Law Commons^™

Abortion Distortions, Caroline Mala Corbin

Articles

No abstract provided.

Does The Individual Mandate Coerce?, Raphael Boleslavsky, Sergio J. Campos

Articles

The Patient Protection and Affordable Care Act includes an individual mandate that penalizes individuals who do not purchase health insurance. Critics of the individual mandate, including a majority of justices on the Supreme Court, contend that Congress cannot use its Commerce Clause power to coerce individuals to buy a product. Supporters concede that the mandate coerces but argue that it is otherwise permissible under the Commerce Clause. This article questions whether the individual mandate coerces. It uses a simple economic model to show that, under certain conditions, the individual mandate induces insurers to sell health insurance at a price each …

Comparative Pragmatism Versus Comparative Formalism In The Abortion Context, Caroline Bettinger-López

Articles

No abstract provided.

The Contraception Mandate, Caroline Mala Corbin

Articles

Under the new health care regime, health insurance plans must cover contraception. While religious employers are exempt from this requirement, religiously affiliated employers are not. Several have sued, claiming that the "contraception mandate" violates the Free Exercise Clause, the Free Speech Clause, and the Religious Freedom Restoration Act. This Essay explains why the contraception mandate violates none of them.

Debate: The Contraception Mandate And Religious Freedom, Steven D. Smith, Caroline Mala Corbin

Articles

No abstract provided.

Beyond Separation In Federalism Enforcement: Medicaid Expansion, Coercion, And The Norm Of Engagement, Charlton C. Copeland

Articles

National Federation of Independent Business v. Sebelius may be known, in both the popular and academic commentaries, as the case about the Affordable Care Act's Individual Mandate provision. History may record it as one of the most significant cases in the jurisprudence of cooperative federalism. In invalidating part of the Medicaid Expansion provision, the Roberts Court became the first to invalidate a federal spending statute as unconstitutionally coercive of state governments. This decision has the potential to impact federal-state cooperative arrangements such as No Child Left Behind, and others far beyond the health care context.

This Article argues that lack …

Miami's Medical-Legal Partnership: Preparing Lawyers And Physicians For Holistic Practice, Jonel Newman

Articles

No abstract provided.

Protecting Women's Human Rights: A Case Study In The Philippines, Tamar Ezer

Articles

No abstract provided.

Perspective: Massachusetts' Health Care Reform And Emergency Department Utilization, Christopher Chen, Gabriel Scheffler, Amitabh Chandra

Articles

No abstract provided.

Promoting Public Health Through Clinical Legal Education: Initiatives In South Africa, Thailand, And Ukraine, Tamar Ezer

Articles

No abstract provided.

How Not To Do Medical Malpractice Reform: A Florida Case Study, Mary I. Coombs

Articles

No abstract provided.

Fear Of Prescribing: How The Dea Is Infringing On Patients' Right To Palliative Care, Ashley Bruce Trehan

University of Miami Law Review

No abstract provided.

Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel

University of Miami Law Review

No abstract provided.

Pangloss, Patrick O. Gudridge

University of Miami Law Review

No abstract provided.

Wanted! Dead And/Or Alive: Choosing Among The Not-So-Uniform Statutory Definitions Of Death, Jason L. Goldsmith

University of Miami Law Review

No abstract provided.

Schiavo And Contemporary Myths About Dying, Rebecca Dresser

University of Miami Law Review

No abstract provided.

Schiavo: The Road Not Taken, Mary I. Coombs

University of Miami Law Review

No abstract provided.

A Legal Autopsy Of The Lawyering In Schiavo: A Therapeutic Jurisprudence/Preventive Law Rewind Exercise, Bruce J. Winick

University of Miami Law Review

No abstract provided.

A New Model For Media Criticism: Lessons From The Schiavo Coverage, Lili Levi

University of Miami Law Review

No abstract provided.

Ethics Schmethics: The Schiavo Case And The Culture Wars, Kenneth Goodman

University of Miami Law Review

No abstract provided.

(Mis)Framing Schiavo As Discrimination Against Persons With Disabilities, Leslie Pickering Francis, Anita Silvers

University of Miami Law Review

No abstract provided.

Assault On The Judiciary: Judicial Response To Cirticism Post-Schiavo, Meghan K. Jacobson

University of Miami Law Review

No abstract provided.

Some Personal Aspects Of End-Of-Life Decisionmaking, James L. Werth Jr.

University of Miami Law Review

No abstract provided.

Saving Federal Sentencing Reform After Apprendi, Blakely And Booker, David Yellen

Articles

No abstract provided.

Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker

University of Miami Law Review

No abstract provided.

Managed Care And Provider Perspective, Fred M. Messing, Ann-Lynn Denker, Kathy Cerminara

University of Miami Business Law Review

No abstract provided.

Regulation Of Healthcare Professionals In Florida, Sean M. Ellsworth

University of Miami Business Law Review

No abstract provided.

The Role Of The Florida Board Of Medicine And The Bakarania Decision, David J. Winker, Robert R. Pupo, Marshall R. Burack, Alberto M. Hernandez

University of Miami Business Law Review

No abstract provided.

Physician Practice Management, Marc H. Auerbach, Jeffrey L. Cohen, Jay Martus

University of Miami Business Law Review

No abstract provided.

Health Care Marketing Under The Anti-Kickback Statute, Eric S. Tower

University of Miami Business Law Review

No abstract provided.