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Articles 1 - 11 of 11
Full-Text Articles in Law
The Potential For Discrimination In Health Insurance Based On Predictive Genetic Tests, Karen H. Rothenberg
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
Advances In Genetic Research And Technologies: Challenges For Public Policy, Karen H. Rothenberg
Karen H. Rothenberg
No abstract provided.
Stereotyping Women In The Health Sector: Lessons From Cedaw, Simone Cusack, Rebecca J. Cook
Stereotyping Women In The Health Sector: Lessons From Cedaw, Simone Cusack, Rebecca J. Cook
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Two Types Of Discrimination: The Familiar And The Forgotten, Deborah Hellman
Two Types Of Discrimination: The Familiar And The Forgotten, Deborah Hellman
Deborah Hellman
This essay argues that current Equal Protection doctrine fails to recognize an important conceptual distinction between two types of discrimination. Current doctrine is inadequate, according to the author, because it treats all discrimination cases as if they were instances of only one of these types. As a result, the Supreme Court mistreats discrimination cases of the forgotten variety. The author draws a distinction between proxy and non-proxy discrimination. Proxy discrimination uses the classification in the law as a means to reach a set of persons with a different, correlated trait. Non-proxy discrimination, by contrast, aims at the set defined by …
Is Actuarially Fair Insurance Pricing Actually Fair? A Case Study In Insuring Battered Women, Deborah Hellman
Is Actuarially Fair Insurance Pricing Actually Fair? A Case Study In Insuring Battered Women, Deborah Hellman
Deborah Hellman
No abstract provided.
Classification And Fair Treatment: An Essay On The Moral And Legal Permissibility Of Profiling, Deborah Hellman
Classification And Fair Treatment: An Essay On The Moral And Legal Permissibility Of Profiling, Deborah Hellman
Deborah Hellman
Prior to the events of September 11, 2001, there appeared to be a consensus that profiling was both legally prohibited and morally wrong. Since 9/11, that consensus has eroded. In order to determine whether the fear and uncertainty occasioned by current events have simply clouded our judgment or whether, instead, the earlier rejection of profiling was too facile, we need to better understand precisely what we mean by "profiling." More importantly, we must develop a theory that explains when profiling, so defined, violates constitutional norms. This paper takes up that task. The paper uses the term "profiling" to mean any …
It's Not The Thought That Counts, Deborah Hellman
It's Not The Thought That Counts, Deborah Hellman
Deborah Hellman
The article considers a central question about discrimination – are an actor’s intentions relevant to whether an action wrongfully discriminates – and takes issue with a familiar answer to this question. If one thinks of “discrimination” in its literal sense, as simply drawing distinctions among people on the basis of possessing or lacking some trait, it becomes clear that discrimination is ubiquitous and often benign. The challenge is to distinguish when discrimination is permissible and when it is not. One common answer to this question is that it is the intentions of the actor who adopts or enacts a law, …
The Expressive Dimension Of Equal Protection, Deborah Hellman
The Expressive Dimension Of Equal Protection, Deborah Hellman
Deborah Hellman
No abstract provided.
Insurance Discrimination On The Basis Of Health Status: An Overview Of Discrimination Practices, Federal Law And Federal Reform Options, Sara Rosenbaum
Insurance Discrimination On The Basis Of Health Status: An Overview Of Discrimination Practices, Federal Law And Federal Reform Options, Sara Rosenbaum
O'Neill Institute Papers
Actuarial underwriting, or discrimination based on an individual’s health status, is a business feature of the voluntary private insurance market. The term “discrimination” in this paper is not intended to convey the concept of unfair treatment, but rather how the insurance industry differentiates among individuals in designing and administering health insurance and employee health benefit products.
Discrimination can occur at the point of enrollment, coverage design, or decisions regarding scope of coverage. Several major federal laws aimed at regulating insurance discrimination based on health status focus at the point of enrollment. However, because of multiple exceptions and loopholes, these laws …
One Step Closer To Mental Health Parity, Lorraine Schmall
One Step Closer To Mental Health Parity, Lorraine Schmall
Nevada Law Journal
No abstract provided.
Genetic Discrimination In The Workplace: Lessons From The Past And Concerns For The Future, Laurie A. Vasichek
Genetic Discrimination In The Workplace: Lessons From The Past And Concerns For The Future, Laurie A. Vasichek
Saint Louis University Journal of Health Law & Policy
No abstract provided.