Revisiting Religious Freedom In Dordt V. Burwell, 2015 Dordt University
Revisiting Religious Freedom In Dordt V. Burwell, Donald Roth
Faculty Work Comprehensive List
Posting about a recent opinion handed down from the United States Court of Appeals regarding the "contraceptive mandate", part of the Affordable Care Act (ACA), from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.
http://inallthings.org/revisiting-religious-freedom-in-dordt-v-burwell/
The Role Of Medical Care In Workers' Compensation, 2015 Boston College Law School
The Role Of Medical Care In Workers' Compensation, Dean Hashimoto
Dean M. Hashimoto
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, 2015 Cornell Law School
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Sital Kalantry
The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …
The Minty Taste Of Death: State And Local Options To Regulate Menthol In Tobacco Products, 2015 The Catholic University of America, Columbus School of Law
The Minty Taste Of Death: State And Local Options To Regulate Menthol In Tobacco Products, Michael Freiberg
Catholic University Law Review
Explaining why the additive menthol in tobacco products creates major public health risks, this article advocates for restricting the addition of menthol in cigarettes as a way to reduce smoking-related disease and death. Author Michael Freiberg describes how the decision to regulate menthol in tobacco products, on a federal level, was historically delegated by Congress to the discretion of the U.S. FDA, outlines the U.S. FDA’s subsequent failure to regulate menthol, and surveys state and local government efforts to regulate menthol in response to the FDA’s inaction. The article proposes additional actions that these state and local governments could take …
The Developmental Effect Of State Alcohol Prohibitions At The Turn Of The 20th Century, 2015 Claremont McKenna College
The Developmental Effect Of State Alcohol Prohibitions At The Turn Of The 20th Century, Mary F. Evans, Eric Helland, Jonathan Klick, Ashwin Patel
All Faculty Scholarship
We examine the quasi-randomization of alcohol consumption created by state-level alcohol prohibition laws passed in the U.S. in the early part of the 20th century. Using a large dataset of World War II enlistees, we exploit the differential timing of these laws to examine their effects on adult educational attainment, obesity, and height. We find statistically significant effects for education and obesity that do not appear to be the result of pre-existing trends. Our findings add to the growing body of economic studies that examines the long-run impacts of in utero and childhood environmental conditions.
Regulatory Competitive Shelters, 2015 Georgia State University College of Law
Regulatory Competitive Shelters, Yaniv Heled
Yaniv Heled
This Article identifies an array of seemingly disparate federal exclusivity regimes as belonging to an increasingly prevalent and relatively new class of highly valuable government benefits, which it names “regulatory competitive shelters” (RCSs). It characterizes RCSs and distinguishes them from other, more traditional kinds of government-instituted properties. The Article then proceeds to describe a particular brand of RCSs established in federal statutory frameworks whose aim—much like patents—is to create incentives for technological innovation. Identifying several common motifs of such RCS regimes, the Article offers a taxonomy of these RCSs and describes the mechanisms by which RCSs instituted under such regimes …
The Hidden Ball Trick: Major League Baseball’S Collective Bargaining Agreement Attempts To Hide Tobacco Use By Players, 2015 Willamette University
The Hidden Ball Trick: Major League Baseball’S Collective Bargaining Agreement Attempts To Hide Tobacco Use By Players, Lee N. Gilgan
Lee N Gilgan
No sport has failed to protect its players, fans and the public from tobacco to the degree of Major League Baseball. The statistics of tobacco are shocking, especially within the sport. While some stadiums have made steps toward a remedy, the Collective Bargaining Agreement and State Law need to become the primary source of regulation.
The Aca, Provider Mergers And Hospital Pricing: Experimenting With Smart, Lower-Cost Health Insurance Options, 2015 California Western School of Law
The Aca, Provider Mergers And Hospital Pricing: Experimenting With Smart, Lower-Cost Health Insurance Options, Susan A. Channick
Susan A. Channick
This paper addresses the issue of whether the recent significant uptick in provider mergers and the implementation of the Affordable Care Act have a particularly adverse effect on provider pricing in the commercial insurance market. Uncompetitive provider markets exacerbate already existing high cost issues such as lack of transparency in provider pricing, patient behavior that conflates reputation and quality, and payers’ inability, or at least reluctance, to exclude high-price providers from their networks. The ACA’s incentives for providers to coordinate patient care and hospitals’ revenue losses from reductions in Medicare reimbursement create further rationales for consolidation. The burden of finding …
Section 8: Looking Ahead: Abortion And The Aca Contraception Mandate, 2015 William & Mary Law School
Section 8: Looking Ahead: Abortion And The Aca Contraception Mandate, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Cms’ Proposed Changes To The Two-Midnight Rule: Partial Restoration Of Medical Judgment, 2015 University of Georgia Main Campus
Cms’ Proposed Changes To The Two-Midnight Rule: Partial Restoration Of Medical Judgment, Elizabeth Weeks Leonard
Popular Media
On July 1, 2015, the Centers for Medicare and Medicaid Services (CMS) announced proposed changes to the controversial Two-Midnight Rule. This payment rule clarifies the circumstances under which Medicare will consider a given hospital stay to be an inpatient service (and therefore reimbursable at a higher rate under Medicare Part A), versus an outpatient service (and therefore reimbursable at a lower rate under Part B). From the Health Affairs Blog, September 1, 2015.
