Articles

12.09.18

This Is What NYC’s Public Advocate Should Be

“The Public Advocate’s race in New York City to succeed Tish James, following her election as Attorney General, provides a real opportunity for the voters of New York City to take control of this contest. If voters are looking for a lever to gain that control I have an idea: make the ...


12.04.18

Free Money!

“Preface. It’s the time of year when we would all enjoy just a little bit of extra moolah to spread end-of-the-year holiday cheer. And so this month’s column is no joke or hyperbole: Following the steps outlined in this article is likely to actually put money—honest to ...


11.28.18

Only an Actual Habitat Can Be Designated a ‘Critical’ Habitat

“In one of its early decisions this term, the U.S. Supreme Court decided to give us all a lesson in the proper use of the English language. It did so in the context of the Endangered Species Act, which directs the Secretary of the Interior, upon listing a species as ‘endangered,’ ...


11.20.18

Public Charge Rule Would Have Significant, Negative Impact on Immigrants’ Health Care and the ...

“The U.S. Department of Homeland Security (DHS) has proposed a rule that would put the administration’s immigration policy in direct conflict with sound health policy. As George Washington University’s Sara Rosenbaum explains in a recent To the Point post, the ...


11.13.18

Medicaid Provisions in the SUPPORT Act: An Important Step Forward in the Opioid Epidemic, but the ...

“Last month, President Trump signed into law the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (the ‘SUPPORT Act’). Most stakeholders agree that the law is an important step forward, offering a range ...


11.12.18

Putting on My Big Boots: Ready for My Next Adventure!

You may recall that I started my blog post about going off to find my next work adventure with words of wisdom from Winnie the Pooh.


11.08.18

NY Democrats are Taking Control. Now What?

“New York Democrats now hold solid majorities in both the State Senate and the Assembly. They have won at least 38 Senate seats, including all five based in Nassau County and one from Suffolk, a gain of seven seats statewide, with two races to be determined (Republicans are narrowly ahead in ...


11.06.18

How Golden Is Silence?

“A concept learned early in law school is that silence is not acquiescence. This idea appears in California’s jury instructions, CACI 310, which says that if a party does not respond to an offer, then that inaction is not deemed an acceptance, unless the parties understood silence to be ...


10.30.18

Strange Things Are Afoot in This Takings Decision

"A decision relating to takings law in California was recently filed by the Court of Appeal in San Francisco. San Francisco SRO Hotel Coalition v. City and County of San Francisco, A151847 (Oct. 15, 2018). There are two strange things about the opinion. First, the court ruled in the ...


10.30.18

Diligence Remains Key For Medicare Advantage Plans

"A federal district court has determined it is too easy for Medicare Advantage health plans to be accused of fraud based on erroneous data they report to the federal government, striking down a key regulation. Should the plans abandon the compliance programs they implemented in light of that ...