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Articles 1 - 8 of 8
Full-Text Articles in Legal Writing and Research
Legislating Autism Coverage: The Conservative Insurance Mandate, Lori Shealy Unumb
Legislating Autism Coverage: The Conservative Insurance Mandate, Lori Shealy Unumb
Belmont Law Review
Since 2007, numerous state legislatures have enacted insurance mandates relating to treatment for autism. In the absence of an autism insurance mandate, health insurers typically do not cover “one of the most commonly prescribed therapies” for autism, which is an intensive therapeutic intervention based on Applied Behavior Analysis (commonly called “ABA therapy”). The autism insurance mandates that have swept the nation during the last decade require coverage for ABA therapy and other care that is ordered by a physician and deemed medically necessary to treat autism. This article (1) examines why so many legislatures that traditionally resist insurance mandates embrace …
Striking A Balance: A Proposed Amendment To The Federal Rules Of Evidence Excluding Partial Apologies, Chandler Farmer
Striking A Balance: A Proposed Amendment To The Federal Rules Of Evidence Excluding Partial Apologies, Chandler Farmer
Belmont Law Review
Regarding evidentiary protection for apologies, this note seeks to strike a balance by advocating for the approach adopted by a majority of states: evidentiary protection for some, but not all apologies. Such an approach, while not perfect, aligns the competing interests of encouraging the legal, psychological, and emotional benefits that accompany apologies with preserving a plaintiff’s right to utilize probative evidence. By way of introduction, section one of this note briefly discusses the current legal treatment of apologies in United States jurisdictions. Section two compares the advantages of excluding apologetic statements from evidence with the disadvantages of such evidentiary protection …
Gestational Surrogacy Contracts In Tennessee: Freedom Of Contract Concerns & Feminist Principles In The Balance, Jennifer S. White
Gestational Surrogacy Contracts In Tennessee: Freedom Of Contract Concerns & Feminist Principles In The Balance, Jennifer S. White
Belmont Law Review
Drawing upon feminist theory and principles of freedom of contract, this Note proposes a new statutory framework for addressing surrogacy in the state of Tennessee. Part I provides a balanced discussion of why couples choose surrogacy as well as varying types of surrogacy available to individuals. Part II explores the judicial and legislative responses toward surrogacy contracts in the United States and discusses significant surrogacy litigation that continues to shape the public policy arguments surrounding this issue. Part III provides background on Tennessee’s approach to the right to privacy as well as recent surrogacy case law and legislation. Part IV …
Our Patient System And Health Care Information Technology: Valuable Incentive Or Impediment To Innovation?, Gary Montle, Ryan Levy, Margaret Rowland
Our Patient System And Health Care Information Technology: Valuable Incentive Or Impediment To Innovation?, Gary Montle, Ryan Levy, Margaret Rowland
Belmont Law Review
Patentable inventions have often been transformative, but the pace of such innovation has changed exponentially in the last thirty years. The patent law still seeks to reward ingenuity and nowhere should this maxim be truer than in the area of health information technology. But the pace and scope of changes in that arena have made rewarding that ingenuity with a patent increasingly difficult. The courts have struggled to apply patent laws to technology that is new and novel to a fault. This Article seeks to address how it is possible to continue to reward ingenuity in a field where progress …
For Patients And Profits: Ethical Astuteness And The Business Of Dialysis, Joshua E. Perry
For Patients And Profits: Ethical Astuteness And The Business Of Dialysis, Joshua E. Perry
Belmont Law Review
The view of ethical astuteness introduced and outlined in this paper aims to add value for a firm in the healthcare business – with a particular application to a for-profit organization providing dialysis services – by addressing two chief concerns: A.) The competing priorities between the patient’s interest in the healthcare encounter and the investor’s interest in generating a return on profits; and B.) The vulnerabilities of a financially-conflicted, for-profit healthcare provider to an allegation of medical malpractice.
Restoring The Parameters Of Public Health In A Time Of Hobby Lobby And Ebola: The Case For A Wellness Account, John D. Blum
Restoring The Parameters Of Public Health In A Time Of Hobby Lobby And Ebola: The Case For A Wellness Account, John D. Blum
Belmont Law Review
The genesis of this piece lies in two seemingly unrelated events in law and public health, the governmental response to the Ebola crisis, and the U.S. Supreme Court ruling in Burwell v. Hobby Lobby, sparked by religious objections to certain employer mandates under the Affordable Care Act. While this essay focuses on the Burwell v. Hobby Lobby case and not Ebola, its core premise is that health policy is best served when government authorities focus strategies and responses within the parameters of individual and population concern. This piece will propose an alternative approach to women’s health promotion, a wellness account, …
The Great Tactician: The Chief Justice, Obamacare, And Walking The Tightrope Of Partisan Politics, Katherine H. Blankenship
The Great Tactician: The Chief Justice, Obamacare, And Walking The Tightrope Of Partisan Politics, Katherine H. Blankenship
Belmont Law Review
This note argues that true judicial restraint is a fictional impossibility. Any practice of judicial restraint is at the very same moment an exercise of judicial activism because a judge cannot approach the law from a truly objective, mechanical position. Every judicial opinion is influenced not only by the political and moral vantage point of the judge, but also the judge’s policy and societal concerns. This thesis is illustrated by a case study of National Federation of Independent Business v. Sebelius, and, specifically, Chief Justice Roberts’s opinion regarding the individual mandate and the Medicaid provision of the Affordable Care Act. …
Free Conscience In Decline: The Insignificance Of The Free Exercise Clause And The Role Of The Religious Freedom Restoration Act In The Wake Of Hobby Lobby, John Fahner
Belmont Law Review
Unfortunately, the modern Free Exercise Clause doctrine favors a progressive interpretation concerned more with efficiency and practicality than meaningful protection of conscience. Individual liberty of conscience, once present in the American legal understanding of free exercise, is no longer a concern of the First Amendment. A truly panacean remedy requires an introspective look into the foundations of the Free Exercise Clause and a careful evaluation of the justifications for the jurisprudential departure therefrom. To that end, this note seeks to reinforce the importance and historical understanding of the Free Exercise Clause and highlight the incongruities of the modern doctrine in …