Representing the healthcare organization in a post-Sarbanes-Oxley world: new rules, new paradigms, new perils

The Sarbanes-Oxley Act (Act) significantly changed the expected corporate behavior of public companies. The Act governs the relationship between corporate organizations and their in-house or outside counsel. Under Section 307 of the Act, the Securities and Exchange Commission initially proposed expansive rules regarding counsel's duties. After comments and criticism from much of the bar, a final, narrower, version of rules under Section 307 (Final Rule) was adopted. The Final Rule contains alternative reporting procedures, attorney responsibilities, and sanctions for violations. In addition to the Act, the American Bar Association's (ABA) Task Force on Corporate Responsibility(Task Force), which was itself a reaction to Enron, reported on the importance of counsel's role in a corporate setting (Cheek Report). The ABA adopted amendments to its Model Rules of Professional Conduct (Model Rules) 1.6 and 1.13 as proposed in the Cheek Report. The Final Rule and amended Model Rules together suggest that attorneys may owe duties beyond those owed to their clients.     

IP litigation, the new money-spinner

It is a truism that intellectual property litigation costs alot of money. It can be ruinously expensive even for the victor,never mind the beaten, bloodied loser. Much effort has beendirected at reducing the cost of combat in court: streamliningthe trial process, rocket dockets, better case management, toname a few, have produced some relief for costly litigationbut no cure. However, since the reward for the winner is sooften the opportunity of either enforcing a     

New right,new left,new challenges: understanding and responding to neoconservatism in contemporary criminology

This essay examines the rise of neoconservative thought within criminological discourse from the enlightenment ‘quarrel’ with ancient philosophy and church supported scholasticism in the 1700s to the present day. From the perspective of criminology, it is argued that there is little new about the ‘new right’ with the exception that it has managed to galvanize itself as a popular retributionist alternative among the working class in the United States, Canada, and England. The current organization of social institutions in a modern ‘risk society’ facilitates the easy re-definition of the crises of late-modern capitalism into issues of social control. It is not surprising we find the right reinvigorated and prominent under these conditions. New left realism and crime control through social development are offered as competitive platforms from which to advance critique of barbaric right-wing crime-control policies. Despite all my rage, I am still just a rat in cage (Smashing Pumpkins 1996)     

Beyond the anti-kickback statute: new entities, new theories in healthcare fraud prosecutions

The authors analyze existing and developing trends in healthcare fraud litigation. They first review the traditional use of the Medicare-Medicaid Anti-Kickback Statute to prosecute such fraudulent activity. They then consider newer theories that have been employed, or may be employed, in cases involving payors, middlemen, agents, and fiduciaries. These include the use of the Civil False Claims Act, the Federal Travel Act, and the Public Contracts Anti-Kickback (sometimes incorporating violations under state commercial bribery and similar state legislation to form the basis of a federal claim or prosecution). The Article then turns to a discussion and warning of attorneys' potential liability for a client's kickback arrangements. Finally, the Article takes a very brief look at relationships under Medicare Part D that may well prove to be a fertile area of problematic conduct, public and congressional scrutiny, and prosecutions utilizing some of these theories.     

Facing rejection: new relationships, broken relationships, shame, and stalking

This study provides a preliminary examination of the relationship among shame-proneness, emotions, and persistent, unwanted courting or pursuit behaviour. A total of 222 undergraduates completed a questionnaire measuring responses to the termination of a relationship or the declining of a date. The Test of Self-Conscious Affect was used to measure shame. Although shame was unrelated to types of intrusive behaviour, individuals who engaged more repetitively in covert pursuit tended to ruminate more over their love interest than did those who rarely engaged in such behaviour. Rumination was positively correlated with shame. Self-harm behaviours and harm toward others were associated with feelings of sadness and depression, and those who engaged more often in harm toward others also reported feelings of anger and jealousy. Conclusions are made regarding the function of shame and other emotions in intrusive behaviour and their potential relevance to treatment of stalkers.     

Noam Chomsky,neoliberalism, and the new war on Iraq

This article was originally presented as an address on May 31, 2003, when Ms. Roy received the 2003 Noam Chomsky Award at the annual conference of the Justice Studies Association in Albany, New York.     

