Health Law Commons™
Open Access. Powered by Scholars. Published by Universities.™
75 Institutions 3,047 Full-Text Articles 2,349 Authors 661,733 Downloads
Recent Articles in Health Law
Advancing The Right To Health Through Global Organizations: The Potential Role Of A Framework Convention On Global Health, Eric A. Friedman, Lawrence O. Gostin, Kent Buse
Georgetown University Law Center
Advancing The Right To Health Through Global Organizations: The Potential Role Of A Framework Convention On Global Health, Eric A. Friedman, Lawrence O. Gostin, Kent Buse
Georgetown Law Faculty Publications and Other Works
Organizations, partnerships, and alliances form the building blocks of global governance. Global health organizations thus have the potential to play a formative role in determining the extent to which people are able to realize their right to health.
This article examines how major global health organizations, such as WHO, the Global Fund to Fight AIDS, TB and Malaria, UNAIDS, and GAVI approach human rights concerns, including equality, accountability, and inclusive participation. We argue that organizational support for the right to health must transition from ad hoc and partial to permanent and comprehensive.
Drawing on the literature and our knowledge of ...
If A Right To Health Care Is Argued In The Supreme Court, Does Anybody Hear It?, W. David Koeninger
Maurer School of Law: Indiana University
If A Right To Health Care Is Argued In The Supreme Court, Does Anybody Hear It?, W. David Koeninger
Indiana Journal of Law and Social Equality
No abstract provided.
When Congress Practices Medicine: How Congressional Legislation Of Medical Judgment May Infringe A Fundamental Right, Shannon L. Pedersen
Touro College Jacob D. Fuchsberg Law Center
When Congress Practices Medicine: How Congressional Legislation Of Medical Judgment May Infringe A Fundamental Right, Shannon L. Pedersen
Touro Law Review
No abstract provided.
The Effect Of Any Willing Provider And Freedom Of Choice Laws On Health Care Expenditures, Jonathan Klick, Joshua D. Wright
University of Pennsylvania Law School
The Effect Of Any Willing Provider And Freedom Of Choice Laws On Health Care Expenditures, Jonathan Klick, Joshua D. Wright
Faculty Scholarship
Any Willing Provider and Freedom of Choice laws restrict the ability of managed care entities, including pharmacy benefit managers, to selectively contract with providers. The managed care entities argue this limits their ability to generate cost savings, while proponents of the laws suggest that such selective contracts limit competition, leading to an increase in aggregate costs. We examine the effect of state adoption of such laws on total state healthcare spending, finding that any willing provider/freedom of choice laws are associated with cost increases of at least 3 percent. These results suggest that these laws are harmful from a ...
Towards A Framework Convention On Global Health: A Transformative Agenda For Global Health Justice, Lawrence O. Gostin, Eric A. Friedman
Georgetown University Law Center
Towards A Framework Convention On Global Health: A Transformative Agenda For Global Health Justice, Lawrence O. Gostin, Eric A. Friedman
Georgetown Law Faculty Publications and Other Works
International law has responded weakly to the inequities in health care, public health, and the broader determinates of health that collectively cause the greatest loss of lives and human potential every year. Approximately one-third of global deaths can be attributed to enduring and unconscionable inequities. Despite significant progress in improving global health over the past several decades, these inequities persist. Current global governance for health is inadequate to the task of resolving these inequities, from lack of accountability and enforcement to inadequate funding and the absence of leadership required to respond to the threats to health that arise from other ...
Migrant Farmworkers And Access To Health Care In Minnesota: Needs, Barriers, And Remedies, Rachel L. Gunsalus
Macalester College
Migrant Farmworkers And Access To Health Care In Minnesota: Needs, Barriers, And Remedies, Rachel L. Gunsalus
Honors Projects
Every year, migrant farmworkers (MFWs) travel from southern Texas to Minnesota to provide the temporary labor needed to harvest seasonal Minnesotan crops. Migratory agricultural labor exposes workers to increased risk of occupational hazards, communicable disease, and chronic illness. However, the agricultural industry does not offer employer-based health insurance to these seasonal workers, and provides wages insufficient to otherwise cover the cost of health care services. This research investigates the financial and non-financial barriers to health care for Minnesota’s MFWs through interviews with staff from Migrant Health Service, Inc., the only federally-designated Migrant Health Center (MHC) in Minnesota. The findings ...
