Health Law and Policy Commons^™

Liberty University V. Geithner - Appelants' Reply Brief, Liberty University

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Un Women: Keeping The Gender Equality Flag Flying, Ufuoma Barbara Akpotaire

Ufuoma Barbara Akpotaire

A couple of weeks ago, I blogged about my dinner with Marie Wilson and about the role of women in International Economic Development. In keeping with that theme, I was excited to read about the launch of U.N. Women on Thursday last week.

What is U.N. Women you might ask, and why do we need another agency pushing for gender equality? It is pretty simple actually. What U.N. Women does is that it combines four pre-existing U.N. agencies into one task force, i.e. the U.N. Development Fund for Women (UNIFEM), the Division for the Advancement of Women (DAW), the Office …

Owning Omega-3: Monsanto And The Invention Of Meat, Matthew Rimmer

Matthew Rimmer

In August of 2010, Anna Salleh of the Science Unit of the Australian Broadcasting Corporation broke a story about Monsanto seeking to patent the enhancement of meat, including omega-3 fatty acids:‘Enhanced port is sparking debate over the ethics of placing patents on food. Patent applications covering the enhancement of meat, including pork with omega-3 fatty acids, are stimulating debate over the ethics and legalities of claiming intellectual property over food. Monsanto has filed patents that cover the feeding of animals soybeans, which have been genetically modified by the company to contain stearidonic acid (SDA), a plant-derived omega-3 fatty acid... Omega-3s …

Healing Medicare Hospital Recidivism: Causes And Cures, Ann Marie Marciarille

Faculty Works

The role of Medicare in our national market for acute care hospital services is that of a power buyer. Medicare beneficiaries in 2008 included some 45.2 million people. Total benefits paid in 2008 were $462 billion, including 29% of all hospital spending.2 Medicare’s dominance in the buyer’s market for acute care hospital beds renders the program particularly well-suited to scrutinize the role of acute care hospital services in producing effective and efficient outcomes for Medicare beneficiaries. "[I]f there are to be far-reaching changes in the way medicine is practiced in this country, Medicare will have to drive them." It is …

Introduction Of Speakers At The Aals Hot Topic Panel Discussion On January 7, 2011, Brad Joondeph

Mercer Law Review

There are currently about twenty cases being litigated in the lower federal courts that challenge-in some way, shape, or form-the constitutionality of the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010, also affectionately known as the ACA or "Obamacare." Thus far, three district courts have dispositively ruled on the merits of the constitutional challenges: one from the Western District of Virginia, one from the Eastern District of Virginia, and one from the Eastern District of Michigan. So we now have three cases that are essentially in the courts of appeals. …

Turning Citizens Into Subjects: Why The Health Insurance Mandate Is Unconstitutional, Randy E. Barnett

Mercer Law Review

In 2010 something happened in this country that has never happened before: Congress required that every person enter into a contractual relationship with a private company. I realize that writers make lots of factual claims that readers are wise to be skeptical about. I can prove, however, that an economic mandate like this one is unprecedented. If this mandate had ever happened before, everyone reading this passage would know all the contracts the federal government requires them to make, upon pain of a penalty enforced by the Internal Revenue Service (IRS). No reader, however, can recite any such mandate and …

A Defense Of The Constitutionality Of The Individual Mandate, Erwin Chemerinsky

Mercer Law Review

Under current constitutional law, I do not think this is a close question. It is quite clear that this law is constitutional because it exercises Congress's power. Lest this be taken as the observation of a liberal law professor, Charles Fried-whom no one would call a liberal law professor, former Solicitor General in the Bush Administration-said on Fox television that he had recently been to Australia and purchased a kangaroo hat, and he would eat that hat if the Supreme Court were to declare this law unconstitutional. While I do not find a hat made out of kangaroo skins to …

Health Care Reform, The Spending Clause, And Dole's Restrictions, David G. Oedel

Mercer Law Review

I am here to discuss a constitutional problem with the Health Care Reform Act" that so far has gotten little attention and that has not yet been discussed by our other panelists. The question is whether the federal government's expansion of Medicaid is a coercive exercise of federal power in violation of the Spending Clause of the United States Constitution." This is one of the two main arguments being pressed by the twenty states87 in the Florida litigation challenging the constitutionality of health care reform." It is an argument that I think you're likely to hear more of in the …

