Law Commons^™

Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.

Protecting Workers From Genetic Discrimination, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.

The Potential For Discrimination In Health Insurance Based On Predictive Genetic Tests, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.

Advances In Genetic Research And Technologies: Challenges For Public Policy, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.

Interview With Jason Grumet By Brien Williams, Jason S. Grumet

George J. Mitchell Oral History Project

Biographical Note
Jason S. Grumet was born February 25, 1967, in Rochester, New York, to Gerald and Madeleine Grumet. After high school, he spent a year traveling North America through a program with the National Audubon Society Expedition Institute. He received an environmental studies degree from Brown University and then worked for the New York State Department of Environmental Conservation. He attended Harvard Law School and ran an organization that worked for the Northeast State Air Pollution Control officials. At the time of this interview, he was president of the Bipartisan Policy Center.

Summary
Interview includes discussion of: Mitchell and …

Risky Ventures: The Impact Of Irs Health Care Joint Venture Policy, Roger P. Meyers

University of Michigan Journal of Law Reform

IRS oversight of joint ventures between exempt and for-profit organizations has undergone substantial change over the past thirty years. This change has important consequences for the health care industry, where joint ventures have grown increasingly common. In the face of unclear guidance and aggressive enforcement of exemption-policing tools such as the private benefit doctrine and the control test, a hospital risks revocation of its tax-exempt status, or liability for unrelated business income tax, when it engages in a joint venture directly. It may be able to eliminate this risk by operating the same joint venture through a for-profit subsidiary; however, …

Interview With Bob Rozen (2) By Diane Dewhirst, Robert 'Bob' M. Rozen

George J. Mitchell Oral History Project

Biographical Note
Robert Martin “Bob” Rozen was born on December 11, 1955, in Richmond, Kentucky, to Morris and Rosalyn (Eilenberg) Rozen. He majored in Soviet studies at Miami University (Ohio), graduating in 1977; he earned his law degree at George Washington University. He interned for Senator Wendell Ford as a legislative assistant for the Senate Finance Committee and then continued to work for him after law school. He also earned a master’s in tax law from Georgetown University. He worked on Senator Mitchell’s staff addressing tax, trade, and financial service issues.

Summary
Interview includes discussion: capital gains; Mitchell’s work to …

November 8, 2009: The Role Of Religion In Building Coalitions Over Healthcare, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Role of Religion in Building Coalitions Over Healthcare“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Interview With David Durenberger By Brien Williams, David F. Durenberger

George J. Mitchell Oral History Project

Biographical Note
David F. Durenberger was born August 19, 1934, in St. Cloud, Minnesota. He attended St. John’s University and the University of Minnesota Law School, graduating in 1959. Beginning in 1966, he was chief of staff to Minnesota Governor Harold LeVander. In 1978, he won a special election to finish the unexpired term of Senator Hubert Humphrey, was reelected twice, and held the seat until 1995. He served as chairman on the Select Committee on Intelligence, was vice chair of the Pepper Commission, and had a special interest in issues involving health care. At the time of this interview, …

Interview With Bob Rozen (1) By Diane Dewhirst, Robert 'Bob' M. Rozen

George J. Mitchell Oral History Project

Biographical Note
Robert Martin “Bob” Rozen was born on December 11, 1955, in Richmond, Kentucky, to Morris and Rosalyn (Eilenberg) Rozen. He majored in Soviet studies at Miami University (Ohio), graduating in 1977; he earned his law degree at George Washington University. He interned for Senator Wendell Ford as a legislative assistant for the Senate Finance Committee and then continued to work for him after law school. He also earned a master’s in tax law from Georgetown University. He worked on Senator Mitchell’s staff addressing tax, trade, and financial service issues.

Summary
Interview includes discussion of: Rozen’s working for Wendell …

Mid-Atlantic Ethics Committee Newsletter, Fall 2009

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

In Search Of An Enforceabe Medical Malpractice Exculpatory Agreement: Introducing Confidential Contracts As A Solution To The Doctor-Patient Relationship Problem, Matthew J.B. Lawrence

Faculty Scholarly Works

Scholars have argued that the malpractice system would be better off if patients had the option of waiving the right to sue for malpractice in exchange for a lower fee. Some doctors have tried to follow this advice by having their patients sign medical malpractice exculpatory agreements, but courts usually have refused to enforce these agreements, invoking a void-for-public-policy rationale. This Note argues that a doctor could maximize the odds that a court would enforce her medical malpractice exculpatory agreement by somehow ensuring that she will never find out whether her patient decided to sign. A case study of the …

