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Full-Text Articles in Law
Mid-Atlantic Ethics Committee Newsletter, Fall 2006-Winter 2007
Mid-Atlantic Ethics Committee Newsletter, Fall 2006-Winter 2007
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Summer 2006
Mid-Atlantic Ethics Committee Newsletter, Summer 2006
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
After Autonomy, Carl E. Schneider
After Autonomy, Carl E. Schneider
Articles
Bioethicists today are like Bolsheviks on the death of Lenin. They have, rather to their surprise, won the day. Their principle of autonomy is dogma. Their era of charismatic leadership is over. Their work of Weberian rationalization, of institutionalizing principle and party, has begun. The liturgy is reverently recited, but the vitality of Lenin's "What Is To Be Done?" has yielded to the vacuity of Stalin's "The Foundations of Leninism." Effort once lavished on expounding ideology is now devoted to establishing associations, organizing degree programs, installing bioethicist commissars in every hospital, and staffing IRB soviets. Not-so-secret police prowl the libraries …
How I Learned To Stop Worrying And Love The Gats: An Examination Of The Impact Of The General Agreement On Trade In Services On The Canadian Health-Care System, Brian N. Zeiler-Kligman
How I Learned To Stop Worrying And Love The Gats: An Examination Of The Impact Of The General Agreement On Trade In Services On The Canadian Health-Care System, Brian N. Zeiler-Kligman
Dalhousie Law Journal
There is perhaps no more cherished Canadian institution than our universal health-care system, Medicare. Despite Canadians' fondness for Medicare, there are often allegations that various external elements threaten Medicare's viability. One of these oft-cited elements is the General Agreement on Trade in Services (GATS), which some have claimed will force the privatization of all public services. The truth in such claims is tested by examining the effect the GATS is likely to have on the Canadian health-care system. The examination includes an interpretation of GATS Article 1.3 through a textual analysis. GATS' impact on this system is explored on three …
Enhancing Access To Health Care And Eliminating Racial And Ethnic Disparities In Health Status: A Compelling Case For Health Professions Schools To Implement Race-Conscious Admissions Policies, Thomas E. Perez
Faculty Scholarship
No abstract provided.
Enhancing Access To Health Care And Eliminating Racial And Ethnic Disparities In Health Status: A Compelling Case For Health Professions Schools To Implement Race-Conscious Admissions Policies, Thomas E. Perez
Journal of Health Care Law and Policy
No abstract provided.
Closing The Health Care Disparities Gap: Turning Evidence Into Action, Carolyn M. Clancy
Closing The Health Care Disparities Gap: Turning Evidence Into Action, Carolyn M. Clancy
Journal of Health Care Law and Policy
No abstract provided.
An Advocate's Response To Professor Sage, Toby S. Edelman
An Advocate's Response To Professor Sage, Toby S. Edelman
Journal of Health Care Law and Policy
No abstract provided.
Introduction, Elijah E. Cummings
Introduction, Elijah E. Cummings
Journal of Health Care Law and Policy
No abstract provided.
Common Ground: Exploring Policy Approaches To Addressing Racial Disparities From The Left And The Right, M. C. Gibbons
Common Ground: Exploring Policy Approaches To Addressing Racial Disparities From The Left And The Right, M. C. Gibbons
Journal of Health Care Law and Policy
No abstract provided.
"But I'M An Adult Now … Sort Of" Adolescent Consent In Health Care Decision-Making And The Adolescent Brain, Paul Arshagouni
"But I'M An Adult Now … Sort Of" Adolescent Consent In Health Care Decision-Making And The Adolescent Brain, Paul Arshagouni
Journal of Health Care Law and Policy
No abstract provided.
Antitrust & Hospital Mergers: Does The Nonprofit Form Affect Competitive Substance?, Thomas L. Greaney
Antitrust & Hospital Mergers: Does The Nonprofit Form Affect Competitive Substance?, Thomas L. Greaney
All Faculty Scholarship
Following a string of government losses in cases challenging hospital mergers in federal court, the Federal Trade Commission and the Department of Justice issued their report on competition in health care seeking to set the record straight on a number of issues that underlie the judiciary's resolution of these cases. One such issue is the import of nonprofit status for applying antitrust law. This essay describes antitrust's role in addressing the consolidation in the hospital sector and the subtle influence that the social function of the nonprofit hospital has had in merger litigation. Noting that the political and social context …
Hipaa-Cracy, Carl E. Schneider
Hipaa-Cracy, Carl E. Schneider
Articles
The Department of Health and Human Services has recently been exercising its authority under the (wittily named) "administrative simplification" part of the Health Insurance Portability and Accountability Act to regulate the confidentiality of medical records. I love the goal; I loathe the means. The benefits are obscure; the costs are onerous. Putatively, the regulations protect my autonomy; practically, they ensnarl me in red tape and hijack my money for services I dislike. HIPAA (a misnomer-HIPAA is the statute, not the regulations) is too lengthy, labile, complex, confused, unfinished, and unclear to be summarized intelligibly or reliably. (Brevis esse laboro, …
The New "Fetal Protection": The Wrong Answer To The Crisis Of Inadequate Health Care For Women And Children, Linda C. Fentiman
The New "Fetal Protection": The Wrong Answer To The Crisis Of Inadequate Health Care For Women And Children, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This article will expand upon the feminist critique by focusing on children's health as well as the health and liberty interests of their mothers. In the first part of this article, I examine the legal and cultural underpinnings of “fetal protection” and explore its current manifestations. In the second part, I place “fetal protection” in a broader context, documenting the ways in which American law currently promotes fetal life, while simultaneously neglecting the lives and health of born children. The third part of the article offers concrete recommendations about how government, both state and federal, can actually achieve the goal …
Dependency By Law: Poverty, Identity, And Welfare Privatization, Frank W. Munger
Dependency By Law: Poverty, Identity, And Welfare Privatization, Frank W. Munger
Articles & Chapters
Privatization of welfare reflects the political pressure to limit public responsibility for protection of social citizenship. Recent welfare reforms incorporate three classic market-like privatization mechanisms--contracting out services forcing allocation of a limited pool of benefits, and deregulation. Deregulation entails strategic diversion and disqualification of large numbers of would-be applicants who are left without alternatives to the labor market. In this article I discuss an empirical study of the effects of deregulation of welfare on the self-perceptions of recipients. Interviews with recipients and with low-wage health care workers, former recipients, show that, criticisms of welfare notwithstanding, they have embraced welfare reforms …