The Logic of Collective Action
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Appeal/Grievance Process – Member Appeals Committee Responsible Party: T
_________________________________________ APPROVAL as appropriate: Board _________ Exec Dir _________ Med Dir _________ Other Dir/Mgr _________ _________________________________________ REVIEWED BY LEGAL COUNSEL Yes ___ No ___ Date: x Name: x __________________________________________ POLICY STATUS: _x__ Approved ___Pending Policy and Procedure Title: Appeal/Grievance Process – Member Appeals Committee Responsible Party: T. Rumler/S. Sinnett Div/Dept/Serv Area: Member Services Volume: III Number: INS.MS.001 Date of Issue: 6/93 Page 1 of 8 Formerly A2a.015 (7/08)/MS.001 (4/12) NCQA UM 8 A PURPOSE: The purpose of this policy is: 1. To document the role of the Member Appeals Committee in the grievance process of Group Health Cooperative of South Central Wisconsin (GHC-SCW). 2. To document the policies and procedures for thorough, appropriate and timely registering and resolution of member appeals. DEFINITIONS: 1. Adverse Determination means an adverse benefit determination [as defined in 29 CFR 2560.503-1], as well as any rescission of coverage, as described in § 147.128 (whether or not, in connection with the rescission, there is an adverse effect on any particular benefit at that time). 2. Appeal/Grievance means a request for GHC-SCW to review an Adverse Determination. 3. Post-Service Appeal means a request to change an Adverse Determination for care or services that have already been received by the member. 4. Pre-Service Appeal is a request to change an Adverse Determination for care or service that GHC-SCW must approve, in whole or in part, in advance of the member obtaining care or services. POLICY: 1. The Member Appeals Committee is the adjudicating body for GHC-SCW’s grievance process. -
Expulsion and Censure Actions Taken by the Full Senate Against Members
Order Code 93-875 Expulsion and Censure Actions Taken by the Full Senate Against Members Updated November 12, 2008 Jack Maskell Legislative Attorney American Law Division Expulsion and Censure Actions Taken by the Full Senate Against Members Summary The authority of the United States Senate (as well as of the House) to establish the rules for its own proceedings, to “punish” its Members for misconduct, and to expel a Member by a vote of two-thirds of Members present and voting, is provided in the Constitution at Article I, Section 5, clause 2. This express grant of authority for the Senate to expel a Senator is, on its face, unlimited — save for the requirement of a two-thirds majority. In the context of what the Supreme Court has characterized as, in effect, an “unbridled discretion” of the body, expulsions in the Senate, as well as the House, have historically been reserved for cases of the most serious misconduct: disloyalty to the government or abuses of one’s official position. The Senate has actually expelled only 15 Members — 14 of those during the Civil War period for disloyalty to the Union (one of these expulsions was subsequently revoked by the Senate), and the other Senator during the late 1700s for disloyal conduct. The House of Representatives has expelled only five Members in its history, three during the Civil War period, one in 1980, and another in 2002, after convictions for bribery and corruption offenses related to official congressional duties. In the Senate, as well as in the House, however, other Members for whom expulsion was recommended have resigned from office prior to official, formal action by the institution. -
1 Certified for Publication in the Court Of
