Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 43

Full-Text Articles in Law

The Irrepressible Myth Of Jacobson V. Massachusetts, Josh Blackman Feb 2022

The Irrepressible Myth Of Jacobson V. Massachusetts, Josh Blackman

Buffalo Law Review

During the COVID-19 outbreak, Jacobson v. Massachusetts became the fountainhead for pandemic jurisprudence. Courts relied on this 1905 precedent to resolve disputes about religious freedom, abortion, gun rights, voting rights, the right to travel, and many other contexts. But Justice John Marshall Harlan’s decision was very narrow. It upheld the state’s power to impose a nominal fine on an unvaccinated person. No more, no less. Yet, judges now follow a variant of Jacobson that is far removed from the Lochner-era decision. And the Supreme Court is largely to blame for these errors. Over the course of a century, four prominent …


Law And Power In Health Care: Challenges To Physician Control, Mary Anne Bobinski May 2019

Law And Power In Health Care: Challenges To Physician Control, Mary Anne Bobinski

Buffalo Law Review

No abstract provided.


Doctors On The Take: Aligning Tort Law To Address Drug Company Payments To Prescribers, Lars Noah Aug 2018

Doctors On The Take: Aligning Tort Law To Address Drug Company Payments To Prescribers, Lars Noah

Buffalo Law Review

The pharmaceutical and medical device industries aggressively market their wares to health care professionals, and the giving of gifts has become a central feature of this process. Most observers regard financial incentives tied to the use of specific therapeutic products as ethically impermissible, and various institutions have tried combating inappropriate gifts and payments to physicians: medical and industry groups adopted voluntary codes, federal agencies published advisory guidelines, and, most recently, state and federal legislatures enacted reporting laws. Self-regulation, threats of prosecution, and transparency initiatives have tempered the practice, but manufacturers continue to find clever ways of purchasing the loyalty of …


Informed Consent For The Use And Storage Of Residual Dried Blood Samples From State-Mandated Newborn Genetic Screening Programs, Tufik Y. Shayeb Dec 2016

Informed Consent For The Use And Storage Of Residual Dried Blood Samples From State-Mandated Newborn Genetic Screening Programs, Tufik Y. Shayeb

Buffalo Law Review

No abstract provided.


Responding To The Childhood Vaccination Crisis: Legal Frameworks And Tools In The Context Of Parental Vaccine Refusal, Dorit Rubinstein Reiss, Lois A. Weithorn Aug 2015

Responding To The Childhood Vaccination Crisis: Legal Frameworks And Tools In The Context Of Parental Vaccine Refusal, Dorit Rubinstein Reiss, Lois A. Weithorn

Buffalo Law Review

No abstract provided.


Obamacare Interrupted: Obstructive Federalism And The Consumer Information Blockade, Katherine T. Vukadin May 2015

Obamacare Interrupted: Obstructive Federalism And The Consumer Information Blockade, Katherine T. Vukadin

Buffalo Law Review

No abstract provided.


"We Have To Take It To The Top!": Workers, State Policy, And The Making Of Home Care, Jennifer Klein, Eileen Boris Apr 2013

"We Have To Take It To The Top!": Workers, State Policy, And The Making Of Home Care, Jennifer Klein, Eileen Boris

Buffalo Law Review

No abstract provided.


Who Will Care For The Elderly?: The Future Of Home Care, Peggie R. Smith Apr 2013

Who Will Care For The Elderly?: The Future Of Home Care, Peggie R. Smith

Buffalo Law Review

No abstract provided.


Two Stories About Two Currencies Of Care, Hendrik Hartog Apr 2013

Two Stories About Two Currencies Of Care, Hendrik Hartog

Buffalo Law Review

No abstract provided.


When Caring Is Work: Home, Health, And The Invisible Workforce: Introduction, Dianne Avery, Martha T. Mccluskey Apr 2013

When Caring Is Work: Home, Health, And The Invisible Workforce: Introduction, Dianne Avery, Martha T. Mccluskey

Buffalo Law Review

This essay introduces the SUNY Buffalo Law School 2012 James McCormick Mitchell Lecture. The Lecture featured distinguished scholars Hendrik Hartog, Jennifer Klein, and Peggie R. Smith, who each contributed an essay to this volume. These three scholars give a richly detailed picture of home caretakers' struggles to gain visibility and support for their important work. Legal rulings and policy choices have made care workers distinctly vulnerable, treating care services as an expression of love rather than contract (as Hartog describes), or as social rehabilitation for marginal citizens rather than as skilled health care provision (as Klein explains), or as informal …


Hope Or Hype?: Why The Affordable Care Act's New External Review Rules For Denied Erisa Healthcare Claims Need More Reform, Katherine T. Vukadin Dec 2012

Hope Or Hype?: Why The Affordable Care Act's New External Review Rules For Denied Erisa Healthcare Claims Need More Reform, Katherine T. Vukadin

Buffalo Law Review

No abstract provided.


Implementing American Health Care Reform: The Fiduciary Imperative, Dayna Bowen Matthew May 2011

Implementing American Health Care Reform: The Fiduciary Imperative, Dayna Bowen Matthew

Buffalo Law Review

No abstract provided.


