Medicare program; quarterly listing of program issuances and coverage decisions--HCFA. General notice

This notice lists HCFA manual instructions, substantive and interpretive regulations and other Federal Register notices, and statements of policy that were published during January, February, and March 1992 that relate to the Medicare program. Section 1871(c) of the Social Security Act requires that we publish a list of our Medicare issuances in the Federal Register at least every 3 months. We also are providing the content of the revisions to the Medicare Coverage Issues Manual published during this quarter. On August 21, 1989 (54 FR 34555), we published the content of the Manual and indicated that we will publish quarterly any updates. Adding the Medicare Coverage Issues Manual changes to this listing allows us to fulfill this requirement in a manner that facilitates identification of coverage and other changes in our manuals.     

Medicare program; quarterly listing of program issuances and coverage decisions--HCFA. General notice

This notice lists HCFA manual instructions, substantive and interpretative regulations and other Federal Register notices, and statements of policy that were published during January, February, and March 1991 that relate to the Medicare program. Section 1871(c) of the Social Security Act requires that we publish a list of our Medicare issuances in the Federal Register at least every three months. We are also providing the content of the revision to the Medicare Coverage Issues Manual published during this quarter. On August 21, 1989 (54 FR 34555), we published the content of the Manual and indicated that we will publish quarterly any updates. Adding the Medicare Coverage Issues Manual changes to this listing allows us to fulfill this requirement in a manner that facilities identification of coverage and other changes in our manuals.     

The death penalty and the right to life

On the first anniversary of the killing of Osama Bin Laden, some reflection on the phenomenon of state-sponsored execution in an enlightened, civilised world seems appropriate. While this subject has an obvious international character, it also possesses some intriguing Irish and Northern Irish dimensions. In a wide ranging treatise, I examine how the rule of law has dealt with the death penalty at both the national and international levels, highlighting in particular the important influence of national constitutional laws in this sphere. I examine also the influence of the universally acknowledged right to life and the requirement of due process.     

Education Counts: Turning Crisis Into Opportunity for Adolescents

This essay, adapted from the keynote address delivered at the National Council of Juvenile and Family Court Judges’ 72nd Annual Conference on July 13, 2009, in Chicago, Illinois, focuses on adolescents and education—a strategy that is not only economically sound but also logical, indeed honorable. So just how do we begin to turn the crisis facing too many children and families into opportunity? How do we interrupt, and reroute, that perilous pipeline to prison? How do we help to build off‐ramps from the disastrous destiny that awaits so many young people? How do we regain our leadership role in constructive juvenile justice instead of juvenile incarceration? I believe judges can take a leadership role in addressing these questions. It's our children's future to be sure, but it's ours too. Indeed, it's the very future of our nation that is at stake.     

Medicare and Medicaid Programs; quarterly listing of program issuances and coverage decisions--first quarter 1994--HCFA. Notice

This notice lists HCFA manual instructions, substantive and interpretive regulations and other Federal Register notices, and statements of policy that were published during January, February, and March of 1994 that relate to the Medicare and Medicaid programs. Section 1871(c) of the Social Security Act requires that we publish a list of Medicare issuances in the Federal Register at least every 3 months. Although we are not mandated to do so by statute, for the sake of completeness of the listing, we are including all Medicaid issuances and Medicare and Medicaid substantive and interpretive regulations (proposed and final) published during this timeframe. We are also providing the content of revisions to the Medicare Coverage Issues Manual published between January 1, and March 31, 1994. On August 21, 1989 (54 FR 34555), we published the content of the Manual and indicated that we will publish quarterly any updates. Adding to this listing the complete text of the changes to the Medicare Coverage Issues Manual allows us to fulfill this requirement in a manner that facilitates identification of coverage and other changes in our manuals.     

Quarterly listing of program issuances--HCFA. General Notice

This notice lists HCFA manual instructions, regulations and other Federal Register notices, and statements of policy that were published during January, February and March 1990 that relate to the Medicare program. Section 1871(c) of the Social Security Act requires that we publish a list of our Medicare issuances in the Federal Register every three months.     

Religion and the Practices of Popular Constitutionalism: Sarah Gordon's The Spirit of the Law

Sarah Gordon's The Spirit of the Law: Religious Voices and the Constitution in Modern America (2010) details the advent, beginning in the 1940s, of a “new constitutional world” pertaining to the religion clauses. By focusing on case studies, Gordon's narrative history shows the emergence, maturation, and waning of a rich historical moment in which religiously motivated popular constitutionalists had a profound impact on how the Constitution was technically interpreted by the courts. Shifting perspectives from history to ethnography, the essay synthesizes Gordon's stories to yield an anatomy of “religious” popular constitutionalism as it appears in Gordon's book and conjectures at what it might look like if we left court records behind.     

