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42 Colum. J.L. & Soc. Probs. [i] (2008-2009)

handle is hein.journals/collsp42 and id is 1 raw text is: COLUMBIA JOURNAL OF LAW
Volume 42                      Number 1                        Fall 2008
Copyright © 2008 by the Columbia Journal of Law and Social Problems, Inc.
EN OUGH? ................................................................................................ 1
A new Medicare rule that will take effect October 2008 will prevent hospitals
from receiving payment for the costs of treating certain hospital-acquired
infections and conditions. This Note argues that the rule is unlikely to reduce
the frequency of hospital-acquired conditions. The rule is based on the
erroneous assumption that distorted financial incentives are responsible for
the high rate of hospital-acquired conditions, and ignores the fact that
hospitals lack the resources and data to tackle the systemic problems that
endanger patients. This misguided approach could render the new rule
ineffectual, or worse, result in unintended consequences that undermine
patient care. To significantly contribute to a reduction in hospital-acquired
conditions, the federal government should increase funding for the Agency for
Healthcare Research and Quality to develop proven strategies that hospitals
can implement to reduce infection.
DIVERSITY IN PRIVATE PRACTICE ............................................. 43
Despite an increase in the enrollment of women and minorities in law school,
female and minority attorneys opting to work at law firms find themselves
walking through a revolving door. The high attrition rates of these attorneys
have persisted during a period in which many law firms have adopted
diversity initiatives with the explicit goal of attracting and retaining minority
attorneys. This Note examines an initiative outside of the law firm context in
order to provide insight into the failures of law firm diversity programs and
prospects for reform. The catalyst for this alternative approach to promoting
racial and gender equality is an innovative initiative designed to increase the
retention and promotion of women in the workplace at Deloitte & Touche USA
LLP. The strategies employed by Deloitte include: (1) the development of all
employees, premised on the assumptions that everyone has the capacity to
improve, should be given the opportunity to flourish within the organization,
and should engage with the organization as a full participant; (2) an
understanding   of  the  psychological  approaches  to  individual  and
organizational learning so as to effectuate learning from error and
engagement with the organization; and (3) the creation of processes and
conditions that support these kinds of changes over time. Despite the
challenges facing law firms in implementing these concepts, the opportunity
has presented itself for law firms to re-assess and reshape their traditional

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