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Conscience And Complicity: Assessing Pleas For Religious Exemptions In Hobby Lobby's Wake, Amy Sepinwall 2015 University of Pennsylvania

Conscience And Complicity: Assessing Pleas For Religious Exemptions In Hobby Lobby's Wake, Amy Sepinwall

Amy J. Sepinwall

In the paradigmatic case of conscientious objection, the objector claims that his religion forbids him from actively participating in a wrong (e.g., by fighting in a war). In the religious challenges to the Affordable Care Act’s employer mandate, on the other hand, employers claim that their religious convictions forbid them from merely subsidizing insurance through which their employees might commit a wrong (e.g., by using contraception). The understanding of complicity underpinning these challenges is vastly more expansive than what standard legal doctrine or moral theory contemplates. Courts routinely reject claims of conscientious objection to taxes that fund ...


Filling In The Blanks On Reducing Tobacco Product Addictiveness In The Fctc Partial Guidelines For Articles 9 & 10, Eric N. Lindblom 2014 Georgetown University Law Center

Filling In The Blanks On Reducing Tobacco Product Addictiveness In The Fctc Partial Guidelines For Articles 9 & 10, Eric N. Lindblom

Georgetown Law Faculty Publications and Other Works

The existing Partial Guidelines for Implementation of Articles 9 & 10 of the WHO Framework Convention for Tobacco Control includes a strategy for regulating tobacco products to reduce their attractiveness, but does not yet provide any guidance for reducing either the toxicity or the addictiveness of tobacco products. Section 1.2.1.2, “Addictiveness (dependence liability),” states only that: “This section has been left blank intentionally to indicate that guidance will be proposed at a later stage.” A related footnote says that the blanks will be filled “as new country experience, and scientific, medical and other evidence become available. . . [and] will ...


Workshop Democracy: Making Policy In Cote D'Ivoire, Max Levin 2014 SelectedWorks

Workshop Democracy: Making Policy In Cote D'Ivoire, Max Levin

Max Levin

Development experts would benefit from a better understanding of how policy is made in developing countries. In this article, I describe how health policy is made in Cote d’Ivoire, from the perspective of a Westerner embedded in the Ministry of Health for 10 months. I provide a narrative of how one health system reform—performance-based financing—moved from policy idea to enacted reform. I describe the origins of the reform in Cote d’Ivoire, how the government came to support the reform, and then the mechanics of how the reform was enacted. I then present observations on how policymaking ...


The Opioid-Dependent Criminal: Improving The Criminal Justice System To Account For Their Needs, Courtney E. Priolo 2014 SelectedWorks

The Opioid-Dependent Criminal: Improving The Criminal Justice System To Account For Their Needs, Courtney E. Priolo

Courtney E Priolo

Over the past twenty-five years national concern over the drug-crime relationship has been increasing. This increase has led to growth of criminal justice penalties as opposed to therapeutic approaches such as medication-assisted treatment, resulting in an expansion of the drug-involved criminal justice population. Individuals who are opioid-dependent are vulnerable at the time of arrest, and at the time of their initial detention due to their chemical dependence and impairment of their neurocognitive functioning. The denial of medication to inmates in order to alleviate withdrawal symptoms is stigmatizing, punishing, and potentially life-threatening. This article argues that medication-assisted treatment for the criminal ...


The Pursuit Of Chapter 415 Neglect Or Abuse Of A Vulnerable Adult Claims By Patients Against Hospitals In Florida, Stephen Smith 2014 SelectedWorks

The Pursuit Of Chapter 415 Neglect Or Abuse Of A Vulnerable Adult Claims By Patients Against Hospitals In Florida, Stephen Smith

Stephen Smith

Florida law provides statutory causes of action for medical malpractice (Chapter 766, Florida Statutes) and neglect of a vulnerable adult (Chapter 415). This article addresses (i) whether a Chapter 415 neglect of a vulnerable adult claim is an available remedy for a patient to pursue recovery against a hospital and (ii), if so, what actions by the hospital or its staff can serve as a foundation for a patient’s Chapter 415 claim. It concludes patients may be able to pursue such claims, but the claims cannot be based on allegations of medical negligence. However, Florida caselaw interprets virtually any ...


Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek

Touro Law Review

No abstract provided.


Mutual Pharmaceutical Co. V. Bartlett: A Need For “Explicit” Congressional Action And State Tort Law Reform, Kara A. Ritter 2014 SelectedWorks

Mutual Pharmaceutical Co. V. Bartlett: A Need For “Explicit” Congressional Action And State Tort Law Reform, Kara A. Ritter

Kara A Ritter

No abstract provided.


Child Obesity As A Child Protection Concern In The United States And The United Kingdom: A Proposed Framework, Victoria Elissa Garel 2014 University of Georgia School of Law

Child Obesity As A Child Protection Concern In The United States And The United Kingdom: A Proposed Framework, Victoria Elissa Garel

Georgia Journal of International & Comparative Law

No abstract provided.


The Problem With Value-Based Purchasing, Craig B. Garner 2014 Pepperdine University

The Problem With Value-Based Purchasing, Craig B. Garner

Craig B. Garner

From its inception on October 1, 2012, the Hospital Value-Based Purchasing (“VBP”) Program shifted Medicare’s paradigm to emphasize performance over costs in determining hospital reimbursement. Reducing the overall Medicare reimbursement to hospitals by an estimated $1.4 billion for Fiscal Year (“FY”) 2015, the VBP Program was quick to secure the attention of the nation’s health care providers. Technically “budget neutral,” the VBP Program will return this same $1.4 billion to hospitals the following year in the form of performance incentives. As the Federal Government waits to assess the accuracy of its prediction, the FY 2015 reduction ...


No Small Feat: Who Won The Health Care Case (And Why Did So Many Law Professors Miss The Boat)?, Randy E. Barnett 2014 University of Florida Levin College of Law

No Small Feat: Who Won The Health Care Case (And Why Did So Many Law Professors Miss The Boat)?, Randy E. Barnett

Florida Law Review

In this Essay, prepared as the basis for the 2013 Dunwody Distinguished Lecture in Law at the University of Florida Levin College of Law, I describe five aspects of the United States Supreme Court’s decision in National Federation of Independent Business v. Sebelius that are sometimes overlooked or misunderstood: (1) the Court held that imposing economic mandates on the people was unconstitutional under the Commerce and Necessary and Proper Clauses; (2) Chief Justice John Roberts’s reasoning was the holding in the case, whether viewed from a formalist or a realist perspective; (3) the Court did not uphold the ...


Just As Fragile As A Patient, Craig B. Garner 2014 Pepperdine University

Just As Fragile As A Patient, Craig B. Garner

Craig B. Garner

The American hospital has evolved greatly over the past 100 years, from the almshouse once visited mainly by the desolate and poor as a last resort to that enigmatic, cutting edge institution which today forms the foundation of modern American health care. Advances in technology and medical science have transformed what were once terminal illnesses into minor health inconveniences, with the real battles against serious health threats typically occurring inside the four walls of a patient’s local hospital.


The Hybrid Horseman Of The Apocalypse: The Global Aids Pandemic & The North-South Fracas, J.M. Spectar 2014 University of Georgia School of Law

The Hybrid Horseman Of The Apocalypse: The Global Aids Pandemic & The North-South Fracas, J.M. Spectar

Georgia Journal of International & Comparative Law

No abstract provided.


Public Health And The Tobacco Problem: International Legal Implications For Africa, William Onzivu 2014 University of Georgia School of Law

Public Health And The Tobacco Problem: International Legal Implications For Africa, William Onzivu

Georgia Journal of International & Comparative Law

No abstract provided.


The Basel Convention And The Need For United States Implementation, Rebecca A. Kirby 2014 University of Georgia School of Law

The Basel Convention And The Need For United States Implementation, Rebecca A. Kirby

Georgia Journal of International & Comparative Law

No abstract provided.


