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Articles 481 - 510 of 634
Full-Text Articles in Health Law and Policy
What Happened: Confronting Confrontation In The Wake Of Bullcoming, Bryant, And Crawford., Dibrell Waldrip, Sara M. Berkeley
What Happened: Confronting Confrontation In The Wake Of Bullcoming, Bryant, And Crawford., Dibrell Waldrip, Sara M. Berkeley
St. Mary's Law Journal
Crawford v. Washington and its progeny demonstrate the difficulty of delineating both the core and the perimeter of the Confrontation Clause. Crawford abrogated Ohio v. Roberts, forcing trial lawyers to re-evaluate the use of various types of hearsay formerly admitted upon a finding of adequate “indicia of reliability.” Later the Court issued two decisions further altering the contours of Confrontation Clause jurisprudence. Michigan v. Bryant and Bullcoming v. New Mexico. With these options, the old Roberts “indicia of reliability” test transformed into the new “primary purpose” test to identify certain testimonial statements. By significantly altering the contours of Confrontation Clause …
Limiting The Foreclosure Power Of Texas Hoas With A Percentage Threshold Comment., Laci Ehlers
Limiting The Foreclosure Power Of Texas Hoas With A Percentage Threshold Comment., Laci Ehlers
St. Mary's Law Journal
Abstract Forthcoming.
Table Of Contents
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Guardianship For Persons With Mental Illness — A Legal And Appropriate Alternative?, Leslie Salzman
Guardianship For Persons With Mental Illness — A Legal And Appropriate Alternative?, Leslie Salzman
Saint Louis University Journal of Health Law & Policy
No abstract provided.
The Ethics Of Representing Clients With Limited Competency In Guardianship Proceedings, Henry Dlugacz, Christopher Winner
The Ethics Of Representing Clients With Limited Competency In Guardianship Proceedings, Henry Dlugacz, Christopher Winner
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Skeletons In The Family Medical Closet: Access Of Personal Representatives To Interoperable Medical Records, Leslie P. Francis
Skeletons In The Family Medical Closet: Access Of Personal Representatives To Interoperable Medical Records, Leslie P. Francis
Saint Louis University Journal of Health Law & Policy
No abstract provided.
New Governance In Action: Community Health Centers And The Public Health Service Act, Yolonda Campbell
New Governance In Action: Community Health Centers And The Public Health Service Act, Yolonda Campbell
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Abdullahi V. Pfizer & The Alien Tort Statute: Kicking Open A Door Left Slightly Ajar By Sosa V. Alvarez-Machain, Tiffany A. Hetland
Abdullahi V. Pfizer & The Alien Tort Statute: Kicking Open A Door Left Slightly Ajar By Sosa V. Alvarez-Machain, Tiffany A. Hetland
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Table Of Contents
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Implementing The Affordable Care Act, Sidney D. Watson
Implementing The Affordable Care Act, Sidney D. Watson
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Making Health Markets Work Better Through Targeted Doses Of Competition, Regulation, And Collaboration, Len M. Nichols
Making Health Markets Work Better Through Targeted Doses Of Competition, Regulation, And Collaboration, Len M. Nichols
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Loopholes In The Affordable Care Act: Regulatory Gaps And Border Crossing Techniques And How To Address Them, Timothy Stoltzfus Jost
Loopholes In The Affordable Care Act: Regulatory Gaps And Border Crossing Techniques And How To Address Them, Timothy Stoltzfus Jost
Saint Louis University Journal of Health Law & Policy
No abstract provided.
