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Articles 1 - 30 of 93
Full-Text Articles in Health Law and Policy
The Irrepressible Myth Of Jacobson V. Massachusetts, Josh Blackman
The Irrepressible Myth Of Jacobson V. Massachusetts, Josh Blackman
Buffalo Law Review
During the COVID-19 outbreak, Jacobson v. Massachusetts became the fountainhead for pandemic jurisprudence. Courts relied on this 1905 precedent to resolve disputes about religious freedom, abortion, gun rights, voting rights, the right to travel, and many other contexts. But Justice John Marshall Harlan’s decision was very narrow. It upheld the state’s power to impose a nominal fine on an unvaccinated person. No more, no less. Yet, judges now follow a variant of Jacobson that is far removed from the Lochner-era decision. And the Supreme Court is largely to blame for these errors. Over the course of a century, four prominent …
Open Record Laws: Balancing The "Right To Know" With The Safety Of Reproductive Health Care Service Providers, Rebecca Bentley
Open Record Laws: Balancing The "Right To Know" With The Safety Of Reproductive Health Care Service Providers, Rebecca Bentley
Buffalo Human Rights Law Review
No abstract provided.
Law And Power In Health Care: Challenges To Physician Control, Mary Anne Bobinski
Law And Power In Health Care: Challenges To Physician Control, Mary Anne Bobinski
Buffalo Law Review
No abstract provided.
Student Publication: Undocumented, Untreated, Unhealthy: How The Expansion Of Fqhcs Can Fill The Gaps Of Basic Healthcare For Undocumented Immigrants, Bethany A. Taylor
Student Publication: Undocumented, Untreated, Unhealthy: How The Expansion Of Fqhcs Can Fill The Gaps Of Basic Healthcare For Undocumented Immigrants, Bethany A. Taylor
Buffalo Human Rights Law Review
No abstract provided.
Doctors On The Take: Aligning Tort Law To Address Drug Company Payments To Prescribers, Lars Noah
Doctors On The Take: Aligning Tort Law To Address Drug Company Payments To Prescribers, Lars Noah
Buffalo Law Review
The pharmaceutical and medical device industries aggressively market their wares to health care professionals, and the giving of gifts has become a central feature of this process. Most observers regard financial incentives tied to the use of specific therapeutic products as ethically impermissible, and various institutions have tried combating inappropriate gifts and payments to physicians: medical and industry groups adopted voluntary codes, federal agencies published advisory guidelines, and, most recently, state and federal legislatures enacted reporting laws. Self-regulation, threats of prosecution, and transparency initiatives have tempered the practice, but manufacturers continue to find clever ways of purchasing the loyalty of …
Informed Consent For The Use And Storage Of Residual Dried Blood Samples From State-Mandated Newborn Genetic Screening Programs, Tufik Y. Shayeb
Informed Consent For The Use And Storage Of Residual Dried Blood Samples From State-Mandated Newborn Genetic Screening Programs, Tufik Y. Shayeb
Buffalo Law Review
No abstract provided.
Responding To The Childhood Vaccination Crisis: Legal Frameworks And Tools In The Context Of Parental Vaccine Refusal, Dorit Rubinstein Reiss, Lois A. Weithorn
Responding To The Childhood Vaccination Crisis: Legal Frameworks And Tools In The Context Of Parental Vaccine Refusal, Dorit Rubinstein Reiss, Lois A. Weithorn
Buffalo Law Review
No abstract provided.
Obamacare Interrupted: Obstructive Federalism And The Consumer Information Blockade, Katherine T. Vukadin
Obamacare Interrupted: Obstructive Federalism And The Consumer Information Blockade, Katherine T. Vukadin
Buffalo Law Review
No abstract provided.
"We Have To Take It To The Top!": Workers, State Policy, And The Making Of Home Care, Jennifer Klein, Eileen Boris
"We Have To Take It To The Top!": Workers, State Policy, And The Making Of Home Care, Jennifer Klein, Eileen Boris
Buffalo Law Review
No abstract provided.
Who Will Care For The Elderly?: The Future Of Home Care, Peggie R. Smith
Who Will Care For The Elderly?: The Future Of Home Care, Peggie R. Smith
Buffalo Law Review
No abstract provided.
Two Stories About Two Currencies Of Care, Hendrik Hartog
Two Stories About Two Currencies Of Care, Hendrik Hartog
Buffalo Law Review
No abstract provided.
