Reining in agency action: the rejected proposal rule and Section 1011 of the 2003 Medicare Act

Section 1011 of the 2003 Medicare Act authorized the disbursement of over one billion dollars to healthcare providers that provide uncompensated emergency medical care to undocumented immigrants. In 2005, the Centers for Medicare and Medicaid Services (CMS) issued its final interpretation of the statute. Despite previous statementsto the contrary, CMS conditioned eligibilityfor Section 1011 funds on the collection of certain immigration status-related information from patients seeking emergency care. Prior to the issuance of CMS' final guidance, the House defeated House Resolution 3722, which was substantially similar to the CMS final guidance. This Article argues that the House's rejection of H.R. 3722 renders CMS's final guidance invalid under the analysis set forth in Chevron, U.S.A. Inc. v. National Resources Defense Council, Inc.     

A Case of Contested Cremains Analyzed Through Metric and Chemical Comparison

Since the 1980s, cremation has become the fastest growing area of the U.S. funeral industry. At the same time, the number of litigations against funeral homes and cremation facilities has increased. Forensic anthropologists are often asked to determine whether the contents of an urn are actually cremated bone, and to address questions regarding the identity of the remains. This study uses both metric and chemical analyses for resolving a case of contested cremains. A cremains weight of 2021.8 g was predicted based on the decedent's reported stature and weight. However, the urn contents weighed 4173.5 g. The urn contents also contained material inconsistent with cremains (e.g., moist sediment, stones, ferrous metal). Analysis using XRD and SEM demonstrated that the urn contained thermally altered bone as well as inorganic material consistent with glass fiber cement. Although forensically challenging, cremains cases such as this one can be resolved using a multidisciplinary approach.     

Validation of the full and brief Externalizing Spectrum Inventory in Dutch forensic inpatients

The Externalizing Spectrum Inventory (ESI) was designed for assessing a broad spectrum of externalizing problems, including impulsive-aggressive behavior and substance abuse. After translation of the ESI into Dutch, a computerized version of the full Dutch ESI (ESI-NL) was administered to a mixed sample consisting of inpatients in forensic and addiction care (n = 99) and non-psychiatric community participants (n = 104). Internal consistencies, test–retest reliabilities, ‘predictive’ validity of the full and 160-item ESI-NL total scores and subscales were examined, along with the correlations between these two versions. The results indicated high reliability and predictive validity for both versions and a strong similarity between the two in direct comparisons. The 160-item Dutch ESI is recommended for clinical studies on violence proneness and externalizing problem behavior.     

The effects of political involvement and cross-pressures on multiple party identifications in multi-party systems – evidence from Germany

Despite being part of the original concept in “The American Voter”, multiple party identifications (MPID) have rarely been analyzed. Based on a 2016 survey that is representative of the German electorate, we investigate the determinants of multiple party attachments in Germany. With the help of a new measurement instrument for MPID, we can show that multiple attachments are a common phenomenon in Germany: Nearly 30% of the respondents and more than half of all party adherents identify themselves with more than one party. Political interest and education as facets of political involvement have a significant effect on the likelihood of holding multiple attachments within ideological camps. Cross-pressures lead to a higher probability of having multiple identifications between political camps.