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Full-Text Articles in Law
Advancing Public Health Through The Law: The Role Of Legal Academics: Workshop Report, Leo Beletsky, Wendy E. Parmet, Scott C. Burris
Advancing Public Health Through The Law: The Role Of Legal Academics: Workshop Report, Leo Beletsky, Wendy E. Parmet, Scott C. Burris
Wendy E. Parmet
The July 2012 workshop Advancing Public Health Through the Law: the Role of Legal Academics was funded by The Robert Wood Johnson Foundation's Public Health Law Research Program and convened by the Northeastern University School of Law Program on Health Policy and Law. The workshop brought together nationally recognized public health legal scholars, public health practitioners and advocates, and representatives of grant-making insituttions. Through interactive exercises and discussions, participants explored the value that legal doctrine and practice add to public health and ways to strengthen public health law's engagement with public health practice. The convening of this workshop was motivated …
Beyond Externships: Health Law Co-Ops, Wendy E. Parmet
Beyond Externships: Health Law Co-Ops, Wendy E. Parmet
Wendy E. Parmet
Based on a presentation at the Law, Medicine and Health Care section meeting at the Annual Meeting of the AALS in January 2012, this paper describes the impact that co-ops have for health law students and faculty. Co-ops are the four 10 to 11 week full-time legal placements that Northeastern University School of Law requires of all J.D. students. Although co-ops are not unique to health law, they are especially valuable to health law students, providing them with the opportunity to experience multiple practice settings. This varied experience can be especially useful for students entering a field as broad as …
Restoring Legal Immigrants' State Health Insurance- The Finch Case, Wendy E. Parmet, Lorianne Sainsbury-Wong
Restoring Legal Immigrants' State Health Insurance- The Finch Case, Wendy E. Parmet, Lorianne Sainsbury-Wong
Wendy E. Parmet
In Finch v. Commonwealth Insurance Connector Authority, 461 Mass. 232 (2012), the Massachusetts Supreme Judicial Court held that a 2009 law barring a class of legal immigrants from a state funded health insurance program for low income adults violated the state Constitution. This article presents our perspective as plaintiff’s counsel. We focus on the pragmatic issues that we confronted as we considered whether or not to pursue litigation, and the forum and claims to pursue.
Aids And Quarantine: The Revival Of An Archaic Doctrine, Wendy E. Parmet
Aids And Quarantine: The Revival Of An Archaic Doctrine, Wendy E. Parmet
Wendy E. Parmet
This Article, written in the early years of the AIDS epidemic, explored the historical evolution of the law of quarantine in an attempt to uncover its development through prior understandings of disease, science, and the relationship between the individual and the state. The Article then took initial steps toward placing the law of quarantine in the context of the then-current legal doctrine and analyzing its applicability to the early stages of the AIDS epidemic.
Aids And Quarantine: The Revival Of An Archaic Doctrine, Wendy E. Parmet
Aids And Quarantine: The Revival Of An Archaic Doctrine, Wendy E. Parmet
Wendy E. Parmet
This Article, written in the early years of the AIDS epidemic, explored the historical evolution of the law of quarantine in an attempt to uncover its development through prior understandings of disease, science, and the relationship between the individual and the state. The Article then took initial steps toward placing the law of quarantine in the context of the then-current legal doctrine and analyzing its applicability to the early stages of the AIDS epidemic.