Interview With Bob Dole By Brien Williams, Robert 'Bob' J. Dole

George J. Mitchell Oral History Project

Biographical Note
Robert J. “Bob” Dole was born July 22, 1923, in Russell, Kansas, and attended the University of Kansas. He served with distinction in World War II, and after the war earned his law degree at Washburn School of Law. He was elected as a Republican to the U.S. House of Representatives in 1961, serving until 1969, when he ran for the U.S. Senate. He won and held that seat until 1996, when he became the Republican Party’s 1996 presidential nominee. He was on the Finance Committee and was minority leader when George Mitchell was majority leader; in 1994 …

Interview With Jeff Bingaman By Brien Williams, Jesse 'Jeff' F. Bingaman

George J. Mitchell Oral History Project

Biographical Note
Jeff Bingaman grew up in Silver City, New Mexico. He was graduated from Harvard University and received his law degree from Stanford University. In 1978, he was elected New Mexico attorney general. In 1982, he was elected to the U.S. Senate and has served five terms to date. He has served on the Energy and Natural Resources Committee, the Finance Committee, the Health, Education, Labor and Pensions Committee, and the Joint Economic Committee.

Summary
Interview includes discussion of: how Mitchell positioned himself for the majority leader position; Mitchell’s leadership style; comparison of Mitchell to other majority and minority …

Interview With David Nexon By Brien Williams, David H. Nexon

George J. Mitchell Oral History Project

Biographical Note
David H. Nexon was born in Chicago, Illinois, on April 10, 1945. He received his bachelor’s degree from Harvard University and a Ph.D. in political science from the University of Chicago. From 1988 to 1983, he was senior budget examiner in the Health Branch of the Office of Management and Budget, where he was responsible for the Health Care Financing Administration. From 1983 to 2005, he served as the Democratic health policy staff director for the Senate’s Health, Education, Labor and Pensions Committee and as the senior health policy advisor to Senator Edward M. Kennedy. At the time …

September 4, 2009: Blurring Of Church And State On Healthcare, Bruce Ledewitz

Hallowed Secularism

Blog post, “Blurring of Church and State on Healthcare“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 29, 2009: Declare Healthcare Victory And Go Home?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Declare Healthcare Victory and Go Home?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Integration, Litigation, And Transformation: Using Medicaid To Address Racial Inequities In Health Care, Ruqaiijah A. Yearby

Ruqaiijah A Yearby

Using nursing home care as an example, this article applies a public health policy perspective to the problem. I use empirical data to prove the persistence of racial inequities in health care, analyze the government policies that allow racial inequities to continue, and provide a solution of regulatory integration. Specifically, I propose that civil rights enforcement be integrated with the nursing home enforcement system, which has been aggressively enforced and monitored. There are many strategies that may lead to the adoption of this system. One such strategy is using the Medicaid Act to induce the government to fulfill its non-race …

August 19, 2009: What The Healthcare Debate Says About America, Bruce Ledewitz

Hallowed Secularism

Blog post, “What the Healthcare Debate Says About America“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 8, 2009: End Of Life Counseling, Bruce Ledewitz

Hallowed Secularism

Blog post, “End of Life Counseling“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Reproductive Rights In The Legal Academy: A New Role For Transnational Law, Martha F. Davis, Bethany Withers

Journal of Legal Education

No abstract provided.

Interview With Bill Bradley By Brien Williams, William 'Bill' W. Bradley

George J. Mitchell Oral History Project

Biographical Note
William Warren “Bill” Bradley was born July 28, 1943, in Crystal City, a suburb of St. Louis, Missouri. His parents were Warren and Susan Bradley, a banker and a teacher respectively. He excelled academically and athletically, as a basketball player, through high school. He entered Princeton in 1961, and in 1964 he was a member of the gold-medal Olympic basketball team before going on to be named the 1965 NCAA Player of the Year during his senior year. He won a Rhodes Scholarship to study at Oxford for two years. Upon returning to the U.S., he played professional …

Eligibility For Organ Donation: A Medico-Legal Perspective On Defining And Determining Death, Jocelyn Downie, Matthew R. Kutcher, Chantelle Rajotte, Alison Shea

Articles, Book Chapters, & Popular Press

Purpose: In the context of post-mortem organ donation, there is an obvious need for certainty regarding the legal definition and determination of death, as individuals must be legally pronounced dead before organs may be procured for donation. Surprisingly then, the legal situation in Canada with regard to the definition and determination of death is uncertain. The purpose of this review is to provide anesthesiologists and critical care specialists with a medico-legal perspective regarding the definition and determination of death (particularly as it relates to non-heart-beating donor protocols) and to contribute to ongoing improvement in policies, protocols, and practices in this …

