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Academic Journals
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From:William and Mary Law Review (Vol. 62, Issue 5) Peer-ReviewedThis Article describes how the Department of Health and Human Services (HHS) has used fiscal waiver authorities--delegated power to alter federal payments to states under Medicaid and the Affordable Care Act (ACA)--to...
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From:Diverse Issues in Higher Education (Vol. 28, Issue 19)The Obama administration's plan to waive some requirements of the No Child Left Behind Act, or NCLB, is drawing a mixed reaction from equity experts who cite the need for some action but fear the changes may reduce the...
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From:Trial (Vol. 43, Issue 10)Releases of liability for future gross negligence violate public policy and are unenforceable, the California Supreme Court held in a wrongful death suit against the city of Santa Barbara for a developmentally disabled...
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From:Notre Dame Law Review (Vol. 87, Issue 4)INTRODUCTION In 2009, the United States Court of Appeals for the First Circuit, sitting en banc, found that tax accrual workpapers prepared by in-house tax attorneys did not constitute work product. (1) The decision...
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From:Appraisal Journal (Vol. 82, Issue 1) Peer-ReviewedAccording to the Court of Appeals of Texas, a seven-day delay of communications between parties will not result in a finding of waiver of the right to an appraisal. Property owner Joseph Hayden alleged that his house...
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From:Yale Law Journal (Vol. 116, Issue 2) Peer-ReviewedA corporate director, sued in her individual capacity in connection with corporate malfeasance, often seeks to raise the defense that she relied on the advice of the corporation's counsel that the proposed course of...
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From:Policy & Practice (Vol. 70, Issue 2)What We've Learned from IV-E Waiver Demonstrations Waivers have provided a tremendous opportunity for learning more about innovative and effective child welfare practices. Expanding costs of foster care, increasing...
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From:Duke Law Journal (Vol. 52, Issue 6) Peer-ReviewedStates normally enjoy immunity from suit by private parties, but they may waive this immunity. The Supreme Court's steady contraction of other exceptions to the rule of state sovereign immunity has renewed interest in...
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From:ABA Journal (Vol. 98, Issue 10)The U.S. Supreme Court may have warmed some hearts when it allowed most of the 2010 federal health care reform law to stand, but the June 28 decision clunked big-time in many statehouses and with one presidential...
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From:Child Protection Law Report (Vol. 30, Issue 9) Peer-ReviewedHHS is seeking public comment on 12 new requests from states to waive the usual federal regulations for Title IV-E foster care funds. The proposals are summarized below: Alaska: For children in guardianship, making...
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From:Journal of Criminal Law and Criminology (Vol. 96, Issue 2) Peer-ReviewedBeginning in 2001, the American corporate landscape experienced the first of numerous scandals involving accounting irregularities, financial fraud, and other instances of misconduct. In response, law enforcement...
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From:Corrections Caselaw Quarterly (Issue 28)U.S. District Court RECORDS Maydak v. U.S. Dept. of Justice, 254 F.Supp.2d 23 (D.D.C. 2003). A prisoner sought the release, under the Freedom of Information Act (FOIA), of copies of law enforcement and prison...
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From:Business Lawyer (Vol. 70, Issue 2)INTRODUCTION Although the last several years have seen divergent decisions on the enforceability of arbitration agreements with class action waivers, (1) the U.S. Supreme Court's decisions in AT&T Mobility LLC v....
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From:Employee Relations Law Journal (Vol. 35, Issue 4) Peer-ReviewedOne common practice for employers in this era of layoffs is to offer departing employees additional severance benefits in exchange for a release (or waiver) of liability for claims connected with the employment...
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From:Defense Counsel Journal (Vol. 80, Issue 3) Peer-ReviewedTHE SUPREME COURT has made it clear that in cases involving the Federal Arbitration Act (1) there is a liberal public policy favoring arbitration (2) and that courts should "rigorously enforce agreements to...
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From:American Journal of Family Law (Vol. 22, Issue 1) Peer-ReviewedA waiver of attorney's fees in a marital agreement was subject to review for unconscionability the Colorado Supreme Court has held. The parties agreed, in Marriage of Ikler, 161 P3d 663 (Colo 2007), that under...
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From:Corrections Caselaw Quarterly (Issue 22)U.S. District Court SUPER. RELEASE-CONDITIONS U.S. v. Mills, 186 F.Supp.2d 965 (E.D. Wis. 2002). An offender filed an emergency motion for modification of his conditions of supervised release. The district court...
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From:Administrative Law Review (Vol. 72, Issue 3) Peer-Reviewed"Darkside Discretion" refers to a situation where the noncitizen satisfies the statutory criteria set by Congress to be eligible for remedy, but in the end, the adjudicator invokes discretion as the reason the noncitizen...
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From:Florida Bar Journal (Vol. 82, Issue 10)Certain rights conferred by statute are not susceptible to being waived by individuals on whom the statute confers those rights. Employment lawyers who deal in Fair Labor Standards Act (the FLSA) (1) cases are made...