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Full-Text Articles in Law
Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler
Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler
Michigan Law Review
When Congress passed the Americans with Disabilities Act ("ADA") on July 26, 1990, supporters heralded the Act as a full-scale victory for the 43 million disabled Americans. The Act's protections went far beyond those of its predecessor, the Rehabilitation Act of 1974, which only prohibited discrimination against individuals with disabilities by entities receiving federal funding. The new act was intended to prevent discrimination by private and public employers, public services, and public accommodations. In a bill signing ceremony at the White House, in front of more than two thousand advocates for the disabled, then President George Bush likened the ADA …
Questioning Traditional Antitrust Presumptions: Price And Non-Price Competition In Hospital Markets, Peter J. Hammer
Questioning Traditional Antitrust Presumptions: Price And Non-Price Competition In Hospital Markets, Peter J. Hammer
University of Michigan Journal of Law Reform
Hospital mergers challenge basic assumptions about the effects of market power in the health care industry. Antitrust courts have struggled with claims that hospital mergers may in fact reduce costs and lower prices. This Article assesses the validity of these economic claims in the context of an industry that has undergone radical transformations in recent years. The Article also explores how such arguments should be treated as a matter of antitrust doctrine in an area of the law that relies heavily on market share presumptions and rule-based decision making. The Article contends that courts should employ a total welfare standard …