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The Stark Law In Retrospect, Patrick A. Sutton

Annals of Health Law and Life Sciences

Considering the ultimate goals of preventing the over-utilization of medical services and protecting the Medicare program, are the numerous phases of the Stark Law and their concomitant regulations effective; or, conversely, has the legislation served to impede entrepreneurialism among physicians to the detriment of innovations and better integration in the delivery of medical treatment? This article endeavors to answer the above question through an analysis of the policy goals behind the legislation; the evolution of its regulations; its effect on competitiveness in the field of medicine; and the ethical considerations implicated by the issue of physician self-referral. It further offers …

Welfare Family Caps And The Zero-Grant Situation, Christopher Dinkel

Cornell Law Review

No abstract provided.

The Potential For State Attorneys General To Promote The Public’S Health: Theory, Evidence, And Practice, Lainie Rutkow, Stephen P. Teret

Saint Louis University Public Law Review

The Attorneys General of the 50 states have considerable legal authority to protect the public’s health, yet their role in the development of health policy is often under-appreciated or misunderstood. This article analyzes state Attorneys’ General current powers and provides a logic model that illustrates how the use of these powers can lead to the protection and promotion of the public’s health. The article then provides four brief case studies to demonstrate how state Attorneys General have used their varied powers to influence policy-making and benefit the public’s health. In addition, this article offers a roadmap for research that could …

Seeds Of Compromise: A Proposal And Justification For The Partial Deregulation Of Genetically Modified Alfalfa And Sugar Beets, Whitney J. Waters

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Unintended Consequences Of Local Rules, Justin Sevier

Scholarly Publications

Many legal rules are based on hunches about human behavior that have not been tested empirically. A behavioral analysis of these rules can illuminate whether they work as policy makers intended or whether they have unforeseen, systematically negative effects. Behavioral analyses of legal rules, unfortunately, are in short supply. This is particularly true with respect to local procedural rules that govern the everyday operation of trials and are left to the discretion of trial courts.

This Article begins to fill that gap by empirically examining one of these local procedural rules: the one allowing jurors to take notes during trial. …

Substituting Substantive For Procedural Review Of Guidance Documents, Mark Seidenfeld

Scholarly Publications

No abstract provided.

Can Law Improve Prevention And Treatment Of Cancer?, Roger Magnusson, Lawrence O. Gostin, David Studdert

O'Neill Institute Papers

The December 2011 issue of Public Health (the Journal of the Royal Society for Public Health) contains a symposium entitled: Legislate, Regulate, Litigate? Legal approaches to the prevention and treatment of cancer. This symposium explores the possibilities for using law and regulation – both internationally and at the national level – as the policy instrument for preventing and improving the treatment of cancer and other leading non-communicable diseases (NCDs). In this editorial, we argue that there is an urgent need for more legal scholarship on cancer and other leading NCDs, as well as greater dialogue between lawyers, public health practitioners …

Taking Economic Human Rights Seriously After The Debt Crisis, Steven A. Ramirez

Loyola University Chicago Law Journal

No abstract provided.

Refractory Pain, Existential Suffering, And Palliative Care: Releasing An Unbearable Lightness Of Being, George P. Smith Ii

Cornell Journal of Law and Public Policy

Since the beginning of the hospice movement in 1967, "total pain management" has been the declared goal of hospice care. Palliating the whole person's physical, psychosocial, and spiritual states or conditions is central to managing the pain that induces suffering. At the end-stage of life, an inextricable component of the ethics of adjusted care requires recognition of a fundamental right to avoid cruel and unusual suffering from terminal illness. This Article urges wider consideration and use of terminal sedation, or sedation until death, as an efficacious palliative treatment and as a reasonable medical procedure in order to safeguard the "right" …

The Marginality Of Citizens United, Michael C. Dorf

Cornell Journal of Law and Public Policy

No abstract provided.

The Unintended Consequences Of Local Rules, Justin Sevier

Cornell Journal of Law and Public Policy

No abstract provided.

