Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Health (2)
- Health Law (2)
- Abortion (1)
- Abortion restrictions (1)
- And Mineral Law (1)
-
- Auto industry (1)
- Auto insurers (1)
- Autonomy (1)
- Car accidents (1)
- Childbirth (1)
- Driver education (1)
- Driver responsibility (1)
- Environmental justice (1)
- Federalism (1)
- Food justice (1)
- Fracking (1)
- Fundamental right (1)
- Gas (1)
- Government intervention (1)
- Health Insurance (1)
- Health care (1)
- Health justice (1)
- Health law (1)
- Health regulation (1)
- Insurance Law (1)
- Interest (1)
- Intrusion on individual (1)
- Law and Society (1)
- Oil (1)
- Overconsumption (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams
The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
This article considers why there is not more conflict between women and their doctors in obstetric decision-making. While patients in every other medical context have complete autonomy to refuse treatment against medical advice, elect high-risk courses of action, and prioritize their own interests above any other decision-making metric, childbirth is viewed anomalously because of the duty to the fetus that the state and the doctor owe at birth. Many feminist scholars have analyzed the complex resolution of these conflicts when they arise, particularly when the state threatens to intervene to override the birthing woman’s autonomy. This article instead considers the …
Access To Health Care As An Incentive For Healthy Behavior, Lindsay Wiley
Access To Health Care As An Incentive For Healthy Behavior, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
Hundreds of thousands of lives have been saved by vehicle safety standards. For many years, the auto industry fought the adoption of even the most basic standards tooth and nail, arguing that driver responsibility was the key to preventing auto accidents. In doing so, vehicle manufacturers "reinforceled] certain common sense ideas about traffic safety"-that drivers were responsible for car accidents and that vehicle design could not do much to make serious crashes survivable-"and suppressled] others." Auto insurers-who bear much of the economic cost of car crashes through a combination of first party and liability insurance-initially joined auto manufacturers in pushing …
Health Law As Social Justice, Lindsay Wiley
Health Law As Social Justice, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and …
Fracking As A Federalism Case Study, Amanda Leiter
Fracking As A Federalism Case Study, Amanda Leiter
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian
The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian
Articles in Law Reviews & Other Academic Journals
This Essay challenges the false assumption that abortion care can be segregated from women’s medical care and targeted for special restrictions without any effects on women’s health more broadly. As a matter of medical reality, abortion cannot be isolated from the continuum of women’s healthcare. Yet policymakers and the public have failed to understand the interconnectedness of abortion with other aspects of women’s medical care. In fact, existing abortion restrictions harm women’s health even for women not actively seeking abortion care, but these impacts remain obscured. For example, antiabortion laws and policies have spillover effects on miscarriage management, prenatal care, …
Sugary Drinks, Happy Meals, Social Norms, And The Law, Lindsay Wiley
Sugary Drinks, Happy Meals, Social Norms, And The Law, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
What role should government play in discouraging harmful overconsumption? What modes of government intervention best strike the balance between effectiveness and political acceptability? It is well established that government has a legitimate interest in protecting the health and safety of the people, even from their own choices and actions. Furthermore, there is no fundamental right to sell or purchase particular services or products in particular configurations. The appropriate question, then, is not what government may do to prevent non- communicable diseases that are associated with individual behavior choices, but rather what government should do. This comment on David Friedman's Public …