Defense Of The Constitutionality Of Health Care Reform, Gillian Metzger

Mercer Law Review

Along with the others, I want to thank David for organizing this panel. The great advantage of going last is that the terms of the debate over the Affordable Care Act's constitutionality have been established by the other panelists. As a result, I am going to target my remarks on a few key points, rather than walk through a full dress review of some of the arguments. Like the others, my focus is on existing doctrine. I completely agree with Dean Chemerinsky in thinking that the Supreme Court is not going to change the key parameters of existing analysis, but …

Crossing The Constitutional Line In Spending From Persuasion To Compulsion: A Reply To Gillian Metzger, David G. Oedel

Mercer Law Review

In her remarks at the 2011 Annual Meeting of the Association of American Law Schools (AALS), Professor Gillian Metzger of Columbia University Law School offered an interesting critique of the Spending Clause claim now being pursued by a majority of the states in the United States in the constitutional challenge to health care reform. The states claim that the changes to Medicaid are beyond the power of Congress to effect constitutionally under the Spending Clause of the United States Constitution because the changes are coercive and also violate the "general restrictions" identified by the Supreme Court of the United States …

Aals Hot Topic Panel Question & Answer Session

Mercer Law Review

No abstract provided.

Integrated Approaches To Improving The Health And Safety Of Health Care Workers, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

The Slings And Arrows Of Outrageous Fortune: Can You 'Lose' The Lottery But Still Win?, Mary J. Shariff, Darcy L. Macpherson

Mary J. Shariff

This article discusses potential legal arguments that can be made for a lottery player in a seemingly hopeless situation: buying a winning lottery ticket immediately before the deadline, only to find out that the ticket was mistakenly dated for the next week’s draw. Although the lottery rules and regulations and the courts’ interpretation thereof are strongly slanted against lottery players, the authors nevertheless argue that a consistent and coherent application of traditional contact law principles could favor the claimant. They note that Canadian courts have rarely been consistent in their application of contract law to lottery situations, with courts sometimes …

Hiv And Women: Incongruent Policies, Criminal Consequences, Aziza Ahmed

Aziza Ahmed

The new agency UN WOMEN must play an active role in the standardization of laws and policies at the global and national level where their incongruence has negative and often criminal consequences for the health and lives of women and girls. This article focuses in on three such examples: opt-out testing for HIV, criminalization of vertical transmission, and the new World Health Organization guidelines on breastfeeding.

Virginia V. Sebelius - U.S. Brief For Appellant, U.S. Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.

The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan

Working Paper Series

Randy Barnett has recently argued that the individual mandate is unconstitutional because it is an improper regulation under the Necessary and Proper Clause (in conjunction with the Commerce Clause) because it improperly "commandeers" the people and thereby violates their sovereignty. In this paper, I counter that the argument from sovereignty is unavailing because it is, among other defects, hopelessly ambiguous. The variety of historically attested meanings of "sovereignty" renders the concept useless for purposes of answering questions of comparative authority, including the authority of the Congress to mandate that individuals purchase health insurance from a private market. There is no …

Seven-Sky V. Holder - District Court Opinion, United States District Court For The District Of Columbia

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Liberty University V. Geithner - U.S. Brief For Appellees, Timothy Geithner

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Environmental Problems Of Industrialization And Sustainable Development In Nigeria - A Review, Adejoh Iyaji

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

The main objective of this paper is to examine the impact of the quest for industrialization on the environment in Nigeria; others include, the identification of the objectives of sustainable development as well as making recommendations that will lead to the much needed sustainable environment both for the present generation and generations yet unborn. The researcher relied principally on secondary sources of data for this paper which is theoretical in approach. Findings revealed the emergence of a host of environmental problems such as air pollution, deforestation, desertification, solid and hazardous waste problems in the wake of the quest for industrialization. …

Virginia V. Sebelius - Virginia's Petition For Writ Of Certiorari, Commonwealth Of Virginia

Patient Protection and Affordable Care Act Litigation

No abstract provided.