Unmanaged care: towards moral fairness in health care coverage

Health insurers are generally guided by the principle of "actuarial fairness," according to which they distinguish among various risks on the basis of cost-related factors. Thus, insurers often limit or deny coverage for vision care, hearing aids, mental health care, and even AIDS treatment based on actuarial justifications. Furthermore, approximately forty-two million Americans have no health insurance at all, because most of these individuals cannot afford the cost of insurance. This Article argues that Americans have come to demand more than actuarial fairness from health insurers and are increasingly concerned by what I call "moral fairness." This is evidenced by the hundreds of laws that have been passed to constrain insurers' discretion with respect to particular coverage decisions. Legislative mandates are frequent, but seemingly haphazard, following no systematic methodology. This Article suggests an analytical framework that can be utilized to determine which interventions are appropriate and evaluates a variety of means by which moral fairness could be promoted in the arena of health care coverage.     

How Large Should the Strike Zone Be in “Three Strikes and You're Out” Sentencing Laws?

So-called three strikes and you're out sentencing laws for criminal offenders have proliferated in the United States. The laws vary considerably in their definitions of what constitutes a strike. This paper adapts the classic Poisson process model of criminal offending to investigate how varying sentence lengths and definitions of what constitutes a strike affect the effectiveness and cost-effectiveness of these sentencing laws. In particular, it asks whether, by using different definitions for the first, second, and third strikes or different sentence lengths, one can make the resulting incarceration more efficient in the sense of incapacitating more crimes per cell-year served.     

Holding Back the Tide— a Review of Recent Developments in Copyright Law in the United Kingdom

This article surveys recent developments in UK copyright law. It sets these developments in the context of broader trends in copyright law and policy. Significant decisions concerning subsistence of copyright, authorship, infringement, defences, remedies and collective licensing are analysed. The author notes that copyright, and other intellectual property rights, have been given extra force as a result of recent legislative developments. He argues that, against this background, it is possible to discern increasing judicial concern to ensure that such an expansion in monopoly power does not operate against the public interest.     

The Fate of an Orphan: The Hawley Board and the Debates over the Postwar Organization of Medical Intelligence

The US Army's medical intelligence program developed during World War II to meet the requirements for information on the medical threat facing soldiers deployed in the first truly global military conflict. The war served as a proving ground for the application of medical intelligence on a strategic, operational and tactical level. However, hasty postwar demobilization decimated many wartime intelligence programs, including medical intelligence. The US intelligence community recognized the utility of medical intelligence as part of the overall strategic scientific and technical intelligence program and sought ways to rebuild the program. During the post-World War II debates over the unification of the military services and the responsibilities of the nascent CIA, the ‘Hawley Board’ was one of several committees which studied the problems facing the medical intelligence program. Although there was broad consensus on the need for better coordination of medical intelligence, the intelligence community ultimately failed to adopt the recommendations of the Hawley Board. The principal reasons behind the failure of the Hawley plan were the re-emergence of prewar interservice rivalries, the dominant role of the Army medical intelligence program, and the lack of a joint military–CIA vision of a centralized medical intelligence service.