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.

Political activity, Appointments, resignations and dismissals, Special prosecutors, Starr, Kenneth W., Sentelle, David H.

---

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.

Nursing & Rest Homes, Nursing and Residential Care Facilities, Nursing and Personal Care Facilities, Nursing homes, Right of action

---

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.

Divorce settlements, No-fault divorce, No fault divorce

Similar abstracts:

• Abstracts: FDIC proposes limits on golden parachute payments. IRS confirms method for establishing annual periodic payments of distributions from IRA to avoid tax on early distribution
• Abstracts: Competing in the shadowy gray: protecting domestic trademark holders from gray marketeers under the Lanham Act
• Abstracts: Ameliorating environmental racism: a citizens' guide to combatting the discriminatory siting of toxic waste dumps
• Abstracts: Antifraternizing policies and at-will employment: counseling for a better relationship. Termination of employees immediately rehired by buyer in asset sale transactions not subject to WARN Act
• Abstracts: Protecting thoughts and communications from invasive discovery: the attorney-client and work-product privileges. part 2

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.