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Full-Text Articles in Law

Advice To The Next President: The Future Of "Obamacare", Wendy Parmet, Michael Dukakis Oct 2012

Advice To The Next President: The Future Of "Obamacare", Wendy Parmet, Michael Dukakis

Wendy E. Parmet

No abstract provided.


Advancing Public Health Through The Law: The Role Of Legal Academics: Workshop Report, Leo Beletsky, Wendy E. Parmet, Scott C. Burris Sep 2012

Advancing Public Health Through The Law: The Role Of Legal Academics: Workshop Report, Leo Beletsky, Wendy E. Parmet, Scott C. Burris

Wendy E. Parmet

The July 2012 workshop Advancing Public Health Through the Law: the Role of Legal Academics was funded by The Robert Wood Johnson Foundation's Public Health Law Research Program and convened by the Northeastern University School of Law Program on Health Policy and Law. The workshop brought together nationally recognized public health legal scholars, public health practitioners and advocates, and representatives of grant-making insituttions. Through interactive exercises and discussions, participants explored the value that legal doctrine and practice add to public health and ways to strengthen public health law's engagement with public health practice. The convening of this workshop was motivated …


Debates On U.S. Health Care, Wendy Parmet, Jennie Kronenfeld, Mark Zezza Aug 2012

Debates On U.S. Health Care, Wendy Parmet, Jennie Kronenfeld, Mark Zezza

Wendy E. Parmet

No abstract provided.


Beyond Externships: Health Law Co-Ops, Wendy E. Parmet Aug 2012

Beyond Externships: Health Law Co-Ops, Wendy E. Parmet

Wendy E. Parmet

Based on a presentation at the Law, Medicine and Health Care section meeting at the Annual Meeting of the AALS in January 2012, this paper describes the impact that co-ops have for health law students and faculty. Co-ops are the four 10 to 11 week full-time legal placements that Northeastern University School of Law requires of all J.D. students. Although co-ops are not unique to health law, they are especially valuable to health law students, providing them with the opportunity to experience multiple practice settings. This varied experience can be especially useful for students entering a field as broad as …


Restoring Legal Immigrants' State Health Insurance- The Finch Case, Wendy E. Parmet, Lorianne Sainsbury-Wong Jul 2012

Restoring Legal Immigrants' State Health Insurance- The Finch Case, Wendy E. Parmet, Lorianne Sainsbury-Wong

Wendy E. Parmet

In Finch v. Commonwealth Insurance Connector Authority, 461 Mass. 232 (2012), the Massachusetts Supreme Judicial Court held that a 2009 law barring a class of legal immigrants from a state funded health insurance program for low income adults violated the state Constitution. This article presents our perspective as plaintiff’s counsel. We focus on the pragmatic issues that we confronted as we considered whether or not to pursue litigation, and the forum and claims to pursue.


The Failure Of Gender Equality: An Essay In Constitutional Dissonance, Wendy E. Parmet, Judith Olans Brown, Phyllis Tropper Baumann Jul 2012

The Failure Of Gender Equality: An Essay In Constitutional Dissonance, Wendy E. Parmet, Judith Olans Brown, Phyllis Tropper Baumann

Wendy E. Parmet

Feminists agree that gender equality remains elusive; they disagree about why. A critical question is whether gender equality can be accomplished by treating men and women interchangeably. Stated another way, the debate has been between those who deny that women need "special treatment" in order to achieve equality, and those who argue that "real" equality demands that the legal system recognize the unique role which women play in society. Each side of this similar treatment/special treatment debate has assumed that the correct doctrinal formulation of equality will lead to some form of "true equality." This article will examine and critique …


Mississippi May Become First U.S. State With No Abortion Clinic, Esmé Deprez, Elizabeth Waibel Jun 2012

Mississippi May Become First U.S. State With No Abortion Clinic, Esmé Deprez, Elizabeth Waibel

Wendy E. Parmet

No abstract provided.


Us Judge Rules Netflix Subject To Disability Act, Hiawatha Bray Jun 2012

Us Judge Rules Netflix Subject To Disability Act, Hiawatha Bray

Wendy E. Parmet

No abstract provided.


