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Full-Text Articles in Law
The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost
The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost
Scholarly Articles
Virtually every country in the world is currently attempting to find ways to ration health care services in order to control exploding health care costs. In some countries the courts play a role in overseeing the rationing of health care. This article examines the role that the courts play in the United States in health care rationing in various contexts and programs. It then goes on to present the German social courts as an alternative model for judicial oversight of health care rationing that is both responsive to the rights of health care consumers and professionals and sensitive to the …
The Death Penalty In The United States: Following The European Lead, Nora V. Demleitner
The Death Penalty In The United States: Following The European Lead, Nora V. Demleitner
Scholarly Articles
None available.
Politicization And Judicialization Of The U.S. Chief Executive’S Political And Criminal Responsibility: A Threat To Constitutional Integrity Or A Natural Result Of The Constitution’S Flexibility?, Rett R. Ludwikowski
Scholarly Articles
This article attempts to analyze to what extent the scope of executive privilege, constitutionally committed to the executive branch, is determined by judicial process or by purely political factors. It opens with a brief report on the process of formation of the Presidential model of government and the system of checks and balances in the United States. Focusing on the checks imposed on the Executive, this article distinguishes those restraints that are clearly constitutionalized, or stemming from judicial determination of their constitutionality, and those which are the result of judicial interpretation of the beneficial aspects of public policy or political …
Constitutional Values And The Ethics Of Health Care: A Comparison Of The United States And Germany, William J. Wagner
Constitutional Values And The Ethics Of Health Care: A Comparison Of The United States And Germany, William J. Wagner
Scholarly Articles
In the first section, this essay will consider questions the new era in health care poses for a health-care ethics of ends. The second section will address the question this emerging era raises for a health-care ethics of duty. Under the rubric of an ethics of ends, the essay examines, more particularly, the ends of health and efficiency. Under that of duty, it addresses the duties of respect for the dignity of the human person; respect for the covenant of treatment; and respect for justice in distribution. In each case, it seeks to identify the basis for an adequate response …