Filed 8/17/21 (unmodified opinion attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR CITY AND COUNTY OF SAN A160659 FRANCISCO, Plaintiff and Respondent, (City & County of San Francisco Super. Ct. No. CGC-18-569987) v. ALL PERSONS INTERESTED IN ORDER MODIFYING OPINION; THE MATTER OF PROPOSITION AND ORDER DENYING G (NOWAK), PETITION FOR REHEARING Defendants and Appellants. [NO CHANGE IN JUDGMENT] THE COURT: It is ordered that the opinion filed herein on July 26, 2021, be modified in the following particulars: 1. On page 4, line 17, the sentence beginning “By mid-November 2017” is deleted and replaced with the following sentence: By Autumn 2017, the District and Union were considering whether the parcel tax could be proposed as a citizens’ initiative. 2. On page 24, lines 3 and 4, the clause “Without disputing that Proposition G met the criteria set forth in the Charter” is deleted and replaced with the following clause: Without disputing that Proposition G met the criteria set forth in Section 14.101 of the Charter . Pollak, P.J., Tucher, J. and Brown, J. participated in the decision. 1 These modifications do not effect a change in the judgment. Appellant’s petition for rehearing is denied. Dated:___________________ _______________________ P.J. 2 Trial Court: City & County of San Francisco Superior Court Trial Judge: Hon. Ethan P. Schulman Counsel for Appellants: Greenberg Traurig: Bradley R. Marsh and Colin W. Fraser Counsel for Amicus Curiae Howard Jarvis Taxpayers Foundation; on behalf of Appellants: Jonathan M. Coupal, Timothy A. -
Absolute Voting Rules Adrian Vermeule
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2005 Absolute Voting Rules Adrian Vermeule Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Adrian Vermeule, "Absolute Voting Rules" (John M. Olin Program in Law and Economics Working Paper No. 257, 2005). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 257 (2D SERIES) Absolute Voting Rules Adrian Vermeule THE LAW SCHOOL THE UNIVERSITY OF CHICAGO August 2005 This paper can be downloaded without charge at: The Chicago Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html and at the Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=791724 Absolute Voting Rules Adrian Vermeule* The theory of voting rules developed in law, political science, and economics typically compares simple majority rule with alternatives, such as various types of supermajority rules1 and submajority rules.2 There is another critical dimension to these questions, however. Consider the following puzzles: $ In the United States Congress, the votes of a majority of those present and voting are necessary to approve a law.3 In the legislatures of California and Minnesota,4 however, the votes of a majority of all elected members are required. -
Texas Rules of Appellate Procedure
TEXAS RULES OF APPELLATE PROCEDURE Table of Contents SECTION ONE. (c) Where to File. GENERAL PROVISIONS (d) Order of the Court. Rule 1. Scope of Rules; Local Rules of Courts of Rule 5. Fees in Civil Cases Appeals Rule 6. Representation by Counsel 1.1. Scope. 6.1. Lead Counsel 1.2. Local Rules (a) For Appellant. (a) Promulgation. (b) For a Party Other Than Appellant. (b) Copies. (c) How to Designate. (c) Party's Noncompliance. 6.2. Appearance of Other Attorneys Rule 2. Suspension of Rules 6.3. To Whom Communications Sent Rule 3. Definitions; Uniform Terminology 6.4. Nonrepresentation Notice 3.1. Definitions (a) In General. (b) Appointed Counsel. 3.2. Uniform Terminology in Criminal Cases 6.5. Withdrawal (a) Contents of Motion. Rule 4. Time and Notice Provisions (b) Delivery to Party. (c) If Motion Granted. 4.1. Computing Time (d) Exception for Substitution of (a) In General. Counsel. (b) Clerk's Office Closed or Inaccessible. 6.6. Agreements of Parties or Counsel 4.2. No Notice of Trial Court’s Judgment Rule 7. Substituting Parties in Civil Case (a) Additional Time to File Documents. 7.1. Parties Who Are Not Public Officers (1) In general. (a) Death of a Party. (2) Exception for restricted appeal. (1) Civil Cases. (b) Procedure to Gain Additional Time. (2) Criminal Cases. (c) The Court’s Order. (b) Substitution for Other Reasons. 4.3. Periods Affected by Modified 7.2. Public Officers Judgment in Civil Case (a) Automatic Substitution of Officer. (a) During Plenary-Power Period. (b) Abatement. (b) After Plenary Power Expires. -
The Tea Party in Congress: Examining Voting Trends on Defense and International Trade Spending Legislation