Innovation Incentives Or Corrupt Conflicts Of Interest? Moving Beyond Jekyll And Hyde In Regulating Biomedical Academic-Industry Relationships, Patrick L. Taylor
Yale Law School
Innovation Incentives Or Corrupt Conflicts Of Interest? Moving Beyond Jekyll And Hyde In Regulating Biomedical Academic-Industry Relationships, Patrick L. Taylor
Yale Journal of Health Policy, Law, and Ethics
The most contentious, unresolved issue in biomedicine in the last twenty-five years has been how to best address compensated partnerships between academic researchers and the pharmaceutical industry. Law and policy deliberately promote these partnerships through intellectual property law, research funding programs, and drug and device approval pathways while simultaneously condemning them through conflict-of-interest (COI) regulations. These regulations have not been subjected to the close scrutiny that is typically utilized in administrative law to evaluate and improve regulatory systems. This Article suggests that the solution to this standoff in biomedical law and policy lies in an informed, empirical approach. Such an ...
Are Independent Pharmacies In Need Of Special Care? An Argument Against An Antitrust Exemption For Collective Negotiations Of Pharmacists, Danielle B. Rosenthal
Yale Law School
Are Independent Pharmacies In Need Of Special Care? An Argument Against An Antitrust Exemption For Collective Negotiations Of Pharmacists, Danielle B. Rosenthal
Yale Journal of Health Policy, Law, and Ethics
The last half-century has witnessed a dramatic rise in both health care spending and associated efforts to rein in costs. As these factors and others coalesced, the “managed care revolution” was born. In the last several decades, health maintenance organizations (HMOs) — along with other managed care organizations (MCOs), such as preferred provider organizations (PPOs), point of service (POS) plans, and managed indemnity plans — have attempted to balance patients’ quality of care against steadily rising health care costs. Although insurers greatly have improved access to care, they have faced sharp criticism from health care providers. Physicians and pharmacists, in particular, have ...
The Origins Of American Health Libertarianism, Lewis A. Grossman
Yale Law School
The Origins Of American Health Libertarianism, Lewis A. Grossman
Yale Journal of Health Policy, Law, and Ethics
This Article examines Americans’ enduring demand for freedom of therapeutic choice as a popular constitutional movement originating in the United States’ early years. In exploring extrajudicial advocacy for therapeutic choice between the American Revolution and the Civil War, this piece illustrates how multiple concepts of freedom in addition to bodily freedom bolstered the concept of a constitutional right to medical liberty. There is a deep current of belief in the United States that people have a right to choose their preferred treatments without government interference. Modern American history has given rise to movements for access to abortion, life-ending drugs, unapproved ...
Towards A Framework Convention On Global Health: A Transformative Agenda For Global Health Justice, Lawrence O. Gostin, Eric A. Friedman
Yale Law School
Towards A Framework Convention On Global Health: A Transformative Agenda For Global Health Justice, Lawrence O. Gostin, Eric A. Friedman
Yale Journal of Health Policy, Law, and Ethics
Global health inequities cause nearly 20 million deaths annually, mostly among the world’s poor. Yet international law currently does little to reduce the massive inequalities that underlie these deaths. This Article offers the first systematic account of the goals and justifications, normative foundations, and potential construction of a proposed new global health treaty, a Framework Convention on Global Health (FCGH), grounded in the human right to health. Already endorsed by the United Nations Secretary-General, the FCGH would reimagine global governance for health, offering a new, post-Millennium Development Goals vision. A global coalition of civil society and academics has formed ...
Better Health, But Less Justice: Widening Health Disparities After National Federation Of Independent Business V. Sebelius, Emily W. Parento, Lawrence O. Gostin
Georgetown University Law Center
Better Health, But Less Justice: Widening Health Disparities After National Federation Of Independent Business V. Sebelius, Emily W. Parento, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
At the time it was enacted in 2010, the Patient Protection and Affordable Care Act (ACA) was widely applauded by health activists, as it meant that the United States would at last join the overwhelming majority of industrialized countries in providing its population with guaranteed access to affordable health care. Roughly half of the increase in access to health insurance was to come from the expansion of Medicaid eligibility to all U.S. citizens and legal residents with income below 138% of the Federal Poverty Level. However, the Supreme Court’s 2012 ruling in National Federation of Independent Business v ...
Mid-Atlantic Ethics Committee Newsletter, Spring 2013
University of Maryland Francis King Carey School of Law
Mid-Atlantic Ethics Committee Newsletter, Spring 2013
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
International Organ Trafficking Crisis: Solutions Addressing The Heart Of The Matter, Emily Kelly
Boston College Law School
International Organ Trafficking Crisis: Solutions Addressing The Heart Of The Matter, Emily Kelly
Boston College Law Review
The grave inadequacy of current international attempts to curtail organ trafficking signals the need for a new approach in the form of a fundamental paradigm shift. Instead of continuing to focus efforts solely on criminalization, countries must devise a broad scheme aimed at decreasing organ shortages. These shortages fuel the illegal organ market, as people desperate for life-saving transplants travel internationally to purchase organs. Until the demand for this underground market subsides, traffickers will continue to exploit inconsistent legal loopholes in different countries by hopping across borders. To effectively address this problem, the international community must craft a new binding ...
