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Health Law and Policy Commons

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2010

Selected Works

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Articles 1 - 30 of 47

Full-Text Articles in Health Law and Policy

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos Dec 2010

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos

Michael Diathesopoulos

In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …


Gender Matters In Juvenile Justice, Francine Sherman, Meda Chesney-Lind Dec 2010

Gender Matters In Juvenile Justice, Francine Sherman, Meda Chesney-Lind

Francine T. Sherman

No abstract provided.


Panelist, Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto Nov 2010

Panelist, Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


Award Recipient, Germaine Lawrence Women Of Excellence, Francine Sherman Oct 2010

Award Recipient, Germaine Lawrence Women Of Excellence, Francine Sherman

Francine T. Sherman

No abstract provided.


Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto Oct 2010

Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli Oct 2010

The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli

Michael Greenberger

The federal government’s failure to quickly send active duty troops and other military assets to Louisiana in the wake of Hurricane Katrina primarily stems from its narrow interpretation of the Posse Comitatus Act (PCA), which generally bars the use of federal troops for domestic law enforcement. As this chapter explains, the complete breakdown of law and order during a catastrophic emergency such as Hurricane Katrina allows the president to unilaterally deploy federal troops. This authority to deploy federal troops in response to certain natural disasters, in accordance with the PCA and the Constitution, is found in the Insurrection Act, Stafford …


Panelist, Justice Brennan: Liberal Champion, Dean Hashimoto Sep 2010

Panelist, Justice Brennan: Liberal Champion, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt Sep 2010

Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt

Richard C. Boldt

This essay reviews Excusing Crime, by Jeremy Horder, Reader in Criminal Law and Tutor in Law at Worcester College, Oxford. It describes Horder’s project, which is to build a complex taxonomy of criminal law excuse practices and to use that account of “why things are as they are” to argue, on the basis of his version of liberal theory, against “the restricted range” of excuses in the UK and elsewhere. By virtue of his appreciation that some, but not all, excuses contain justificatory elements, and given his insistence that pure claims of non-responsibility are not excuses, Horder has defined a …


The Construction Of Responsibility In The Criminal Law, Richard C. Boldt Sep 2010

The Construction Of Responsibility In The Criminal Law, Richard C. Boldt

Richard C. Boldt

No abstract provided.


A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt Sep 2010

A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt

Richard C. Boldt

No abstract provided.


Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt Sep 2010

Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt

Richard C. Boldt

No abstract provided.


Public Education As Public Space: Some Reflections On The Unfinished Work Of Marc Feldman, Richard C. Boldt Sep 2010

Public Education As Public Space: Some Reflections On The Unfinished Work Of Marc Feldman, Richard C. Boldt

Richard C. Boldt

No abstract provided.


The Adversary System And Attorney Role In The Drug Treatment Court Movement, Richard Boldt Sep 2010

The Adversary System And Attorney Role In The Drug Treatment Court Movement, Richard Boldt

Richard C. Boldt

No abstract provided.


A Circumspect Look At Problem-Solving Courts, Richard Boldt Sep 2010

A Circumspect Look At Problem-Solving Courts, Richard Boldt

Richard C. Boldt

No abstract provided.


Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt Sep 2010

Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt

Richard C. Boldt

No abstract provided.


Confidentiality Of Alcohol And Other Drug Abuse Treatment Information For Emergency Department And Trauma Center Patients, Richard Boldt Sep 2010

Confidentiality Of Alcohol And Other Drug Abuse Treatment Information For Emergency Department And Trauma Center Patients, Richard Boldt

Richard C. Boldt

he diagnosis and treatment of alcohol and other drug (AOD) use disorders has for the most part been confined to a narrow band of the U.S. heath-care system. Recently, some hospital emergency departments and, especially, trauma centers have taken the lead in seeking to integrate AOD diagnosis and treatment through the adoption of screening and brief intervention protocols. The available data suggest that the practice of providing screening and either brief interventions or referrals for more intensive AOD treatment can significantly reduce re-injury rates. Despite these encouraging statistics, many trauma centers and emergency departments still do not provide these services …


The Great American Public, Mass Society, And The New Constitutional Order, Richard C. Boldt Sep 2010

The Great American Public, Mass Society, And The New Constitutional Order, Richard C. Boldt

Richard C. Boldt

No abstract provided.


Macarthur Foundation, Consultant, Francine Sherman Aug 2010

Macarthur Foundation, Consultant, Francine Sherman

Francine T. Sherman

Consulted on ways to incorporate girls' issues into MacArthur Foundation juvenile justice grant-making


The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli Aug 2010

The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli

Michael Greenberger

The federal government’s failure to quickly send active duty troops and other military assets to Louisiana in the wake of Hurricane Katrina primarily stems from its narrow interpretation of the Posse Comitatus Act (PCA), which generally bars the use of federal troops for domestic law enforcement. As this chapter explains, the complete breakdown of law and order during a catastrophic emergency such as Hurricane Katrina allows the president to unilaterally deploy federal troops. This authority to deploy federal troops in response to certain natural disasters, in accordance with the PCA and the Constitution, is found in the Insurrection Act, Stafford …


Immortal Beloved And Beleaguered: Towards The Integration Of The Law On Assisted Death And The Scientific Pursuit Of Life Extension, Mary J. Shariff Jul 2010

