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Articles 31 - 60 of 127
Full-Text Articles in Law
Medicaid And The Unconstitutional Dimensions Of Prior Authorization, Jagan Nicholas Ranjan
Medicaid And The Unconstitutional Dimensions Of Prior Authorization, Jagan Nicholas Ranjan
Michigan Law Review
The political outcry over prescription drug costs has been one of the most vociferous in recent memory. From tales depicting renegade seniors sneaking cheap prescriptions of Vioxx out of Tijuana across the border, to the promises of reduced prices made by front-runners during the 2000 Presidential election, the calls for lower drug prices have been forceful and demanding. This war for lower-priced pharmaceuticals fought by consumers, interest groups and politicians against the pharmaceutical industry itself has recently developed yet another front. The latest battle is over Medicaid. The new victims are the poor. Presently, federal statutory provisions in the Medicaid …
The Case Against Assisted Suicide Reexamined, Ani B. Satz
The Case Against Assisted Suicide Reexamined, Ani B. Satz
Michigan Law Review
In Toni Morrison's acclaimed novel Beloved, Sethe, a runaway slave woman on the brink of capture, gruesomely murders one of her infant children and is halted seconds before killing the second. Cognizant of the approaching men, Sethe's actions are deliberate, swift, confident, and unflinching. Afterwards, she sits erect in the Sheriff's wagon. The reader is left to struggle, situating the horror of the event within the context of the reality of slavery. Was this an act of mercy tQ prevent the suffering Sethe's child would know as a slave? Is loss of autonomy, even rising to the condition of slavery, …
Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson
Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson
Michigan Law Review
Coal dust build-up prevents many coal miners' lungs from functioning properly. This condition, commonly referred to as black lung or pneumoconiosis, can make common activities nearly impossible. The Black Lung Benefits Act covers the cost of medical treatment for many affected miners, though procedural impediments often prevent miners from receiving care. The miner's current or former employer, when identifiable, must pay for medical care relating to the miner's black lung. Most disputes over miners' claims for medical care arise when the miner has a history of cigarette smoking and the need for medical care could arise from either coal dust …
The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook
Michigan Law Review
The United States has turned away immigrants infected with the human immunodeficiency virus ("HIV") under the public health exclusion of the Immigration and Nationality Act ("INA") since the mid-1980's. Since Congress codified the HIV exclusion in 1993, any alien applying for an immigrant or nonimmigrant visa, adjustment of status to lawful permanent resident, or refugee status must first have a blood test for HIV. The HIV exclusion is not absolute, however. Each HIV-positive alien can apply for one of two waivers of the HIV exclusion that are available in the INA. When an alien applies for immigrant or permanent resident …
Is The Clean Air Act Unconstitutional?, Cass R. Sunstein
Is The Clean Air Act Unconstitutional?, Cass R. Sunstein
Michigan Law Review
This Article deals with two linked questions. The first involves the future of the Clean Air Act. The particular concern is how the Environmental Protection Agency ("EPA") might be encouraged, with help from reviewing courts, to issue better ambient air quality standards, and in the process to shift from some of the anachronisms of 1970s environmentalism to a more fruitful approach to environmental protection. The second question involves the role of the nondelegation doctrine in American public law, a doctrine that shows unmistakable signs of revival. I will suggest that improved performance by EPA and agencies in general, operating in …
How Many Libertarians Does It Take To Fix The Health Care System?, Thomas L. Greaney
How Many Libertarians Does It Take To Fix The Health Care System?, Thomas L. Greaney
Michigan Law Review
There's an old joke about a Southern preacher who is asked whether he believes in the sacrament of infant baptism. "Believe in it?" thunders the preacher. "Hell, son, I've seen it done." In Mortal Peril: Our Inalienable Right to Health Care?, Richard Epstein gives testimony that markets should be left unfettered to distribute health care services. Arguing from first principles, he aims to persuade that the messy, confusing business of health care is best dealt with by simple legal rules: permit free contracting, countenance no government-induced subsidies, recognize no positive rights. One leaves this particular revival tent feeling he …
Chicago Hope Meets The Chicago School, Gail B. Agrawal
Chicago Hope Meets The Chicago School, Gail B. Agrawal
Michigan Law Review
