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Full-Text Articles in Law

Medicaid For All?: State-Level Single-Payer Health Care, Lindsay Wiley Jan 2018

Medicaid For All?: State-Level Single-Payer Health Care, Lindsay Wiley

Articles in Law Reviews & Other Academic Journals

If single-payer health care is ever to become a reality in the United States, it will very likely be pioneered by a state government, much like Canada’s single-payer system was first adopted in the provinces. Canada’s system operates more like U.S. Medicaid — financed nationally but administered largely by the provinces — than U.S. Medicare. This article describes three basic strategies progressive U.S. state governments are exploring for achieving universal access to high-quality health care and better health outcomes for their residents. First, maximizing eligibility for the existing Medicaid program using matching federal funds. Second, taking up ...


Teaching Health Law From A Social-Ecological Perspective, Lindsay Wiley Jan 2017

Teaching Health Law From A Social-Ecological Perspective, Lindsay Wiley

Articles in Law Reviews & Other Academic Journals

I started teaching health law relatively recently-in the fall of 2010, just after the Affordable Care Act ("ACA") was enacted, but before much of it had been implemented. This timing has been a blessing because I started with a fresh slate rather than adding the ACA on top of a previously developed course. It has also been a curse, but ultimately I appreciate that I started teaching the course at a time when the ACA was under constant threat. The ever-evolving nature of health law means that health law teachers must always bear in mind a goal that applies to ...


Health Law As Social Justice, Lindsay Wiley Jan 2014

Health Law As Social Justice, Lindsay Wiley

Articles in Law Reviews & Other Academic Journals

Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and ...


A Supreme Court Ruling That's About Way More Than Preemption, Nancy Polikoff Jan 2013

A Supreme Court Ruling That's About Way More Than Preemption, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains, Lucas Quass Apr 2012

Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains, Lucas Quass

Legislation and Policy Brief

Prior to the 1970s, many healthcare plans in the U.S. offered benefits without discriminating between mental health and general healthcare coverage. In the 1970s and 1980s, the cost of healthcare increased dramatically and employers eliminated or limited mental health benefits in an attempt to reduce insurance costs. To manage insurance costs, employers began using more cost sharing mechanisms and benefit caps on mental health benefits. However, these limitations were not applied equally to mental health and general health benefits and a coverage disparity was created. Today, insurers often do not provide coverage for mental health on the same terms ...


The Future Of Climate Change Litigation After Aep V. Connecticut, Amanda Leiter, Rick Faulk, Eric Lasker, Mike Myers Jan 2011

The Future Of Climate Change Litigation After Aep V. Connecticut, Amanda Leiter, Rick Faulk, Eric Lasker, Mike Myers

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Common-Sense Construction Of Unfair Claims Settlement Statutes: Restoring The Good Faith In Bad Faith, Victor Schwartz, Christopher E. Appel Jan 2009

Common-Sense Construction Of Unfair Claims Settlement Statutes: Restoring The Good Faith In Bad Faith, Victor Schwartz, Christopher E. Appel

American University Law Review

This Article proposes to balance the scale by providing principles for the reasonable construction of bad-faith and unfair claims settlement practices in statutes applicable to insurance. Part I examines the history and development of bad-faith law, and discusses the common structure of statutes giving rise to badfaith settlement claims. Part II presents general principles courts may apply to resolve an action alleging bad faith, and specific principles courts may apply to address common issues with many states’ statutes. Part III then evaluates the public policy involved in applying such principles to first-party claims where the insured suffers an injury and ...


Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai Jan 2004

Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai

Articles in Law Reviews & Other Academic Journals

From the standpoint of traditional legal thought, metaphor is at best a dash of poetry adorning lawyerly analysis, and at worst an unjustifiable distraction from what is actually at stake in a legal contest. By contrast, in the eyes of those who view law as a close relative of ordinary language, metaphor is a basic building block of human understanding. This article accepts that metaphor helps us to comprehend a court's decision. At the same time, it argues that metaphor plays a special role in the realm of constitutional discourse. Metaphor in constitutional law not only reinforces doctrinal categories ...


Environmental Insurance: Does It Defy The Rules, Amanda Leiter Jan 2001

Environmental Insurance: Does It Defy The Rules, Amanda Leiter

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Pharmaceutical Product Liability May Be Hazardous To Your Health: A No-Fault Alternative To Concurrent Regulation, Gregory C. Jackson Jan 1992

Pharmaceutical Product Liability May Be Hazardous To Your Health: A No-Fault Alternative To Concurrent Regulation, Gregory C. Jackson

American University Law Review

No abstract provided.


Reflections On The Meaning Of Life: An Analysis Of Section 7702 And The Taxation Of Cash Value Life Insurance, Andrew Pike Jan 1988

Reflections On The Meaning Of Life: An Analysis Of Section 7702 And The Taxation Of Cash Value Life Insurance, Andrew Pike

Articles in Law Reviews & Other Academic Journals

No abstract provided.