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Articles 1 - 16 of 16

Full-Text Articles in Law

Cooperation, Commandeering, Or Crowding Out? : Federal Intervention And State Choices In Health Care Policy, Jonathan H. Adler Jan 2011

Cooperation, Commandeering, Or Crowding Out? : Federal Intervention And State Choices In Health Care Policy, Jonathan H. Adler

Faculty Publications

The Patient Protection and Affordable Care Act (ACA) substantially alters the respective roles of the federal and state governments in health care policy. Beyond the individual mandate, the ACA presents many questions of federalism, both constitutional and policy-related. This paper, prepared for a symposium sponsored by the Kansas Journal of Law & Public Policy, addresses some of these federalism issues. After outlining some of the policy considerations for determining the proper federal and state balance in health care policy, it identifies constitutional limitations on the federal government’s ability to direct or even influence state policy choices, before discussing how federal …


Whose Body? Whose Soul? Medical Decision-Making On Behalf Of Children And The Free Exercise Clause Before And After Employment Division V. Smith, B. Jessie Hill Jan 2011

Whose Body? Whose Soul? Medical Decision-Making On Behalf Of Children And The Free Exercise Clause Before And After Employment Division V. Smith, B. Jessie Hill

Faculty Publications

Within constitutional law, children’s rights have suffered from severe neglect. The issue of parents’ constitutional rights to deny children medical treatment based on religious belief is one area in desperate need of attention. Although the Supreme Court’s 199 decision in Employment Division v. Smith seemingly set forth a relatively clear rule regarding the availability of exemptions from generally applicable laws - such as those requiring parents to ensure that their children receive appropriate medical care - Smith has changed little in this realm, and if anything, it has only confused matters, highlighting the intractable nature of the issue. While Smith …


Meaningful Use And Certification Of Health Information Technology: What About Safety?, Sharona Hoffman, Andy Podgurski Jan 2011

Meaningful Use And Certification Of Health Information Technology: What About Safety?, Sharona Hoffman, Andy Podgurski

Faculty Publications

Health information technology (HIT) is becoming increasingly prevalent in medical offices and facilities. Like President George W. Bush before him, President Obama announced a plan to computerize all Americans’ medical records by 214. Computerization is certain to transform American health care, but to ensure that its benefits outweigh its risks, the federal government must provide appropriate oversight.

President Obama’s stimulus legislation, the American Recovery and Reinvestment Act of 29 (ARRA), dedicated $27 billion to the promotion of health information technology. It provides payments of up to $44, per clinician under the Medicare incentive program and $63,75 per clinician under the …


Improving Health Care Outcomes Through Personalized Comparisons Of Treatment Effectiveness Based On Electronic Health Records, Sharona Hoffman, Andy Podgurski Jan 2011

Improving Health Care Outcomes Through Personalized Comparisons Of Treatment Effectiveness Based On Electronic Health Records, Sharona Hoffman, Andy Podgurski

Faculty Publications

Comparative effectiveness research (CER) is one of the Patient Protection and Affordable Care Act’s significant initiatives that aims to improve treatment outcomes and lower health care costs. This Article takes CER a step further and suggests a novel clinical application for it. The Article proposes the development of a national framework to enable physicians to rapidly perform, through a computerized service, medically sound personalized comparisons of the effectiveness of possible treatments for patients’ conditions. A treatment comparison for a given patient would be based on data from electronic health records of a cohort of clinically similar patients who received the …


Symposium On Commercial Speech And Public Health -- Introduction, Jonathan H. Adler Jan 2011

Symposium On Commercial Speech And Public Health -- Introduction, Jonathan H. Adler

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Health Related Claims, The Market For Information, And The First Amendment, J. Howard Beales Iii Jan 2011

Health Related Claims, The Market For Information, And The First Amendment, J. Howard Beales Iii

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Commercial Speech, Drugs, Promotion And A Tailored Advertisement Moratorium, Margaret Gilhooley Jan 2011

Commercial Speech, Drugs, Promotion And A Tailored Advertisement Moratorium, Margaret Gilhooley

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Food And Drug Administration V. The First Amendment: A Survey Of Recent Fda Enforcement, Gerald Masoudi, Christopher Pruitt Jan 2011

The Food And Drug Administration V. The First Amendment: A Survey Of Recent Fda Enforcement, Gerald Masoudi, Christopher Pruitt

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Discourse Norms As Default Rules: Structuring Corporate Speech To Multiple Stakeholders, David G. Yosifon Jan 2011

Discourse Norms As Default Rules: Structuring Corporate Speech To Multiple Stakeholders, David G. Yosifon

Health Matrix: The Journal of Law-Medicine

No abstract provided.


A Veil Of Tax Exemption ?: A Proposal For The Continuation Of Federal Tax-Exempt Status For "Nonprofit" Hospitals, Jeremy J. Schirra Jan 2011

A Veil Of Tax Exemption ?: A Proposal For The Continuation Of Federal Tax-Exempt Status For "Nonprofit" Hospitals, Jeremy J. Schirra

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Masthead, Volume 21 Issue 1 (2011) Jan 2011

Masthead, Volume 21 Issue 1 (2011)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 21 Issue 1 (2011), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2011

Volume 21 Issue 1 (2011), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Hidden Truth: The Perils And Protection Of Off-Label Drug And Medical Device Promotion, Gregory Conko Jan 2011

Hidden Truth: The Perils And Protection Of Off-Label Drug And Medical Device Promotion, Gregory Conko

Health Matrix: The Journal of Law-Medicine

No abstract provided.


When Regulation Becomes Personal: Asserting Retaliatory Enforcement Claims Against Regulatory Agencies, Mark Brian Skerry Jan 2011

When Regulation Becomes Personal: Asserting Retaliatory Enforcement Claims Against Regulatory Agencies, Mark Brian Skerry

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Truth Or Consequences?: Commercial Free Speech Vs. Public Health Promotion (At The Fda), Lars Noah Jan 2011

Truth Or Consequences?: Commercial Free Speech Vs. Public Health Promotion (At The Fda), Lars Noah

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Born By The Woman, Caught By The Midwife: The Case For Legalizing Direct-Entry Midwifery In All Fifty States, Sarah Anne Stover Jan 2011

Born By The Woman, Caught By The Midwife: The Case For Legalizing Direct-Entry Midwifery In All Fifty States, Sarah Anne Stover

Health Matrix: The Journal of Law-Medicine

No abstract provided.