What you don't know can hurt you: why managed care organizations have a legal duty to disclose the use of financial incentives to limit medical care

This article, winner of the 2000-2001 American Health Lawyers' Student Writing Competition, examines the conflicting policy goals at the heart of managed care--particularly in the use of financial incentives for physicians who limit their use of referrals and expensive diagnostic tests. While conceding the legality of such incentives, the author contends that Managed Care Organizations (MCOs) have a legal duty to disclose their existence to beneficiaries. After analyzing the basis for imposing a duty to disclose, the author proceeds to examine such issues as the proper timing, level, and extent of disclosure.     

CHINA’S STYLE

正Chinese president's visit to the Middle East is not just an economic,butdiplomatic investmentChina's friendly diplomatic links with Middle Eastern countries are not a new phenomenon.Some would argue that they go back centuries to the era of previous imperial trade links,and the Silk Road routes that carried spices,resources and precious metals between the two regions.In modern times,however.     

Examining the Consequences of the “Prevalent Life Events” of Arrest and Incarceration among an Urban African-American Cohort

The life course perspective has traditionally examined prevalent adult life events, such as marriage and employment, and their potential to redirect offending trajectories. However, for African-Americans, the life events of arrest and incarceration are becoming equally prevalent in young adulthood. Therefore, it is critical to understand how these “standard” criminal justice practices, which are designed to deter as well as punish, affect deviance among this population. This study evaluates the long-term consequences of criminal justice intervention on substance use and offending into midlife among an African-American community cohort using propensity score matching and multivariate regression analyses. The results largely point to a criminogenic effect of criminal justice intervention on midlife deviance with a particularly strong effect of young adult arrest on rates of violent and property arrest counts into midlife. The theoretical and policy implications of the findings are discussed.     

On the use of auctions as a disposition strategy for RTC real estate assets: A policy perspective

Abstract

A sound strategy for real estate asset disposition is of paramount importance to the Resolution Trust Corporation (RTC) in its efforts to maximize costs resulting from the savings and loan bailout. A popular current approach to this problem is to employ expeditious sales structures such as auctions. Although auctions clearly speed up the disposition process, it is unclear whether they maximize net revenues. This paper analyzes the potential of auction structures to maximize sales revenue when such structures are applied to RTC commercial and residential real estate assets.

Absent political constraints, we conclude that auctions are usually inferior to traditional listing and broker sales channels. For the commercial real estate sector, this conclusion is based on the prominence of information‐acquisition costs, on market thinness on the buyer side, and on continued uncertainty regarding local economic recovery. Our conclusion for the residential real estate sector is based on the degree of property concentrations and the apparent inferiority of auctions for residential properties in weak markets. A recognition of short‐term political reality bolsters the case for auction approaches; however, the RTC should clearly stop promoting an image that it wishes to “sell, sell, sell.”     

FHA restructuring proposals: Alternatives and implications

Abstract

This article evaluates problems of the Federal Housing Administration (FHA) under its current structure, develops criteria for judging alternative structures, and suggests one alternative—an assigned risk pool—that encourages efficiency in the insurance function while still promoting low‐ and moderate‐income housing. A historical introduction explains how the current institutional relationships came about and created FHA's problems.

FHA's decline resulted from the mixing of a heavy social agenda with the basic insurance objective, a destructive reorganization of the Department of Housing and Urban Development that caused FHA to lose control and focus, and government's inherent inability to respond to market signals. Yet the economic rationale for government involvement in FHA functions is strong. An FHA organized as an independent government agency, a government‐sponsored enterprise, or even a privatized entity structured as an assigned risk pool could improve efficiency of underwriting, pricing, and administration while achieving the redistributional objectives.     

Between hearts and pockets: locating the outcomes of transnational homemaking practices among Mexican women in Canada's temporary migration programmes

Temporary migration programmes (TMPs) contain features such as reduced costs and the social legitimation of regularized entry that allow women, including the very poor, to access transnational livelihoods. For mothers, taking up opportunities for employment abroad inevitably involves ‘transnational homemaking’, the set practices involved in caring for family relationships and maintaining household economies across borders. In this article, we examine the transnational homemaking practices undertaken by rural Mexican migrant women employed in highly masculinized TMPs in Canada, tracing how they construct and maintain household economies across borders through a delicate (re)negotiation of reproductive roles and responsibilities with non-migrating kin in Mexico. We find that migration yields material and subjective benefits that enable the expansion of their citizenship across multiple dimensions ranging from the economic to the sexual. At the same time, as racialized, gendered, migrants from the global South, their labour and status in Canada are highly precarious. The advantages derived from transnational migration are thus tenuous, limited, and contradictory.     

The Cultural Revolution in Inner Mongolia 1967–1969: The Purge of the “Heirs of Genghis Khan”

This is the edited text of the Lecture which he delivered to the Society on 8 January 2008, immediately after he had been presented with the Sir Percy Sykes Medal. 1 1. The Sir Percy Sykes Memorial Medal, established in 1947, in memory of Sir Percy Sykes (1869–1945), a British soldier and diplomat who spent 25 years associated with Iran, and was author of one of the first histories of that country, A History of Persia, as well as of the travel book Ten Thousand Miles in Persia. The medal is ‘to be awarded by the Council of The Royal Society for Asian Affairs at such time or times as the council may in its discretion think fit, to any distinguished traveller, writer or other distinguished person whatsoever approved by the Society, who is deemed to have increased man's knowledge of and stimulated man's interest in Asian countries, or done work furthering cultural relations between the Commonwealth and Asian countries?…’. Sit Percy Sykes is not to be confused with his contemporary, Sir Mark Sykes, co-author of the 1916 Anglo-French ‘Sykes-Picot’ Agreement. Previous recipients of the award have included Freya Stark, Albert Hourani, Ella Maillart, Hugh Richardson, Giuseppe Tucci, Gunnar Jarring, Denis Wright, Peter Hopkirk, Mark Tully and William Dalrymple. (See Activities of the Society, page 332 of this issue.)