Aids And Quarantine: The Revival Of An Archaic Doctrine, Wendy E. Parmet May 2012

Aids And Quarantine: The Revival Of An Archaic Doctrine, Wendy E. Parmet

Wendy E. Parmet

This Article, written in the early years of the AIDS epidemic, explored the historical evolution of the law of quarantine in an attempt to uncover its development through prior understandings of disease, science, and the relationship between the individual and the state. The Article then took initial steps toward placing the law of quarantine in the context of the then-current legal doctrine and analyzing its applicability to the early stages of the AIDS epidemic.


Aids And Quarantine: The Revival Of An Archaic Doctrine, Wendy E. Parmet May 2012

Aids And Quarantine: The Revival Of An Archaic Doctrine, Wendy E. Parmet

Wendy E. Parmet

This Article, written in the early years of the AIDS epidemic, explored the historical evolution of the law of quarantine in an attempt to uncover its development through prior understandings of disease, science, and the relationship between the individual and the state. The Article then took initial steps toward placing the law of quarantine in the context of the then-current legal doctrine and analyzing its applicability to the early stages of the AIDS epidemic.


Beyond Privacy: A Population Approach To Reproductive Rights, Wendy E. Parmet Apr 2012

Beyond Privacy: A Population Approach To Reproductive Rights, Wendy E. Parmet

Wendy E. Parmet

In recent years, public health arguments have gained new prominence in debates over abortion and access to reproductive health services. Opponents of reproductive rights in particular have used the language of public health, and the deference that public health law generally accords to state health regulations, to justify a variety of stringent regulations of reproductive health services. This Chapter considers the impact of this development on reproductive rights. It begins by exploring how each side in the reproductive rights debate has employed public health arguments and the impact of those arguments on judicial decisions, especially the Supreme Court’s decision in …


Day 3 Analysis: The Health Law Hearings On Severability, Coercion, And Liberty, Chelsea Conaboy Mar 2012

Day 3 Analysis: The Health Law Hearings On Severability, Coercion, And Liberty, Chelsea Conaboy

Wendy E. Parmet

No abstract provided.


Day 2 Analysis: The Supreme Court Justices Debate The Health Insurance Mandate, Chelsea Conaboy Mar 2012

Day 2 Analysis: The Supreme Court Justices Debate The Health Insurance Mandate, Chelsea Conaboy

Wendy E. Parmet

No abstract provided.


Day 1: Health Law Experts Weigh In On The Supreme Court’S Review Of Federal Law, Chelsea Conaboy Mar 2012

Day 1: Health Law Experts Weigh In On The Supreme Court’S Review Of Federal Law, Chelsea Conaboy

Wendy E. Parmet

No abstract provided.


Health Care Battle Focuses On Mass. Model, Tracy Jan Mar 2012

Health Care Battle Focuses On Mass. Model, Tracy Jan

Wendy E. Parmet

No abstract provided.


Commonwealth Of Massachusetts Supreme Judicial Court Brief And Record Appendix For The Plaintiff On Reserve And Report From The Single Justice, Finch, Et Al. V. Commonwealth Health Insurance Connector Authority, Et Al., No. Sjc-10748 (Filed September 2010), Wendy E. Parmet, Lorianne Sainsbury-Wong, Lauren Guth Barnes Feb 2012

Commonwealth Of Massachusetts Supreme Judicial Court Brief And Record Appendix For The Plaintiff On Reserve And Report From The Single Justice, Finch, Et Al. V. Commonwealth Health Insurance Connector Authority, Et Al., No. Sjc-10748 (Filed September 2010), Wendy E. Parmet, Lorianne Sainsbury-Wong, Lauren Guth Barnes

Wendy E. Parmet

In 2009 the Commonwealth of Massachusetts enacted a law, St. 2009, c. 65, § 31(a), that excluded approximately 44,000 legal immigrants from Commonwealth Care, a key component of the state’s 2006 health reform act which provides health insurance subsidies for uninsured residents whose income are up to 300 percent of the Federal Poverty Level. In 2010 Health Law Advocates, a public interest law firm, filed a class action before a Single Justice of the State Supreme Judicial Court challenging the exclusion as violating the equal protection provisions of the Massachusetts Declaration of Rights. The Single Justice referred four questions to …


