Majette Comments on Variations in Health Care Costs

CardHub.com, an on-line resource for everything concerning credit cards, recently posted an article on its website entitled, Why Do Credit Card Costs Vary So Widely?  Following the article, the site included comments by experts in the field, including C|M|LAW Professor Gwendolyne Roberts Majette.  The post describes the findings of a recent report from the Centers for Medicare and Medicaid Services showing that the prices  hospitals charge insurance providers vary widely within and among regions, states, and even  individual hospitals.

Following the article, experts in the field were asked “What do you make of [the Centers for Medicare and Medicaid Services’] findings?”

Majette said that “The use and purchase of health care services is unlike other services.  Health care is one of the few services that individuals receive without knowing the price in advance.  This is because many people use some type of insurance to purchase these services.  It is also because health care is ‘special.’  Receipt of health care can prevent death, serious illness, disability, and the spread of contagious diseases.  Thus there is a desire to not allow costs to prevent receipt of necessary care.”

The mere fact that CMS is collecting and publishing this data will affect future prices because consumers, regulators, and researchers can use the information to comparison shop and begin to investigate further the reasons for the price variation.  Additionally, the hospitals themselves now know what their competitors’ prices are and they will have to justify the prices they charge in the future.  Antitrust laws preclude hospitals from sharing their prices with each other.”

To read the full post, see:

http://www.cardhub.com/edu/ask-the-experts-health-care-pricing-disparities/

Robertson Recognized as McNair Scholars’ Mentor of the Year

Professor Heidi Gorovitz Robertson

Professor Heidi Gorovitz Robertson

C|M|LAW Professor and Associate Dean Heidi Gorovitz Robertson was recognized on Friday, April 26, as the 2013 Mentor of the Year at the TRIO McNair Scholars Banquet.  The McNair Scholars Program prepares undergraduate students for graduate studies through involvement in research and other scholarly activities. McNair participants are either first-generation college students with financial need, or members of a group that is traditionally underrepresented in graduate education.   Each McNair student is assigned one mentor within their academic discipline and one from outside the discipline.  Professor Robertson has been working with a CSU undergraduate student in environmental science for the past two years as her ‘outside of discipline’ mentor.

Sundahl Co-Authors CMBA Bar Journal Feature Article on Export Controls

Associate Dean Mark Sundahl

Associate Dean Mark Sundahl

C|M|LAW Associate Dean and Associate Professor Mark Sundahl co-authored a feature article entitled Export Control Reform: An Update in the April issue of the Cleveland Metropolitan Bar Association’s Bar Journal.  In the piece, Prof. Sundahl and his co-author, Jon Yormick, explain the status of the Export Control Reform Initiative undertaken by President Obama’s administration.  The initiative is intended to bring greater clarity and consistency to the complex body of regulatory controls that govern the international trade of military and dual-use items.  Prof. Sundahl is participating in the implementation of this initiative as the Vice-Chair of the Export Control Working Group of the FAA’s Commercial Space Transportation Advisory Committee.

Forte Speaks on Civility and Nihilism

On Saturday, April 13, C|M|LAW Professor David Forte delivered a paper, Civility and Nihilism, at conference at John Carroll University.  The theme of the conference was “Freedom of Expression vs. Respect for the Sacred.”

Kowalski Assists with National Employment Law Project Petition for Certiorari

Clinical Professor Ken Kowalski

Clinical Professor Ken Kowalski

C|M|LAW Clinical Professor Ken Kowalski assisted attorneys from the National Employment Law Project, a national advocacy organization for employment rights of lower-wage workers, in drafting a petition for certiorari in the US Supreme Court.  The petition in the case of James A. Lang [et al.] v. Director, Ohio Department of Job and Family Services was submitted March 15, 2013.  The case involves the denial of certain unemployment benefits to three Ohio workers who lost their jobs when their employer transferred its manufacturing operations to Mexico.  A wage subsidy program, Alternative Trade Adjustment Assistance, created by Congress for older workers whose jobs are terminated due to national trade policies, is administered by the Ohio Department of Job and Family Services through contract with the federal Department of Labor.  At issue is whether the ODJFS and DOL interpretations of the requirements for participation in the program contravened the statute itself.  The Ohio Supreme Court in a 4-3 decision, ruled against the workers.  The case presents interesting questions of statutory construction and deference to administrative interpretations.


