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Health Law and Policy

Selected Works

2009

Health law

Articles 1 - 7 of 7

Full-Text Articles in Law

Medical Malpractice Reform?, Robert B. Leflar Dec 2009

Medical Malpractice Reform?, Robert B. Leflar

Robert B Leflar

Column 3 (of 5) on health reform: Medical malpractice reform proposals


Health Bills: What's At The Core, Robert B. Leflar Nov 2009

Health Bills: What's At The Core, Robert B. Leflar

Robert B Leflar

Column 2 (of 5) on the health reform debate: explanation of the legislation.


Health Care: Yellow Lights, Red Flags, Robert B. Leflar Nov 2009

Health Care: Yellow Lights, Red Flags, Robert B. Leflar

Robert B Leflar

Column 1 (of 5) on the health reform debate


I'M Interested In Health Law - Now Where Can I Get A Job?, Jennifer Bard Jan 2009

I'M Interested In Health Law - Now Where Can I Get A Job?, Jennifer Bard

Jennifer Bard

Health care is a trillion-dollar industry that has grown exponentially over the past ten years with very little sign of slowing. The demand of legal services has tracked the growth of the industry. As a result, individuals in the health care field are increasingly thinking of expanding their career opportunities by getting law degrees and students already enrolled in law schools are interested in pursuing opportunities within health law. This article is intended to serve as a guide to both groups about the wide variety of job opportunities for lawyers within health care, where to find these jobs and how …


Three Ways Of Looking At A Health Law And Literature Class, Jennifer Bard Jan 2009

Three Ways Of Looking At A Health Law And Literature Class, Jennifer Bard

Jennifer Bard

The authors of this Article participated in a panel at the American Society of Law, Ethics & Medicine Conference in 2008 that discussed the use of literary materials in law school to teach medical ethics (and related matters) in a law school setting. Each author comes at the topic from a different perspective based on his or her own experience and background. This Article and the panel on which it was based reflect views on how literature can play a valuable role in helping law students, as well as medical students, understand important legal and ethical issues and concepts in …


The Regulation Of Medical Malpractice In Japan, Robert Leflar Dec 2008

The Regulation Of Medical Malpractice In Japan, Robert Leflar

Robert B Leflar

How Japanese legal and social institutions handle medical errors is little known outside Japan. For almost all of the 20th century, a paternalistic paradigm prevailed. Characteristics of the legal environment affecting Japanese medicine included few attorneys handling medical cases, low litigation rates, long delays, predictable damage awards, and low-cost malpractice insurance. However, transparency principles have gained traction and public concern over medical errors has intensified. Recent legal developments include courts' adoption of a less deferential standard of informed consent; increases in the numbers of malpractice claims and of practicing attorneys; more efficient claims handling by specialist judges and speedier trials; …


Overcoming Fears Of Erisa Preemption To Cover The Working Uninsured: Lessons Learned From Hawaii, California, And Massachusetts, Angela Tokuda Dec 2008

Overcoming Fears Of Erisa Preemption To Cover The Working Uninsured: Lessons Learned From Hawaii, California, And Massachusetts, Angela Tokuda

Angela Tokuda

As the debate for national health care reform continues to evolve, the question remains to what extent will national reform leave room to preserve state-level experimentation, especially in light of ERISA (Employee Retirement Income Security Act) preemption. ERISA preemption has remained a formidable obstacle to state efforts. However, three states, Hawaii, California and Massachusetts, have been successful in expanding health insurance coverage at the local level. Although each state utilizes different objectives to cover their uninsured population, each faces the same threat of ERISA preemption. Nonetheless, these states have come up with unique ways to avoid ERISA preemption. This paper …