Brief Of Health Care For All, Inc., Health Law Advocates, Inc., The Massachusetts Hospital Association, Inc., The Massachusetts League Of Community Health Centers, Inc., Greater Boston Interfaith Organization, Inc., And Community Catalyst, Inc. As Amici Curiae In Support Of Petitioners Urging Reversal On The Minimum Coverage Provision Issue, Department Of Health And Human Services, Et Al. V. State Of Florida, Et Al., No. 11-398 (Filed Jan. 13, 2012), Wendy E. Parmet, Lorianne Sainsbury-Wong, Kevin Outterson Feb 2012

Brief Of Health Care For All, Inc., Health Law Advocates, Inc., The Massachusetts Hospital Association, Inc., The Massachusetts League Of Community Health Centers, Inc., Greater Boston Interfaith Organization, Inc., And Community Catalyst, Inc. As Amici Curiae In Support Of Petitioners Urging Reversal On The Minimum Coverage Provision Issue, Department Of Health And Human Services, Et Al. V. State Of Florida, Et Al., No. 11-398 (Filed Jan. 13, 2012), Wendy E. Parmet, Lorianne Sainsbury-Wong, Kevin Outterson

Wendy E. Parmet

This amicus brief was filed before the Supreme Court in the Affordable Care Act (ACA) litigation on behalf of Health Care for All and other Massachusetts organizations that have been involved in the implementation of Massachusetts’ health 2006 health reform legislation. The brief argues that Massachusetts’ health reform law, upon which the ACA is modeled, has been very effective in expanding insurance coverage within the State, but it required substantial federal support, through a Medicaid waiver, to achieve its success. In addition the Commonwealth’s experience illustrates that the health insurance and health care markets are inherently interstate commerce and that …


Commonwealth Of Massachusetts Supreme Judicial Court Brief For The Plaintiffs On Reserve And Report From The Single Justice, Finch, Et Al. V. Commonwealth Health Insurance Connector Authority, Et Al., No. Sjc-11025 (Filed August 22, 2011), Wendy E. Parmet, John H. Cushman Feb 2012

Commonwealth Of Massachusetts Supreme Judicial Court Brief For The Plaintiffs On Reserve And Report From The Single Justice, Finch, Et Al. V. Commonwealth Health Insurance Connector Authority, Et Al., No. Sjc-11025 (Filed August 22, 2011), Wendy E. Parmet, John H. Cushman

Wendy E. Parmet

In Finch v. Commonwealth Health Insurance Connector Auth., 459 Mass. 655 (2011), the Massachusetts Supreme Judicial Court ruled that a state law excluding a class of legal immigrants from Commonwealth Care, a key component of the state’s 2006 health reform act, discriminated against legal aliens and was subject to strict scrutiny under the Massachusetts Constitution. Following that ruling, the plaintiffs filed a motion for partial summary judgment. The state opposed the motion arguing that the exclusion was narrowly tailored to serve the compelling state interest of furthering national immigration policy. In this brief, the plaintiffs argued that the statute could …


The Rugged Feminism Of Sandra Day O'Connor, Judith Olans Brown, Wendy E. Parmet, Mary E. O'Connell Feb 2012

The Rugged Feminism Of Sandra Day O'Connor, Judith Olans Brown, Wendy E. Parmet, Mary E. O'Connell

Wendy E. Parmet

In this Article we explore Justice O'Connor's response to the woman question by looking at her opinions on matters traditionally perceived to be of interest to women or matters historically recognized as women's issues. This leads us to consider cases about women as physical and sexual beings and cases about women as nurturers and caretakers. In addition, we look at cases about individuals who, like women, have been traditionally perceived as dependent, vulnerable, and economically insecure. We do not claim that these are the only issues that matter to women. Clearly, the range of issues that matter to women is …


Solidarity For Global Health, Wendy Parmet, Patricia Illingworth Dec 2011

Solidarity For Global Health, Wendy Parmet, Patricia Illingworth

Wendy E. Parmet

No abstract provided.