Navigating the minefield: legal ethics and healthcare law

Practicing law in the healthcare field is a daunting task due to the highly-regulated nature of the field and the increasing scrutiny of the conduct of industry providers, payors, and vendors. Attorneys must provide difficult opinions regarding matters with civil, criminal, and reimbursement implications and often are asked to represent multiple parties in healthcare-related settings. This article discusses some legal ethics issues for the healthcare practitioner and touches on some of the recent changes to the Model Rules of Professional Conduct, which were adopted by the American Bar Association's House of Delegates at its mid-February 2002 meeting. The authors conduct their analysis by applying the model rules to a number of hypothetical fact situations typical of those encountered in the day-to-day practice of healthcare law.     

Can International Law Adapt to Climate Change?

Abstract

While this article is an overview of existing international environmental law, its main focus is to explore whether we can develop a legal system that has the ability to adapt to climate change in all its complexities. There is no easy solution to this global issue but the scholarship cited here favors the one most difficult to implement, concluding that an adaptation approach provides the flexibility needed to deal with the ever-changing world of climate change. The question remains whether we are willing to make the sacrifices necessary to adapt.     

Ideological stratification: American beliefs about economic justice

By integrating systematically the common themes in the stratification and justice literatures, researchers have sought to advance our understanding of the role of ideologies in legitimating inequality. This paper examines how beliefs about meritocracy and opportunity in American society relate to the way people think about reducing income differences between the rich and the poor. Using a national sample of U.S. adults (N=1473), we find that the majority of the respondents believe that America has an open system where achievement is tied to individual abilities and educational opportunities. On the other hand the respondents are split in their views on meritocracy, with 50% believing that an individual's high socioeconomic position is reflective of special abilities. The role of ideologies in influencing beliefs about economic justice is direct in that persons who believe in the tenets of equal opportunity and meritocracy are not in favor of reducing income differences between the rich and the poor. Additionally, stratal differences in beliefs about economic justice are seen, with disadvantaged individuals more likely to question the legitimacy of inequality.     

The Definition and Measurement of ‘Gang Status’: Policy Implications for Juvenile Justice

In this article, we examine gang membership and gang activity in Dona Ana County, New Mexico. We collected the data through a self-administered questionnaire completed by 373 randomly selected 9th and 11th grade students attending two high schools and two junior high schools. By the self-report method, 56 indicated they were currently active in a gang; another 45 had been members of gangs but were no longer involved; and, “wannabes,” or students who at some time had considered joining a gang but did not or could not, totaled 68. The 169 students who indicated some interest in or involvement with gangs represented 45% of the total sample. A more restrictive definition of actual gang membership (i.e., the group must have initiation rites and employ some external symbols of membership, such as “colors,” tattoos, or handsigns) results in a different trichotomization. We employ both the self-definition and restrictive definition of gang membership in our analysis of their personal biographical characteristics and criminal behavior. Our findings suggest that self-definition demonstrates clearer ties to self-reported gang-related activities than does the more restrictive one. We discuss the policy implications of this finding in the article.