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Articles 1 - 19 of 19
Full-Text Articles in Law
The Initial Response Of Biodiversity Conventions To The Covid-19 Pandemic, Royal C. Gardner, Lauren Beames, Katherine Pratt
The Initial Response Of Biodiversity Conventions To The Covid-19 Pandemic, Royal C. Gardner, Lauren Beames, Katherine Pratt
William & Mary Environmental Law and Policy Review
The COVID-19 pandemic disrupted the operations of global biodiversity conventions, requiring virtual meetings in place of in-person events. Yet the pandemic also highlighted the importance of biodiversity conservation as a mechanism to reduce the risk of zoonotic diseases, as the October 2020 report issued by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (“IPBES”) emphasized. Now that in-person, international meetings have resumed, this Article examines the extent to which four biodiversity conventions—the Agreement on the Conservation of African-Eurasian Migratory Waterbirds, the Ramsar Convention, the Convention on International Trade in Endangered Species, and the Convention on Biological Diversity—considered the nexus …
“Down Where The Grass Grows”: Municipal Abortion Policies After Dobbs, Martha F. Davis
“Down Where The Grass Grows”: Municipal Abortion Policies After Dobbs, Martha F. Davis
University of Colorado Law Review
When the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization referred future decisions about abortion policies to “elected representatives and the people,” there is no doubt that local governments were included in the designation. In fact, since the 1970s, local governments have been active in pursuing a range of abortion policies in their jurisdictions—both for and against abortion access—that may be in tension with their state governments. Because the ideological orientations of state and local governments often conflict, state preemption is a frequent threat hanging over these local initiatives. There are examples from both sides of the political …
Telehealth Fraud And Abuse Before And “After” The Pandemic: Are Things Going To Get Better?, Natalia Shamuel
Telehealth Fraud And Abuse Before And “After” The Pandemic: Are Things Going To Get Better?, Natalia Shamuel
DePaul Journal of Health Care Law
Telehealth and telemedicine have become increasingly useful to both patients and health care providers. The ease and comfort of attending a doctor’s appointment in the comfort of one’s own home made telehealth and telemedicine convenient, safe, and effective options for seeing a doctor during the height of the COVID-19 pandemic. However, with increased usage of telehealth and telemedicine came increased health care fraud and abuse. With increased health care fraud and abuse came increased regulations, both on the federal and state levels. This Note provides a brief analysis of health care fraud and abuse in the telehealth and telemedicine space. …
Draft State Legislation: "A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas)", Julia Mattingly
Draft State Legislation: "A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas)", Julia Mattingly
Commonwealth Policy Papers
This draft legislation was sponsored in the 2022 session of the KY General Assembly as HB 718.
The 2025 Michigan State Oral Health Plan, Ellen Sugrue Hyman Jd
The 2025 Michigan State Oral Health Plan, Ellen Sugrue Hyman Jd
The Journal of the Michigan Dental Association
This feature article explores the 2025 Michigan State Oral Health Plan (SOHP), a comprehensive initiative developed by the Michigan Oral Health Coalition (MOHC) and a statewide coalition, including the Michigan Dental Association (MDA). With a focus on enhancing oral health for all Michigan residents, the SOHP prioritizes addressing economic and racial disparities. The plan, guided by three key goals—Increasing Awareness and Education, Dental-Health Integration, and Access and Infrastructure—aims to improve oral health outcomes. The article discusses the plan's development process, key findings highlighting existing disparities, workforce challenges, and the strategic implementation of the SOHP through collaborative efforts and workgroups.