Immortal Beloved And Beleaguered: Towards The Integration Of The Law On Assisted Death And The Scientific Pursuit Of Life Extension, Mary J. Shariff

Mary J. Shariff

This article sets out to explore the scientific pursuit of life extension in the context of current controversies surrounding death, particularly those that involve competent individuals who desire death but are unable to bring it about without the assistance of another individual. Humans are on the threshold of being able to significantly increase their life expectancy yet, in Canada and elsewhere, we have still not come to any consensus as to how we are permitted to die. After a brief introduction in Part I, Part II of this article summarizes the legal position in Canada on assisted death and explores …


Immortal Beloved And Beleaguered: Towards The Integration Of The Law On Assisted Death And The Scientific Pursuit Of Life Extension, Mary J. Shariff Jul 2010

Immortal Beloved And Beleaguered: Towards The Integration Of The Law On Assisted Death And The Scientific Pursuit Of Life Extension, Mary J. Shariff

Mary J. Shariff

This article sets out to explore the scientific pursuit of life extension in the context of current controversies surrounding death, particularly those that involve competent individuals who desire death but are unable to bring it about without the assistance of another individual. Humans are on the threshold of being able to significantly increase their life expectancy yet, in Canada and elsewhere, we have still not come to any consensus as to how we are permitted to die. After a brief introduction in Part I, Part II of this article summarizes the legal position in Canada on assisted death and explores …


Women Health Issues And Women Consumers, Ranganath Ranganath Vg Vadapalli Vg. Jul 2010

Women Health Issues And Women Consumers, Ranganath Ranganath Vg Vadapalli Vg.

Dr. V.G.Ranganath

Women are the greatest asset of the society and the nation. Empowerment of Women in Health and Consumer aspects may lead to a better health status. It was only from the Sixth Five year Plan onwards that women secured a special role and space in the national plans and planning process primarily with thrusts on health, education and employment. The Seventh Five year Plan aimed at raising health consciousness among women.


Antidote: Strategies For Containing America's Runaway Health Care Costs, Leslie Meltzer Henry, M. Gregg Bloche Jul 2010

Antidote: Strategies For Containing America's Runaway Health Care Costs, Leslie Meltzer Henry, M. Gregg Bloche

Leslie Meltzer Henry

Soaring healthcare costs have put medical spending at the top of the national agenda and in the spotlight of the 2008 elections. Both the public and private spheres are struggling with this urgent problem. Medicare and Medicaid spending are straining federal and state budgets, private employers are abandoning coverage or shifting costs to workers and their families, and firms that provide generous coverage are risking their competitiveness in the global economy. Meanwhile, nearly 50 million uninsured Americans remain hostage to uncontrolled health costs, while the combustible combination of third-party payments and technological advances continues to fuel spending. Quality and value …


Final Report: Submitted To The Honorable Jack Markell, Governor, State Of Delaware: Independent Review Of The Earl Brian Bradley Case, Linda Ammons May 2010

Final Report: Submitted To The Honorable Jack Markell, Governor, State Of Delaware: Independent Review Of The Earl Brian Bradley Case, Linda Ammons

Linda L. Ammons

This is the Final Report to the Governor's Office, the Senate Public Safety Committee, the House Public Safety and Homeland Security Committee and Members of the General Assembly detailing the findings of the independent review by Linda L. Ammons, Esq., Associate Provost and Dean of The Widener University School of Law pursuant to Executive Order No. 16, attached hereto as Exhibit B. The genesis of Executive Order No. 16 was the December 16, 2009 arrest of Delaware pediatrician Dr. Earl B. Bradley, who was charged and recently indicted on hundreds of charges alleging that Dr. Bradley had sexually assaulted children …


Panelist, National Standards Of Care For Medical Malpractice Suits, Dean Hashimoto Apr 2010

Panelist, National Standards Of Care For Medical Malpractice Suits, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


Federal Hill Protest Targets Landlords, Donna M. Hughes Dr., Melanie Shapiro Esq Mar 2010

Federal Hill Protest Targets Landlords, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

Landlords who rent space to spa-brothels were the target of a protest on Atwells Avenue on Federal Hill in Providence on the evening of March 28th. About two dozen neighbors, friends, and anti-trafficking activists gathered to condemn landlords who rent to spa-brothels.


Reasons To Pass Health Reform, Robert B. Leflar, Hershey Garner Md Mar 2010

Reasons To Pass Health Reform, Robert B. Leflar, Hershey Garner Md

Robert B Leflar

Column 5 (of 5) on the health reform debate


Health Reform: Arkansas Impacts, Robert B. Leflar Feb 2010

Health Reform: Arkansas Impacts, Robert B. Leflar

Robert B Leflar

Column 4 (of 5) on the health reform debate


A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski Feb 2010

A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski

Michael J. Malinowski

This article addresses the impact of integration of academia, industry, and government on the public nature of research. The article concludes that, while the integration has benefited science immensely, regulatory measures should be taken to restore the public nature of research in an age of integration.


Do Not Edit When You Need To Revise, Mary Ann Chirba, E. Joan Blum, Elisabeth Keller, Judith Tracy Feb 2010

Do Not Edit When You Need To Revise, Mary Ann Chirba, E. Joan Blum, Elisabeth Keller, Judith Tracy

Mary Ann Chirba

No abstract provided.