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Articles 31 - 49 of 49
Full-Text Articles in Law
The Supreme Court Limits Lawsuits Against Managed Care Organizations, Timothy Stoltzfus Jost
The Supreme Court Limits Lawsuits Against Managed Care Organizations, Timothy Stoltzfus Jost
Scholarly Articles
In Aetna Health Inc. v. Davila, the United States Supreme Court revisited the question of whether the Employee Retirement Income Security Act (ERISA) precludes state lawsuits against ERISA plans. The Court held that ERISA preempts damage actions brought against managed care organizations under the Texas Health Care Liability Act because ERISA itself provides the exclusive remedy for challenging ERISA plans' coverage decisions. The Court suggested, however, that health plans might be liable for treatment decisions made by employed physicians. It also volleyed back to Congress the question of whether ERISA beneficiaries should have any remedy for damages caused by coverage …
Why Can't We Do What They Do? National Health Reform Abroad, Timothy Stoltzfus Jost
Why Can't We Do What They Do? National Health Reform Abroad, Timothy Stoltzfus Jost
Scholarly Articles
This article describes how other countries organize and finance their health care systems, and how the performance of those health care systems compares with that of the United States. It also examines why the United States, unlike all other developed countries, has failed to provide universal access to health care services.
Health Law And Administrative Law: A Marriage Most Convenient, Timothy Stoltzfus Jost
Health Law And Administrative Law: A Marriage Most Convenient, Timothy Stoltzfus Jost
Scholarly Articles
This symposium explores the complex relationship between health law and administrative law. It is based on the observation that these two fields of law are peculiarly intertwined. It attempts to understand why this is so, as well as whether it is necessary and whether it is desirable. Would we as a society, that is, be better off if health law were less permeated by administrative law? Even if we would be better off, is it indeed possible to extricate health law from administrative law? This essay begins by defining health law and administrative law. It then proceeds to describe the …
Professional Sovereignty In A Changing Health Care System: Reflections On Paul Starr's The Social Transformation Of American Medicine, Timothy Stoltzfus Jost, Keith Wailoo, Mark Schlesinger
Professional Sovereignty In A Changing Health Care System: Reflections On Paul Starr's The Social Transformation Of American Medicine, Timothy Stoltzfus Jost, Keith Wailoo, Mark Schlesinger
Scholarly Articles
Not available.
The Uses Of The Social Transformation Of American Medicine: The Case Of Law, Timothy Stoltzfus Jost
The Uses Of The Social Transformation Of American Medicine: The Case Of Law, Timothy Stoltzfus Jost
Scholarly Articles
Not available.
Comparative And International Health Law, Timothy Stoltzfus Jost
Comparative And International Health Law, Timothy Stoltzfus Jost
Scholarly Articles
No abstract provided.
The Tenuous Nature Of The Medicaid Entitlement, Timothy Stoltzfus Jost
The Tenuous Nature Of The Medicaid Entitlement, Timothy Stoltzfus Jost
Scholarly Articles
Though Medicare was from the outset an entitlement under federal law, the status of Medicaid has always been less certain. Arguably, it was the Supreme Court, rather than Congress that first recognized that Medicaid recipients (and providers) could sue the states in federal court to enforce federal Medicaid requirements. A recent widely reported federal court decision, however, called radically into question the continuing existence of a federal Medicaid entitlement. Though this decision has now been reversed, and rejected by other courts, it illustrates the tenuous nature of the Medicaid entitlement, and the need to reconstitute Medicaid as an exclusively federal …
The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost
The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost
Scholarly Articles
Virtually every country in the world is currently attempting to find ways to ration health care services in order to control exploding health care costs. In some countries the courts play a role in overseeing the rationing of health care. This article examines the role that the courts play in the United States in health care rationing in various contexts and programs. It then goes on to present the German social courts as an alternative model for judicial oversight of health care rationing that is both responsive to the rights of health care consumers and professionals and sensitive to the …
Private Or Public Approaches To Insuring The Uninsured: Lessons From International Experience With Private Insurance, Timothy Stoltzfus Jost
Private Or Public Approaches To Insuring The Uninsured: Lessons From International Experience With Private Insurance, Timothy Stoltzfus Jost
Scholarly Articles
In the recent past a broad consensus has emerged in the United States that the best way to expand coverage of the uninsured is to use tax subsidies to encourage the purchase of private health insurance policies. Many advocates of this approach also call for replacing employment-related group policies with individual policies, and for minimizing regulation of private insurance. Those who advocate these policies, however, have rarely considered the experience that other nations have had with private health insurance.
In fact most other countries have private insurance markets, and in many countries private insurance plays a significant role in financing …
So-Called "Partial-Birth Abortion" Bans: Bad Medicine? Maybe. Bad Law? Definitely!, Ann Maclean Massie
So-Called "Partial-Birth Abortion" Bans: Bad Medicine? Maybe. Bad Law? Definitely!, Ann Maclean Massie
Scholarly Articles
None available.
Valuing Intrauterine Life, Samuel W. Calhoun
Withdrawal Of Treatment For Minors In A Persistent Vegetative State: Parents Should Decide, Ann Maclean Massie
Withdrawal Of Treatment For Minors In A Persistent Vegetative State: Parents Should Decide, Ann Maclean Massie
Scholarly Articles
No abstract provided.
H.L. V. Matheson, Lewis F. Powell Jr.
Harris V. Mcrae, Lewis F. Powell Jr.
Califano V. Westcott, Lewis F. Powell Jr.
Califano V. Westcott, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Right Of A Mental Patient To Refuse Antipsychotic Drugs In An Institution, Lawrence D. Gaughan, Lewis H. Larue
The Right Of A Mental Patient To Refuse Antipsychotic Drugs In An Institution, Lawrence D. Gaughan, Lewis H. Larue
Scholarly Articles
Not available.
United States Department Of Agriculture V. Moreno, Lewis F. Powell Jr.
United States Department Of Agriculture V. Moreno, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States Department Of Agriculture V. Murry, Lewis F. Powell Jr.
United States Department Of Agriculture V. Murry, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Jefferson V. Hackney, Lewis F. Powell Jr.
Jefferson V. Hackney, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.