The devil is in the details: Managed care and the unforeseen costs of utilization review as a cost containment mechanism

This article addresses issues of liability when a single-payor in a national health care system makes a decision based on a utilization review program that injures the patient as a result. In Part I, the history of Managed Care Organizations (MCOs) is discussed to establish an understanding of the current health care landscape. Part II explains MCOs' use of utilization review to contain costs and analyzes the manner in which courts have addressed the issue of MCO liability for patient injuries sustained from denial ofcoverage. Finally, Part III concludes that current case law may limit a patient's access to a remedy for injuries sustained from a utilization review decision in a single-payor national health care system.     

The devil is in the details: A synthesis of psychology of facial perception and its applications in forensic facial reconstruction

The successful identification of a forensic facial reconstruction relies upon many factors other than merely the accuracy of the reconstruction. The way in which the reconstructed head is presented can affect the perception of it, which in turn can affect the recognition rates leading to case resolution. A synthesis of relevant facial perception studies from the psychological literature is provided, followed by a short set of recommendations aimed at practitioners wishing to incorporate the best practice based on current science when presenting their work to the public. These recommendations include pose, background, lighting, and colouring/finishing.     

The devil is in the details: How arbitration system design and training facilitate and inhibit repeat-player advantages in private and state-run arbitration hearings

This article demonstrates that arbitration system design and the training that arbitrators receive shape the extent to which repeat players gain advantages in arbitration hearings. While prior arbitration research does suggest that arbitrator training matters, this is the first article to show how it matters, as we observe actual arbitration hearings in private and state-run arbitration systems in two states. Our comparative analysis links three literatures interested in how seemingly interest-neutral institutions, like disputing forums, serve in practice to reinforce dominant norms, values, and hierarchies: (1) sociolegal studies of repeat-player advantages in disputing, (2) studies of occupational socialization in educational settings, and (3) neoinstitutional organizational sociology studies of how managerial values influence the way in which organizations construct law. We bridge these literatures by showing how arbitrator system design and the occupational socialization that arbitrators receive in private arbitration are primary mechanisms through which managerial values influence the arbitration process, ultimately providing a pathway for repeat-player advantages in hearings. Because our analysis compares two distinct arbitration systems, we identify variation in these processes and offer preliminary but tangible policy recommendations for the design and implementation of arbitration systems that best protect civil and consumer rights within arbitral forums that the Supreme Court continually upholds.     

Sentencer orientation and case details

Qualitative measures of magistrates' sentencing orientations were incorporated with archival case data into a multivariate statistical model to examine the contribution of orientation-case variable interactions to penalties imposed on 678 drink-drivers by 8 magistrates in two Australian courts. Sentencing orientations included severity, emphasis on deterrence, use of tariffs, and attention to accident potential. The 44 case variables included blood alcohol concentration, prior offenses, and type of legal representation. Penalties included fine and license loss. Five orientation-case variable interactions contributed 20% of the explained variance in penalties after controls for case variables. Court effects were strong regardless of individualized orientations. The authors conclude that sentencing disparties reflect both personal schemas and court context. Reforms involving information systems should attend to the effects of sentencing orientations on individuals' use of case information.     

引导社会思潮 凝聚社会共识——以建设和谐吉林为视角

社会思潮是一种复杂的社会意识现象,它是人们时代精神的反映.作为一种精神力量,对现实具有强大的导向作用.本文以吉林省为研究对象,从引导社会思潮,增加社会凝聚力入手,探讨促进吉林省和谐社会建设的具体途径.     

Extracting Windows command line details from physical memory

Current memory forensic tools concentrate mainly on system-related information like processes and sockets. There is a need for more memory forensic techniques to extract user-entered data retained in various Microsoft Windows applications such as the Windows command prompt. The command history is a prime source of evidence in many intrusions and other computer crimes, revealing important details about an offender’s activities on the subject system. This paper dissects the data structures of the command prompt history and gives forensic practitioners a tool for reconstructing the Windows command history from a Windows XP memory capture. At the same time, this paper demonstrates a methodology that can be generalized to extract user-entered data on other versions of Windows.     

The Process is the Rule and the Punishment is the Process

Andrew Ashworth, The Criminal Process: An Evaluative Study , Oxford: Clarendon Press, 1994, 315 pp, hb £45.00, pb £12.95. Andrew Sanders and Richard Young, Criminal Justice , London: Butterworths, 1994, 496 pp, pb £18.95.     

US Second Circuit details requirements for transformative fair use

Finding transformative fair use, the Second Circuit allowedpublisher Dorling Kindersley to reproduce in a book thumbnail-sizedversions of concert posters owned by the Bill Graham Archives.     

当事人再审诉权的实定化路径——以检察抗诉权的正当性配置为视角

基于权利制衡权力的疲弱,当事人再审诉权的边缘化成为了再审难和申诉难的导因之一,而检察抗诉权以权力制衡权力的运作模式赋予了再审诉权切实保障的可能。通过协同主义诉讼理念,转换检察抗诉权的配置形式,希翼以协助型抗诉的置构落实当事人的再审诉权,即将检察抗诉权区分为诉权救济型和公益救济型的职能,其中诉权救济型的运作模式又依据抗诉理由分为程序性事项抑或实体性事项而有所差异。     

政策稳定性是政府有效治理的基础

政策保持稳定性十分重要。政策缺乏稳定性,带来种种弊端,既阻隔了政府和社会的良性互动,又损害了政府的信用体系;既妨碍了政府的有效治理,又增大了改革的成本,甚至导致整个政治秩序的毁坏。如何制定合乎实际并保持稳定的政策,是加强政府有效治理的关键。     

农村基层党组织的执政能力建设

党的领导是村民自治健康发展的前提和保障。村民自治的实行和推进,又对党的领导、党的执政能力提出了新的要求。因此,在推进村民自治的过程中,必须加强农村基层党组织执政能力建设,坚持与时俱进,不断创新农村基层党组织的领导和执政方式;坚持执政为民,不断夯实农村基层党组织执政的群众基础;加快发展,切实增强农村基层党组织执政的经济基础;依法执政,坚持党的领导、村民当家作主和依法规范的有机统一。