Beyond Privacy: A Population Approach To Reproductive Rights, Wendy E. Parmet
Beyond Privacy: A Population Approach To Reproductive Rights, Wendy E. Parmet
Wendy E. Parmet
In recent years, public health arguments have gained new prominence in debates over abortion and access to reproductive health services. Opponents of reproductive rights in particular have used the language of public health, and the deference that public health law generally accords to state health regulations, to justify a variety of stringent regulations of reproductive health services. This Chapter considers the impact of this development on reproductive rights. It begins by exploring how each side in the reproductive rights debate has employed public health arguments and the impact of those arguments on judicial decisions, especially the Supreme Court’s decision in …
Commonwealth Of Massachusetts Supreme Judicial Court Brief And Record Appendix For The Plaintiff On Reserve And Report From The Single Justice, Finch, Et Al. V. Commonwealth Health Insurance Connector Authority, Et Al., No. Sjc-10748 (Filed September 2010), Wendy E. Parmet, Lorianne Sainsbury-Wong, Lauren Guth Barnes
Commonwealth Of Massachusetts Supreme Judicial Court Brief And Record Appendix For The Plaintiff On Reserve And Report From The Single Justice, Finch, Et Al. V. Commonwealth Health Insurance Connector Authority, Et Al., No. Sjc-10748 (Filed September 2010), Wendy E. Parmet, Lorianne Sainsbury-Wong, Lauren Guth Barnes
Wendy E. Parmet
In 2009 the Commonwealth of Massachusetts enacted a law, St. 2009, c. 65, § 31(a), that excluded approximately 44,000 legal immigrants from Commonwealth Care, a key component of the state’s 2006 health reform act which provides health insurance subsidies for uninsured residents whose income are up to 300 percent of the Federal Poverty Level. In 2010 Health Law Advocates, a public interest law firm, filed a class action before a Single Justice of the State Supreme Judicial Court challenging the exclusion as violating the equal protection provisions of the Massachusetts Declaration of Rights. The Single Justice referred four questions to …
Brief Of Health Care For All, Inc., Health Law Advocates, Inc., The Massachusetts Hospital Association, Inc., The Massachusetts League Of Community Health Centers, Inc., Greater Boston Interfaith Organization, Inc., And Community Catalyst, Inc. As Amici Curiae In Support Of Petitioners Urging Reversal On The Minimum Coverage Provision Issue, Department Of Health And Human Services, Et Al. V. State Of Florida, Et Al., No. 11-398 (Filed Jan. 13, 2012), Wendy E. Parmet, Lorianne Sainsbury-Wong, Kevin Outterson
Brief Of Health Care For All, Inc., Health Law Advocates, Inc., The Massachusetts Hospital Association, Inc., The Massachusetts League Of Community Health Centers, Inc., Greater Boston Interfaith Organization, Inc., And Community Catalyst, Inc. As Amici Curiae In Support Of Petitioners Urging Reversal On The Minimum Coverage Provision Issue, Department Of Health And Human Services, Et Al. V. State Of Florida, Et Al., No. 11-398 (Filed Jan. 13, 2012), Wendy E. Parmet, Lorianne Sainsbury-Wong, Kevin Outterson
Wendy E. Parmet
This amicus brief was filed before the Supreme Court in the Affordable Care Act (ACA) litigation on behalf of Health Care for All and other Massachusetts organizations that have been involved in the implementation of Massachusetts’ health 2006 health reform legislation. The brief argues that Massachusetts’ health reform law, upon which the ACA is modeled, has been very effective in expanding insurance coverage within the State, but it required substantial federal support, through a Medicaid waiver, to achieve its success. In addition the Commonwealth’s experience illustrates that the health insurance and health care markets are inherently interstate commerce and that …
Commonwealth Of Massachusetts Supreme Judicial Court Brief For The Plaintiffs On Reserve And Report From The Single Justice, Finch, Et Al. V. Commonwealth Health Insurance Connector Authority, Et Al., No. Sjc-11025 (Filed August 22, 2011), Wendy E. Parmet, John H. Cushman
Commonwealth Of Massachusetts Supreme Judicial Court Brief For The Plaintiffs On Reserve And Report From The Single Justice, Finch, Et Al. V. Commonwealth Health Insurance Connector Authority, Et Al., No. Sjc-11025 (Filed August 22, 2011), Wendy E. Parmet, John H. Cushman
Wendy E. Parmet
In Finch v. Commonwealth Health Insurance Connector Auth., 459 Mass. 655 (2011), the Massachusetts Supreme Judicial Court ruled that a state law excluding a class of legal immigrants from Commonwealth Care, a key component of the state’s 2006 health reform act, discriminated against legal aliens and was subject to strict scrutiny under the Massachusetts Constitution. Following that ruling, the plaintiffs filed a motion for partial summary judgment. The state opposed the motion arguing that the exclusion was narrowly tailored to serve the compelling state interest of furthering national immigration policy. In this brief, the plaintiffs argued that the statute could …