Examining the constitutionality of Internet filtering in public schools: a US perspective

The use of Internet filters in public classrooms in the USA has been intensely debated, both in terms of its effectiveness and legality. The debate pits concerns to protect students from indecent material against issues of unconstitutional censorship. This paper examines the legal issues addressed in various rulings by the US Supreme Court pertinent to issues raised in the debate over the constitutionality of filtering in the classroom. The rulings and opinions offer valuable insights into the legal issues raised in this debate.     

Making sense of referral fee statutes

State and federal prohibitions of referral fees have long plagued the health care sector because their broadly worded provisions threaten established and socially valuable business arrangements. Congress has recently instructed the Department of Health and Human Services to issue regulations that clarify the scope of the most threatening of these prohibitions, the Medicare and Medicaid felony referral fee statute. This article examines three possible analytical models for imposing a limiting construction on referral fee statutes by testing the models against three beneficial practices that the statute jeopardizes: physician recruitment, fee discounting, and efficiency bonuses. The article recommends primary reliance on an earned/unearned analysis that detects a prohibited referral fee by asking whether the fee is fully earned by legitimate, nonreferral services.     

Community Development Block Grant: The Role of Federal Requirements

The CDBG program provides an excellent opportunity to studywhat local governments do to carry out national policy whenit is stated in general terms and they are left to their owndevices, and what they do differently when policy is interpretedin explicit regulations which are enforced. This article reviewswhat happened with two major legislative guidelines (low incometargeting and community participation) during the first sixyears of the CDBG program, including a period during which HUDinterpretations and enforcement varied greatly. It appears thatstrong federal enforcement caused a small increment in low incometargeting overall; but rigorous HUD direction and enforcement,combined with strong citizen participation, was necessary forsome jurisdictions to emphasize targeting. The research is pertinentin the present era of attempts toward major relaxation of federalgrant conditions and enforcement programs.