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Full-Text Articles in Law
Competitive Federalism: Five Clarifying Questions, Larry Yackle
Competitive Federalism: Five Clarifying Questions, Larry Yackle
Faculty Scholarship
Before I looked into the two fine books we are reviewing here,1 I would have said that arguments from federalism are typically fraudulent, neither more nor less than deliberate attempts to cloud the discussion of real issues. Now that I have read what Sotirios A. Barber and Michael S. Greve have written, I am largely confirmed in my prejudices. But my suspicions about federalism contentions have been shaken a bit – enough to ask some questions of Professor Greve, whose answers might persuade me that there is some good in this federalism business, after all. I doubt it, but I …
Allocating Responsibility For Health Care Decisions Under The United States Affordable Care Act, Wendy K. Mariner
Allocating Responsibility For Health Care Decisions Under The United States Affordable Care Act, Wendy K. Mariner
Faculty Scholarship
This article summarizes the major elements of the ACA's insurance reforms and how they affect responsibility for making decisions about the health care that people receive. A key example of the difficulty of allocating decision making responsibility is the effort to define a minimum benefit package for insurance plans, called essential health benefits. While the ACA should achieve its goal of near-universal access to care, it leaves in place a multiplicity of processes and decision-makers for determining individual treatment. As a result, decisions about what care is provided are likely to remain, much as they are today, divided among government …
Medicaid Expansion As Completion Of The Great Society, Nicole Huberfeld
Medicaid Expansion As Completion Of The Great Society, Nicole Huberfeld
Faculty Scholarship
A state’s decision whether to expand Medicaid has become a highly politicized issue, spawning countless news stories and on-going debate. However, this Essay takes a step back from that highly charged discourse and situates Medicaid expansion in its historical context. We reveal that this latest change universalizes the program, holding the power to finally realize President Johnson’s vision for the Great Society, almost fifty years later. Medicaid can be understood as a universal program for three reasons: (1) the percentage of thepopulation of children, pregnant women, and non-elderly adults it covers; (2) the degree to which Medicaid funds long-term care …