Mr. Blair analyzes the evolution of the Anti-Kickback Statute's scienter requirement. The article includes a historical review of the Anti-Kickback Statute and an in-depth discussion of three notable cases in this area, United States v. Greber, Hanlester Network v. Shalala, and United States v. Davis. The author concludes that without further guidance from either Congress or the Department of H...

Until recently, the patentability of stem cells was well established within the judicial and statutory framework in the United States. However, the shifting landscape of patent law, particularly with regard to patent-eligible subject matter under 35 U.S.C. §101, presents new challenges to the patentability of stem cells. In this paper, we discuss the legal precedent that paved the way for stem ...

Most selective universities in the United States, and the entire higher education establishment at One Dupont Circle in Washington, D.C., have asserted that universities must have, and do have, the right to use racial preferences in their admissions policies. The assertion of this right is based on the diversity rationale that U.S. Supreme Court Justice Lewis F. Powell articulated in his opinio...

They were right, my dear, all those voices were right And still are; this land is not the sweet home that it looks, Nor its peace the historical calm of a site Where something was settled once and for all... -In Praise of Limestone, W.H. Auden, 1948 In 1954, in the Brown vs. The Board of Education of Topeka decision, the United States Supreme Court declared that "to separate [black children] fr...

The United States has seen a dramatic shift in support for marriage equality for same-sex couples over the past decade, culminating in a recent gay rights victory in the U.S. Supreme Court.1 Also in the past year, several states have approved marriage rights for same-sex couples through the legislative or initiative process, reflecting the increasing cultural and political acceptance of marriag...

As one of the few studies to examine internal influence among Justices on the United States Supreme Court, this Note seeks to identify the most influential individuals on the Rehnquist Court. Using an empirical analysis of non-majority opinion joining behavior, this Note examines two time periods separately: the entire Rehnquist Court (the 1986 to 2004 Terms) and the time when the membership on...

In Georgia v. Randolph, the U.S. Supreme Court saw new Chief Justice John Roberts’s first written dissent. In somewhat barbed language, the Chief Justice challenged the majority’s perspective on what properly characterized the defendant’s, and society’s, expectations of privacy. Forty years of Supreme Court jurisprudence has explicitly relied on gauging such expectations, since Justice Harlan i...

This article highlights recent and pending United States Supreme Court cases interpreting employment provisions of the Americans with Disabilities Act and discusses their implications for spine professionals. The implications include how Spine readers approach evaluations of employees and job applicants with disabilities and workplace accommodations in light of the recent decisions. The cases p...

Oregon became the first state in the nation to legalize assisted suicide. Passage of Proposition 16 was a milestone in the campaign to make assisted suicide a legal option. The culmination of years of effort, the Oregon vote followed on the heels of failed referenda in California and Washington, and other unsuccessful attempts to enact state laws guaranteeing the right to suicide assistance. In...