independent report it commissioned to investigate allegations of widespread, state-sponsored doping in Russian sport. The report, prepared by Canadian sports law expert Richard McLaren, concluded beyond a reasonable doubt that the Russian government orchestrated an extensive program of athlete doping and cover-ups in at least 30 sports. The agency and the leaders of several national anti-doping organizations, including Travis Tygart of the United States Anti-Doping Agency, have called on the International Olympic Committee to ban all Russian athletes from the upcoming Summer Games in Rio de Janeiro.
While the IOC has banned nations from participating in the Olympic Games for political reasons, such as with South Africa due to apartheid, no nation has been banned for reasons relating to sport. Yet such a ban on Russia would seem consistent with the Olympic Charter, which states that among the fundamental values of Olympism are respect for fundamental ethical principles. These principles clearly were absent from Russia\u27s understanding of the Olympic values, as the McLaren report documented its Disappearing Positive Methodology – the way in which officials manipulated athlete samples to ensure they beat drug tests. The IOC is set to decide whether to ban Russia from the Rio Olympics in the coming days. In the meantime, the IOC has imposed sanctions, including ordering a full investigation of all Russian athletes who participated in the Sochi Winter Olympics in 2014 and a ban on all Russian sports ministry officials from the Rio Games