Fault lies not only in Starr but in law
Article Abstract:
The independent counsel law should be amended to make the two-year terms of the judges' panel selecting independent prosecutors nonrenewable, with a requirement that appointments rotate between the federal circuits, with perhaps the chief judge of each circuit choosing the member of the Special Division, and specifiying that if no senior judges from a particular circuit can serve, the priority be based on seniority. US Supreme Court chief justice William H. Rehnquist's appointment and reappointment of Judge David Sentelle, who selected Starr, created the appearance of conflicting loyalties.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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NHRA fixes standards for private suits; by establishing a benchmark for quality of care, the act has become the basis for a number of lawsuits against nursing homes
Article Abstract:
Private claims against nursing homes are proliferating as consumers grow more sophisticated at monitoring nursing home care. The Nursing Home Reform Act does not explicitly provide a private right of action for violation of the law, but violations will trigger the doctrine of negligence per se. Other legal theories attorneys are using for nursing home suits include the Rehabilitation Act of 1973, breach of contract, breach of deceptive trade practices laws, breach of fiduciary law, breach of elder-abuse laws and even the qui tam provisions of the federal False Claim Act.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Property isn't cudgel against fault
Article Abstract:
The courts are moving towards no-fault divorce settlements in which marital misconduct is not a ground for a lower property settlement unless this misconduct was economic in nature and resulted in a depletion of marital assets. This reflects a loosening of societal norms regarding marriage and may help reduce the acrimonious nature of divorce proceedings.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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