Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Research (11)
- Behavior genetics (10)
- Health insurance (10)
- Influence (9)
- Behavioral sciences (8)
-
- Environmental aspects (8)
- Human rights (8)
- Genetics (7)
- Media & Communications (7)
- Race discrimination (7)
- Usage (7)
- Constitutional law (6)
- Courts (6)
- Distributive justice (6)
- Health care policy (6)
- Justice (6)
- Marine resources conservation (6)
- Medical care (6)
- Regional planning (6)
- Cost of (5)
- Disclosure (5)
- Political aspects (5)
- Taxation (5)
- Administrative procedure (4)
- Coastal zone management (4)
- Criminal behavior (4)
- Criminal liability (4)
- Environmental policy (4)
- Equality before the law (4)
- Evaluation (4)
- Publication
- Publication Type
Articles 31 - 60 of 327
Full-Text Articles in Law
The Impact Of Tax-Exempt Status: The Supply-Side Subsidies, Richard L. Schmalbeck
The Impact Of Tax-Exempt Status: The Supply-Side Subsidies, Richard L. Schmalbeck
Law and Contemporary Problems
Schmalbeck provides some background and history of the tax rules governing health care institutions and assess the significance of the subsidies these tax rules create.
Distributional Considerations In The Overregulation Of Health Professionals, Health Facilities, And Health Plans, Christopher J. Conover
Distributional Considerations In The Overregulation Of Health Professionals, Health Facilities, And Health Plans, Christopher J. Conover
Law and Contemporary Problems
Conover addresses the equity issue in health care spending. Conover concludes that the marginal impact of health regulation is to make the US health system more, rather than less, regressive.
Overregulation Of Health Care: Musings On Disruptive Innovation Theory, Lesley H. Curtis Ph.D., Kevin A. Schulman M.D.
Overregulation Of Health Care: Musings On Disruptive Innovation Theory, Lesley H. Curtis Ph.D., Kevin A. Schulman M.D.
Law and Contemporary Problems
Disruptive innovation theory provides one lens through which to describe how regulations may stifle innovation and increase costs. Basing their discussion on this theory, Curtis and Schulman consider some of the effects that regulatory controls may have on innovation in the health sector.
The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker
The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker
Duke Journal of Comparative & International Law
No abstract provided.
Creating An ‘Undeveloped Lands Protection Act’ For Farmlands, Forests, And Natural Areas, Terence J. Centner
Creating An ‘Undeveloped Lands Protection Act’ For Farmlands, Forests, And Natural Areas, Terence J. Centner
Duke Environmental Law & Policy Forum
No abstract provided.
It’S Getting Hot In Here: The Sec’S Regulation Of Climate Change Shareholder Proposals Under The Ordinary Business Exception, Sung Ho (Danny) Choi
It’S Getting Hot In Here: The Sec’S Regulation Of Climate Change Shareholder Proposals Under The Ordinary Business Exception, Sung Ho (Danny) Choi
Duke Environmental Law & Policy Forum
No abstract provided.
World Religions And Clean Water Laws, Daryl Fisher-Ogden, Shelley Ross Saxer
World Religions And Clean Water Laws, Daryl Fisher-Ogden, Shelley Ross Saxer
Duke Environmental Law & Policy Forum
No abstract provided.
The Problems Of The Utility Analysis In Fisher And Its Associated Policy Implications And Flaws, Samantha A. Jameson
The Problems Of The Utility Analysis In Fisher And Its Associated Policy Implications And Flaws, Samantha A. Jameson
Duke Law Journal
No abstract provided.
Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld
Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld
Duke Journal of Comparative & International Law
No abstract provided.
The Application Of The International Law Of State Succession To The United States: A Reassessment Of The Treaty Between The Republic Of Texas And The Cherokee Indians, Jason C. Nelson
Duke Journal of Comparative & International Law
No abstract provided.
The New Global Financial Landscape: Why Egregious International Corporate Fraud Should Be Cognizable Under The Alien Tort Claims Act, Joel Slawotsky
The New Global Financial Landscape: Why Egregious International Corporate Fraud Should Be Cognizable Under The Alien Tort Claims Act, Joel Slawotsky
Duke Journal of Comparative & International Law
No abstract provided.
A Regional Approach To Whaling: How The North Atlantic Marine Mammal Commission Is Shifting The Tides For Whale Management, Brettny Hardy
A Regional Approach To Whaling: How The North Atlantic Marine Mammal Commission Is Shifting The Tides For Whale Management, Brettny Hardy
Duke Journal of Comparative & International Law
No abstract provided.
Exploring Machu Picchu: An Analysis Of The Legal And Ethical Issues Surrounding The Repatriation Of Cultural Property, Molly L. Mcintosh
Exploring Machu Picchu: An Analysis Of The Legal And Ethical Issues Surrounding The Repatriation Of Cultural Property, Molly L. Mcintosh
Duke Journal of Comparative & International Law
No abstract provided.
The Humanitarian Monarchy Legislates: The International Committee Of The Red Cross And Its 161 Of Customary International Humanitarian Law, Leah M. Nicholls
The Humanitarian Monarchy Legislates: The International Committee Of The Red Cross And Its 161 Of Customary International Humanitarian Law, Leah M. Nicholls
Duke Journal of Comparative & International Law
No abstract provided.
