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17 Jun 2013, 8:33 am by Matt Kaiser
Continue reading »Follow Above the Law on Twitter or become a fan on Facebook.Tags: 5th Amendment, Constitutional Law, Crime, Fifth Amendment, Genovevo Salinas, Guns / Firearms, Matt Kaiser, Murder, Salinas v. [read post]
11 Jun 2013, 9:45 am by Matt Kaiser
Continue reading »Follow Above the Law on Twitter or become a fan on Facebook.Tags: Constitutional Law, Crime, Elena Kagan, Ex Post Facto, Federal Sentencing Guidelines, Marvin Peugh, Matt Kaiser, Peugh v. [read post]
10 Jun 2013, 8:31 am by Soroush Seifi
  In their book Manufacturing Guilt, Barry and Dawn Anderson quote criminological evidence that on the back of best estimates one percent of all convictions are in fact wrongful.[2]  Andersons write that these include cases that do not distinguish between personal and property offences or between violent and non-violent crimes.[3]  By applying this estimate to Canada, in 2010, 87,214 cases resulted in a sentence of incarceration.[4]  Using the assumption that one per cent of… [read post]
10 Jun 2013, 8:31 am by Soroush Seifi
  In their book Manufacturing Guilt, Barry and Dawn Anderson quote criminological evidence that on the back of best estimates one percent of all convictions are in fact wrongful.[2]  Andersons write that these include cases that do not distinguish between personal and property offences or between violent and non-violent crimes.[3]  By applying this estimate to Canada, in 2010, 87,214 cases resulted in a sentence of incarceration.[4]  Using the assumption that one per cent of… [read post]
29 May 2013, 10:51 pm by Cynthia Marcotte Stamer
Despite ACA’ amendments to HIPAA’s bona fide wellness program rules and the 11th Circuit’s rejection of an EEOC challenge in Broward County v. [read post]
26 May 2013, 1:33 pm by Cynthia Marcotte Stamer
  Noting that “[v]arious situations have come to the attention of the Departments where a health insurance policy is advertised as fixed indemnity coverage” that do not “Meet the conditions for excepted benefits,” FAQ XI warns, “The Departments plan to work with the States to ensure that health insurance issuers comply with relevant requirements for different types of insurance policies and provide consumers the protections of the Affordable Care… [read post]
3 May 2013, 4:05 pm by Unnati Gandhi
Policyholders should continue to assert that limits can be stacked in situations where there is continuing damage, despite the California Court of Appeals’ latest decision in Kaiser Cement & Gypsum Corp. v. [read post]
8 Apr 2013, 9:26 pm by John W. Arden
’s fraudulent scheme to market its epilepsy drug Neurontin for off-label uses (Kaiser Foundation Health Plan, Inc. v. [read post]
3 Apr 2013, 3:54 am by Umakanth Varottil
The Competition is open to undergraduate law students from NLSIU, Bangalore, NALSAR, Hyderabad, WBNUJS, Kolkata, NLU, Jodhpur, NLU, Delhi, GNLU, Gujarat, NLIU, Bhopal, NLU, Odisha, Jindal Global Law School, and School of Excellence in Law, Chennai.The topics for this year’s Competition are:(1) Corporate Social Responsibility in the new Companies Act: A Critical Perspective(2) The implications of BALCO v. [read post]
1 Apr 2013, 7:09 am
The Kaiser physician never appears and Plaintiff is discharged at 1:00 a.m. the next morning. [read post]
5 Feb 2013, 5:00 am by Kimberly A. Kralowec
Kaiser Foundation Health Plan, Inc., 181 Cal.App.4th 471 (2010) (discussed here), and Desert Healthcare Dist. v. [read post]