Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Addictive technology (1)
- Basic minimum (1)
- Burden of care (1)
- Constitutional rights (1)
- Emerging technologies (1)
-
- Federalism (1)
- Freedom from addiction (1)
- Fundamental liberty interest (1)
- Gender imbalances (1)
- HIPAA (1)
- Health care distribution (1)
- Involuntary treatment laws (1)
- Policy assessment (1)
- Public health regulatory framework (1)
- Rationing scheme (1)
- State lotteries (1)
- Subordinated groups (1)
- Substance Use Disorder (1)
- Threats to freedom of thought (1)
- U.S. Constitution (1)
- Use disorders (1)
Articles 1 - 3 of 3
Full-Text Articles in Health Law and Policy
Addiction And Liberty, Matthew B. Lawrence
Addiction And Liberty, Matthew B. Lawrence
Faculty Articles
This Article explores the interaction between addiction and liberty and identifies a firm legal basis for recognition of a fundamental constitutional right to freedom from addiction. Government interferes with freedom from addiction when it causes addiction or restricts addiction treatment, and government may protect freedom from addiction through legislation empowering individuals against private actors’ efforts to addict them without their consent. This Article motivates and tests the boundaries of this right through case studies of emergent threats to liberty made possible or exacerbated by new technologies and scientific understandings. These include certain state lottery programs, addiction treatment restrictions, and smartphone …
Deputizing Family: Loved Ones As A Regulatory Tool In The “Drug War” And Beyond, Matthew B. Lawrence
Deputizing Family: Loved Ones As A Regulatory Tool In The “Drug War” And Beyond, Matthew B. Lawrence
Faculty Articles
Many laws use family members as a regulatory tool to influence the decisions or behavior of their loved ones, i.e., they deputize family. Involuntary treatment laws for substance use disorder are a clear example; such laws empower family members to use information shared by their loved ones to petition to force their loved ones into treatment without consent. Whether such deputization is helpful or harmful for a patient’s health is a crucial and dubious question discussed in existing literature, but use of family members as a regulatory tool implicates important considerations beyond direct medical impacts that have not been as …
The Limits Of Health Care Reform, Ani B. Satz
The Limits Of Health Care Reform, Ani B. Satz
Faculty Articles
Part I of this Article provides a context for understanding health law in 2008. It discusses the complex relationships between the various actors, at both the federal and state levels, which affect the distribution, provision, and regulation of health care, as well as the role of technological developments in these relationships. Individuals familiar with health law may choose to skip this Part.
Parts II and III address the theoretical underpinnings of basic minimum and rationing approaches, respectively. Part II discusses the contractarian foundations of basic minimum schemes. It focuses on the distribution of health care goods as primary goods (goods …