The Failure Of Mandated Discourse, Omri Ben-Shahar, Carl E. Schneider

Articles

This Article explores the spectacular prevalence, and failure, of the single most common technique for protecting personal autonomy in modern society: mandated disclosure. The Article has four Parts: (1) a comprehensive summary of the recurring use of mandated disclosures, in many forms and circumstances, in the areas of consumer and borrower protection, patient informed consent, contract formation, and constitutional rights; (2) a survey of the empirical literature documenting the failure of the mandated disclosure regime in informing people and in improving their decisions; (3) an account of the multitude of reasons mandated disclosures fail, focusing on the political dynamics underlying …

Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy, Kathy L. Cerminara

Faculty Scholarship

Kathy Cerminara, Schiavo Revisited? The Struggle for Autonomy at the End of Life in Italy, 12 Marquette University Elder's Advisor 295 (2011). Politically strident debates surrounding end-of-life decisionmaking have surfaced once again, this time across the Atlantic in Italy. Eluana Englaro died early this year after a prolonged court fight, causing the international press to compare her case to that of Theresa Marie Schiavo, who passed away in 2005 in Florida after nearly sparking constitutional crises on both state and federal levels. In many respects, the facts of Ms. Englaro’s case are similar to Schiavo, but a close analysis …

The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto Imoukhuede

Faculty Scholarship

“The fifth freedom is freedom from ignorance. It means that every[one], everywhere, should be free to develop his [or her] talents to their full potential – unhampered by arbitrary barriers of race or birth or income.” Lyndon B. Johnson This article argues that education is a fundamental human right that the U.S. Supreme Court has failed to recognize because of the Court’s bias towards negative, rather than positive rights. Viewed from the limited perspective of rights as liberties, the concern with declaring a fundamental right to education is that education legislation would be strictly scrutinized, thus causing the undesired result …

Legal Reform, Social Policy, And Gendered Redistribution In Colombia: The Role Of The Family, Helena Alviar Garcia

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Food Deserts: Is The Let's Move Campaign An Oasis For The Urban Minority Community, Thomas P. Ziehnert

The Modern American

No abstract provided.

On The Incompatibility Of Political Virtue And Judicial Review: A Neo-Aristotelean Perspective, Ralph F. Gaebler

Articles by Maurer Faculty

Part I of this essay outlines a neo-Aristotelean theory of political virtue, an instance of virtue generally, that serves as the basis of excellent citizenship in the polis. As such, political virtue contributes its share to the achievement of eudaimonia, or the fulfillment of an individual’s natural, human function. In fact, political virtue is especially important because people are political beings, i.e. they seek the good most comprehensively in the context of association with others. Therefore, Aristotle describes politics as the master science of the supreme good, because politics orders the community of the polis and thereby establishes the norms …

Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ni Aolain

Michigan Journal of Gender & Law

The catastrophic dimensions of humanitarian emergencies are increasingly understood and more visible to states and international institutions. There is greater appreciation for the social, economic and political effects that follow in the short to long term from the devastating consequences of humanitarian emergencies. There is also recognition of the gendered dimensions of humanitarian emergencies in policy and institutional contexts. It is generally acknowledged that women are overrepresented in the refugee and internally displaced communities that typically result from many humanitarian crises. Women bear acute care responsibilities in most societies and also disproportionately bear familial and communal care responsibilities in communities …

Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking , David S. Levine

American University International Law Review

No abstract provided.

Foodshed Foundations: Law's Role In Shaping Our Food System's Future, Margaret S. Mccabe

Fordham Environmental Law Review

No abstract provided.

Climate Change, Food Security, And Agrobioversity: Toward A Just, Resilient, And Sustainable Food System, Carmen G. Gonzalez

Fordham Environmental Law Review

No abstract provided.

Sustainable Habitat Restoration: Fish, Farms, And Ecosystem Services, Keith H. Hirokawa [email protected], Charles Gottlieb

Fordham Environmental Law Review

No abstract provided.

How Great Cities Are Fed Revisited: Ten Municipal Policies To Support The New York City Foodshed, Nevin Cohen

Fordham Environmental Law Review

No abstract provided.

America's New Agrarians: Policy Opportunities And Legal Innovations To Support New Farmers, Neil D. Hamilton

Fordham Environmental Law Review

No abstract provided.

Energy (In)Efficiency Of The Local Food Movement: Food For Thought, Lauren Kaplin

Fordham Environmental Law Review

No abstract provided.

Protecting Women’S Human Rights: A Case Study In The Philippines, Tamar Ezer, Arwen Joyce, Priscila Mccalley, Neil Pacamalan

Human Rights Brief

No abstract provided.

Goodbye Family Farms And Hello Agribusiness: The Story Of How Agricultural Policy Is Destroying The Family Farm And The Environment, Melanie J. Wender

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Unshackling Addiction: A Public Health Approach To Drug Use During Pregnancy, Seema Mohapatra

Faculty Scholarship

No abstract provided.

Experimenting With Clinical Legal Education To Address The Disconnect Between The Larger Promise Of Law And Its Grassroots Reality In India, Ajay Pandey

Maryland Journal of International Law

No abstract provided.

Keep Away From Mouth: How The American System Of Food Regulation Is Killing Us, Eva Merian Spahn

University of Miami Law Review

No abstract provided.