Twenty-five years after the enactment of the Federal Health Maintenance Organization Act and nearly five years after the failure of proposed federal health care reform, managed care has come to dominate the medical marketplace. As a result, the relationships among patients, payers, and physicians have changed fundamentally and dramatically. In this market-driven environment, health care - how much it costs, who receives treatment, and who pays for it - may have surpassed the weather as a topic of everyday conversation at dinner tables and water coolers across the country. In the popular press, reports concerning managed care, usually derogatory, are …
Unshackling Black Motherhood, Dorothy E. Roberts
Unshackling Black Motherhood, Dorothy E. Roberts
Michigan Law Review
When stories about the prosecutions of women for using drugs during pregnancy first appeared in newspapers in 1989, I immediately suspected that most of the defendants were Black women. Charging someone with a crime for giving birth to a baby seemed to fit into the legacy of devaluing Black mothers. I was so sure of this intuition that I embarked on my first major law review article based on the premise that the prosecutions perpetuated Black women's subordination. My hunch turned out to be right: a memorandum prepared by the ACLU Reproductive Freedom Project documented cases brought against pregnant women …
The Real Ethic Of Death And Dying, Norman L. Cantor
The Real Ethic Of Death And Dying, Norman L. Cantor
Michigan Law Review
A Review of Peter Singer, Rethinking Life and Death
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
Michigan Law Review
This article focuses on one particular set of issues raised by the effort to coordinate the activities of Head Start centers with those of substance abuse treatment programs and the introduction of treatment and prevention functions into the daily interactions of Head Start staff and parents. These issues involve the disclosure of potentially damaging information about a Head Start parent's drug or alcohol abuse and the confidentiality considerations that arise when she or he has sought or received treatment for that abuse. Although it is possible to characterize these issues as technical, doctrinal questions of statutory and regulatory interpretation, it …
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
Michigan Law Review
This article focuses on one particular set of issues raised by the effort to coordinate the activities of Head Start centers with those of substance abuse treatment programs and the introduction of treatment and prevention functions into the daily interactions of Head Start staff and parents. These issues involve the disclosure of potentially damaging information about a Head Start parent's drug or alcohol abuse and the confidentiality considerations that arise when she or he has sought or received treatment for that abuse. Although it is possible to characterize these issues as technical, doctrinal questions of statutory and regulatory interpretation, it …
Life's Sacred Value—Common Ground Or Battleground, Alexander Morgan Capron
Life's Sacred Value—Common Ground Or Battleground, Alexander Morgan Capron
Michigan Law Review
A Review of Life's Dominion: An Argument About Abortion, Euthanasia, and Individual Freedom by Ronald Dworkin
Cumulative Trauma Disorders: Osha's General Duty Clause And The Need For An Ergonomics Standard, David J. Kolesar
Cumulative Trauma Disorders: Osha's General Duty Clause And The Need For An Ergonomics Standard, David J. Kolesar
Michigan Law Review
This Note argues that neither the Act nor its underlying policies supports OSHA's current use of the general duty clause to prosecute alleged ergonomics violations and that the only way to protect workers from CTDs fairly and effectively is through the promulgation of an ergonomics standard. Part I examines the purposes of the Act, as well as the function of the Act's general duty clause. Part II analyzes the four requirements of the general duty clause in the context of CTDs and finds that the clause does not apply to CTDs. Part III argues that the Act's intended policies support …
In The Regulation Of Manmade Carcinogens, If Feasibility Analysis Is The Answer, What Is The Question?, Christopher H. Schroeder
In The Regulation Of Manmade Carcinogens, If Feasibility Analysis Is The Answer, What Is The Question?, Christopher H. Schroeder
Michigan Law Review
A Review of Environmentally Induced Cancer and the Law by Frank B. Cross
Shattered Mirrors: Our Search For Identity And Community In The Aids Era, William J. Aseltyne
Shattered Mirrors: Our Search For Identity And Community In The Aids Era, William J. Aseltyne
Michigan Law Review
A Review of Shattered Mirrors: Our Search for Identity and Community in the AIDS Era by Monroe E. Price
Aids And Government: A Plan Of Action?, Taunya Lovell Banks
Aids And Government: A Plan Of Action?, Taunya Lovell Banks
Michigan Law Review
A Review of Report of the Presidential Commission on the Human Immunodeficiency Virus Epidemic by Washington: U.S. Government Printing Office
A Need For Caring, Judith Areen
A Need For Caring, Judith Areen
Michigan Law Review
