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Articles 31 - 60 of 263
Full-Text Articles in Law
Falling Into The Trap: The Ineffectiveness Of ‘Undue Burden’ Analysis In Protecting Women’S Right To Choose, Laura Young
Falling Into The Trap: The Ineffectiveness Of ‘Undue Burden’ Analysis In Protecting Women’S Right To Choose, Laura Young
Pace Law Review
This Comment will first examine existing Supreme Court abortion and reproductive autonomy jurisprudence before seguing into an exploration of the limits of the ‘undue burden’ analysis through the Jackson Women’s Health Organization v. Currier temporary and preliminary injunction decisions. The final section of this Comment explores potential solutions from other areas of constitutional law, and proposes that some techniques for limiting the reach of state regulatory power might be imported from environmental law, which frequently must deal with interactions amongst complex regulatory regimes.
Who's Virus Is It Anyway? How The World Health Organization Can Protect Against Claims Of "Viral Sovereignty", Jason Carter
Who's Virus Is It Anyway? How The World Health Organization Can Protect Against Claims Of "Viral Sovereignty", Jason Carter
Georgia Journal of International & Comparative Law
No abstract provided.
B.Y.O. Heroin: Will Canada Finally Recognize The Fundamental Rights Of Injection Drug Users By Providing Access To Safe Injection Facilities?, Robert Marston
B.Y.O. Heroin: Will Canada Finally Recognize The Fundamental Rights Of Injection Drug Users By Providing Access To Safe Injection Facilities?, Robert Marston
Georgia Journal of International & Comparative Law
No abstract provided.
Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera
Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera
Georgia Journal of International & Comparative Law
No abstract provided.
Health Care For Low-Income Classes In An Individual Mandate System: Lessons The United States Can Learn From Switzerland, Mason F. Reid
Health Care For Low-Income Classes In An Individual Mandate System: Lessons The United States Can Learn From Switzerland, Mason F. Reid
Georgia Journal of International & Comparative Law
No abstract provided.
The Fourth Trimester, Saru M. Matambanadzo
The Fourth Trimester, Saru M. Matambanadzo
University of Michigan Journal of Law Reform
This Article introduces a new conceptual framework to the legal literature on pregnancy and pregnancy discrimination: the fourth trimester. The concept of a fourth trimester, drawn from maternal nursing and midwifery, refers to the crucial three to six month period after birth when many of the physical, psychological, emotional, and social effects of pregnancy continue. Giving this concept legal relevance extends the scope of pregnancy beyond the narrow period defined by conception, gestation, and birth and acknowledges that pregnancy is a relational process, not an individual event. In the United States, however, antidiscrimination law has failed to acknowledge the demands …
High Time For Medical Marijuana Or Buzz-Kill?: The Controlled Substances Act And The Sherman Antitrust Act May Cause Florida's Compassionate Medical Cannabis Act To Go Up In Smoke, Thu Pham
Florida A & M University Law Review
Florida is the latest state to jump into the arena of medical marijuana with the passage of SBI030 on June 16, 2014. The law, named The Compassionate Medical Cannabis Act of 2014,' allows low-THC cannabis to be prescribed to patients suffering from cancer or physical medical conditions that chronically produce symptoms of seizures or severe and persistent muscle spasms.
I Need A Doctor: A Critique Of Medicare Financing Of Graduate Medical Education, Stacey A. Tovino
I Need A Doctor: A Critique Of Medicare Financing Of Graduate Medical Education, Stacey A. Tovino
Washington and Lee Law Review
In its broadest sense, this Article examines the complex relationship between population booms, doctor shortages, and United States government financing of graduate medical education (GME). More specifically, this Article argues that current rules governing the calculation of Medicare payments to teaching hospitals for the costs of GME are based on cost, population, and other data that are no longer relevant. As applied, these formulas discriminate in favor of the nation’s oldest teaching hospitals, located in New England and the Middle Atlantic, and against current and future teaching hospitals located in growing population centers, especially regions in the South and West. …
The Missing Link: U.S. Regulation Of Consumer Cosmetic Products To Protect Human Health And The Environment, Valerie J. Watnick
The Missing Link: U.S. Regulation Of Consumer Cosmetic Products To Protect Human Health And The Environment, Valerie J. Watnick
Pace Environmental Law Review
This article explores these lax regulatory efforts and their connection to risk assessment, and proposes changes to our current toxics regulatory paradigm. Part I of this article explores our current regulatory approach for consumer cosmetics. Part II discusses the specific and dire concerns regarding chemicals that are suspected carcinogens and those suspected of disrupting the human endocrine system. The article argues in Part III that because the framework for our current regulation of consumer cosmetic products is not designed to be protective of human health, our regulatory paradigm must shift dramatically in the future if this is to become our …
Medicare: The Perpetual Balance Between Performance And Preservation, Craig B. Garner
Medicare: The Perpetual Balance Between Performance And Preservation, Craig B. Garner
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
After Caronia: First Amendment Concerns In Off-Label Promotion, Stephanie M. Greene
After Caronia: First Amendment Concerns In Off-Label Promotion, Stephanie M. Greene
San Diego Law Review
The government has successfully prosecuted pharmaceutical companies for off-label promotion of drugs, maintaining that such promotion impermissibly undermines the FDA’s premarket approval process and jeopardizes the public health. In several recent cases, however, pharmaceutical companies have alleged that regulations prohibiting such promotion are unconstitutional because off-label promotion is protected under the First Amendment. Two recent U.S. Supreme Court cases contain language that gives broad protection to advertising and marketing in the pharmaceutical field. This Article questions the reach of these cases as applied to the practice of off-label promotion through detailing.