Criminal Justice Collapse: The Constitution After Hurricane Katrina, Brandon L. Garrett, Tania Tetlow
Criminal Justice Collapse: The Constitution After Hurricane Katrina, Brandon L. Garrett, Tania Tetlow
Duke Law Journal
The New Orleans criminal justice system collapsed after Hurricane Katrina, resulting in a constitutional crisis. Eight thousand people, mostly indigent and charged with misdemeanors such as public drunkenness or failure to pay traffic tickets, languished indefinitely in state prisons. The court system shut its doors, the police department fell into disarray, few prosecutors remained, and a handful of public defenders could not meet with, much less represent, the thousands detained. This dire situation persisted for many months, long after the system should have been able to recover. We present a narrative of the collapse of the New Orleans area criminal …
The Virtue Of Vagueness: A Defense Of South Dakota V. Dole, Reeve T. Bull
The Virtue Of Vagueness: A Defense Of South Dakota V. Dole, Reeve T. Bull
Duke Law Journal
No abstract provided.
Of Head Taxes, Income Taxes, And Distributive Justice In American Health Care, Lawrence Zelenak
Of Head Taxes, Income Taxes, And Distributive Justice In American Health Care, Lawrence Zelenak
Law and Contemporary Problems
Havighurst and Richman have made an important contribution by uncovering ways in which the current system of health care financing, including the income-tax treatment of employer-provided health insurance, has disturbing distributional effects.
Post-Disaster Tax Legislation: A Series Of Unfortunate Events, Ellen P. Aprill, Richard Schmalbeck
Post-Disaster Tax Legislation: A Series Of Unfortunate Events, Ellen P. Aprill, Richard Schmalbeck
Duke Law Journal
When a disaster strikes the United States, Congress typically feels heavy pressure to enact legislation, including tax legislation, to provide relief. This Article discusses features of two tax legislative initiatives, which responded to two quite different disasters: first, the response to the devastation of the fall 2005 hurricane season and, then, the response to the earlier terrorist attacks on the World Trade Center and Pentagon of September 11, 2001. The Article first raises the possibility that some of the provisions of these acts may be vulnerable to indirect constitutional challenge under the Uniformity Clause. In examining some of the problems …
Distributive Injustice(S) In American Health Care, Clark C. Havighurst, Barak D. Richman
Distributive Injustice(S) In American Health Care, Clark C. Havighurst, Barak D. Richman
Law and Contemporary Problems
Havighurst and Richman seek to show the nature--and to suggest the cumulative attitude--of the many regressive tendencies of the financing, regulatory and legal regime governing the private side of US health care.
Paying For What You Get And Getting What You Pay For: Legal Responses To Consumer-Driven Health Care, Mark A. Hall
Paying For What You Get And Getting What You Pay For: Legal Responses To Consumer-Driven Health Care, Mark A. Hall
Law and Contemporary Problems
No abstract provided.
Distributive Justice In Pharmaceutical Torts: Justice Where Justice Is Due?, Chen-Sen Wu M.D., J.D.
Distributive Justice In Pharmaceutical Torts: Justice Where Justice Is Due?, Chen-Sen Wu M.D., J.D.
Law and Contemporary Problems
Chen-Sen Wu concludes that, until empirical evidence clarifies the net distributive impact of pharmaceutical torts, the capacity for tort reform to rectify distributive injustices in health care will remain far from obvious.
The Political Economy Of Unfairness In U.S. Health Policy, Jonathan Oberlander
The Political Economy Of Unfairness In U.S. Health Policy, Jonathan Oberlander
Law and Contemporary Problems
Oberlander discusses the political economy of unfairness in US health policy by first highlighting the moral issues raised by the US's system of financing medical care and then by analyzing the political dynamics that sustain that system.
Measuring Distributive Injustice On A Different Scale, Tom Miller
Measuring Distributive Injustice On A Different Scale, Tom Miller
Law and Contemporary Problems
Miller highlights the importance of education as a powerful contributor to significant differences in health outcomes. Enhancing educational opportunities for lower-income Americans may help to ensure that only no child, but also no patient, is left behind.
Horizontal Political Externalities: The Supply And Demand Of Disaster Management, Ben Depoorter
Horizontal Political Externalities: The Supply And Demand Of Disaster Management, Ben Depoorter
Duke Law Journal
This Article discusses the dynamics of shared political accountability and provides a supply- and demand-side analysis of disaster management. Because multiple levels of government share political accountability in national scale disasters, disaster management is subject to a collective action problem. Introducing the concept of horizontal political externalities, this Article explains the shortcomings of disaster management in terms of asymmetric political accountability costs for ex ante preparedness and ex post relief. In the presence of shared accountability, investments in prevention and relief by one government actor confer positive externalities upon other government actors by reducing the overall chance of being held …
Understanding And Protecting Natural Resources, Allan Kanner, Mary E. Ziegler
Understanding And Protecting Natural Resources, Allan Kanner, Mary E. Ziegler
Duke Environmental Law & Policy Forum
No abstract provided.
State Executive Lawmaking In Crisis, Jim Rossi
State Executive Lawmaking In Crisis, Jim Rossi
Duke Law Journal
Courts and scholars have largely overlooked the constitutional source and scope of a state executive's powers to avert and respond to crises. This Article addresses how actual and perceived legal barriers to executive authority under state constitutions can have major consequences beyond a state's borders during times of crisis. It proposes to empower state executives to address federal and regional goals without any previous authorization from the state legislature-a presumption of state executive lawmaking, subject to state legislative override, which would give a state or local executive expansive lawmaking authority within its system of government to address national and regional …
Foreword: Health Policy’S Fourth Dimension, Clark C. Havighurst, Barak Richman
Foreword: Health Policy’S Fourth Dimension, Clark C. Havighurst, Barak Richman
Law and Contemporary Problems
No abstract provided.