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Full-Text Articles in Law

Genetic Information And Health Insurance: State Legislative Approaches, Karen H. Rothenberg Dec 2009

Genetic Information And Health Insurance: State Legislative Approaches, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


The Potential For Discrimination In Health Insurance Based On Predictive Genetic Tests, Karen H. Rothenberg Dec 2009

The Potential For Discrimination In Health Insurance Based On Predictive Genetic Tests, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


Advances In Genetic Research And Technologies: Challenges For Public Policy, Karen H. Rothenberg Dec 2009

Advances In Genetic Research And Technologies: Challenges For Public Policy, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


The Genetic Information Nondiscrimination Act: A New Look At An Old Problem, Sagit Ziskind Feb 2009

The Genetic Information Nondiscrimination Act: A New Look At An Old Problem, Sagit Ziskind

Sagit Ziskind

Following more than a decade of congressional and academic debate, the Genetic Information Nondiscrimination Act of 2008 (GINA) was signed into law. GINA forbids health insurers from making coverage determinations based on genetic information from a broad range of sources. GINA has put an end to a patchwork of inconsistent state and federal laws regulating the use of genetic information by the health insurance industry. This essay offers a new framework for understanding the merits of GINA and the appropriateness of its scope. Drawing on economic rationales, this essay shows that genetics legislation pre-GINA failed to adequately advance the principle …


Bringing Sexual Orientation And Gender Identity Into The Tax Classroom, Anthony C. Infanti Jan 2009

Bringing Sexual Orientation And Gender Identity Into The Tax Classroom, Anthony C. Infanti

Anthony C. Infanti

A recent piece in the Journal of Legal Education analyzing student surveys by the Law School Admission Council reports that, despite improvement in the past decade, LGBT students still experience a law school climate in which they encounter substantial discrimination both inside and outside the classroom. Included among the list of “best practices” to improve the law school climate for LGBT students was a recommendation to incorporate discussions of LGBT issues in non-LGBT courses, such as tax. In a timely coincidence, the Section on Sexual Orientation and Gender Identity Issues held a day-long program at the 2009 AALS annual meeting …


Overcoming Fears Of Erisa Preemption To Cover The Working Uninsured: Lessons Learned From Hawaii, California, And Massachusetts, Angela Tokuda Dec 2008

Overcoming Fears Of Erisa Preemption To Cover The Working Uninsured: Lessons Learned From Hawaii, California, And Massachusetts, Angela Tokuda

Angela Tokuda

As the debate for national health care reform continues to evolve, the question remains to what extent will national reform leave room to preserve state-level experimentation, especially in light of ERISA (Employee Retirement Income Security Act) preemption. ERISA preemption has remained a formidable obstacle to state efforts. However, three states, Hawaii, California and Massachusetts, have been successful in expanding health insurance coverage at the local level. Although each state utilizes different objectives to cover their uninsured population, each faces the same threat of ERISA preemption. Nonetheless, these states have come up with unique ways to avoid ERISA preemption. This paper …


In Search Of An Enforceable Medical Malpractice Exculpatory Agreement: Introducing Confidential Contracts As A Solution To The Doctor-Patient Relationship Problem, Matthew Lawrence Dec 2008

In Search Of An Enforceable Medical Malpractice Exculpatory Agreement: Introducing Confidential Contracts As A Solution To The Doctor-Patient Relationship Problem, Matthew Lawrence

Matthew B. Lawrence

Scholars have argued that the malpractice system would be better off if patients had the option of waiving the right to sue for malpractice in exchange for a lower fee. Some doctors have tried to follow this advice by having their patients sign medical malpractice exculpatory agreements, but courts usually have refused to enforce these agreements, invoking a void-for-public-policy rationale. This Note argues that a doctor could maximize the odds that a court would enforce her medical malpractice exculpatory agreement by somehow ensuring that she will never find out whether her patient decided to sign. A case study of the …