The Tea Party in Congress: Examining Voting Trends on Defense and International Trade Spending Legislation Peter Ganz Creighton University I test how members of the United States House of Representatives associated with the Tea Party movement vote on four pieces of legislation relating to Both defense and international trade spending. Members with high FreedomWorKs scores, an interest group rating associated with the Tea Party, were found to have distinctly different voting patterns than the House of Representatives in general, while representatives that self-identified themselves as Tea Party showed no distinct voting patterns. Ganz 1 Research Question Since the Tea Party’s emergence in American politics in 2009 and its role in the Republican taKeover of Congress in the 2010 midterm elections, political scientists, politicians, media outlets, and special interest groups have sought to understand exactly what maKes the movement unique. While those associated with the Tea Party often call themselves RepuBlicans, there must Be differences that set the two apart; otherwise there would Be no reason for such a movement. Until now, investigations into the Tea Party have typically discovered that members of the movement are in favor of smaller government, decreased spending, and economic freedom, elements shared with the RepuBlican Party (Scherer, Altman, Cowley, Newton-Small, and Von Drehle, 2010; Courser, 2011; BullocK and Hood, 2012). Is there anything more significant that can be used to distinguish between the Tea Party and the rest of Congress? Drawing inferences from commonly accepted ideas about the Tea Party, this paper investigates whether or not members of the Tea Party extend their Beliefs in smaller government and decreased spending to the defense budget and the international trade budget. -
Points of Order; Parliamentary Inquiries
Points of Order; Parliamentary Inquiries A. POINTS OF ORDER § 1. In General; Form § 2. Role of the Chair § 3. Reserving Points of Order § 4. Time to Raise Points of Order § 5. Ð Against Bills and Resolutions § 6. Ð Against Amendments § 7. Application to Particular Questions; Grounds § 8. Relation to Other Business § 9. Debate on Points of Order; Burden of Proof § 10. Waiver of Points of Order § 11. Withdrawal of Points of Order § 12. Appeals B. PARLIAMENTARY INQUIRIES § 13. In General; Recognition § 14. Subjects of Inquiry § 15. Timeliness of Inquiry § 16. As Related to Other Business Research References 5 Hinds §§ 6863±6975 8 Cannon §§ 3427±3458 Manual §§ 627, 637, 861b, 865 A. Points of Order § 1. In General; Form Generally A point of order is in effect an objection that the pending matter or proceeding is in violation of a rule of the House. (Grounds for point of order, see § 7, infra.) Any Member (or any Delegate) may make a point of order. 6 Cannon § 240. Although there have been rare instances in which the Speaker has insisted that the point of order be reduced to writing (5 633 § 1 HOUSE PRACTICE Hinds § 6865), the customary practice is for the Member to rise and address the Chair: MEMBER: Mr. Speaker (or Mr. Chairman), I make a point of order against the [amendment, section, paragraph]. CHAIR: The Chair will hear the gentleman. It is appropriate for the Chair to determine whether the point of order is being raised under a particular rule of the House. The objecting Member should identify the particular rule that is the basis for his point of order. -
The Senate in Transition Or How I Learned to Stop Worrying and Love the Nuclear Option1
\\jciprod01\productn\N\NYL\19-4\NYL402.txt unknown Seq: 1 3-JAN-17 6:55 THE SENATE IN TRANSITION OR HOW I LEARNED TO STOP WORRYING AND LOVE THE NUCLEAR OPTION1 William G. Dauster* The right of United States Senators to debate without limit—and thus to filibuster—has characterized much of the Senate’s history. The Reid Pre- cedent, Majority Leader Harry Reid’s November 21, 2013, change to a sim- ple majority to confirm nominations—sometimes called the “nuclear option”—dramatically altered that right. This article considers the Senate’s right to debate, Senators’ increasing abuse of the filibuster, how Senator Reid executed his change, and possible expansions of the Reid Precedent. INTRODUCTION .............................................. 632 R I. THE NATURE OF THE SENATE ........................ 633 R II. THE FOUNDERS’ SENATE ............................. 637 R III. THE CLOTURE RULE ................................. 639 R IV. FILIBUSTER ABUSE .................................. 