Law Commons^™

Patchwork Solution To A Complicated Problem: How The Current Healthcare Legislation Is Failing To Address The Difficulties Created By Undocumented Immigrants., Daniel O. King

Daniel O King

No abstract provided.

Federally Mandated Informed Consent: Has Government Gone Too Far?, Linda P. Mckenzie

Linda P. McKenzie

In 2003, President George W. Bush signed legislation targeted at preventing what lawmakers said was a single, specific abortion procedure. The bill banned a method that is known outside of the medical community as "partial birth abortion." Lower courts, however, struck down the law as a violation of the Supreme Court's requirement that state limits on abortion must include an exception for the life or health of the pregnant woman. The lower courts were upheld by the three circuit courts who reviewed the Partial Birth Abortion Ban Act of 2003. The U.S. Supreme Court accepted certiorari and recently heard oral …

The Military Abortion Ban: How 10 U.S.C. Section 1093 Violates International Standards Of Reproductive Healthcare, Sabrina E. Dunlap

Sabrina E Dunlap

Under 10 U.S.C. Section 1093, women in the military cannot obtain abortion services in military hospitals even if they use their own funds. Women who are stationed abroad are forced to search for services elsewhere in the foreign country in which they are stationed, facing cultural barriers, language barriers, difficult travel arrangements and high costs. In the last ten years, clear standards of reproductive health emerged at an international level, with women’s health being the center of the International Conference on Population and Development, and the Fourth World Conference on Women, among others. The United States is simultaneously encouraging developing …

The Constitutional Right To Make Medical Treatment Decisions: A Tale Of Two Doctrines, Jessie Hill

Jessie Hill

The Supreme Court has taken very different approaches to the question whether individuals have a right to make autonomous medical treatment choices, depending on the context. For example, in cases concerning the right to choose “partial-birth” abortion and the right to use medical marijuana, decided just one year apart, the Supreme Court reached radically different results, based on radically different reasoning. In Stenberg v. Carhart, the Supreme Court recognized an almost absolute right to choose a particular abortion procedure if the procedure is the safest for the woman, refusing to defer to the state’s view of the relevant medical facts. …

Erisa Preemption: A Product Rule And The Neglected Workhorse, Joseph Snoe

Joseph Snoe

ERISA preemption of state laws has troubled courts and commentators for over two decades. This article under the umbrellas label the "Product Rule" concludes that a state has broad discretion to regulate products and services marketed in the state, even products and services marketed to ERISA plans.

The article then explans how ERISA section 502 is the exclusive vehicle for Employee Benefit Plan participants and beneficiaries to bring civil suits against HMOs, insurance companies and others doing busienss with the ERISA plans. By contracting with an ERISA plan, a company or person offering services or products to an ERISA plan …