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Full-Text Articles in Law
Criminalizing Pregnancy, Cortney Lollar
Criminalizing Pregnancy, Cortney Lollar
Indiana Law Journal
The state of Tennessee arrested a woman two days after she gave birth and charged her with assault of her newborn child based on her use of narcotics during her preg-nancy. Tennessee’s 2014 assault statute was the first to explicitly criminalize the use of drugs by a pregnant woman. But this law, along with others like it being considered by legislatures across the country, is only the most recent manifestation of a long history of using criminal law to punish poor mothers and mothers of color for their behavior while pregnant. The purported motivation for such laws is the harm …
How States Can Respond To The Ahca: Using The Mccarran-Ferguson Act, David Gamage, Darien Shanske
How States Can Respond To The Ahca: Using The Mccarran-Ferguson Act, David Gamage, Darien Shanske
Articles by Maurer Faculty
No abstract provided.
The American Health Care Act Would Toss The States A Hot Potato, David Gamage, Darien Shanske
The American Health Care Act Would Toss The States A Hot Potato, David Gamage, Darien Shanske
Articles by Maurer Faculty
This essay explains how the American Health Care Act (AHCA) – the House Republicans’ proposed replacement for Obamacare – would toss a hot potato to state governments. Were the AHCA to be enacted into law, state governments would need to act promptly if they are to save individual insurance markets within their states. This essay explains measures that state governments might take to respond to this threat.
Using Taxes To Support Multiple Health Insurance Risk Pools, David Gamage, Darien Shanske
Using Taxes To Support Multiple Health Insurance Risk Pools, David Gamage, Darien Shanske
Articles by Maurer Faculty
In most markets, it is considered desirable for consumers to have more choices. But health insurance regulation is different. When it comes to health insurance, giving consumers more choices can result in the market collapsing — leaving the sickest and most needy consumers without any good choices at all. To mitigate this problem, the Affordable Care Act’s Exchanges were designed around maintaining a single exchange-based risk pool. However, one problem with this approach taken by the Affordable Care Act is that the regulations designed to maintain the single exchange-based risk pool have the side effect of limiting some potentially positive …