Note
Hoarders: Clarifying FERC’s Policy, as Articulated in Order No. 888, Against Withholding Electric Transmission Capacity
Sandy Kugbei
Adopted in 1998 with the express goal of curbing undue discrimination in the interstate market for electric transmission, Order No. 888 has been referred to as the single largest step taken by the Federal Energy Regulatory Commission (FERC or the Commission) to foster competition in the market for wholesale electric transmission. Among its key features, Order No. 888 requires a utility within FERC’s jurisdiction to separate its transmission function from…
Article
Gatekeepers Gone Wrong: Reforming the Chapter 9 Eligibility Rules
Laura N. Coordes
In order to gain access to chapter 9 bankruptcy, municipalities must demonstrate that they meet several eligibility requirements. These requirements were put in place to prevent municipalities from making rash decisions about filing for bankruptcy. Too often, however, these requirements impede municipalities from attaining desperately needed relief. This Article demonstrates that as currently utilized, the chapter 9 eligibility rules overemphasize deterrence and are not rationally connected to the reasons the…
Note
Wrongly “Identified”: Why an Actual Knowledge Standard Should Govern Health Care Providers’ False Claims Act Obligations to Report and Return Medicare and Medicaid Overpayments
Nicholas J. Goldin
In 2015, Medicare spent $632 billion on health care for America’s elderly (and other covered groups). Medicaid spent another $554 billion to provide health care to America’s needy. The government estimates that improper payments account for as much as 10% of Medicare and Medicaid spending. Given the vast amount of money at stake, and the fact that there is bipartisan support for recovering taxpayer dollars, it is no surprise the…
Commentary
The Supreme Court Acknowledges Congress’ Authority to Confer Informational Standing in Spokeo, Inc. v. Robins
Bradford C. Mank
The Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins does not fully resolve when an intangible injury such as a defendant’s misreporting of a plaintiff’s personal information is sufficient to constitute a “concrete injury” for Article III standing. However, the Spokeo decision makes clear that Congress has a significant role in defining intangible injuries for Article III standing beyond what was considered an injury under the American or English…
Article
The Food We Eat and the People Who Feed Us
Stephen Lee
Food justice scholars and advocates have made a simple but important point: for all the attention we pay to the food we eat, we pay far too little attention to the people who feed us. But can law play a role in directing consumer attention to labor-related issues? Traditional food law paradigms provide at best incidental benefits to food workers because these types of laws typically rely on transparency and…
Campus Box 1120, One Brookings Drive, St. Louis, MO 63130
Copyright 2018 © All Rights Reserved
To Consider or to Use? Citation to Foreign Authority and Legal Aesthetics