Juggling free speech, decency; Supreme Court to consider restrictions on artists seeking NEA grant monies

Article Abstract:

The US Supreme Court will issue its ruling in National Endowment for the Arts v. Finley in Spr 1998, a major First Amendment case. The case concerns whether the government can limit the scope of artists who receive federal funding. Congress imposed grant-awarding standards on the NEA in 1990 in response to public controversy about the work of Robert Maplethorpe and Andres Serrano. Mapplethorpe did explicit photographs of gay men and Serrano depicted a cross dipped in urine. NEA officials were told to consider public standards of decency and respect the beliefs of the US public.

Freedom of speech, Artists, Grants-in-aid

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Juggling act; providing health care benefits may create unexpected liability

Article Abstract:

Some critics of managed care medical plans charge that cost containment may take precedence over necessary treatment, and employers with an employee who was inadequately treated as a result of a managed care plan's cost containment concerns may be found liable. ERISA preemption is the primary defense in utilization review or managed care cases. A 1992 5th Circuit case on utilization review notes that increasing cost containment measures may warrant review of the ERISA preemption doctrine. Measures employers should use in selecting health plans are listed.

Management, Managed care plans (Medical care)

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Who wears the badge: Justice claims federal prosecutors are exempted from a Louisiana ethics rule on attorney subpoenas

Article Abstract:

The Dept of Justice (DOJ) has sued Louisiana, claiming state ethics rules do not apply to attorney subpoenas or federal prosecutors. According to DOJ, the supremacy clause exempts its attorneys from the Louisiana Supreme Court's rule requiring judicial approval of subpoenas seeking client evidence from attorneys. Critics claim such attorney subpoenas are improper and damaging and that DOJ should observe stricter ethical standards.

Justice, Public Order, and Safety Activities, Dept of Justice, JUSTICE, PUBLIC ORDER, AND SAFETY, United States. Department of Justice, Legal ethics, Louisiana, Government attorneys, Subpoena

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