641 R V. THE REID PRECEDENT ............................... 645 R VI. CHANGING PROCEDURE THROUGH PRECEDENT ......... 649 R VII. THE CONSTITUTIONAL OPTION ........................ 656 R VIII. POSSIBLE REACTIONS TO THE REID PRECEDENT ........ 658 R A. Republican Reaction ............................ 659 R B. Legislation ...................................... 661 R C. Supreme Court Nominations ..................... 670 R D. Discharging Committees of Nominations ......... 672 R E. Overruling Home-State Senators ................. 674 R F. Overruling the Minority Leader .................. 677 R G. Time To Debate ................................ 680 R CONCLUSION................................................ 680 R * Former Deputy Chief of Staff for Policy for U.S. Senate Democratic Leader Harry Reid. The author has worked on U.S. Senate and White House staffs since 1986, including as Staff Director or Deputy Staff Director for the Committees on the Budget, Labor and Human Resources, and Finance. -
CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 and So out Into the Road the Three the Two Older Villains Did As They Had Mr
May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10929 Leahy Obama Snowe state, to calm the dangerous seas vice, but here it is. And by considering Lieberman Pryor Specter Lott Reid Stevens which, from time to time, threaten to that advice, it only stands to reason Lugar Roberts Sununu dash our Republic against rocky shoals that any President will be more as- Martinez Rockefeller Talent and jagged shores. sured that his nominees will enjoy a McCain Salazar Thomas The Senate proved it to be true again kinder reception in the Senate. McConnell Santorum Thune Mikulski Schumer Vitter yesterday, when 14 Members—from The agreement, which references the Murkowski Sessions Voinovich both sides of the aisle, Republicans and need for ‘‘advice and consent,’’ as con- Nelson (FL) Shelby Warner Democrats; 14 Members—of this re- tained in the Constitution, proves once Nelson (NE) Smith (OR) Wyden vered institution came together to again, as has been true for over 200 NAYS—18 avert the disaster referred to as the years, that our revered Constitution is Biden Dorgan Levin ‘‘nuclear option’’ or the ‘‘constitu- not simply a dry piece of parchment. It Boxer Feingold Lincoln tional option’’—these men and women is a living document. Cantwell Jeffords Murray of great courage. Yesterday’s agreement was a real-life Corzine Kennedy Reed illustration of how this historical docu- Dayton Kerry Sarbanes As William Gladstone said, in refer- Dodd Lautenberg Stabenow ring to the Senate of the United ment continues to be vital in our daily lives. It inspires, it teaches, and yester- NOT VOTING—1 States, the Senate is that remarkable body, the most remarkable day it helped the country and the Sen- Inouye of all the inventions of modern politics. -
Hon. J. Dennis Hastert Amicus Brief
No. 02-1674 IN THE ����������������������������������� ———— MITCH MCCONNELL et al., Appellants, v. FEDERAL ELECTION COMMISSION et al., Appellees. ———— On Appeal from the United States District Court for the District of Columbia ———— BRIEF OF THE HONORABLE J. DENNIS HASTERT, SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES, AS AMICUS CURIAE IN SUPPORT OF THE APPELLANTS ———— J. RANDOLPH EVANS * STEFAN C. PASSANTINO SETH F. KIRBY ARNALL GOLDEN GREGORY LLP 2800 One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309-3450 (404) 873-8500 Counsel for J. Dennis Hastert, Speaker of the United States * Counsel of Record House of Representatives July 8, 2003 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20001 TABLE OF CONTENTS Page TABLE OF AUTHORITIES ......................................... ii INTEREST OF AMICUS ............................................... 2 SUMMARY OF ARGUMENT ..................................... 4 THE ROLE OF THE SPEAKER IN AMERICAN POLITICS ...................................................................... 6 ARGUMENT................................................................. 9 I. THE BCRA VIOLATES THE CONSTI TUTION BY IMPERMISSIBLY RESTRICT ING THE SPEAKER’S ABILITY TO PARTICIPATE IN STATE AND LOCAL POLITICAL ACTIVITIES................................ 