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Full-Text Articles in Law

Human Pipeline To The Continental United States: Puerto Rico’S Trafficking Of A Vulnerable Population As A Violation Of The Right To Health (2019), Sarah Dávila-Ruhaak Nov 2019

Human Pipeline To The Continental United States: Puerto Rico’S Trafficking Of A Vulnerable Population As A Violation Of The Right To Health (2019), Sarah Dávila-Ruhaak

Sarah Dávila-Ruhaak

No abstract provided.


Strike Down Obamacare, Says Justice Department, Saikrishna B. Prakash, Neal Devins Oct 2019

Strike Down Obamacare, Says Justice Department, Saikrishna B. Prakash, Neal Devins

Neal E. Devins

No abstract provided.


The Anti-Competitive Potential Of Cross-Market Mergers In Health Care, Jaime S. King, Erin C. Fuse Brown Sep 2019

The Anti-Competitive Potential Of Cross-Market Mergers In Health Care, Jaime S. King, Erin C. Fuse Brown

Erin C. Fuse Brown

Health care consolidation in the United States has been widespread at all levels and across all entities. This consolidation has extended beyond horizontal mergers of hospitals or other providers to include out-of-market mergers, or cross-market mergers. Cross-market mergers include the merger or acquisition of any health care entity that does not directly compete with the acquiring entity in the same product or geographic market. Antitrust enforcers have historically had little in the way of market theory, economic models, or empirical data to inform their analyses on the potential impacts of cross-market mergers on competition. However, recent developments in economic theory …


Mental Illness And Danger To Self, Cynthia V. Ward Sep 2019

Mental Illness And Danger To Self, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.


Brief Of Thirteen Law Professors As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald Sep 2019

Brief Of Thirteen Law Professors As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald

Nathan B. Oman

No abstract provided.


Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald Sep 2019

Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald

Nathan B. Oman

No abstract provided.


Office Hours: How Healthy Is Health Law?, Jeffrey Bellin, Michaela Lieberman, Stacy E. Kern-Scheerer Sep 2019

Office Hours: How Healthy Is Health Law?, Jeffrey Bellin, Michaela Lieberman, Stacy E. Kern-Scheerer

Stacy Kern-Scheerer

February 13, 2018: Today’s guest is William & Mary Law School Professor Stacy Kern-Scheerer who talks about her experience drafting legislation like the Affordable Care Act, and the status of Obamacare after the repeal of the individual mandate. We also discuss pressing topics like how many legs does a stool need to remain standing.


The Cosmetic/Drug Dilemma: Fda Regulation Of Alpha-Hydroxy Acids, Laura A. Heymann Sep 2019

The Cosmetic/Drug Dilemma: Fda Regulation Of Alpha-Hydroxy Acids, Laura A. Heymann

Laura A. Heymann

No abstract provided.


Why Congress Did Not Think About The Constitution When Enacting The Affordable Care Act, Neal Devins Sep 2019

Why Congress Did Not Think About The Constitution When Enacting The Affordable Care Act, Neal Devins

Neal E. Devins

No abstract provided.


How Planned Parenthood V. Casey (Pretty Much) Settled The Abortion Wars, Neal Devins Sep 2019

How Planned Parenthood V. Casey (Pretty Much) Settled The Abortion Wars, Neal Devins

Neal E. Devins

More than twenty-one years after Robert Bork's failed Supreme Court nomination and seventeen years after Planned Parenthood of Southeastern Pennsylvania v. Casey, the rhetoric of abortion politics remains unchanged. Pro-choice interests, for example, argue that states are poised to outlaw abortion and that Roe v. Wade is vulnerable to overruling. In this Essay, I will debunk those claims. First, I will explain how Casey's approval of limited abortion rights reflected an emerging national consensus in 1992. Second, I will explain why the Supreme Court is unlikely to risk political backlash by formally modifying Casey- either by restoring the trimester test …


Ultramax Testo Enhancer An Overview Of Natural Testosterone Boosters & Where To Buy In Usa!, Ultramax Testo Enhancer Sep 2019

Ultramax Testo Enhancer An Overview Of Natural Testosterone Boosters & Where To Buy In Usa!, Ultramax Testo Enhancer

Ultramax Testo Enhancer

Testosterone makes men what they are, which may be a fact that has been noticed by countless individuals. If a person's testosterone concentrations are too low then what subsequent changes will manifest themselves, if it does of course make them what they're? Ultramax Testo Enhancer document will start off with a review of the most vital warning signs related to lessened testosterone concentrations, and then take into account the key reasons why it's while not a doubt additional desirable to select products primarily based on natural ingredients vs ones based totally on artificial chemicals. Finally, exactly what to appear for …


The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer Sep 2019

The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer

James G. Dwyer

The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …


Informed Consent For Neonatal Circumcision: An Ethical And Legal Conundrum, J. Steven Svoboda, Robert S. Van Howe, James G. Dwyer Sep 2019

Informed Consent For Neonatal Circumcision: An Ethical And Legal Conundrum, J. Steven Svoboda, Robert S. Van Howe, James G. Dwyer

James G. Dwyer

No abstract provided.


Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades Sep 2019

Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades

Eric A. Kades

No abstract provided.


Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton Sep 2019

Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres Sep 2019

Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres

Susan Ayres

It is impossible to know the number of infants killed or illegally abandoned at birth. No official reporting requirements exist, but conservative estimates claim that in the United States, 150-300 infants are killed within twenty-four hours of life and that over 100 infants are illegally abandoned. Beginning in 1999, in an effort to stem the problem of neonaticide and illegal abandonment, states began enacting laws to legalize abandonment. By 2008, all fifty states had enacted safe haven laws, which allow parents to anonymously abandon newborns by delivering them to designated providers, such as hospitals. This article provides a practical and …


Constitutional Dilemmas: Health-Care Reform Legislation, Allison Orr Larsen Sep 2019

Constitutional Dilemmas: Health-Care Reform Legislation, Allison Orr Larsen

Allison Orr Larsen

No abstract provided.


Keto Trim Comentarios (Dónde Comprar) ("Planes De Dieta") Píldoras Y Reseñas De Pérdida De Peso! Lee Mas, Keto Trim Sep 2019

Keto Trim Comentarios (Dónde Comprar) ("Planes De Dieta") Píldoras Y Reseñas De Pérdida De Peso! Lee Mas, Keto Trim

Keto Trim

Keto Trim Revision -  ¿Alguna vez has notado la pérdida de peso antes? Esta es seguramente una conclusión duradera para usar con la Pérdida de peso con el fin de que lo haya revisado desde un ángulo ligeramente diferente anteriormente. Siento que quizás tengas que descubrir un equilibrio. Además de esto, eso no fue intenso. Al principio se me ocurrieron muchos cálculos cuestionables. Keto Trim La pérdida de peso es una buena amiga mía. ¡La pérdida de peso es desconcertante! No pase por alto los conceptos prácticos relacionados con la pérdida de peso. 

Podrías considerar que soy un viejo duro, …


Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley Aug 2019

Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley

Richard M. Buxbaum

This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.

In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their shareholders holding “a …


Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley Aug 2019

Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley

Robert Bartlett

This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.

In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their shareholders holding “a …


Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle Aug 2019

Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle

Jill Engle

No abstract provided.


End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright Aug 2019

End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright

Megan Wright

Autonomy is a central principle in many areas of health law. In the case of end-of-life decision-making law and policy, however, the principle of autonomy requires revision. On the whole, law conceptualizes autonomy at the end of life as an individual making private, personal decisions based solely on their interests and values, and independent of others. But ordinary people understand autonomous decisionmaking at the end of life differently, in a way that acknowledges the importance of their interpersonal relationships. Social science research has documented that strengthening relationships with others, sharing responsibility in the decision-making process with healthcare providers, and taking …


Honoring Our Silent Neighbors To The South: The Problem Of Abandoned Or Forgotten Asylum Cemeteries, Louise Harmon Jul 2019

Honoring Our Silent Neighbors To The South: The Problem Of Abandoned Or Forgotten Asylum Cemeteries, Louise Harmon

Louise Harmon

No abstract provided.


Privacy Rights And Public Families, Khiara Bridges Jul 2019

Privacy Rights And Public Families, Khiara Bridges

Khiara M Bridges

This Article is based on eighteen months of anthropological fieldwork conducted among poor, pregnant women receiving prenatal care provided by the Prenatal Care Assistance Program (“PCAP”) at a large public hospital in New York City. The Prenatal Care Assistance Program (“PCAP”) is a special program within the New York State Medicaid program that provides comprehensive prenatal care services to otherwise uninsured or underinsured women. This Article attempts to accomplish two goals. The first goal is to argue that PCAP’s compelled consultations – with social workers, health educators, nutritionists, and financial officers – function as a gross and substantial intrusion by …


Analysis Of People Of The State Of New York, Buffalo Gyn Womenservices, Planned Parenthood Of Rochester/Syracuse Region, Et. Al. V. Operation Rescue National, Et. Al., Lucinda Finley Jul 2019

Analysis Of People Of The State Of New York, Buffalo Gyn Womenservices, Planned Parenthood Of Rochester/Syracuse Region, Et. Al. V. Operation Rescue National, Et. Al., Lucinda Finley

Lucinda M. Finley

No abstract provided.


When Caring Is Work: Home, Health, And The Invisible Workforce: Introduction, Dianne Avery, Martha T. Mccluskey Jul 2019

When Caring Is Work: Home, Health, And The Invisible Workforce: Introduction, Dianne Avery, Martha T. Mccluskey

Dianne Avery

This essay introduces the SUNY Buffalo Law School 2012 James McCormick Mitchell Lecture. The Lecture featured distinguished scholars Hendrik Hartog, Jennifer Klein, and Peggie R. Smith, who each contributed an essay to this volume. These three scholars give a richly detailed picture of home caretakers' struggles to gain visibility and support for their important work. Legal rulings and policy choices have made care workers distinctly vulnerable, treating care services as an expression of love rather than contract (as Hartog describes), or as social rehabilitation for marginal citizens rather than as skilled health care provision (as Klein explains), or as informal …


How Much Of Health Care Antitrust Is Really Antitrust?, Spencer Weber Waller Jul 2019

How Much Of Health Care Antitrust Is Really Antitrust?, Spencer Weber Waller

Spencer Weber Waller

No abstract provided.


Foreword, Daniel Marino, Lawrence Singer, Megan Bess, John Blum Jun 2019

Foreword, Daniel Marino, Lawrence Singer, Megan Bess, John Blum

Megan Bess

No abstract provided.


Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum Jun 2019

Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum

Megan Bess

No abstract provided.


Foreword, Christopher Carlson, Daniel Marino, Lawrence Singer, Megan Bess, John Blum Jun 2019

Foreword, Christopher Carlson, Daniel Marino, Lawrence Singer, Megan Bess, John Blum

Megan Bess

No abstract provided.