Margaret Moore

Abstract

This essay discusses the early life, education, and career of African American correctional leader Margaret Moore. Moore was the first African American woman to superintend a male prison in Pennsylvania. Moore's lengthy list of “firsts” also includes serving as Deputy Commissioner of the Pennsylvania Department of Corrections and overseeing the District of Columbia Department of Corrections. Moore's unprecedented success in overcoming sexism and racism to assume these key leadership roles has paved the way for other minority corrections professionals. This biographical essay is primarily based on two personal interviews with Moore.     

Medicare program; quarterly listing of program issuances and coverage decisions--HCFA. General notice

This notice lists HCFA manual instructions, regulations and other Federal Register notices, and statements of policy that were published during July, August and September 1990 that relate to the Medicare program. Section 1871(c) of the Social Security Act requires that we publish a list of our Medicare issuances in the Federal Register at least every three months. We also are providing the content of revisions to the Medicare Coverage Issues Manual published during this quarter. On August 21, 1989 (54 FR 34555), we published the content of the Manual and indicated that we will publish quarterly any updates. Adding the Medicare Coverage Issues Manual changes to this listing allows us to fulfill this requirement in a manner that facilitates identification of coverage and other changes in our manuals.     

Medicare program; quarterly listing of program issuances and coverage decisions--HCFA. General notice

This notice lists HCFA manual instructions, substantive and interpretative regulations and other Federal Register notices, and statements of policy that were published during April, May, and June 1991 that relate to the Medicare program. Section 1871(c) of the Social Security Act requires that we publish a list of our Medicare issuances in the Federal Register at least every three months. We also are providing the content of the revisions of the Medicare Coverage Issues Manual published during this quarter. On August 21, 1989 (54 FR 34555), we published the content of the Manual and indicated that we will publish quarterly any updates. Adding the Medicare Coverage Issues Manual changes to this listing allows us to fulfill this requirement in a manner that facilitates identification of coverage and other changes in our manuals.     

The Emergence of Crime Victims as a Target Group in the Swedish Social Services Act

This article examines the political motives behind the introduction of crime victim support provisions in the Swedish Social Services Act. The findings derive from a case study of the preparatory material that prefaced the legal changes that were adopted in 2001. The result shows that the explicit purpose of the provisions was to consider measures to improve the support to crime victims. To some degree the provisions can also be explained by symbolic factors. In fact, most actors in the law-making process indicate that their motives were communicative and symbolic. Support to crime victims was presumably a complicated issue for the social democratic government. Because of the economical crisis in the early 1990s, there was no scope for reforms that implied high increased costs. Yet expanding the crime victim's rights in relation to the offender, such as toughening the penal law and promoting victim impact statements, was not in line with social democratic ideology. By enacting the provisions in the Social Services Act the government demonstrated that support to crime victims was an important area of concern. At the same time, the provisions did not involve any increased costs or strengthen the crime victim's rights in relation to the offender. In this way, the provisions became a mediator that solved a difficult political dilemma for the government.     

For Both Love and Money: Viviana Zelizer's The Purchase of Intimacy

Viviana Zelizer's recent book, The Purchase of Intimacy (2005), presents an innovative theory of how social and legal actors negotiate rights and obligations when money changes hands in intimate relationships—a perspective that could change how we understand many things, from valuations of homemaking labor to the 9/11 Victim Compensation Fund. This essay describes Zelizer's critique of the reductionist “Hostile Worlds” and “Nothing But” approaches to economic exchange in intimate relationships and then explains her more three‐dimensional approach, “Connected Lives.” While Zelizer focuses on family law, the essay goes beyond that context, extending Zelizer's approach to transfers of genetic material and concluding that her approach could point toward a more equitable resolution of disputes in and about these markets.     

Giving credit when credit is due: credit giving to the president in the United States Congress

How do members of the US Congress give credit when credit is due for political achievements? Focusing on an important credit giving scenario – credit giving to the president of the United States – this research suggests that credit giving is a form of non-roll call position taking and members give credit in a way that is reflective of individual, institutional, and constituency factors. Using an original data set composed of the official congressional statements concerning the death of Osama bin Laden, findings suggest the proximate decision to issue a statement is related to individual and institutional factors. Within the issued statements, however, credit giving is primarily driven by presidential popularity in the constituency. In addition to being less predictable in their credit giving behaviour, members of the Senate are less likely to give credit than their colleagues in the House of Representatives. Finally, Republican women in the House of Representatives are less likely to give the president credit than other members.     

Reluctant Radicals: How Moderates Shape Movements for Social Change

This essay reviews three books within the southern history literature on the white moderate's response to the civil rights movement; Kevin Kruse's White Flight: Atlanta and the Making of Modern Conservatism (2005), Matthew Lassiter's The Silent Majority: Suburban Politics in the Sunbelt South (2006), and Jason Sokol's There Goes My Everything: White Southerners in the Age of Civil Rights, 1945–1975 (2006). I examine how white moderates impacted the struggle for African American civil rights, and explore how this dynamic can help us understand the trajectory of the current debate over gay rights in the United States. I argue that while the US public ultimately came to support equal rights for African Americans, and has grown more tolerant of gay rights recently, they have been willing to do so only when these rights claims are framed as benefiting “deserving” segments of these populations. This shows that rights are, to some extent, contingent resources, available primarily to those citizens who fit certain ideal types, and suggests that those individuals who are unwilling (or unable) to live up to this ideal may ultimately fail to benefit from these movements.     