Words To Live By: Public Health, The First Amendment, And Government Speech, Jess Alderman Jan 2009

Words To Live By: Public Health, The First Amendment, And Government Speech, Jess Alderman

Buffalo Law Review

No abstract provided.


Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii Dec 2008

Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii

Buffalo Law Review

No abstract provided.


At The Altar Of Autonomy: The Dangerous Territory Of Abigail Alliance V. Von Eschenbach, Andrea Beth Ott Jul 2008

At The Altar Of Autonomy: The Dangerous Territory Of Abigail Alliance V. Von Eschenbach, Andrea Beth Ott

Buffalo Law Review

No abstract provided.


Pandemic Fears And Contemporary Quarantine: Protecting Liberty Through A Continuum Of Due Process Rights, Michelle A. Daubert Jan 2007

Pandemic Fears And Contemporary Quarantine: Protecting Liberty Through A Continuum Of Due Process Rights, Michelle A. Daubert

Buffalo Law Review

No abstract provided.


Federal Court Self-Preservation And Terri Schiavo, Jack M. Beermann Dec 2006

Federal Court Self-Preservation And Terri Schiavo, Jack M. Beermann

Buffalo Law Review

No abstract provided.


Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff Jul 2005

Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff

Buffalo Law Review

No abstract provided.


Drug Development And The Public Health Mission: Collaborative Challenges At The Fda, Nih, And Academic Medical Centers, Sheila R. Shulman, Andrea Kuettel Apr 2005

Drug Development And The Public Health Mission: Collaborative Challenges At The Fda, Nih, And Academic Medical Centers, Sheila R. Shulman, Andrea Kuettel

Buffalo Law Review

No abstract provided.


Emtala And Hospital "Community Engagement": The Search For A Rational Policy, Sara Rosenbaum, Bruce Siegel, Marsha Regenstein Apr 2005

Emtala And Hospital "Community Engagement": The Search For A Rational Policy, Sara Rosenbaum, Bruce Siegel, Marsha Regenstein

Buffalo Law Review

No abstract provided.


Medicare Should, But Cannot, Consider Cost: Legal Impediments To A Sound Policy, Jacqueline Fox Apr 2005

Medicare Should, But Cannot, Consider Cost: Legal Impediments To A Sound Policy, Jacqueline Fox

Buffalo Law Review

No abstract provided.


Government Reinsurance Programs And Consumer-Driven Care, John V. Jacobi Apr 2005

Government Reinsurance Programs And Consumer-Driven Care, John V. Jacobi

Buffalo Law Review

No abstract provided.


Beyond The Bylaws: Hospital—Physician Relationships, Economics, And Conflicting Agendas, John D. Blum Apr 2005

Beyond The Bylaws: Hospital—Physician Relationships, Economics, And Conflicting Agendas, John D. Blum

Buffalo Law Review

No abstract provided.


Universal Hospital Insurance And Health Care Reform: Policy Legacies And Path Dependency In The Development Of Canada's Health Care System, Lesley A. Jacobs Apr 2005

Universal Hospital Insurance And Health Care Reform: Policy Legacies And Path Dependency In The Development Of Canada's Health Care System, Lesley A. Jacobs

Buffalo Law Review

No abstract provided.


No Safe Harbor And No Experimental Use: Is It Time For Compulsory Licensing Of Biotech Tools, Ruth E. Freeburg Jan 2005

No Safe Harbor And No Experimental Use: Is It Time For Compulsory Licensing Of Biotech Tools, Ruth E. Freeburg

Buffalo Law Review

No abstract provided.


The Legal Bounds Of Physician Conduct Hastening Death, Norman L. Cantor, George C. Thomas Iii Jan 2000

The Legal Bounds Of Physician Conduct Hastening Death, Norman L. Cantor, George C. Thomas Iii

Buffalo Law Review

No abstract provided.


Capital Punishment As Human Sacrifice: A Societal Ritual As Depicted In George Eliot's Adam Bede, Roberta M. Harding Jan 2000

Capital Punishment As Human Sacrifice: A Societal Ritual As Depicted In George Eliot's Adam Bede, Roberta M. Harding

Buffalo Law Review

No abstract provided.


Looking For A Prince Among The Frogs: Solutions To Erisa's Preemptive Effect On Improving Health Care, Mk Gaedeke Roland Oct 1999

Looking For A Prince Among The Frogs: Solutions To Erisa's Preemptive Effect On Improving Health Care, Mk Gaedeke Roland

Buffalo Law Review

No abstract provided.


The Department Of Defense Dna Repository: Practical Analysis Of The Government's Interest And The Potential For Genetic Discrimination, Elizabeth Reiter Apr 1999

The Department Of Defense Dna Repository: Practical Analysis Of The Government's Interest And The Potential For Genetic Discrimination, Elizabeth Reiter

Buffalo Law Review

No abstract provided.


Community Rating: New York's Empire Blues, Jeremy J. Best Apr 1998

Community Rating: New York's Empire Blues, Jeremy J. Best

Buffalo Law Review

No abstract provided.