One Child Town: The Health Care Exceptionalism Case Against Agglomeration Economies, Elizabeth Weeks
One Child Town: The Health Care Exceptionalism Case Against Agglomeration Economies, Elizabeth Weeks
Utah Law Review
This Article offers an extended rebuttal to the suggestion to move residents away from dying communities to places with greater economic promise. Rural America, arguably, is one of those dying places. A host of strategies aim to shore up those communities and make them more economically viable. But one might ask, “Why bother?” In a similar vein, David Schleicher’s provocative 2017 Yale Law Journal article, Stuck! The Law and Economics of Residential Stagnation, recommended dismantling a host of state and local government laws that operate as barriers to migration by Americans from failing economies to robust agglomeration economies. But Schleicher …
Healthcare Mergers And Acquisitions In An Era Of Consolidation: A Review And A Call For Agency Collaboration In Antitrust Enforcement, Anna Molinari
Healthcare Mergers And Acquisitions In An Era Of Consolidation: A Review And A Call For Agency Collaboration In Antitrust Enforcement, Anna Molinari
Pepperdine Law Review
Healthcare companies are consolidating at an alarming rate. From hospitals, to providers’ offices, to insurance companies, there are increasingly fewer consumer choices and more monopolies, which calls for heightened antitrust enforcement. Interestingly, antitrust enforcement authority in the healthcare industry is shared between the Federal Trade Commission (FTC), which presides over hospital and provider mergers, and the Department of Justice (DOJ), which presides over health insurance mergers. Although the FTC has challenged many hospital and provider mergers, the DOJ has only challenged six health insurance mergers. Furthermore, last year, the DOJ ultimately approved all health insurance mergers. In 2017, in United …
Zika, Feminism, And The Failures Of Health Policy, Johanna Bond
Zika, Feminism, And The Failures Of Health Policy, Johanna Bond
Washington and Lee Law Review Online
The Zika epidemic caused serious concerns about fetal health throughout Latin America and some southern states in the United States. The prevailing governmental response throughout the region continues to emphasize two disease control factors: pregnancy delay and mosquito abatement. This essay argues that the current health policy approach of the World Health Organization, the Centers for Disease Control, and various national governments fails in three primary ways. First, the approach does not adequately consider the intersection of gender and poverty; thus, the current policy fails to respond to the needs of women living in poverty. Second, the health policy response …
Nudges For Health Policy: Effectiveness And Limitations, Victoria A. Shaffer
Nudges For Health Policy: Effectiveness And Limitations, Victoria A. Shaffer
Missouri Law Review
One tool that our government can use to combat our healthcare challenges is the use of health policy in the form of programs, regulations, and agencies that are aimed at improving the overall health and welfare of Americans. Of the various approaches to shaping health policy, this paper will focus on the use of “nudges,” a behavioral strategy for shaping human behavior from the framework, Libertarian Paternalism. In this Article, a nudge is defined as any aspect of choice architecture or any method of structuring the choice environment that influences behavior in a predictable way, with the restriction that this …
Restoring The Parameters Of Public Health In A Time Of Hobby Lobby And Ebola: The Case For A Wellness Account, John D. Blum
Restoring The Parameters Of Public Health In A Time Of Hobby Lobby And Ebola: The Case For A Wellness Account, John D. Blum
Belmont Law Review
The genesis of this piece lies in two seemingly unrelated events in law and public health, the governmental response to the Ebola crisis, and the U.S. Supreme Court ruling in Burwell v. Hobby Lobby, sparked by religious objections to certain employer mandates under the Affordable Care Act. While this essay focuses on the Burwell v. Hobby Lobby case and not Ebola, its core premise is that health policy is best served when government authorities focus strategies and responses within the parameters of individual and population concern. This piece will propose an alternative approach to women’s health promotion, a wellness account, …
Fallout From Chaoulli: Is It Time To Find Cover?, Joan M. Gilmour
Fallout From Chaoulli: Is It Time To Find Cover?, Joan M. Gilmour
Osgoode Hall Law Journal
This article examines the implications of the decision in Chaoulli v. Quebec (A.G.) for Canadian health policy. The author assesses whether governments are likely to strengthen medicare, given past performance and the exit option Chaoulli presents. The article analyzes the consequences of increasing private care and private insurance, concluding this will diminish the publicly funded system. It contrasts Chaoulli -with courts' dismissals of claims for Charter protection of minimal social and economic security, despite the profound effects of the latter on health status. It concludes by noting Chaoulli is one more example of the increasing prevalence of discourse normalizing privatization …
Chaoulli's Legacy For The Future Of Canadian Health Care Policy, Colleen M. Flood
Chaoulli's Legacy For The Future Of Canadian Health Care Policy, Colleen M. Flood
Osgoode Hall Law Journal
In Chaoulli, the majority of the Supreme Court of Canada struck down a Quebec law that prohibited the purchase of private health insurance for essential hospital and physician services. The majority found it to be in breach of the Quebec Charter of Human Rights and Freedoms. The Court was split 3-3 on whether it was also in breach of the Canadian Charter of Rights and Freedoms. The decision was initially considered of limited importance by many given that technically it applied only to Quebec. In the six months since the decision was released, however, it has become clear that the …
"The Last Line Of Defence For [Which?] Citizens": Accountability, Equality, And The Right To Health In Chaoulli, Martha Jackman
"The Last Line Of Defence For [Which?] Citizens": Accountability, Equality, And The Right To Health In Chaoulli, Martha Jackman
