Law Commons^™

Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman

Law and Contemporary Problems

Hyman criticizes an article by Havighurst and Richman regarding the distributive injustices of US health care. Hyman also offers a guide for implementing policy reforms based on the analysis by Havighurst and Richman.

Distributional Considerations In The Overregulation Of Health Professionals, Health Facilities, And Health Plans, Christopher J. Conover

Law and Contemporary Problems

Conover addresses the equity issue in health care spending. Conover concludes that the marginal impact of health regulation is to make the US health system more, rather than less, regressive.

Of Head Taxes, Income Taxes, And Distributive Justice In American Health Care, Lawrence Zelenak

Law and Contemporary Problems

Havighurst and Richman have made an important contribution by uncovering ways in which the current system of health care financing, including the income-tax treatment of employer-provided health insurance, has disturbing distributional effects.

Distributive Injustice(S) In American Health Care, Clark C. Havighurst, Barak D. Richman

Law and Contemporary Problems

Havighurst and Richman seek to show the nature--and to suggest the cumulative attitude--of the many regressive tendencies of the financing, regulatory and legal regime governing the private side of US health care.

Distributive Justice In Pharmaceutical Torts: Justice Where Justice Is Due?, Chen-Sen Wu M.D., J.D.

Law and Contemporary Problems

Chen-Sen Wu concludes that, until empirical evidence clarifies the net distributive impact of pharmaceutical torts, the capacity for tort reform to rectify distributive injustices in health care will remain far from obvious.

Measuring Distributive Injustice On A Different Scale, Tom Miller

Law and Contemporary Problems

Miller highlights the importance of education as a powerful contributor to significant differences in health outcomes. Enhancing educational opportunities for lower-income Americans may help to ensure that only no child, but also no patient, is left behind.

Strict Liability And The Liberal Justice Theory Of Torts, Alan Calnan

ExpressO

Ask a group of tort scholars to explain the relationship between fault and strict liability and the responses are likely to be sharply split. An economist might reply that strict liability—assigned on the basis of efficiency—should be the rule and fault, if it is to apply at all, but a reluctant and occasional exception. A moralist, however, would likely give the opposite opinion—that fault, defined as deontological culpability, should be the rule and strict liability the exception.

Ironically, both economists and moralists often base their views on liberal principles. Economists rely on the political dimension of liberalism, arguing that government …

Copyright Distributive Injustice, Daniel Benoliel

ExpressO

By design, copyright is a legal field that is not distinctively designed for redistribution. And yet, numerous fairness scholars and other critics of the economics paradigm quite markedly argue that copyright law should be based upon some measure of distribution, not efficiency.

This essay argues that copyright law should not promote distributive justice concerns, subject to narrow exceptions and that other more efficient law such as taxation and welfare laws should do that instead. It does so in accordance to the prevailing welfare economics interpretative approach to copyright jurisprudence, with emphasis on the latest Peer-to-Peer (P2P) file sharing litigation.

It …

Three Thoughts Concerning Just Linkage, Daniel Markovits

Cornell International Law Journal

No abstract provided.

The Wto Agreement On Government Procurement And The Uncitral Model Procurement Law: A View From Outside The Region, John Linarelli

Scholarly Works

Two of the most significant efforts to bring municipal procurement institutions up to international standards are the WTO Agreement on Government Procurement (GPA) and the UNCITRAL Model Law on Procurement of Goods, Construction and Services. Though the Model Law has had limited adoptions, it enjoys global influence as a source of norms and practices for good public procurement. The GPA, also reflective of international standards, seems to be on the rise, as more WTO members elect to become GPA contracting parties. This article explores two aspects of these instruments. First, the article explores how the Model Law promotes efficient public …

What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli

Scholarly Works

No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …

Locational Justice: Race, Class, And The Grassroots Protest Of Property Takings, Judith E. Koons

Faculty Scholarship

No abstract provided.

Locational Justice: Race, Class, And The Grassroots Protest Of Property Takings, Judith E. Koons

Santa Clara Law Review

No abstract provided.