The government's best offense is deference: the decision of the Supreme Court in Shalala v. Guernsey Memorial Hospital

The United States Supreme Court agreed with the Secretary of Health and Human Services that Guernsey Memorial Hospital's advance refunding transaction costs would be subject to a medicare reimbursement policy that is not based upon generally accepted accounting principles. According to the sharp dissent in this case, this policy, set forth in a manual provision, contradicts federal regulations.     

Risk management for targeting customs controls in developing countries: a risky venture for revenue performance?

Customs authorities in developing countries are often reluctant to forget systematic inspections for fear of risking revenue loss. Such physical inspections however, impede rather than facilitate trade. Control selectivity is therefore a key issue in customs administration reform. This paper shows how a sophisticated risk management method can facilitate trade by automatically and rationally selecting transactions, with the end result of actually enhancing revenue performance. Copyright © 2005 John Wiley & Sons, Ltd.     

Lost in space? the role of place in the delivery of social welfare law advice over the telephone and face-to-face

ABSTRACT

Advice that is provided exclusively over the telephone has been promoted by government as more convenient and accessible than face-to-face appointments. The resulting push towards telephone-only provision, as implemented by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, challenges the long history of association between social welfare law advice and local delivery within disadvantaged communities. This article reports on qualitative research comparing telephone and face-to-face advice which uncovers the continuing relevance of place in the dynamics and mechanics of social welfare law provision. Familiarity with the geographical location, knowledge of local policies and procedures, relationships with opponents and allies, and an understanding of the ‘local legal culture’ mean that face-to-face advisers are often able to conduct their legal casework more effectively. Conversely, local knowledge is unlikely to be available to Community Legal Advice telephone advisers. This research suggests that, in addition, telephone-only advisers may be developing a more narrow understanding of the essential qualities of casework. These findings are particularly significant in view of the likely future expansion of remote methods of delivery in legal aid work.     

Civilian victimization and international military intervention in civil wars

Civil wars are particularly destructive and asymmetric in nature. As a result, humanitarian crises and episodes of one-sided violence against civilians are likely to emerge. In the post-Cold War era, human rights norms have been strengthened by a global commitment stating that nations have a responsibility to protect people against war crimes. Although the doctrine does not require military responses, as episodes of one-sided violence increase dramatically in the midst of civil conflict, we would expect those cases to experience relatively swift foreign response, including military intervention; a growing trend of at least purportedly humanitarian interventions should be observable. Expectations relating to the responsibility to protect are tested on all civil conflicts occurring between 1989 and 2006. Findings indicate that there is little evidence that one-sided violence leads to military intervention, suggesting that the internationally community does not use its most powerful tool to protect civilians in trouble.