A Long Way From Home: Restrictions On Federal Funding Of Abortions For Peace Corps Volunteers, Eliza T. Murray
Boston College Law School
A Long Way From Home: Restrictions On Federal Funding Of Abortions For Peace Corps Volunteers, Eliza T. Murray
Boston College Journal of Law & Social Justice
Since 1979, Congress has prohibited the Peace Corps from funding Volunteer abortions even in cases of rape, incest, or endangerment of the Volunteer’s life. This approach directly contrasts with domestic abortion policies, such as Medicaid and those in federal prisons, which contain funding exceptions in these dire circumstances. Affording female Peace Corps Volunteers the same rights enjoyed by other federal employees who receive health care from the government should be uncontroversial. Domestic appropriations politics, however, cloud the focus of this policy, which should be Volunteer health and safety, and thwart efforts for legislative change. Meanwhile, Female Volunteers risk their ...
A Toxic Mouthful: The Misalignment Of Dental Mercury Regulations, Kaitlin McGrath
Boston College Law School
A Toxic Mouthful: The Misalignment Of Dental Mercury Regulations, Kaitlin Mcgrath
Boston College Journal of Law & Social Justice
Mercury amalgam dental fillings have been used for over one hundred and fifty years in hundreds of millions of patients around the world. In the past two decades, scientific evidence has shown that mercury fillings have harmful effects on human health. Still, the American Dental Association maintains the position that mercury fillings are safe and should continue to be used without warning requirements. Although the Occupational Safety and Health Administration promulgated regulations to protect dentists and other dental workers from mercury exposure, the Food and Drug Administration has yet to provide similar protections to dental patients. Additionally, because Medicaid does ...
The Likely Impact Of National Federation On Commerce Clause Jurisprudence, Robert J. Pushaw Jr., Grant S. Nelson
Pepperdine University
The Likely Impact Of National Federation On Commerce Clause Jurisprudence, Robert J. Pushaw Jr., Grant S. Nelson
Pepperdine Law Review
In National Federation of Independent Businesses v. Sebelius, the Supreme Court exhaustively analyzed Congress’s constitutional power to enact the watershed Patient Protection and Affordable Care Act (ACA or “Obamacare”). The ACA imposes a “shared responsibility requirement,” popularly known as the “Individual Mandate” (IM), which forces Americans to buy medical insurance or pay a “penalty.” The ACA’s text and legislative history, as well as the public defenses of it by President Obama and his supporters, consistently described the IM as a valid exercise of Congress’s power “[t]o regulate Commerce . . . among the several States.” This reliance on the ...
Using Clinical Practice Guidelines And Knowledge Translation Theory To Cure The Negative Impact Of The National Hospital Peer Review Hearing System On Healthcare Quality, Cost, And Access, Katharine Van Tassel
Pepperdine University
Using Clinical Practice Guidelines And Knowledge Translation Theory To Cure The Negative Impact Of The National Hospital Peer Review Hearing System On Healthcare Quality, Cost, And Access, Katharine Van Tassel
Pepperdine Law Review
According to an estimate by the Institute of Medicine made over a decade ago, treatment errors in hospitals alone caused 98,000 deaths yearly. This Institute of Medicine report is proving to be conservative. A recent Consumer Reports investigation came to the conclusion that “[m]ore than 2.25 million Americans will probably die from medical harm this decade…. That’s like wiping out the entire populations of North Dakota, Rhode Island, and Vermont. It’s a manmade disaster.” Thus, it appears that the three major systems in the United States that are designed to improve the quality of patient ...
Making Contraception Easier To Swallow: Background And Religious Challenges To The Hhs Rule Mandating Coverage Of Contraceptives, Chad Brooker
University of Maryland Francis King Carey School of Law
Making Contraception Easier To Swallow: Background And Religious Challenges To The Hhs Rule Mandating Coverage Of Contraceptives, Chad Brooker
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann
University of Maryland Francis King Carey School of Law
Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Newsletter Spring/Summer 2013
University of Maryland Francis King Carey School of Law
Popular Institutions
Popular Authors
Based on downloads this month
Popular Articles
Doctors, Apologies, And The Law: An Analysis And Critique Of Apology Laws, Marlynn Wei
The Human Rights Of Persons With Mental Disabilities: A Global Perspective On The Application Of Human Rights Principles To Mental Health, Lawrence Gostin
Fundamentos Del Derecho Procesal Civil
Health Care And The Illegal Immigrant, Patrick Glen
Ethical Principles For The Conduct Of Human Subject Research: Population-Based Research And Ethics, Lawrence Gostin
The Girl Who Cried Pain: A Bias Against Women In The Treatment Of Pain, Diane Hoffmann, Anita Tarzian
Based on downloads this month