White Papers

04.14.11

Voters Ride The Property Rights Roller Coaster

Property rights. It’s the issue of the day – every day. It is hard to pick up a newspaper without being confronted with property rights stories. They cover the country. From the East Coast, we get stories about the still smoldering aftermath of Kelo v. City of New London, 125 S. Ct ...


04.14.11

Though No Blockbuster, ''Lingle'' Disentangles Takings, Due Process

When it issued its recent decision in Lingle v. Chevron U.S.A. Inc., 2005 WL 1200710, the U.S. Supreme Court untangled a quarter-century-old jurisprudential knot that it confessed probably was caused by its near absence from the field of takings law since 1922. Lingle involved a challenge ...


04.14.11

San Remo Hotel: When Ship Comes In – But Only Passes By

Twenty years ago, the U.S. Supreme Court established a “ripeness” hurdle for property owners wanting to litigate Fifth Amendment claims that government regulations took their property for public use without compensation. To give federal courts jurisdiction to hear them, the owners ...


04.14.11

What's The U.S. Supreme Court Been Up To Lately?

Introduction I was planning to rant about how the Supreme Court seems to have been ignoring land use and property cases lately, having denied certiorari in a significant number of cases presenting interesting issues. But then the Justices came back from summer recess and — so far — ...


04.14.11

Recent Developments In The Right To Take

Introduction The issue of the right to condemn has been increasingly the subject of judicial attention. Courts have been both strict and loose in their interpretation of the power, particularly where the concept of "public use" is involved. Indeed, the issue has hit such a boil that it ...


04.04.11

Revisioning Medicaid as Part of New York’s Coverage Continuum

The Medicaid Institute at the United Hospital Fund—in a report authored by Deborah Bachrach, Patricia M. Boozang and Melinda J. Dutton of Manatt in collaboration with Danielle Holahan of United Hospital Fund—explores New York’s Medicaid eligibility and enrollment in the context ...


03.31.11

Medicaid's Role in the Health Benefit Exchange: A Road Map for States

The National Academy for State Health Policy (NASHP), in a report authored by Manatt Health Solutions, identifies the new opportunities under the Affordable Care Act (ACA) for states to consolidate and rationalize the oversight of public and private insurers, and the decision points for states as ...


03.28.11

Implementing National Health Reform in California: Opportunities for Improved Access to Care

The California HealthCare Foundation released a report authored by Melinda Dutton, a partner in the Healthcare Division, and Alice Lam, Manatt Health manager, providing a roadmap for California in implementing national health reform. The report "Implementing National Health Reform in ...


03.18.11

The Impact of Federal Stimulus Funds on Community Health Centers in California

A Manatt Health team of Helen Pfister, Arun Patel, Timi Leslie, Bill Connelly, Karyn Bell, Erik Johnson, and others recently contributed to The California HealthCare Foundation's July Issue Brief, "The Impact of Federal Stimulus Funds on Community Health Centers in California." The ...


03.17.11

NYSHealth Report: Streamlining New York Medicaid's Excess Income Program

This brief describes the Excess Income Program, its complex processing requirements, and select characteristics and utilization patterns for the approximately 60,000 Excess Income recipients who dwell in the community. The brief focuses on community recipients—as opposed to those residing in ...