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Articles 1 - 11 of 11
Full-Text Articles in Health Law and Policy
Tort Immunity In The Pandemic, Betsy J. Grey, Samantha Orwoll
Tort Immunity In The Pandemic, Betsy J. Grey, Samantha Orwoll
Indiana Law Journal
The Covid-19 pandemic set off a public health emergency that quickly brought doctors and other health care providers to the front line, while shuttering businesses throughout the United States. In response to the emergency, the federal and state governments rapidly created broad protections from tort liability for health care providers. To encourage businesses to reopen, some states have also provided liability protection for businesses from personal injury suits brought by patrons and employees. Congress is considering similar protections for businesses as it contemplates further aid packages. Some industries, like nursing homes and universities, are lobbying for specific immunity. This Essay …
North Carolina State Board Of Dental Examiners V. Ftc: Aligning Antitrust Law With Commerce Clause Jurisprudence Through A Natural Shift Of State-Federal Balance Of Power, Marie Forney
Indiana Law Journal
The Supreme Court’s holding in North Carolina State Board of Dental Examiners v. FTC (NC Dental)1 in February 2015 demonstrates a natural shift in the balance of power from the states to the national government. As the country’s interstate and international economy has become more integrated, federal authority has likewise expanded.2 And although the federalism dichotomy has undergone periodic back-and-forth “swings” since the nation’s founding, the end result has been a net increase in federal power. NC Dental exemplifies this trend toward increasing national au-thority through the organic development of interstate commerce.
Abortion, Informed Consent, And Regulatory Spillover, Katherine A. Shaw, Alex Stein
Abortion, Informed Consent, And Regulatory Spillover, Katherine A. Shaw, Alex Stein
Indiana Law Journal
The constitutional law of abortion stands on the untenable assumption that any state’s abortion regulations impact citizens of that state alone. On this understand-ing, the state’s boundaries demarcate the terrain on which women’s right to abortion clashes with state power to regulate that right.
This Article uncovers a previously unnoticed horizontal dimension of abortion regulation: the medical-malpractice penalties imposed upon doctors for failing to inform patients about abortion risks; the states’ power to define those risks, along with doctors’ informed-consent obligations and penalties; and, critically, the possi-bility that such standards might cross state lines. Planned Parenthood v. Casey and other …
The Double-Edged Sword Of Health Care Integration: Consolidation And Cost Control, Erin C. Fuse Brown, Jaime S. King
The Double-Edged Sword Of Health Care Integration: Consolidation And Cost Control, Erin C. Fuse Brown, Jaime S. King
Indiana Law Journal
The average family of four in the United States spends $25,826 per year on health care. American health care costs so much because we both overuse and overpay for health care goods and services. The Affordable Care Act’s cost control policies focus on curbing overutilization by encouraging health care providers to integrate to pro-mote efficiency and eliminate waste, but the cost control policies largely ignore prices. This article examines this overlooked half of health care cost control policy: rising prices and the policy levers held by the states to address them. We challenge the conventional wisdom that reducing overutilization through …
State Court Protection Of Reproductive Rights: The Past, The Perils, And The Promise, Dawn E. Johnsen
State Court Protection Of Reproductive Rights: The Past, The Perils, And The Promise, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Examining The Underlying Purposes Of Municipal And Statewide Smoking Bans, Mark J. Horvick
Examining The Underlying Purposes Of Municipal And Statewide Smoking Bans, Mark J. Horvick
Indiana Law Journal
No abstract provided.
Protecting Our Mentally Ill: A Critique Of The Role Of Indiana State Courts In Protecting Involuntarily Committed Mental Patients' Right To Refuse Medication, Michael Leonard Goff Jr.
Protecting Our Mentally Ill: A Critique Of The Role Of Indiana State Courts In Protecting Involuntarily Committed Mental Patients' Right To Refuse Medication, Michael Leonard Goff Jr.
Indiana Law Journal
No abstract provided.
Health Care Decision Making In Indiana And Beyond, Fred H. Cate, Kathleen M. Anderson
Health Care Decision Making In Indiana And Beyond, Fred H. Cate, Kathleen M. Anderson
Articles by Maurer Faculty
No abstract provided.
From Driving To Drugs: Governmental Regulation Of Pregnant Women's Lives After Webster, Dawn E. Johnsen
From Driving To Drugs: Governmental Regulation Of Pregnant Women's Lives After Webster, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Indiana's Guilty But Mentally Ill Statute: Blueprint To Beguile The Jury, Scott A. Kinsey
Indiana's Guilty But Mentally Ill Statute: Blueprint To Beguile The Jury, Scott A. Kinsey
Indiana Law Journal
No abstract provided.
Vitalization Of The Indiana Coroner System-Channeling Medico-Legal Duties To The Technically Trained
Vitalization Of The Indiana Coroner System-Channeling Medico-Legal Duties To The Technically Trained
Indiana Law Journal
No abstract provided.