The Aca, The Large Group Market, And Content Regulation: What’S A State To Do?, Amy B. Monahan
The Aca, The Large Group Market, And Content Regulation: What’S A State To Do?, Amy B. Monahan
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Creating Multi-State Qualified Health Plans In Health Insurance Exchanges: Lessons For Rural And Urban America From The Federal Employees Health Benefits Program, Sidney D. Watson, Yolonda Campbell, Timothy Mcbride
Creating Multi-State Qualified Health Plans In Health Insurance Exchanges: Lessons For Rural And Urban America From The Federal Employees Health Benefits Program, Sidney D. Watson, Yolonda Campbell, Timothy Mcbride
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Rethinking Medicaid In The New Normal, Sara Rosenbaum, Benjamin D. Sommers
Rethinking Medicaid In The New Normal, Sara Rosenbaum, Benjamin D. Sommers
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Public Options: The Need For Long-Term Care, Its Costs, And Government’S Attempts To Address Them, Alexander N. Daskalakis
Public Options: The Need For Long-Term Care, Its Costs, And Government’S Attempts To Address Them, Alexander N. Daskalakis
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Regulatory Barriers When Implementing E-Prescribing Of Controlled Substances: Could Model Language Be The Solution?, Charles S. Hartig
Regulatory Barriers When Implementing E-Prescribing Of Controlled Substances: Could Model Language Be The Solution?, Charles S. Hartig
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Can Joe The Plumber Support Redistribution? Law, Social Preferences, And Sustainable Policy Design, Gillian Lester
Can Joe The Plumber Support Redistribution? Law, Social Preferences, And Sustainable Policy Design, Gillian Lester
Faculty Scholarship
How does one win popular support for laws designed specifically to redistribute economic wealth? One can hardly gainsay that this is a – perhaps the – defining issue for domestic policy in the age of President Obama. Even as the recent financial crisis has exposed the need for a reliable social safety net, attempts to respond through the political and legislative arenas have triggered increasingly hostile responses among conservatives, populists, Massachusetts voters, and incipient tea partiers. The puzzle of how to attract and preserve public support for law reform aimed at redistribution – of both income and risk – is …
Malpractice Suits And Physician Apologies In Cancer Care, Eugene Chung, Jill R. Horwitz, John A.E. Pottow, Reshma Jagsi
Malpractice Suits And Physician Apologies In Cancer Care, Eugene Chung, Jill R. Horwitz, John A.E. Pottow, Reshma Jagsi
Articles
Conside the following case: The patient is a 44-year-old woman who presents for radiation treatment of an isolated locoregional recurrence of breat cancer in her chest wall, 3 years after undergoing masectomy. At the time of diagnosis, she had T2N2M0 disease, with four of 15 lymph nodes involved with tumor. She received a masectomy with negative margins and appropriate chemotherapy, but none of her physicians talked to her about postmasectomy radiation therapy, which would clearly have been indicated to reduce her risk of locoregional failure and would have been expected to improve her likelihood of survival. She asks the radiation …
The Unaffordable Health Care Act - A Reponse To Professors Bagley And Horwitz, Douglas A. Kahn, Jeffrey H. Kahn
The Unaffordable Health Care Act - A Reponse To Professors Bagley And Horwitz, Douglas A. Kahn, Jeffrey H. Kahn
Articles
The Patient Protection and Affordable Care Act of 2010 has stirred considerable controversy. In the public debate over the program, many of its proponents have defended it by focusing on what is sometimes called the “free-rider” problem. In a prior article, we contended that the free-rider problem has been greatly exaggerated and was not a significant factor in the congressional decision to adopt the Act. We maintained that the free-rider issue is a red herring advanced to trigger an emotional attraction to the Act and distract attention from the actual issues that favor and disfavor its adoption. In a recently …
Free Rider: A Justification For Mandatory Medical Insurance Under Health Care Reform?, Douglas A. Kahn, Jeffrey H. Kahn
Free Rider: A Justification For Mandatory Medical Insurance Under Health Care Reform?, Douglas A. Kahn, Jeffrey H. Kahn
Articles
Section 1501 of the Patient Protection and Affordable Care Act added section 5000A to the Internal Revenue Code to require most individuals in the United States, beginning in the year 2014, to purchase an established minimum level of medical insurance. This requirement, which is enforced by a penalty imposed on those who fail to comply, is sometimes referred to as the “individual mandate.” The individual mandate is one element of a vast change to the provision of medical care that Congress implemented in 2010. The individual mandate has proved to be controversial and has been the subject of a number …
