Law Commons^™

Balancing Regional Government Health Mandateswith Federal Economic Imperatives: Perspectives Fromnova Scotia And Illinois, John Blum

Dalhousie Law Journal

This article focuses on current health policy changes in Canada and the United States at the federal and regionallevels. The Canadian discussion centres on the integrity of the Canada Health Act in the era of the Canada Health and Social Transfer, and the strategies that provincial governments have pursued to cope with persistent funding constraints. On the American side, the article examines the role of private sector managed care plans in filling a health policy void resulting from the demise of the Clinton Health Security Act. Two specific regional government health reform initiatives in Nova Scotia and Illinois are discussed …

"Cinderella" Services In The Nhs Internal Market:Does Contracting Make A Difference?, David Hughes, Siobhan Mcclelland, Lesley Griffiths

Dalhousie Law Journal

This paper examines the impact of the NHS internal market reforms on an aspect of equity in the British system that features little in recent policy commentary: the allocation of resources between acute services for the entire population and nonacute services for the elderly, the mentally ill, and the disabled (the so-called "Cinderella" services). The authors' research on health planning and contracting in the NHS in Wales suggests that patterns of services have remained largely unchanged, and that pressures in the reformed system, such as the Patient's Charter initiative, prevent any major reallocation of resources away from the acute sector. …

Common Problems, Different "Solutions": Learningfrom International Approaches To Improving Medicalservices Access For Underserved Populations, Morris Barer, Laura Wood

Dalhousie Law Journal

Canada shares with most OECD countries the problems associated with inequitable geographic access to physician services, and improving the geographic distribution of physicians is a policy preoccupation of all ministries of health in Canada today. Recent court challenges by newly-entering physicians to physician supply controls in B. C. and New Brunswick have brought the issue into sharp relief. The authors explore the degree to which the provinces have adopted common approaches to addressing these problems, and whether Canadian policy-makers have learned from international experience. The recent judgment in the Waldman case in B.C. is analyzed in terms of likely implications …

In Search Of Universality, Equity, Comprehensivenessand Competition: Health Care Reform And Managedcompetition In Israel, Carmel Shalev, David Chinitz

Dalhousie Law Journal

Israel's ongoing health reform provides lessons regarding attempts to combine universal coverage under national health insurance with a version of managed competition. Based on principles of 'justice, equality and mutual aid," Israel's National Health Insurance Law, 1994 guarantees access to a broad basket of basic services to be provided by four competing sick funds, and the availability of resources adequate to finance the basket. The new rights of citizens to universal coverage and to move freely among sick funds constituted a major policy breakthrough. However, successive amendments to the Law reflect continuing controversy over the amount of resources required to …

Product Category Liability: A Critical Analysis, Richard C. Ausness

Law Faculty Scholarly Articles

Professor Wertheimer has proposed that courts be allowed to hold producers strictly liable for product-related injuries, even though their products are not otherwise defective, as long as the overall risks associated with such products outweigh their benefits. However, this would subject the sellers of inherently dangerous products, such as cigarettes, to potentially devastating liability since their products cannot be made less dangerous. There are better ways to control the consumption of hazardous products if society wishes to do so.

Part I of this article discusses the scope and purpose of the defect requirement in section 402A and in the proposed …

Scientific Facts Vs. Political Values, Thomas G. Field Jr.

RISK: Health, Safety & Environment (1990-2002)

Professor Field takes exception to a recent Science editorial.

The Language Question In A Rainbow Nation: The South African Experience, Albie L. Sachs

Dalhousie Law Journal

In this, the twenty-second annual Horace E. Read Memorial Lecture, Mr. Justice Albie Sachs reviews the efforts to resolve problems of multilingualism in the new Constitution of South Africa. Writing from experience in the constitution-making process, he reflects on the reality of eleven different languages in South Africa. He discusses the consequent problems of legislative strategy and linguistic rights and the appropriate balance amongst language rights, policy and practice.

International Application Of The National Environmental Policy Act, Wayne J. Carrol

ILSA Journal of International & Comparative Law

In 1969, Congress passed the National Environmental Policy Act (NEPA)' with the objective of causing governmental agencies to consider environmental impact in their decision-making. Questions arose early regarding who had standing to initiate judicial review under the Act, and what the proper scope was for consideration of environmental effects of agency actions.

The Politics Of Property Rights, John D. Echeverria

Oklahoma Law Review

No abstract provided.