• 06.02.11

    Understanding the New State County Paradigm: The 2005 New York State Medicaid Cap Legislation

    The new cap on the local share of Medicaid costs in New York means the State will absorb the fiscal impact of future changes to the program. With the State now reaping a greater benefit from cuts in benefits, eligibility, services, and rates, the fiscal and political pressures are ...

  • 06.02.11

    First Comprehensive Review of the HITECH Act’s Implementation

    Manatt Health today released a comprehensive review of the Health Information Technology for Economic and Clinical Health Act’s implementation to date. HITECH was a key component of the American Recovery and Reinvestment Act of 2009, designed to improve the quality, efficiency, and ...

  • 05.06.11

    Private Investment Funds Aided By Pension Reform

    A little-noticed section of the Pension Protection Act of 2006 could mean a big benefit for private equity funds and other investment vehicles. Effective immediately, funds that take in money from benefit plans will not be required to aggregate government pension funds and foreign funds with ERISA ...

  • 04.14.11

    Let Twin Towers Lessee Build, Get on With Life

    You could call this column an open letter to Justice Anthony Kennedy. On January 7, 2002, the U.S. Supreme Court heard oral argument in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 687 (2002). The central issue in the case was whether government – ...

  • 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 ...