Making Willing Bodies: Manufacturing Consent Among Prisoners And Soldiers, Creating Human Subjects, Patriots, And Everyday Citizens, Bernard E. Harcourt
Making Willing Bodies: Manufacturing Consent Among Prisoners And Soldiers, Creating Human Subjects, Patriots, And Everyday Citizens, Bernard E. Harcourt
Faculty Scholarship
In March 1944, doctors at the University of Chicago began infecting volunteer convicts at Stateville Prison with a virulent strand of malaria to test the effectiveness and side-effects of potent anti-malarial drugs. According to Dr. Alf Alving, the principal investigator, malaria "was the number-one medical problem of the war in the Pacific" and "we were losing far more men to malaria than to enemy bullets." This refrain would rehearse one of the most productive ways of speaking about prisoner experimentation. The Stateville prisoners became human once again and regained their citizenship and political voice by sacrificing their bodies to the …
An Institutionalization Effect: The Impact Of Mental Hospitalization And Imprisonment On Homicide In The United States, 1934-2001, Bernard E. Harcourt
An Institutionalization Effect: The Impact Of Mental Hospitalization And Imprisonment On Homicide In The United States, 1934-2001, Bernard E. Harcourt
Faculty Scholarship
Previous research suggests that mass incarceration in the United States may have contributed to lower rates of violent crime since the 1990s but, surprisingly, finds no evidence of an effect of imprisonment on violent crime prior to 1991. This raises what Steven Levitt has called “a real puzzle.” This study offers the solution to the puzzle: the error in all prior studies is that they focus exclusively on rates of imprisonment, rather than using a measure that combines institutionalization in both prisons and mental hospitals. Using state-level panel-data regressions over the 68-year period from 1934 to 2001 and controlling for …
Warning, This Decision Will Increase The Cost Of Prescription Drugs: How The Supreme Court’S Misapplication Of Preemption Doctrine In Wyeth V. Levine Portends Devastating Consequences For Oklahoma, Tyler R. Barrett
Oklahoma Law Review
No abstract provided.
Patent Office As Biosecurity Gatekeeper: Fostering Responsible Science And Building Public Trust In Diy Science, 10 J. Marshall Rev. Intell. Prop. L. 423 (2011), Brian J. Gorman
UIC Review of Intellectual Property Law
When the fields of intellectual property law and biotechnology intersect, most analysis is driven byeconomic and ethical issues. This article examines these factors, but in relation to the emerging security threat posed by biohackers, or do-it-yourself (“DIY”) scientists, who operate free from oversight and industry norms at the fringes of the biotechnology community. Public health risks are poised to grow as these citizen-scientists race for lucrative discoveries in the new frontier of syntheticbiology. This article proposes that the existing paradigm adjust accordingly to leverage regulatory compliance from the most ambitious biohackers looking to benefit from patent protection. The U.S. government …
A Shot In The Arm: What A Modern Approach To Jacobson V. Massachusetts Means For Mandatory Vaccinations During A Public Health Emergency , Ben Horowitz
American University Law Review
No abstract provided.
Ppaca And Public Health: Creating A Framework To Focus On Prevention And Wellness And Improve The Public's Health, Gwendolyn R. Majette
Ppaca And Public Health: Creating A Framework To Focus On Prevention And Wellness And Improve The Public's Health, Gwendolyn R. Majette
Law Faculty Articles and Essays
On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (PPACA), a major piece of health care reform legislation.This comprehensive legislation includes provisions that focus on prevention, wellness, and public health. Some, including authors in this symposium, question whether Congress considered public health, prevention, and wellness issues as mere afterthoughts in the creation of PPACA. As this article amply demonstrates, they did not.This article documents the extent of congressional consideration on public health issues based on personal experience working on the framework for health care reform--specifically, my experience as a Fellow for a member of the …
The Affordable Care Act’S Preventive Services Mandate: Breaking Down The Barriers To Nationwide Access To Preventive Services, John Aloysius Cogan, Jr.
The Affordable Care Act’S Preventive Services Mandate: Breaking Down The Barriers To Nationwide Access To Preventive Services, John Aloysius Cogan, Jr.
Faculty Articles and Papers
No abstract provided.