Volume 51 | Alabama Law Review

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Volume 51

ISSUE 1

John T. Boese and Beth C. McClain, Health Care Fraud: Past, Present and Future, Why Thompson is Wrong: Misuse of the False Claims Act to Enforce the Anti-Kickback Act

Pamela H. Bucy, Growing Pains: Using the False Claims Act to Combat Health Care Fraud

Robert Fabrikant and Glenn E. Solomon, Application of the Federal False Claims Act to Regulatory Compliance Issues in the Health Care Industry

Stuart M. Gerson and Jennifer E. Gladieux, Advice of Counsel: Eroding Confidentiality in Federal Health Care Law

Gabriel L. Imperato, Internal Investigations, Government Investigations, Whistleblower Concerns: Techniques to Protect Your Health Care Organization

Timothy Stoltzfus Jost and Sharon L. Davies, The Empire Strikes Back: A Critique of the Backlash Against Fraud and Abuse Enforcement

Lewis Morris and Gary W. Thompson, Reflections on the Government’s Stick and Carrot Approach to Fighting Health Care Fraud

Stephen Robert Geisler, Commentary, Voluntary Disclosure of Corporate Violations of Federal Law

Jared Edward Mitchem, Parallel Proceedings: Concurrent Qui Tam and Grand Jury Litigation

Survey of 1998-1999 Developments in Alabama Case Law

ISSUE 2

Wythe Holt, Introduction: Law vs. Order, or Habeas vs. Hobbes

Eric M. Freedman, Milestones in Habeas Corpus: Part I Just Because John Marshall Said It, Doesn’t Make It So: Ex Parte Bollman and the Illusory Prohibition on the Federal Writ of Habeas Corpus for State Prisoners in the Judiciary Act of 1789

Christine Rucinski Strong and Susan Pace Hamill, Allocations Attributable to Partner Nonrecourse Liabilities: Issues Revealed by LLCs and LLPs

Brent J. McIntosh, The Revolutionary Second Amendment

Lea Brilmayer, America: The World’s Mediator?

Kevin Walker Beatty, A Decade of Confusion: The Standard of Review for ERISA Benefit Denial Claims as Established by Firestone

Patricia Kathryn Carlton, All Bets Are Off: An Examination of Alabama’s Proposed Lottery and the Educational Inadequacies It Was Intended to Remedy

Brian Verbon Cash, Images of Innocence or Guilt?: The Status of Laws Regulating Child Pornography on the Federal Level and in Alabama and and Evaluation of the Case Against Barnes & Noble

Mark Andrew Cerny, A Shield Against Arbitration: U.C.C. Section 2-207’s Role in the Enforceability of Arbitration Agreements Included with Delivery of Products

Nikaa Baugh Jordan, Allison v. Citgo Petroleum: The Death Knell for the Title VII Class Action?

Alma Kelley McLeod, Is Frye Dying or Is Daubert Doomed? Determining the Standard of Admissibility of Scientific Evidence in Alabama Courts

Survey of 1999 Alabama Legislation

ISSUE 3

Eric G. Bruggink, When Does Retroactivity Cross the Line? Winstar, Eastern Enterprises and Beyond A Timely Debate

Robert Brauneis, Eastern Enterprises, Phillips, Money, and the Limited Role of the Just Compensation Clause in Protecting Property “in its Larger and Juster Meaning”

J. Peter Byrne, Regulatory Takings and Judicial Supremacy

John Cibinic, Jr., Retroactive Legislation and Regulations and Federal Government Contracts

Steven J. Eagle, Substantive Due Process and Regulatory Takings: A Reappraisal

John D. Echeverria, Takings and Errors

James L. Huffman, Retroactivity, the Rule of Law, and the Constitution

Jan G. Laitos, The New Retroactivity Causation Standard

Robert Meltz, The Impact of Eastern Enterprises and Possible Legislation on the Jurisdiction and Remedies of the U.S. Court of Federal Claims

Joshua I. Schwartz, The Status of the Sovereign Acts and Unmistakability Doctrines in the Wake of Winstar: An Interim Report

Richard H. Seamon, An Analysis of Jurisdictional Issues Arising from Eastern Enterprises v. Apfel

Barton H. Thompson, Jr., The Allure of Consequential Fit

Charles Tiefer, Did Eastern Enterprises Send Enterprise Responsibility South?

Daniel E. Troy, Toward a Definition and Critique of Retroactivity

Michael Allan Wolf, Taking Regulatory Takings Personally: The Perils of (Mis)reasoning by Analogy

ISSUE 4

In Memoriam: Frank M. Johnson, Jr.

Donald W. Baker, Some Thoughts on Agricultural Liens under the New U.C.C. Article 9

Eric M. Freedman, Milestones in Habeas Corpus, Part II: Leo Frank Lives: Untangling the Historical Roots of Meaningful Federal Habeas Corpus Review of State Convictions

Eric M. Freedman, Milestones in Habeas Corpus, Part III: Brown v. Allen: The Habeas Corpus Revolution That Wasn’t

Elizabeth Erin Bosquet, Commentary, Contexualizing and Analyzing Alabama’s Approach to Gay and Lesbian Custody Rights

John David Collins, Commentary, Character Evidence and Sex Crimes in Alabama: Moving Toward the Adoption of New Federal Rules 413, 414, 415

Thad Austin Davis, Commentary, Cotnam v. Commissioner and the Income Tax Treatment of Contingency-based Attorney’s Fees– The Alabama Attorney’s Charging Lien Meets Lucas v. Earl Head-on

Lisa Blaylock Moss, Commentary, Modern Day Loan Sharking: Deferred Presentment Transactions & the Need for Regulation