Griswold, Geduldig, And Hobby Lobby: The Sex Gap Continues, 2015 American University Washington College of Law
Griswold, Geduldig, And Hobby Lobby: The Sex Gap Continues, Maya Manian
Articles in Law Reviews & Other Academic Journals
In her article, The (Non)-Right to Sex, Professor Mary Ziegler excavates the fascinating legal history of the “sex gap” — the historical failure to address sexual liberty — in the constitutional canon and offers an important cautionary tale for contemporary advocacy of marriage equality. By surfacing lost efforts to expand sexual liberty, and by linking that liberty to intersectional concerns about class, gender, and racial equality, Professor Ziegler both explains why sexual freedom has received such limited constitutional protection and shows how incrementalist litigation strategies aimed at progressive legal change have inadvertently strengthened the state’s power to delimit sexual expression. …
Whose Genome Is It Anyway?: Re-Identification And Privacy Protection In Public And Participatory Genomics, 2015 University of San Diego
Whose Genome Is It Anyway?: Re-Identification And Privacy Protection In Public And Participatory Genomics, Sejin Ahn
San Diego Law Review
This Comment advocates for a comprehensive solution to achieve the balance between privacy rights and availability of information. In particular, a strong ban on malicious re-identification and broader anti-discrimination and privacy legislation are necessary to ensure the participants' privacy protection and encourage participation in genomics projects. In addition, the scientific community should establish data standards that can aid in implementation of protective measures to minimize privacy violations. Part II provides an overview of recent developments in genomic technologies and public and participatory genomics. Part III summarizes the privacy issues present in public genomics. Part IV reviews current legislation on genetic …
Diagnostics Need Not Apply, 2015 University of Michigan Law School
Diagnostics Need Not Apply, Rebecca S. Eisenberg
Articles
Diagnostic testing helps caregivers and patients understand a patient's condition, predict future outcomes, select appropriate treatments, and determine whether treatment is working. Improvements in diagnostic testing are essential to bringing about the long-heralded promise of personalized medicine. Yet it seems increasingly clear that most important advances in this type of medical technology lie outside the boundaries of patent-eligible subject matter. The clarity of this conclusion has been obscured by ambiguity in the recent decisions of the Supreme Court concerning patent eligibility. Since its 2010 decision in Bilski v. Kappos, the Court has followed a discipline of limiting judicial exclusions from …
Moderator And Panelist, The Affordable Care Act After King V. Burwell: What's Next?, 2015 Boston College Law School
Moderator And Panelist, The Affordable Care Act After King V. Burwell: What's Next?, Dean Hashimoto
Dean M. Hashimoto
The Affordable Care Act After King V. Burwell: What's Next?, 2015 Selected Works
The Affordable Care Act After King V. Burwell: What's Next?, Patricia Mccoy
Patricia A. McCoy
International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, 2015 University of Florida Levin College of Law
International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston Nagan
Winston P Nagan
This Article examines the question of access to patented medicines in international law. It analyzes the extent to which international agreements may lawfully limit affordable versions of these medicines that may be available through parallel imports or compulsory licensing procedures. It considers the concept of intellectual property rights from a national and international perspective to determine how these rights must be sensitive to matters of national sovereignty when extraordinary, life-threatening diseases afflict societies in catastrophic ways. This Article suggests that viewing property (including intellectual property) as a human right requires that its scope be delimited and understood in the context …
Health Care And The Balance Billing Problem: The Solution Is The Common Law Of Contracts And Strengthening The Free Market For Health Care., 2015 Lehigh University
Health Care And The Balance Billing Problem: The Solution Is The Common Law Of Contracts And Strengthening The Free Market For Health Care., George A. Nation Iii
George A Nation III
A large and growing group of insured patients is being unfairly burdened by hospitals’ exorbitant chargemaster prices. The burden is brought to bear on these patients through a process known as balance billing. For a variety of reasons hospital networks are becoming narrower as hospital systems contract with fewer insurers, and as a result, more and more patients are receiving balance bills. The practice of balance billing puts upward pressure on health care prices in general. That is, this practice leads to higher prices across the board for the uninsured, the out-of-network insured and even the in-network insured. This article …
Private Investment And Public Health, 2015 Arizona State University
Private Investment And Public Health, David Gartner
Georgia Journal of International & Comparative Law
Related to Georgia Journal of International and Comparative Law Conference: The New Roles of Corporations in Global Governance
How Has The Affordable Care Act Benefitted Medically Underserved Communities? : National Findings From The 2014 Community Health Centers Uniform Data System, 2015 George Washington University
How Has The Affordable Care Act Benefitted Medically Underserved Communities? : National Findings From The 2014 Community Health Centers Uniform Data System, Jessica Sharac, Peter Shin, Sara J. Rosenbaum
Geiger Gibson/RCHN Community Health Foundation Research Collaborative
Community health centers represent the single largest comprehensive primary health care system serving medically underserved communities, operating in more than 9,000 urban and rural locations. Newly-released data for 2014 from the Uniform Data System (UDS; the federal health center reporting system) shed important light on the impact of the Affordable Care Act in its first full year of implementation in medically underserved urban and rural communities across the U.S. These communities experience elevated poverty, heightened health risks, lack of access to primary health care, and a significantly greater likelihood that residents will be uninsured.
The UDS data show the ACA’s …
Reforming The Mental Health Law Of Ohio, 2015 The University of Akron
Reforming The Mental Health Law Of Ohio, James K. Feldman
Akron Law Review
IT WAS A COLD, SNOWY DAY toward the end of November, 1859. C. P. Wolcott, one of Akron's prominent attorneys, bundled up on the seat of his "buckboard," was driving his team all about town, trying to obtain affidavits from various citizens of his community who could testify to his client's mad delusions, and thereby save him from execution for charges arising from his attempt to seize the federal army arsenal at Harper's Ferry, Virginia, the previous October 16th. John Brown, married and the father of 20 children, was sentenced to be hanged on December 2nd. The client sincerely believed …