A Review of AIDS and the Law: A Guide for the Public edited by Harlon L. Dalton, Scott Burris and the Yale AIDS Law Project
Special Care: Medical Decisions At The Beginning Of Life, Jonathan H. Margolies
Special Care: Medical Decisions At The Beginning Of Life, Jonathan H. Margolies
Michigan Law Review
A Review of Special Care: Medical Decisions at the Beginning of Life by Fred M. Frohock
Selective Nontreatment Of Handicapped Newborns, Michigan Law Review
Selective Nontreatment Of Handicapped Newborns, Michigan Law Review
Michigan Law Review
A Review of Selective Nontreatment of Handicapped Newborns by Robert Weir
Of Foxes And Hen Houses: Licensing And The Health Professions, Michigan Law Review
Of Foxes And Hen Houses: Licensing And The Health Professions, Michigan Law Review
Michigan Law Review
A Review of Of Foxes and Hen Houses: Licensing and the Health Professions by Stanley J. Gross
The Hardest Drug: Heroin And Public Policy, Michigan Law Review
The Hardest Drug: Heroin And Public Policy, Michigan Law Review
Michigan Law Review
A Review of The Hardest Drug: Heroin and Public Policy by John Kaplan
The Theory And Practice Of Civil Commitment, Andrew Scull
The Theory And Practice Of Civil Commitment, Andrew Scull
Michigan Law Review
A Review of The Court of Last Resort: Mental Illness and the Law by Carol A.B. Warren, contributions by Stephen J. Morse and Jack Zusman
Making Health Care Decisions: A Report On The Ethical And Legal Implications Of Informed Consent In The Patient-Practitioner Relationship, Volume 1, Michigan Law Review
Making Health Care Decisions: A Report On The Ethical And Legal Implications Of Informed Consent In The Patient-Practitioner Relationship, Volume 1, Michigan Law Review
Michigan Law Review
A Review of Making Health Care Decisions: A Report on the Ethical and Legal Implications of Informed Consent in the Patient-Practitioner Relationship, Volume 1 by the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research
Equality, "Anisonomy," And Justice: A Review Of Madness And The Criminal Law, Andrew Von Hirsch
Equality, "Anisonomy," And Justice: A Review Of Madness And The Criminal Law, Andrew Von Hirsch
Michigan Law Review
A Review of Madness and the Criminal Law by Norval Morris
The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review
The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review
Michigan Law Review
A Review of The Insanity Plea: The Uses and Abuses of the Insanity Defense by William J. Winslade and Judith Wilson Ross
Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein
Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein
Michigan Law Review
This Article attempts to compile the latest information available concerning this difficult problem. Part I reviews the scientific literature, explaining the biological basis of increased risk of occupational disease. Part II explores the efforts of various employers to incorporate this research into their personnel practices. Part III surveys the legal response to these practices. Employees may challenge medical screening on a variety of theories, most of which were not designed to deal with the problem of susceptibility to occupational disease. Not surprisingly, none of the approaches offers an entirely satisfactory response to the problem. This Article offers no clear answers. …
Who Speaks For The Child: The Problems Of Proxy Consent, Michigan Law Review
Who Speaks For The Child: The Problems Of Proxy Consent, Michigan Law Review
Michigan Law Review
A Review of Who Speaks for the Child: The Problems of Proxy Consent edited by Willard Gaylin and Ruth Macklin
Deducting The Cost Of Smoking Cessation Programs Under Internal Revenue Code Section 213, Michigan Law Review
Deducting The Cost Of Smoking Cessation Programs Under Internal Revenue Code Section 213, Michigan Law Review
Michigan Law Review
This Note argues that enrollment fees for a smoking cessation program should be classified as deductible medical expenses. Part I defends this conclusion without questioning the accepted interpretation of section 213(e). Recent medical evidence indicates that the nicotine addiction that cessation program patients seek to break is itself a disease. And even prior to the onset of more serious health consequences, sustained cigarette smoking significantly impairs the functioning of the lungs and heart. Under this analysis, enrollment fees should be deductible as expenses for the treatment of an existing disease or defect, and as "amounts paid . . . for …
Mental Health Law: Major Issues, Michigan Law Review
Mental Health Law: Major Issues, Michigan Law Review
Michigan Law Review
A Review of Mental Health Law: Major Issues by David B. Wexler
Regulating America, Regulating Sweden: A Comparative Study Of Occupational Safety And Health Policy, Michigan Law Review
Regulating America, Regulating Sweden: A Comparative Study Of Occupational Safety And Health Policy, Michigan Law Review
Michigan Law Review
A Review of Regulating America, Regulating Sweden: A Comparative Study of Occupational Safety and Health Policy by Steven Kelman