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Articles 1 - 11 of 11
Full-Text Articles in Law
Medical Malpractice Reform?, Robert B. Leflar
Medical Malpractice Reform?, Robert B. Leflar
Robert B Leflar
Column 3 (of 5) on health reform: Medical malpractice reform proposals
Health Bills: What's At The Core, Robert B. Leflar
Health Bills: What's At The Core, Robert B. Leflar
Robert B Leflar
Column 2 (of 5) on the health reform debate: explanation of the legislation.
Health Care: Yellow Lights, Red Flags, Robert B. Leflar
Health Care: Yellow Lights, Red Flags, Robert B. Leflar
Robert B Leflar
Column 1 (of 5) on the health reform debate
The Supreme Court's Assault On Litigation: Why (And How) It Might Be A Good Thing For Health Law, Abigail R. Moncrieff
The Supreme Court's Assault On Litigation: Why (And How) It Might Be A Good Thing For Health Law, Abigail R. Moncrieff
Abigail R. Moncrieff
In recent years, the Supreme Court has narrowed or eliminated private rights of action in many legal regimes, much to the chagrin of the legal academy. That trend has had a significant impact on health law; the Court’s decisions have eliminated the private enforcement mechanism for at least three important healthcare regimes: Medicaid, employer-sponsored insurance, and medical devices. In a similar trend outside the courts, state legislatures have capped noneconomic and punitive damages for medical malpractice litigation, weakening the tort system’s deterrent capacity in those states. This Article points out that the trend of eliminating private rights of action in …
Research Governance Lessons From The National Placebo Initiative, Heather Sampson, Charles Weijer, Daryl Pullman
Research Governance Lessons From The National Placebo Initiative, Heather Sampson, Charles Weijer, Daryl Pullman
Charles Weijer
No abstract provided.
The Genetic Information Nondiscrimination Act: A New Look At An Old Problem, Sagit Ziskind
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 …
I'M Interested In Health Law - Now Where Can I Get A Job?, Jennifer Bard
I'M Interested In Health Law - Now Where Can I Get A Job?, Jennifer Bard
Jennifer Bard
Health care is a trillion-dollar industry that has grown exponentially over the past ten years with very little sign of slowing. The demand of legal services has tracked the growth of the industry. As a result, individuals in the health care field are increasingly thinking of expanding their career opportunities by getting law degrees and students already enrolled in law schools are interested in pursuing opportunities within health law. This article is intended to serve as a guide to both groups about the wide variety of job opportunities for lawyers within health care, where to find these jobs and how …
I’M Interested In Health Law—Now Where Can I Get A Job?, Jennifer Bard
I’M Interested In Health Law—Now Where Can I Get A Job?, Jennifer Bard
Jennifer Bard
Health care is a trillion-dollar industry that has grown exponentially over the past ten years with very little sign of slowing. The demand of legal services has tracked the growth of the industry. As a result, individuals in the health care field are increasingly thinking of expanding their career opportunities by getting law degrees and students already enrolled in law schools are interested in pursuing opportunities within health law. This article is intended to serve as a guide to both groups about the wide variety of job opportunities for lawyers within health care, where to find these jobs and how …
Three Ways Of Looking At A Health Law And Literature Class, Jennifer Bard
Three Ways Of Looking At A Health Law And Literature Class, Jennifer Bard
Jennifer Bard
The authors of this Article participated in a panel at the American Society of Law, Ethics & Medicine Conference in 2008 that discussed the use of literary materials in law school to teach medical ethics (and related matters) in a law school setting. Each author comes at the topic from a different perspective based on his or her own experience and background. This Article and the panel on which it was based reflect views on how literature can play a valuable role in helping law students, as well as medical students, understand important legal and ethical issues and concepts in …
The Regulation Of Medical Malpractice In Japan, Robert Leflar
The Regulation Of Medical Malpractice In Japan, Robert Leflar
Robert B Leflar
How Japanese legal and social institutions handle medical errors is little known outside Japan. For almost all of the 20th century, a paternalistic paradigm prevailed. Characteristics of the legal environment affecting Japanese medicine included few attorneys handling medical cases, low litigation rates, long delays, predictable damage awards, and low-cost malpractice insurance. However, transparency principles have gained traction and public concern over medical errors has intensified. Recent legal developments include courts' adoption of a less deferential standard of informed consent; increases in the numbers of malpractice claims and of practicing attorneys; more efficient claims handling by specialist judges and speedier trials; …
Overcoming Fears Of Erisa Preemption To Cover The Working Uninsured: Lessons Learned From Hawaii, California, And Massachusetts, Angela Tokuda
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 …