Reforming Medicare-Financed Graduate Medical Education, Kate Maher
Reforming Medicare-Financed Graduate Medical Education, Kate Maher
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
Injecting Caution: A Need For Enhanced State-Level Enforcement Tactics Targeting The Cosmetic Use Of Liquid Silicone Products, Katherine Cohen Cooper
Injecting Caution: A Need For Enhanced State-Level Enforcement Tactics Targeting The Cosmetic Use Of Liquid Silicone Products, Katherine Cohen Cooper
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
Mental Illness: A Smoking Gun For Firearms Restrictions Or A Missed Target?, Mollie Gelburd
Mental Illness: A Smoking Gun For Firearms Restrictions Or A Missed Target?, Mollie Gelburd
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
Masthead
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
Table Of Contents
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
The Need To Reexamine Gina: A Call For A Business Necessity Exception To The Genetic Information Nondiscrimination Act, Alyson Horn
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
Expanding Medicaid: A Cross-State Comparative Analysis, Brian J. Farnkoff
Expanding Medicaid: A Cross-State Comparative Analysis, Brian J. Farnkoff
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
The Journal Of Contemporary Health Law & Policy Cumulative Index Volumes 1-30
The Journal Of Contemporary Health Law & Policy Cumulative Index Volumes 1-30
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
The Patient Readmission Rate Penalty In The Affordable Care Act, Yoni E. Anija
The Patient Readmission Rate Penalty In The Affordable Care Act, Yoni E. Anija
Health Law and Policy Brief
No abstract provided.
A Business Case For Universal Healthcare: Improving Economic Growth And Reducing Unemployment By Providing Access For All, David Sterret, Ashley Bender, David Palmer
A Business Case For Universal Healthcare: Improving Economic Growth And Reducing Unemployment By Providing Access For All, David Sterret, Ashley Bender, David Palmer
Health Law and Policy Brief
No abstract provided.
One Click Away From Untangling The Web: The United States Food And Drug Administration & Interactive Promotional Media, Abraham Gitterman
One Click Away From Untangling The Web: The United States Food And Drug Administration & Interactive Promotional Media, Abraham Gitterman
Health Law and Policy Brief
No abstract provided.
In Memoriam, Health Law And Policy Brief
In Memoriam, Health Law And Policy Brief
Health Law and Policy Brief
No abstract provided.
The Unintended Federalism Consequences Of The Affordable Care Act’S Insurance Market Reforms, Joshua Phares Ackerman
The Unintended Federalism Consequences Of The Affordable Care Act’S Insurance Market Reforms, Joshua Phares Ackerman
Pace Law Review
This Article, which is the first to examine the relationship between the ACA’s insurance market reforms and state regulation of insurance, argues that states’ decisions to forego creating their own exchanges may mark the beginning of an important shift of regulatory authority from the states to the federal government. It begins by sketching the historical antecedents of the current allocation of state and federal authority over insurance regulation. The aim of this discussion is to highlight the unique role states play in the regulation of insurance as opposed to other financial products. Part III explains the pre-ACA structure of health …
Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter
Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter
Pace Law Review
This Article begins with a brief review in Part II of the three crucial Supreme Court cases on abortion rights: Roe v. Wade, Planned Parenthood of Southeastern Pennsylvania v. Casey, and Gonzalez v. Carhart. Based on these cases, Part III formulates a constitutional test that courts should be using to determine whether an abortion regulation is constitutional that includes all of the factors identified by the Supreme Court as part of the “undue burden” analysis, factors that have been overlooked by many courts. Finally, Part IV applies this constitutional test to the Texas Sonogram Act, concluding that the act is …
Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher
Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher
University of Arkansas at Little Rock Law Review
No abstract provided.
Health Care Reform: Treatment Effectiveness Information Nationwide, Robert B. Leflar
Health Care Reform: Treatment Effectiveness Information Nationwide, Robert B. Leflar
University of Arkansas at Little Rock Law Review
No abstract provided.
Health Law—A Call For The Arkansas General Assembly To Modernize The Standard Of Care Requirement In Medical Malpractice Cases. Broussard V. St. Edward Mercy Health System, Inc., 2012 Ark. 14, 386 S.W.3d 385., Jarred Kibbey
University of Arkansas at Little Rock Law Review
No abstract provided.
Contract Law—No Faith In Arkansas’S Approach To The Implied Duty Of Good Faith. Arkansas Research Medical Testing, Llc V. Osborne, 2011 Ark. 158, 2011 Wl 1423993., Kathleen Lestage
Contract Law—No Faith In Arkansas’S Approach To The Implied Duty Of Good Faith. Arkansas Research Medical Testing, Llc V. Osborne, 2011 Ark. 158, 2011 Wl 1423993., Kathleen Lestage
University of Arkansas at Little Rock Law Review
No abstract provided.
Brown V. Board Of Education And National Federation Of Independent Business V. Sebelius: A Comparative Analysis Of Social Change, Brian G. Gilmore
Brown V. Board Of Education And National Federation Of Independent Business V. Sebelius: A Comparative Analysis Of Social Change, Brian G. Gilmore
University of Arkansas at Little Rock Law Review
No abstract provided.