When Caring Is Work: Home, Health, And The Invisible Workforce: Introduction, Dianne Avery, Martha T. Mccluskey
When Caring Is Work: Home, Health, And The Invisible Workforce: Introduction, Dianne Avery, Martha T. Mccluskey
Buffalo Law Review
This essay introduces the SUNY Buffalo Law School 2012 James McCormick Mitchell Lecture. The Lecture featured distinguished scholars Hendrik Hartog, Jennifer Klein, and Peggie R. Smith, who each contributed an essay to this volume. These three scholars give a richly detailed picture of home caretakers' struggles to gain visibility and support for their important work. Legal rulings and policy choices have made care workers distinctly vulnerable, treating care services as an expression of love rather than contract (as Hartog describes), or as social rehabilitation for marginal citizens rather than as skilled health care provision (as Klein explains), or as informal …
Hope Or Hype?: Why The Affordable Care Act's New External Review Rules For Denied Erisa Healthcare Claims Need More Reform, Katherine T. Vukadin
Hope Or Hype?: Why The Affordable Care Act's New External Review Rules For Denied Erisa Healthcare Claims Need More Reform, Katherine T. Vukadin
Buffalo Law Review
No abstract provided.
When Push Comes To Shove: Mandatory Immunization In Times Of Pandemic-Type Emergencies, Philip P. Houle, Suzanne R. Houle
When Push Comes To Shove: Mandatory Immunization In Times Of Pandemic-Type Emergencies, Philip P. Houle, Suzanne R. Houle
Buffalo Public Interest Law Journal
No abstract provided.
Implementing American Health Care Reform: The Fiduciary Imperative, Dayna Bowen Matthew
Implementing American Health Care Reform: The Fiduciary Imperative, Dayna Bowen Matthew
Buffalo Law Review
No abstract provided.
Federal Health Care Reform: What’S Happening And Where Are We Going?, Anthony H. Szczygiel
Federal Health Care Reform: What’S Happening And Where Are We Going?, Anthony H. Szczygiel
Other Scholarship
No abstract provided.
A Breeding Ground For Communicable Disease: What To Do About Public Health Hazards In New York Prisons, Claire Fortin
A Breeding Ground For Communicable Disease: What To Do About Public Health Hazards In New York Prisons, Claire Fortin
Buffalo Public Interest Law Journal
No abstract provided.
A Parent's Choice V. Governmental Regulations: A Bioethical Analysis In An Era Of Preimplantation Genetic Diagnosis, Michael Gortakowski
A Parent's Choice V. Governmental Regulations: A Bioethical Analysis In An Era Of Preimplantation Genetic Diagnosis, Michael Gortakowski
Buffalo Public Interest Law Journal
No abstract provided.
Technical Standards For Admission To Medical School: Deaf Candidates Don't Get No Respect, Michael Schwartz
Technical Standards For Admission To Medical School: Deaf Candidates Don't Get No Respect, Michael Schwartz
Buffalo Public Interest Law Journal
No abstract provided.
Healing Or Homicide?: When Parents Refuse Medical Treatment For Their Children On Religious Grounds, Emily Catalano
Healing Or Homicide?: When Parents Refuse Medical Treatment For Their Children On Religious Grounds, Emily Catalano
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Words To Live By: Public Health, The First Amendment, And Government Speech, Jess Alderman
Words To Live By: Public Health, The First Amendment, And Government Speech, Jess Alderman
Buffalo Law Review
No abstract provided.
Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii
Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii
Buffalo Law Review
No abstract provided.
Big Food's Trip Down Tobacco Road: What Tobacco's Past Can Indicate About Food's Future, Joshua Logan Pennel
Big Food's Trip Down Tobacco Road: What Tobacco's Past Can Indicate About Food's Future, Joshua Logan Pennel
Buffalo Public Interest Law Journal
No abstract provided.
Romance Is Dead: Mail Order Bridges As Surrogate Corpses, Daniel Epstein
Romance Is Dead: Mail Order Bridges As Surrogate Corpses, Daniel Epstein
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
At The Altar Of Autonomy: The Dangerous Territory Of Abigail Alliance V. Von Eschenbach, Andrea Beth Ott
At The Altar Of Autonomy: The Dangerous Territory Of Abigail Alliance V. Von Eschenbach, Andrea Beth Ott
Buffalo Law Review
No abstract provided.
Race Against Time, Sarah Feor
Race Against Time, Sarah Feor
Buffalo Human Rights Law Review
Book review of Stephen Lewis' Race Against Time
Pandemic Fears And Contemporary Quarantine: Protecting Liberty Through A Continuum Of Due Process Rights, Michelle A. Daubert
Pandemic Fears And Contemporary Quarantine: Protecting Liberty Through A Continuum Of Due Process Rights, Michelle A. Daubert
Buffalo Law Review
No abstract provided.
Federal Court Self-Preservation And Terri Schiavo, Jack M. Beermann
Federal Court Self-Preservation And Terri Schiavo, Jack M. Beermann
Buffalo Law Review
No abstract provided.
Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff
Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff
Buffalo Law Review
No abstract provided.
Drug Development And The Public Health Mission: Collaborative Challenges At The Fda, Nih, And Academic Medical Centers, Sheila R. Shulman, Andrea Kuettel
Drug Development And The Public Health Mission: Collaborative Challenges At The Fda, Nih, And Academic Medical Centers, Sheila R. Shulman, Andrea Kuettel
Buffalo Law Review
No abstract provided.