Osgoode Hall Law Journal
This article explores the legal and health policy significance of the Supreme Court of Canada's decision in Chaoulli c. Ouebec (Procureur general). Through an in-depth examination of the judgments in the case, the author suggests that the majority's approach to the evidentiary, section 7, and remedial issues raised negates the potential of Charter review as a mechanism for promoting accountability and substantive equality in the health care context. The article goes on to consider the longer-term implications of the decision, including the likely impact of Chaoulli on the health rights of people living in poverty and on the evolution of …
"The Last Line Of Defence For Citizens": Litigating Private Health Insurance In Chaoulli V. Quebec, Christopher P. Manfredi, Antonia Maioni
"The Last Line Of Defence For Citizens": Litigating Private Health Insurance In Chaoulli V. Quebec, Christopher P. Manfredi, Antonia Maioni
Osgoode Hall Law Journal
Litigating health care policy under the Canadian Charter of Rights and Freedoms has become an increasingly common phenomenon. The judicialization of health policy in this form raises important questions about the general phenomenon of legal mobilization. This article examines these questions in the context of Chaoulli v. Quebec (2005), in which the Supreme Court invalidated Quebec's prohibition against private insurance for medical services provided through the public health care system. Among the questions this article explores are: How do such cases get into the judicial system? Under what conditions are such claims likely to be successful? What is the impact …
Canada's Supreme Court And Its National Health Insurance Program: Evaluating The Landmark Chaoulli Decision From A Comparative Perspective, Theodore R. Marmor
Canada's Supreme Court And Its National Health Insurance Program: Evaluating The Landmark Chaoulli Decision From A Comparative Perspective, Theodore R. Marmor
Osgoode Hall Law Journal
This article proceeds in three modes. The first briefly characterizes my reactions to the Chaoulli decision in June 2005 as a policy analyst and one of the experts in the Quebec trial testifying on behalf of Canada's Attorney General. The second part discusses some of the commentaries of others in connection with this decision. The third-and the main section-deals with the Court majority's use of international evidence in arriving at its decision and argues that the approach taken violated almost every scholarly standard for competent, cross-national policy analysis.
Affixing Blame: Ideologies Of Hiv/Aids In Thailand, Tarik Abdel-Monem
Affixing Blame: Ideologies Of Hiv/Aids In Thailand, Tarik Abdel-Monem
San Diego International Law Journal
This Article focuses on ideologies of the HIV/AIDS epidemic in Thailand, one of many nations where the HIV/AIDS pandemic has reached alarming levels. Not unlike other nations struggling with HIV/AIDS, an epidemic of stigma and blame has developed in Thailand with increasing rates of infection among the population. Understandings of whom to blame for the epidemic, and how to realize appropriate solutions, have likewise developed as the epidemic continues to persist and spread. This Article examines these ideologies and how they are mediated through the lens of popular culture in contemporary Thailand. It attempts to examine the reasoning of such …
Rethinking The Health Care Delivery Crisis: The Need For A Therapeutic Jurisprudence, Bruce J. Winick
Rethinking The Health Care Delivery Crisis: The Need For A Therapeutic Jurisprudence, Bruce J. Winick
Journal of Law and Health
In designing a sensible system of national health insurance we need to avoid a repetition of the built-in inflationary pressures that followed the adoption of Medicaid and Medicare. Medicaid and Medicare eligibility encouraged many to increase their use of health care services, in part because they no longer needed to bear the costs (or full costs) or services. This increased demand, exceeding the supply of health care services, predictably produced price hikes. Other factors undoubtedly have contributed to the escalation of health care costs, including the tendency of some doctors to order unnecessary diagnostic tests, over-reliance on high technology, and …
Redefining Government's Role In Health Care: Is A Dose Of Competition What The Doctor Should Order?, James F. Blumstein, Frank A. Sloan
Redefining Government's Role In Health Care: Is A Dose Of Competition What The Doctor Should Order?, James F. Blumstein, Frank A. Sloan
Vanderbilt Law Review
Throughout the 1970s, the two major political parties espoused some form of national health insurance. Faced with a fiscal squeeze, however, the Carter Administration gave national health insurance a relatively low priority.The political movement for comprehensive national health insurance rests on an ideological commitment that the federal government should underwrite the cost of providing universal access to medical services. The objective is essentially redistributive in nature: equitable concerns for the disadvantaged loom as the major focus. The selective expansion of coverage to encompass those identified as needy and worthy, but only those so identified, is anathema to those who traditionally …
Health Professionals' Access To Hospitals: A Retrospective And Prospective Analysis, Jane L. Davis
Health Professionals' Access To Hospitals: A Retrospective And Prospective Analysis, Jane L. Davis
Vanderbilt Law Review
The professional interdependence of the hospital institution and practicing physicians is a phenomenon of post-World War II society. This Note first examines the historical development of that interdependence and explores its erosion into a hospital-dominant mode. Next it examines the most important forces that influence and complicate the question of hospital privileges for the physician within the modern hospital: the interrelated pressures of intraprofessional restraints, pertinent government regulation, and medical technology. Then it sketches the internal procedures that have engendered and defined the relationship between physician and hospital, with special attention to the weaknesses within the procedures that have led …