Improving Children’s Interviewing Methods? The Effects of Drawing and Practice on Children’s Memories for an Event

In the present experiment, we were interested in the effects of drawings and practice on children’s memory performance. Younger (6/7-year-olds; n = 37) and older (11/12-year-olds; n = 44) children were presented with two videos that differed in complexity. Half of the children had to practice recalling an experienced event (i.e., last holiday) before remembering the two videos. The other half was not presented with such practice. Then, all children had to tell what they could still recollect about the first video. For the second video, all children were allowed to draw and tell during the recollection of the event. As expected, we found that for the complex video, making a drawing increased the completeness of children’s statements, but also reduced the accuracy of their statements. Although we found that including practice reduced the completeness of statements, it did not negatively impact the accuracy of children’s memory reports. Taken together, our results imply that interviewers should be cautious in using drawings as an interviewing method as it might elevate the production of incorrect information.     

The Puzzle of Firm Performance in China: An Institutional Explanation

China has achieved phenomenal economic growth in an institutional environment that defies conventional economic rationales. Researchers offer different theories to explain this puzzle. But so far, due to the lack of data, little effort has been made to test these theories at the firm level. We develop a framework of endogenous institutional change to explain this puzzle and we test our framework with firm-level data. We argue that the decentralization from the central to the local governments and from government to firms are the driving forces behind China's institutional changes that have shaped the roles of government and market, which in turn significantly affect firm performance. We then submit our theory to a vigorous empirical test using data from China's industrial census, covering all 2000 counties and over 500 manufacturing industries. The test shows that two results of decentralization, the involvement of low-level governments in business and the process of privatization, positively affect firm performance.     

Alf Ross on the Concept of a Legal Right

In this article, I discuss Alf Ross's claim that the concept of a legal right is best understood as a technical tool of presentation, which ties together a disjunction of operative facts and a conjunction of legal consequences, and that rights statements render the content of a number of legal norms in a convenient manner. I argue that while Ross's analysis is appealing, it is problematic in at least three respects. I also argue, however, that despite these difficulties Ross's analysis deserves our continued attention, because the fundamental idea—that the concept of a legal right must be understood functionally—is sound.     

Medicare program; quarterly listing of program issuances and coverage decisions--HCFA. General notice

This notice lists HCFA manual instructions, substantive and interpretative regulations and other Federal Register notices, and statements of policy that were published during October, November, and December 1991 that relate to the Medicare program. Section 1871(c) of the Social Security Act requires that we publish a list of our Medicare issuances in the Federal Register at least every three months. We also are providing the content of the revisions to the Medicare Coverage Issues Manual published during this quarter. On August 21, 1989 (54 FR 34555), we published the content of the Manual and indicated that we will publish quarterly any updates. Adding the Medicare Coverage Issues Manual changes to this listing allows us to fulfill this requirement in a manner that facilitates identification of coverage and other changes in our manuals.     

Biases in Judging Victims and Suspects Whose Statements Are Inconsistent

In this commentary, we point to similarities in characteristics of suspect and victim/witness statements and the underlying motivations of these individuals. Despite the similarities, there are differences in how such statements are evaluated by fact-finders and investigators. Retractions, for example, cast serious doubt on the credibility of victims/witnesses but appear not to diminish the power of confessions. Investigators need to recognize the wide range of motivations behind statements made to the authorities and be mindful of biased dispositions to doubt victims and believe confessors, especially when their statements are inconsistent or retracted. An investigative process that was entirely transparent would help ensure that inconsistencies and retractions, whether in statements from victims, witnesses, or suspects, are viewed in the context of other statements and eliciting circumstances.     

Rorschach Tests,Pluralism, and Hopes for the Future: A Response to the Responses

In this essay, I address some of the concerns raised by contributors to the Symposium on Invitation to Law & Society: An Introduction to the Study of Real Law. I argue that law and society scholarship focusing on race increasingly offers some of our field's best empirical analyses of the interpenetration of law and society; I emphasize the importance of the methodological and theoretical diversity that characterizes our fragmented field, arguing that our pluralism is one of our greatest strengths; I clarify my intended meaning of the term “real law” as I use it in the book's subtitle, as a way to underscore the socially constituted quality of all law; I attempt to rescue the reputation of dialectics from charges of “relativism”; and I reiterate my appreciation for our field's engagement with questions of social justice that has characterized it since its inception. In the second half of the essay, I briefly describe my current prison research and offer some thoughts for the future of our field.