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Health Law and Policy

Series

Health Law and Policy

Working Paper Series

2011

Articles 1 - 3 of 3

Full-Text Articles in Law

"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill Aug 2011

"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill

Working Paper Series

This is the introductory chapter of Stories About Science in Law: Literary and Historical Images of Acquired Expertise (Ashgate, 2011), explaining that the book presents examples of how literary accounts can provide a supplement to our understanding of science in law. Challenging the view that law and science are completely different, I focus on stories that explore the relationship between law and science, and identify cultural images of science that prevail in legal contexts. In contrast to other studies on the transfer and construction of expertise in legal settings, the book considers the intersection of three interdisciplinary projects-- law and …


Did I Do That? An Argument For Requiring Pennsylvania To Evaluate The Racial Impact Of Medicaid Policy Decisions Prior To Implementation, Michael Campbell Aug 2011

Did I Do That? An Argument For Requiring Pennsylvania To Evaluate The Racial Impact Of Medicaid Policy Decisions Prior To Implementation, Michael Campbell

Working Paper Series

In Pennsylvania, Medicaid is a critical source of health insurance for people of color, far more so than for white persons. Currently, 38.7% of black or African American Pennsylvanians and 32.4% of Hispanics rely on Medicaid to pay their medical bills, compared to only 12% of white non-Hispanics. With the advent of national health care reform, Medicaid promises to take on an expanded role in opening doors to the health care system for people of color, by extending coverage to many who previously lacked insurance. But while Medicaid facilitates access to health care for those who might otherwise do without, …


The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan Feb 2011

The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan

Working Paper Series

Randy Barnett has recently argued that the individual mandate is unconstitutional because it is an improper regulation under the Necessary and Proper Clause (in conjunction with the Commerce Clause) because it improperly "commandeers" the people and thereby violates their sovereignty. In this paper, I counter that the argument from sovereignty is unavailing because it is, among other defects, hopelessly ambiguous. The variety of historically attested meanings of "sovereignty" renders the concept useless for purposes of answering questions of comparative authority, including the authority of the Congress to mandate that individuals purchase health insurance from a private market. There is no …