Forte Reviews Scalia and Garner in The Claremont Review of Books

DavidFortePhotoC|M|LAW Professor David Forte has published Taking Law Seriously, a review of Reading Law: The Interpretation of Legal Texts, by Antonin Scalia and Bryan A. Garner, in The Claremont Review of Books.

The article currently is available on-line to subscribers only.  This links connects to the contents of the issue.  http://www.claremont.org/publications/crb/

Witmer-Rich Writes in Pepperdine Law Reivew on “Sneak and Peak” Searches

 

Professor Jonathan Witmer-Rich

Professor Jonathan Witmer-Rich

The Pepperdine Law Review has accepted C|M|LAW Professor Jonathan Witmer-Rich’s article, The Rapid Rise of “Sneak and Peek” Searches, and the Fourth Amendment “Rule Requiring Notice.”  The article examines delayed notice search warrants, authorized in the USA Patriot Act, permitting police to conduct covert searches of homes and businesses, only notifying the resident of the search weeks or months later.  The article presents the first empirical account of the rapid rise in covert searching:  from around 25 delayed notice search warrants nationwide in 2002, to over 3,700 in 2011, representing approximately ten percent of all federal search warrants.  Most courts to date have held that covert searching raises no Fourth Amendment concerns.  Witmer-Rich argues to the contrary, based on Fourth Amendment first principles, an historical analysis of search and seizure at the time of the founding, and a re-examination of the Supreme Court’s so-called “knock and announce” rule.  In a separate article, still in progress, Witmer-Rich explains why the current statutory regime governing delayed notice search warrants has facilitated the dramatic increase in the practice of covert searching, and proposes legal reforms that would substantially limit the number of delayed notice warrants, while still preserving the technique for cases involving sufficiently compelling law enforcement interests.

Ray Reviews Liebenberg’s Socio-Economic Rights: Adjudication under a Transformation Constitution

Professor Brian E. RayThe European Journal of International Law (http://www.ejil.org/) recently accepted for publication C|M|LAW Professor Brian Ray’s review of Socio-Economic Rights: Adjudication under a Transformative Constitution by Sandra Liebenberg.  The review will be formally published in the European Journal of International Law’s Volume 2 later this year but it is currently available on the journal’s website.  EJIL is jointly published by New York University and the Oxford University Press.

You may view the book review here: http://globallawbooks.org/reviews/detail.asp?id=767

Sundahl Discusses International Traffic in Arms Regulations before Cleveland Foreign Credit Group

On March 14, 2013, C|M|LAW Professor and Associate Dean Mark Sundahl delivered a talk on the Obama Administration’s initiative to reform the International Traffic in Arms Regulations (ITAR) at the Cleveland Foreign Credit Group’s monthly meeting.  Sundahl spoke about the impending paradigm-shift in the U.S. approach to regulating international trade in military hardware and data.  He explain how, under the leadership of President Obama, the complicated, ambiguous, and frequently absurd system of export controls under the bifurcated regulations administered by the Department of Commerce and the Department of State is in the process of being merged into a more rational set of regulations overseen by a single administrative agency.

Hoke Quoted in Courier-Journal Regarding Potential Vulnerabilities in Electronic Voting

C|M|LAW Professor Candice Hoke was quoted in a Courier-Journal article, Kentucky Democrats say online voting will be more secure than Florida’s vulnerable system, by Joseph Gerth.  In reaction to Kentucky Secretary of State Alison Lundergan Grimes’ assertion that the exposed vulnerability of Florida’s electronic absentee ballot request system is not applicable to Kentucky’s electronic voting plans, Hoke said “[n]ot only are we dealing with a high-risk situation, we’re also dealing with state and local offices that are not equipped to deal with any kind of cyber defense.”  According to Grimes, Kentucky’s system incorporates multilevel security measures to ensure votes aren’t tampered with, whereas the Florida ballot request system, for which a vulnerability was exposed, did not even require the use of passwords or specific log-ins.  Grimes accused the Verified Voting Foundation, for which Hoke serves as an advisor  of “stirring up fear about electronic voting and using the Florida case to raise concerns about unrelated systems,” like that being considered in Kentucky.

To read the full article, click here:

http://www.courier-journal.com/article/20130320/NEWS0101/303200123/Kentucky-Democrats-say-online-voting-would-more-secure-than-vulnerable-Florida-system?nclick_check=1