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Full-Text Articles in Law
A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Saab Fortney
A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Saab Fortney
Faculty Scholarship
This article addresses the serious public health problem of substance abuse among pregnant women. Part I of this article introduces the national problem of prenatal drug abuse. Part II discuses the appropriateness of government intervention. The article explains the medical consequences of prenatal drug abuse, and then, describes the justification of government intervention. The article details both existing criminal law and new legislation regarding prenatal drug abuse. Part III addresses constitutional concerns and the conflict between a woman’s right on the one hand and the state interest and “fetal rights” on the other. Part IV considers the moral and legal …
Antitrust, Health Care Quality, And The Courts, Peter J. Hammer, William M. Sage
Antitrust, Health Care Quality, And The Courts, Peter J. Hammer, William M. Sage
Faculty Scholarship
Antitrust law represents the principal legal tool that the United States employs to police private markets, yet it often relegates quality and nonprice considerations to a secondary position. While antitrust law espouses the belief that vigorous competition will enhance quality as well as price, little evidence exists of the practical ability of courts to deliver on that promise. In this Article, Professors Hammer and Sage examine American health care as a vehicle for advancing understanding of the nexus among competition, quality, and antitrust law. The Article reports the results of a comprehensive empirical review of judicial opinions in health care …