Law Commons^™

The Residency Match: Competitive Restraints In An Imperfect World, Kristin Madison

All Faculty Scholarship

Several years ago physicians filed a lawsuit alleging that “the match,” the more than fifty-year-old system by which medical students and other applicants are assigned to medical residency programs, violates Section 1 of the Sherman Act. Last year, without hearings or substantive debate on the issue, Congress found that the match was “highly efficient” and “pro-competitive” and granted a retroactive antitrust exemption for its operation. These seemingly incompatible views invite further analysis of the merits of the residency match from the perspective of public policy. This article considers the arguments of match advocates and critics, evaluating both theoretical models and …

Tragedy & Remedy: Black Reparations For Racial Disparities In Health, Kevin Outterson

ExpressO

This Article makes unique and powerful contributions to Black reparations, health care law, biomedical and social science research into racial disparities in health, and critical race theory.

The starting point is the tragedy of Black health in America, with dramatically higher death rates and shorter life expectancies. Current research is ill-equipped to consider the deeper historical roots of Black health disparities; while the development of racially-specific therapies (such as the FDA’s approval in July 2005 of BiDil, a heart drug for Blacks) actually contributes to racial profiling in medicine. Biomedical research has a race problem.

The Black reparations movement suffers …

Newsletter, Spring 2005

Newsletter

No abstract provided.

Punishing Tobacco Industry Misconduct: The Case For Exceeding A Single Digit Ratio Between Punitive And Compensatory Damages, Sara D. Guardino, Richard A. Daynard

ExpressO

This article addresses large punitive damages awards that juries have granted to plaintiffs in recent cases against the tobacco industry, and demonstrates why such high awards are a warranted and necessary incentive for the companies to change their dangerous course of conduct.

In State Farm v. Campbell, the United States Supreme Court announced that “few awards exceeding a single-digit ratio between punitive and compensatory damages” will be constitutional. In a subsequent smoking and health case brought against Philip Morris, however, a state appeals court allowed a punitive damages award that was almost 97 times the compensatory damages award. This decision …

Rearranging Deck Chairs On The Titanic: Why The Incarceration Of Individuals With Serious Mental Illness Violates Public Health, Ethical, And Constitutional Principles And Therefore Cannot Be Made Right By Piecemeal Changes To The Insanity Defense, Jennifer Bard

Jennifer Bard

The author argues that the problem of adjudicating the mentally ill who commit crimes is too large a societal issue to be resolved by refining the insanity defense. Since this is a threat to the public's health, it is fair to describe the current situation as a public health crisis. First, by not providing adequate mental health resources we create conditions in which people with mental illness find themselves in situations where due to their illness they have the opportunity to commit criminal acts which are causally related to the impairment of their thought process. Second, when people with mental …

Building Healthy Cities: Legal Frameworks And Considerations, Wendy Collins Perdue

Law Faculty Publications

This chapter will explore the range of laws and government policies that have shaped the physical structure of U.S. cities and thereby impacted the health of those cities' residents. This analysis will highlight the many, apparently "private" decisions that have been impacted by government policies. Though some of the laws, policies, prohibitions, and incentives have been formulated explicitly to take into account health considerations, others have unintended effects - both good and bad - on the health of urban populations.

Is It Too Late For Title Vi Enforcement?: Seeking Redemption Of The Unequal Long Term Care System In The United States Through International Means, Ruqaiijah Yearby

All Faculty Scholarship

Legal and medical experts have noted continued racism in the health care system that prevents the equal distribution of quality care. Initially most racism was intentional and expressed through de jure segregation, as evidenced by federal funding of the construction of racial segregated health care facilities. Now most racism, expressed through de facto segregation, is subtly incorporated into the daily practices of institutions causing an adverse disparate impact on African-Americans. This institutional racism establishes separate and independent barriers through the neutral denial of opportunities and equal rights to individuals and groups that results from the normal operations of the institutions …

Raich, Health Care, And The Commerce Clause, Alex Kreit, Aaron Marcus

William Mitchell Law Review

This article considers to what extent health care may be viewed as a traditional area of state concern in the context of the Supreme Court’s revival of federalism principles, in particular limits on Congress’ Commerce Clause power, and what effect Raich v. Ashcroft, heard by the Court in the fall 2004 term, might have on these issues. Addressing these questions will necessarily involve exploration of medical marijuana policy as well as the role of the “traditional state interest” principle within the Commerce Clause. However, the central focus of this article is not what impact Raich may have on the Commerce …

Is It Too Late For Title Vi Enforcement?: Seeking Redemption Of The Unequal United States‟ Long Term Care System Through International Means, Ruqaiijah Yearby

Faculty Publications

Legal and medical experts have noted continued racism in the health care system that prevents the equal distribution of quality care. Initially most racism was intentional and expressed through de jure segregation, as evidenced by federal funding of the construction of racial segregated health care facilities. Now most racism, expressed through de facto segregation, is subtly incorporated into the daily practices of institutions causing an adverse disparate impact on African-Americans. This institutional racism establishes separate and independent barriers through the neutral denial of opportunities and equal rights to individuals and groups that results from the normal operations of the institutions …

Hospital Chaplaincy Under The Hipaa Privacy Rule: Health Care Or "Just Visiting The Sick?", Stacey A. Tovino

Scholarly Works

Approximately seventy-nine percent of Americans believe that praying can help people recover from illness, injury or disease, and nearly seventy-seven percent of American patients would like spiritual issues discussed as part of their care. Despite Americans' strong beliefs in the health-related benefits of religious and spiritual practices and traditions, the preamble to the federal Department of Health and Human Services' ("HHS") health information privacy rule (the "Privacy Rule") explains that health care "does not include methods of healing that are solely spiritual" (the "preamble"). The preamble concludes that, "clergy or other religious practitioners that provide solely religious healing services are …