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Full-Text Articles in Law
Introduction - Symposium Issue On Health Data Security Systems, Sharona Hoffman
Introduction - Symposium Issue On Health Data Security Systems, Sharona Hoffman
Faculty Publications
Introduction to the Health Data Security System symposium 2012 Huston, TX.
All For One And One For All: Informed Consent And Public Health, Jessica Wilen Berg
All For One And One For All: Informed Consent And Public Health, Jessica Wilen Berg
Faculty Publications
The concept of informed consent is well established in the field of bioethics, but its application is unclear in the area of public health. The increasing prevalence of public health interventions creates a need to analyze the scope of government power as it relates to individual choice. This Article explores three different types of public health measures in which individual choice has been limited: (1) environmental interventions; (2) classic public health interventions to prevent contagious disease; and (3) public health information reporting or use. The reasons for limiting informed consent vary depending on the context, and the implications for the …
The Individual Mandate And The Taxing Power, Erik M. Jensen
The Individual Mandate And The Taxing Power, Erik M. Jensen
Faculty Publications
This article, prepared for a symposium at the Salmon P. Chase College of Law, Northern Kentucky University, considers whether the Taxing Clause provides an alternative constitutional basis, as some have recently argued, for the individual mandate in the Patient Protection and Affordable Care Act of 21 - the requirement, going into effect in 214, that most individuals acquire satisfactory health insurance or pay a penalty. The article concludes that the Taxing Clause arguments are misguided. At best, the Clause can provide authority for the penalty, not for the mandate as a whole. Furthermore, the article questions whether the penalty will …
Professional Power And The Standard Of Care In Medicine, Maxwell J. Mehlman
Professional Power And The Standard Of Care In Medicine, Maxwell J. Mehlman
Faculty Publications
Since before the founding of the Republic, American medicine has been fighting a war to control the standard of care that physicians are expected to provide to their patients. It has waged battles on two fronts: against internal disagreements within the profession over what constitutes proper care, and against attempts to delineate the standard of care by forces outside the profession, such as private health insurers, the government, and the judicial system.