Comment On The Proposed Definition Of “Eligible Organization” For Purposes Of Coverage Of Certain Preventative Services Under The Affordable Care Act, Lyman P. Q. Johnson, David K. Millon, Stephen M. Bainbridge, Ronald J. Colombo, Brett McDonnell, Alan J. Meese, Nathan B. Oman 2014 Washington and Lee University School of Law

Comment On The Proposed Definition Of “Eligible Organization” For Purposes Of Coverage Of Certain Preventative Services Under The Affordable Care Act, Lyman P. Q. Johnson, David K. Millon, Stephen M. Bainbridge, Ronald J. Colombo, Brett Mcdonnell, Alan J. Meese, Nathan B. Oman

Faculty Scholarship

In late August 2014, after suffering a defeat in the Supreme Court Hobby Lobby decision when the Court held that business corporations are “persons” that can “exercise religion,” the Department of Health and Human Services (“HHS”) proposed new rules defining “eligible organizations.” Purportedly designed to accommodate the Hobby Lobby ruling, the proposed rules do not comport with the reasoning of that important decision and they unjustifiably seek to permit only a small group of business corporations to be exempt from providing contraceptive coverage on religious grounds. This comment letter to the HHS about its proposed rules makes several theoretical and ...


Is The United States Prepared For Ebola?, Lawrence O. Gostin, James G. Hodge Jr., Scott Burris 2014 Georgetown University Law Center

Is The United States Prepared For Ebola?, Lawrence O. Gostin, James G. Hodge Jr., Scott Burris

Georgetown Law Faculty Publications and Other Works

The West African Ebola epidemic is a humanitarian crisis and a threat to international security. It is not surprising that isolated cases have emerged in Europe and North America, but a large outbreak in the United States, with its advanced health system, is unlikely. Yet the handling of the first domestically diagnosed Ebola case in Dallas, Texas, raised concerns about national public health preparedness. What were the critical health system vulnerabilities revealed in Dallas, and how can the country respond more effectively to novel diseases in a globalized world?


Ebola: A Crisis In Global Health Leadership, Lawrence O. Gostin, Eric A. Friedman 2014 Georgetown University Law Center

Ebola: A Crisis In Global Health Leadership, Lawrence O. Gostin, Eric A. Friedman

Georgetown Law Faculty Publications and Other Works

At the core of the present Ebola crisis in West Africa is a lack of global health leadership. WHO should be the global health leader, following its constitutional charge, yet it is significantly under-resourced, having a direct effect on its rapid response capacity. The Organization's response to this crisis has been constantly behind, from low funding appeals to its delay in declaring this outbreak to be a Public Health Emergency of International Concern under the binding International Health Regulations (2005) (IHR). The IHR themselves have proven insufficient, as countries have failed to cooperate in building the public health capacities ...


Public Health In The Age Of Ebola In West Africa, Michael T. Osterholm, Kristine A. Moore, Lawrence O. Gostin 2014 Georgetown University Law Center

Public Health In The Age Of Ebola In West Africa, Michael T. Osterholm, Kristine A. Moore, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The Ebola epidemic, with its fast-growing toll and real potential for spreading into much of Africa, including major cities, has the makings of a “Black Swan” event. Such events, using the term coined by Nassim Nicholas Taleb, are: 1) unpredictable, outside the realm of regular expectations; 2) have a major impact, and; 3) are rationalized after the fact as being explainable and predictable.

We have learned from this outbreak the potential for an infectious disease to be politically, economically, and socially destabilizing, and that what kills us may be very different from what frightens us or substantially affects our social ...


"Do No Harm": A Comparative Analysis Of Legal Barriers To Corporate Clinical Telemedicine Providers In The United States, Australia, And Canada, Ian R. Landgreen 2014 University of Georgia School of Law

"Do No Harm": A Comparative Analysis Of Legal Barriers To Corporate Clinical Telemedicine Providers In The United States, Australia, And Canada, Ian R. Landgreen

Georgia Journal of International & Comparative Law

No abstract provided.


African Aids Crisis: Implications From The Rise Of Managed Care In South Africa, J. Christopher Driver 2014 University of Georgia School of Law

African Aids Crisis: Implications From The Rise Of Managed Care In South Africa, J. Christopher Driver

Georgia Journal of International & Comparative Law

No abstract provided.


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