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Articles 1 - 11 of 11
Full-Text Articles in Comparative and Foreign Law
Bioethics And Law In The United States: A Legal Process Perspective, Charles Baron
Bioethics And Law In The United States: A Legal Process Perspective, Charles Baron
Charles H. Baron
No abstract provided.
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
Judith A Hale Reed
Early marriage affects many communities around the world. Examples of commonly practiced early marriage can be found today in the U.S., India, Syria, and many other places. Although most countries have instituted minimum age laws for marriage, so that legal marriage can only occur after an age set by law, early marriage is still practiced for tradition, control, security, and other reasons. This article explores the harms of early marriage and the international instruments meant to defend against these harms in Part II. Part III reviews theoretical perspectives from legal anthropology and presents a case study of early marriage in …
"Unnatural Deaths," Criminal Sanctions, And Medical Quality Improvement In Japan, Robert B. Leflar
"Unnatural Deaths," Criminal Sanctions, And Medical Quality Improvement In Japan, Robert B. Leflar
Robert B Leflar
A worldwide awakening to the high incidence of preventable harm resulting from medical care, combined with pressure on hospitals and physicians from liability litigation, has turned international attention to the need for better structures to resolve medical disputes in a way that promotes medical safety and honesty toward patients. The civil justice system in the United States, in particular, is criticized as inefficient, arbitrary, and sometimes punitive. It is charged with undermining sound medical care by encouraging wasteful expenditures through defensive medicine; by driving information about medical mistakes underground where it escapes analysis, undercutting quality improvement efforts; and by forcing …
Bioethics And Law In The United States: A Legal Process Perspective, Charles Baron
Bioethics And Law In The United States: A Legal Process Perspective, Charles Baron
Charles H. Baron
No abstract provided.
Comparative And International Health Law, Timothy Stoltzfus Jost
Comparative And International Health Law, Timothy Stoltzfus Jost
Timothy S. Jost
No abstract provided.
Why Can't We Do What They Do? National Health Reform Abroad, Timothy Stoltzfus Jost
Why Can't We Do What They Do? National Health Reform Abroad, Timothy Stoltzfus Jost
Timothy S. Jost
This article describes how other countries organize and finance their health care systems, and how the performance of those health care systems compares with that of the United States. It also examines why the United States, unlike all other developed countries, has failed to provide universal access to health care services.
Private Or Public Approaches To Insuring The Uninsured: Lessons From International Experience With Private Insurance, Timothy Stoltzfus Jost
Private Or Public Approaches To Insuring The Uninsured: Lessons From International Experience With Private Insurance, Timothy Stoltzfus Jost
Timothy S. Jost
In the recent past a broad consensus has emerged in the United States that the best way to expand coverage of the uninsured is to use tax subsidies to encourage the purchase of private health insurance policies. Many advocates of this approach also call for replacing employment-related group policies with individual policies, and for minimizing regulation of private insurance. Those who advocate these policies, however, have rarely considered the experience that other nations have had with private health insurance. In fact most other countries have private insurance markets, and in many countries private insurance plays a significant role in financing …
Global Health Care Financing Law: A Useful Concept?, Timothy Stoltzfus Jost
Global Health Care Financing Law: A Useful Concept?, Timothy Stoltzfus Jost
Timothy S. Jost
No abstract provided.
The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost
The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost
Timothy S. Jost
Virtually every country in the world is currently attempting to find ways to ration health care services in order to control exploding health care costs. In some countries the courts play a role in overseeing the rationing of health care. This article examines the role that the courts play in the United States in health care rationing in various contexts and programs. It then goes on to present the German social courts as an alternative model for judicial oversight of health care rationing that is both responsive to the rights of health care consumers and professionals and sensitive to the …
Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson
Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson
Robin Fretwell Wilson
No abstract provided.
“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan
“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan
Susan Rexford
The Health and Human Services' regulatory requirement that all but a narrow set of "religious" employers provide contraceptives to employees is an example of what Robert Post and Nancy Rosenblum refer to as a growing "congruence" between civil society's values and the state's legally enacted policy. Catholics and many others have resisted the HHS requirement on the ground that it violates "religious freedom." They ask (in the words of Cardinal Dolan) to be "left alone" by the state. But the argument to be "left alone" overlooks or suppresses the fact that the Catholic Church understands that it is its role …