9 A. The Speaker Will be Prohibited from Taking Any Significant Role in the Activ ities of His State Party or the Campaign Committees of State Candidates .................. 11 B. The BCRA Unconstitutionally Discrimi nates Against the Speaker and Other Members of Congress by Preventing Them From Raising Money For State Candidates as Permitted by State Law............................ 18 C. The BCRA as Adopted Unconstitutionally Limits the Speaker’s Ability to Participate in Other State and Local Organizations....... 21 II. THE BCRA AS ADOPTED VIOLATES THE CONSTITUTION BY IMPERMISSIBLY RESTRICTING THE SPEAKER’S ROLE IN HIS NATIONAL PARTY ................................. 22 CONCLUSION............................................................. -
WHY COMPETITION in the POLITICS INDUSTRY IS FAILING AMERICA a Strategy for Reinvigorating Our Democracy
SEPTEMBER 2017 WHY COMPETITION IN THE POLITICS INDUSTRY IS FAILING AMERICA A strategy for reinvigorating our democracy Katherine M. Gehl and Michael E. Porter ABOUT THE AUTHORS Katherine M. Gehl, a business leader and former CEO with experience in government, began, in the last decade, to participate actively in politics—first in traditional partisan politics. As she deepened her understanding of how politics actually worked—and didn’t work—for the public interest, she realized that even the best candidates and elected officials were severely limited by a dysfunctional system, and that the political system was the single greatest challenge facing our country. She turned her focus to political system reform and innovation and has made this her mission. Michael E. Porter, an expert on competition and strategy in industries and nations, encountered politics in trying to advise governments and advocate sensible and proven reforms. As co-chair of the multiyear, non-partisan U.S. Competitiveness Project at Harvard Business School over the past five years, it became clear to him that the political system was actually the major constraint in America’s inability to restore economic prosperity and address many of the other problems our nation faces. Working with Katherine to understand the root causes of the failure of political competition, and what to do about it, has become an obsession. DISCLOSURE This work was funded by Harvard Business School, including the Institute for Strategy and Competitiveness and the Division of Research and Faculty Development. No external funding was received. Katherine and Michael are both involved in supporting the work they advocate in this report. -
Parties in Congress: a to Z (Part 1)” Prof
“Parties in Congress: A to Z (Part 1)” Prof. Anthony Madonna POLS 4105 Spring Semester 3/16/2021 University of Georgia Course Updates (3/16/21) EXAM 1: Has been e-mailed back. They went well, though I graded them fairly easily. Average was an 89, which was around my expectation headed in. section median mean low high points 2 90 89.37 70 100 10 3 86.25 84.6 72.5 92.5 40 4 100 93.7 60 100 15 5 86.67 87.8 73.3 100 15 6 100 96 75 100 20 Exam 1 91 89.25 70 96 100 EMAILS: Have a few outstanding. Don’t hesitate to text or stick around for office hours. MOVING FORWARD: Grading now, it’s been a mixed bag. Clarifications have helped. On the reaction papers… MOVING FORWARD: Today: Parties in Congress; Thursday: U.S. Senate History. For last week: Watch “Lincoln.” News 3/16 What do you guys have? Vaccines, COVID Relief, Amazon unionization, Cuomo, Joe Manchin, minimum wage, the Senate parliamentarian’s office, Russian sanctions, Iran deal, voting rights 1 Party Theories Ideology v. Party (the Debate): Can you show a member’s party affiliation independently influences a member’s vote once you control for the member’s ideology? In other words, does someone like former Speaker Newt Gingrich (R-GA) have an ideologically conservative voting record because he’s a Republican OR is he a Republican because he is ideologically conservative? Ideology What is it? Is it substantive? Is it simply methodological? Meaning, is it primarily a number political observers use to predict behavior? If it’s substantive is it just a cue for voters or is there a deeper meaning and utility for it? Certainly it provides a cue.