Interview With Bob Packwood By Brien Williams, Robert 'Bob' W. Packwood

George J. Mitchell Oral History Project

Biographical Note
Robert W. “Bob” Packwood was born on September 11, 1932, in Portland, Oregon. He attended Willamette University, graduating in 1954, and the New York University School of Law, subsequently returning to Oregon to practice law. From 1963 to 1968, he was a member of the Oregon legislature, and in 1968 he won election to the U.S. Senate, serving five terms as a Republican. He chaired the Senate Finance Committee from 1985 to 1987 and was active in passing the Tax Reform Acts of 1986 and 1995. He resigned from his Senate seat in 1995. Later he founded Sunrise …

Interview With Harris Wofford By Brien Williams, Harris L. Wofford

George J. Mitchell Oral History Project

Biographical Note
Harris Llewellyn Wofford was born April 9, 1926, in New York City. He attended the University of Chicago and both Yale and Howard University Law Schools. During World War II he served in the Air Force. From 1954 to 1958 he served as an attorney for the Commission on Civil Rights, then in 1959 began teaching law at Notre Dame. He was an unofficial advisor to Martin Luther King, Jr. and an advisor to John F. Kennedy’s 1960 presidential campaign. He became Kennedy’s special assistant on civil rights and helped form the Peace Corps, serving as the Peace …

Interview With Bob Kerrey By Brien Williams, Joseph 'Bob' Robert Kerrey

George J. Mitchell Oral History Project

Biographical Note
Joseph Robert “Bob” Kerrey was born August 27, 1943, in Lincoln, Nebraska. He was graduated from Lincoln Northeast High School and entered the University of Nebraska – Lincoln, where he earned a degree in pharmacy in 1966. He served in the U.S. Navy after graduation until 1969 and was wounded in combat in Vietnam, receiving the Medal of Honor and the Bronze Star. He returned to Nebraska, and in 1982 he was elected governor. He was elected to the U.S. Senate in 1988 and was reelected for a second term in 1994. He ran in the Democratic presidential …

Creating A Paternalistic Market For Legal Rules Affecting The Benefit Promise, Brendan S. Maher

Faculty Scholarship

Notwithstanding the fact that ERISA was enacted to protect employee benefits, courts have narrowly construed the relief available when benefits are denied, out of concern that a stronger remedy would be too costly for the system to bear. Judges, I argue, are ill-equipped to make this policy judgment. Instead, a regulated, subsidized, paternalistic market should be created to permit the benefit players themselves to choose and price the strength of the remedy they desire. This is a superior means to reach the right level of remedial strength for the most players. To protect against undesirably weak remedial options being selected, …

Interview With Chris Jennings By Diane Dewhirst, Christopher 'Chris' C. Jennings

George J. Mitchell Oral History Project

Biographical Note
Christopher Charles Jennings was born in Athens, Ohio, to Lucille and Eugene Jennings, both musicians. He grew up in Ohio and attended Miami University (Ohio). After graduating, he received a fellowship to work for Senator John Glenn in Washington, D.C. and later worked for Senators Melcher and Pryor. He worked on the Senate Aging Committee and became director by 1992. He also worked on the U.S. Bipartisan Commission on Comprehensive Health Care (the Pepper Commission). In 1992, he helped with Bill Clinton’s presidential campaign, focusing on domestic policy. He also worked on Clinton’s presidential transition team, then took …

Interview With Patrick Griffin By Brien Williams, Patrick J. Griffin

George J. Mitchell Oral History Project

Biographical Note
Patrick J. Griffin was born June 22, 1949, in New York to Daniel and Edith Griffin. He attended St. Peter’s College in New Jersey, then the University of Wisconsin-Milwaukee for graduate studies in urban policy. He worked as a Health, Education and Welfare fellow for a year, then spent a year on the Senate Budget Committee staff before becoming a member of Senator Byrd’s leadership staff, the Democratic Policy Committee staff, and later a Senate Floor staffer, where he met Senator Mitchell. He held the position of secretary of the Democratic Caucus, an elected position. He later started …

Interview With Sheila Burke By Brien Williams, Sheila P. Burke

George J. Mitchell Oral History Project

Biographical Note
Sheila Burke was born and raised in San Francisco, California. She earned a B.S. in nursing at the University of San Francisco (class of 1973) and a master’s degree in public administration from Harvard University. She started working for Senator Dole in May of 1977 to handle health issues on the Senate Finance Committee. A Democrat from California, she was hired due to her prior experience as a nurse with a hands-on understanding of patient care. She became deputy chief of staff in the leader’s office when Senator Dole became minority leader in 1985 and rose to chief …