Law Commons^™

The Past And Future Of Deinstitutionalization Litigation, Samuel R. Bagenstos

Articles

Two conflicting stories have consumed the academic debate regarding the impact of deinstitutionalization litigation. The first, which has risen almost to the level of conventional wisdom, is that deinstitutionalization was a disaster. The second story challenges the suggestion that deinstitutionalization has uniformly been unsuccessful, as well as the causal link critics seek to draw with the growth of the homeless population. This Article, which embraces the second story, assesses the current wave of deinstitutionalization litigation. It contends that things will be different this time. The particular outcomes of the first wave of deinstitutionalization litigation, this Article contends, resulted from the …

Tackling The “Evils” Of Interlocking Directorates In Healthcare Nonprofits, Nicole Huberfeld

Law Faculty Scholarly Articles

The nonprofit sector and matters of nonprofit governance have been in the national spotlight much of late. One area of heightened interest is directors of healthcare entities regularly serving on the board of more than one healthcare organization. Even when board membership of related entities is relatively independent, one corporation's business plan frequently is affected (or even controlled) by the business needs of a separately incorporated parent, affiliate, or other related organization. Very little case law addresses "interlocking" directorates for nonprofit board members, and the case law that does exist tends to address narrow, fact-based state law interpretive issues rather …

Do Different Types Of Hospitals Act Differently?, Jill R. Horwitz

Other Publications

This essay is based on testimony delivered before the U.S. House of Representatives Committee on Ways and Means on May 26, 2005.

Why We Need The Independent Sector: The Behavior, Law, And Ethics Of Not-For-Profit Hospitals, Jill R. Horwitz

Articles

Among the major forms of corporate ownership, the not-for-profit ownership form is distinct in its behavior, legal constraints, and moral obligations. A new empirical analysis of the American hospital industry, using eleven years of data for all urban general hospitals in the country, shows that corporate form accounts for large differences in the provision of specific medical services. Not-for-profit hospitals systematically provide both private and public goods that are in the public interest, and that other forms fail to provide. Two hypotheses are proposed to account for the findings, one legal and one moral. While no causal claims are made, …

Barriers To Attainment Of Health Care In West Central Maine : A Critique By The Poor, Health Facilities Planning Council

Maine Collection

Barriers to Attainment of Health Care in West Central Maine : A Critique by the Poor

"Conducted by the Health Facilities Planning Council, 11 Parkwood Drive, Augusta, Maine under contract to Maine Department of Health and Welfare, June, 1969."

Contents: Foreword / Table of Contents / Introduction / Map / Franklin County / Housing / Dental Rot / Franklin County Memorial Hospital / Family Planning / RN's / State Public Health Nurses / Unmet Health Needs / The Last Outpost / Home Visit in Farmington Falls / Home Visit in Industry / Home Visit in Rangeley Area / Conversations on …

Hospital Emergency Service And The Open Door, Leonard S. Powers

Michigan Law Review

This Article will focus on the emerging duty of hospital emergency rooms to treat patients seeking their aid.