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Articles 1 - 30 of 676
Full-Text Articles in Law
Onlineketoproducts-Converted.Pdf, Dermvix Tri
Onlineketoproducts-Converted.Pdf, Dermvix Tri
DermVix tri
Against The ‘Safety Net’, Matthew Lawrence
Against The ‘Safety Net’, Matthew Lawrence
Matthew B. Lawrence
Disappropriation, Matthew Lawrence
Disappropriation, Matthew Lawrence
Matthew B. Lawrence
Human Pipeline To The Continental United States: Puerto Rico’S Trafficking Of A Vulnerable Population As A Violation Of The Right To Health (2019), Sarah Dávila-Ruhaak
Human Pipeline To The Continental United States: Puerto Rico’S Trafficking Of A Vulnerable Population As A Violation Of The Right To Health (2019), Sarah Dávila-Ruhaak
Sarah Dávila-Ruhaak
No abstract provided.
Strike Down Obamacare, Says Justice Department, Saikrishna B. Prakash, Neal Devins
Strike Down Obamacare, Says Justice Department, Saikrishna B. Prakash, Neal Devins
Neal E. Devins
No abstract provided.
The Anti-Competitive Potential Of Cross-Market Mergers In Health Care, Jaime S. King, Erin C. Fuse Brown
The Anti-Competitive Potential Of Cross-Market Mergers In Health Care, Jaime S. King, Erin C. Fuse Brown
Erin C. Fuse Brown
Health care consolidation in the United States has been widespread at all levels and across all entities. This consolidation has extended beyond horizontal mergers of hospitals or other providers to include out-of-market mergers, or cross-market mergers. Cross-market mergers include the merger or acquisition of any health care entity that does not directly compete with the acquiring entity in the same product or geographic market. Antitrust enforcers have historically had little in the way of market theory, economic models, or empirical data to inform their analyses on the potential impacts of cross-market mergers on competition. However, recent developments in economic theory …
Mental Illness And Danger To Self, Cynthia V. Ward
Mental Illness And Danger To Self, Cynthia V. Ward
Cynthia V. Ward
No abstract provided.
Brief Of Thirteen Law Professors As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald
Brief Of Thirteen Law Professors As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald
Nathan B. Oman
No abstract provided.
Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald
Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald
Nathan B. Oman
No abstract provided.
The Cosmetic/Drug Dilemma: Fda Regulation Of Alpha-Hydroxy Acids, Laura A. Heymann
The Cosmetic/Drug Dilemma: Fda Regulation Of Alpha-Hydroxy Acids, Laura A. Heymann
Laura A. Heymann
No abstract provided.
Why Congress Did Not Think About The Constitution When Enacting The Affordable Care Act, Neal Devins
Why Congress Did Not Think About The Constitution When Enacting The Affordable Care Act, Neal Devins
Neal E. Devins
No abstract provided.
How Planned Parenthood V. Casey (Pretty Much) Settled The Abortion Wars, Neal Devins
How Planned Parenthood V. Casey (Pretty Much) Settled The Abortion Wars, Neal Devins
Neal E. Devins
More than twenty-one years after Robert Bork's failed Supreme Court nomination and seventeen years after Planned Parenthood of Southeastern Pennsylvania v. Casey, the rhetoric of abortion politics remains unchanged. Pro-choice interests, for example, argue that states are poised to outlaw abortion and that Roe v. Wade is vulnerable to overruling. In this Essay, I will debunk those claims. First, I will explain how Casey's approval of limited abortion rights reflected an emerging national consensus in 1992. Second, I will explain why the Supreme Court is unlikely to risk political backlash by formally modifying Casey- either by restoring the trimester test …
The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer
James G. Dwyer
The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …
Informed Consent For Neonatal Circumcision: An Ethical And Legal Conundrum, J. Steven Svoboda, Robert S. Van Howe, James G. Dwyer
Informed Consent For Neonatal Circumcision: An Ethical And Legal Conundrum, J. Steven Svoboda, Robert S. Van Howe, James G. Dwyer
James G. Dwyer
No abstract provided.
Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades
Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades
Eric A. Kades
No abstract provided.
Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton
Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton
Vivian E. Hamilton
No abstract provided.
Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres
Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres
Susan Ayres
It is impossible to know the number of infants killed or illegally abandoned at birth. No official reporting requirements exist, but conservative estimates claim that in the United States, 150-300 infants are killed within twenty-four hours of life and that over 100 infants are illegally abandoned. Beginning in 1999, in an effort to stem the problem of neonaticide and illegal abandonment, states began enacting laws to legalize abandonment. By 2008, all fifty states had enacted safe haven laws, which allow parents to anonymously abandon newborns by delivering them to designated providers, such as hospitals. This article provides a practical and …
Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley
Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley
Richard M. Buxbaum
This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.
In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their shareholders holding “a …
Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley
Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley
Robert Bartlett
This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.
In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their shareholders holding “a …
Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle
Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle
Jill Engle
No abstract provided.
End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright
End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright
Megan Wright
Autonomy is a central principle in many areas of health law. In the case of end-of-life decision-making law and policy, however, the principle of autonomy requires revision. On the whole, law conceptualizes autonomy at the end of life as an individual making private, personal decisions based solely on their interests and values, and independent of others. But ordinary people understand autonomous decisionmaking at the end of life differently, in a way that acknowledges the importance of their interpersonal relationships. Social science research has documented that strengthening relationships with others, sharing responsibility in the decision-making process with healthcare providers, and taking …
Honoring Our Silent Neighbors To The South: The Problem Of Abandoned Or Forgotten Asylum Cemeteries, Louise Harmon
Honoring Our Silent Neighbors To The South: The Problem Of Abandoned Or Forgotten Asylum Cemeteries, Louise Harmon
Louise Harmon
No abstract provided.
Privacy Rights And Public Families, Khiara Bridges
Privacy Rights And Public Families, Khiara Bridges
Khiara M Bridges
This Article is based on eighteen months of anthropological fieldwork conducted among poor, pregnant women receiving prenatal care provided by the Prenatal Care Assistance Program (“PCAP”) at a large public hospital in New York City. The Prenatal Care Assistance Program (“PCAP”) is a special program within the New York State Medicaid program that provides comprehensive prenatal care services to otherwise uninsured or underinsured women. This Article attempts to accomplish two goals. The first goal is to argue that PCAP’s compelled consultations – with social workers, health educators, nutritionists, and financial officers – function as a gross and substantial intrusion by …
Analysis Of People Of The State Of New York, Buffalo Gyn Womenservices, Planned Parenthood Of Rochester/Syracuse Region, Et. Al. V. Operation Rescue National, Et. Al., Lucinda Finley
Lucinda M. Finley
No abstract provided.
When Caring Is Work: Home, Health, And The Invisible Workforce: Introduction, Dianne Avery, Martha T. Mccluskey
When Caring Is Work: Home, Health, And The Invisible Workforce: Introduction, Dianne Avery, Martha T. Mccluskey
Dianne Avery
This essay introduces the SUNY Buffalo Law School 2012 James McCormick Mitchell Lecture. The Lecture featured distinguished scholars Hendrik Hartog, Jennifer Klein, and Peggie R. Smith, who each contributed an essay to this volume. These three scholars give a richly detailed picture of home caretakers' struggles to gain visibility and support for their important work. Legal rulings and policy choices have made care workers distinctly vulnerable, treating care services as an expression of love rather than contract (as Hartog describes), or as social rehabilitation for marginal citizens rather than as skilled health care provision (as Klein explains), or as informal …
How Much Of Health Care Antitrust Is Really Antitrust?, Spencer Weber Waller
How Much Of Health Care Antitrust Is Really Antitrust?, Spencer Weber Waller
Spencer Weber Waller
No abstract provided.
Foreword, Daniel Marino, Lawrence Singer, Megan Bess, John Blum
Foreword, Daniel Marino, Lawrence Singer, Megan Bess, John Blum
Megan Bess
No abstract provided.
Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum
Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum
Megan Bess
No abstract provided.
Foreword, Christopher Carlson, Daniel Marino, Lawrence Singer, Megan Bess, John Blum
Foreword, Christopher Carlson, Daniel Marino, Lawrence Singer, Megan Bess, John Blum
Megan Bess
No abstract provided.
Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum
Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum
Megan Bess
No abstract provided.