Obesity, courts, and the new politics of public health

Health care politics are changing. They increasingly focus not on avowedly public projects (such as building the health care infrastructure) but on regulating private behavior. Examples include tobacco, obesity, abortion, drug abuse, the right to die, and even a patient's relationship with his or her managed care organization. Regulating private behavior introduces a distinctive policy process; it alters the way we introduce (or frame) political issues and shifts many important decisions from the legislatures to the courts. In this article, we illustrate the politics of private regulation by following a dramatic case, obesity, through the political process. We describe how obesity evolved from a private matter to a political issue. We then assess how different political institutions have responded and conclude that courts will continue to take the leading role.     

Erasable ink; something old, something new

Writing made with the Frixion ® rollerball pen by Pilot ® can be made colourless using the eraser incorporated in each pen. The heat generated by the friction between eraser and paper decolourises the ink and other sources of heat have a similar effect. The original colour of the ink is restored by cooling it to a temperature below 20 °C.     

Families,frontiers and the new imperial history

One of the more recent developments in historiography has been the emergence of 'new imperial history'. The articles within this special edition of the History of the Family offer examples of how some historians have dealt with the histories of both empires and families.     

Families,frontiers and the new imperial history

One of the more recent developments in historiography has been the emergence of 'new imperial history'. The articles within this special edition of the History of the Family offer examples of how some historians have dealt with the histories of both empires and families.     

New families,new governance and old habits

In December 2011, the UK Government formally launched its ‘troubled families’ initiative. This is a focused programme of interventions, coordinated at local level and paid for by results. It has been described by the Prime Minister as a part of the ‘social recovery’ that has to be set alongside the economic recovery that is his government's priority. It is illustrative of a decisive shift in the nature of the welfare state as it reflects the neo-liberal political project. It also reflects a purposed shift in social attitudes towards troubled and troublesome families, driven to a considerable degree by a vicious popular press. It is indicative of a marked shift in the pendulum from ‘rehabilitation’ to ‘rescue’ as the focus of welfare practice with children and families. Recent developments in the promotion of adoption of children in the UK should be viewed in this light. This paper considers how those families with tense or divergent relationships with the state are to be governed in the context of a state and a set of social attitudes that represents a decisive break with the post-war welfare consensus.     

Canada: new report on HIV,HCV, and women prisoners

In March, 2003, the Prisoners' HIV/AIDS Support Action Network (PASAN) released Unlocking Our Futures: A National Study on Women, Prisons, HIV and Hepatitis C, a qualitative, evaluative study investigating the perceptions and lived experiences of federally incarcerated women regarding HIV/AIDS and hepatitis C (HCV).     

The new Basle Accord, internal ratings, and the incentives of banks

The Basle Accord of 1988 regulates how much equity banks must set aside as a cushion against the default risk. In its 1999 proposal for a new Accord, the Basle Committee seeks to introduce different equity ratios for customers of different risk levels. The proposal strongly favors external ratings as a means of risk determination. German banks, on the other hand, demand acknowledgement of their internal ratings.This paper shows that, even if assumed that banks have better diagnosis skill than external rating agencies, external ratings are better able to implement the goals of the Basle Committee than internal ratings. This is due to a lack of incentives to truthfully reveal their diagnosis results. These incentives may be provided by supervision of internal ratings, even if imperfect and only occasional. However, this requires that a fine be imposed if the supervising authority comes to a result different from the internal rating assigned by the bank.     

Science, politics, and crime prevention: Toward a new crime policy

Objective

Crime prevention has entered a new, more robust phase of research activity and holds greater relevance to policy and practice today than ever before. It stands as an important component of an overall strategy to reduce crime. This paper sets out a modest proposal for a new crime policy to help build a safer, more sustainable society.

Materials and methods

Narrative meta-review of the crime prevention literature.

Results

The central features include: ensuring that the highest quality scientific research is at center stage in the policy-making process; overcoming the “short-termism” politics of the day; and striking a greater balance between crime prevention and crime control. Both simulation studies and experiences in Washington State show that early prevention can reduce crime, save money, and reduce the need for costly incarceration.

Conclusions

Quality criminological research should be used to strike a policy balance between crime prevention and crime control.