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Health Law and Policy Commons

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2011

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Institution
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Articles 511 - 540 of 634

Full-Text Articles in Health Law and Policy

The Limits Of Reproductive Rights In Improving Women's Health, Rachel Rebouché Jan 2011

The Limits Of Reproductive Rights In Improving Women's Health, Rachel Rebouché

UF Law Faculty Publications

South Africa's Choice on Termination of Pregnancy Act (CTOPA) is heralded as one of the most progressive abortion laws in the world. The law permits unfettered access to government-funded abortion services for all women through the twelfth week of gestation, stating in its preamble that "every woman [has] the right to choose whether to have an early, safe and legal termination of pregnancy according to her individual beliefs." Despite increased availability of legal abortions' (and the inclusion of rights to reproductive health care and decision-making in South Africa's Constitution), the number of illegal terminations in South Africa does not appear …


Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey Jan 2011

Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey

Faculty Publications By Year

The temporary insanity defense has a prominent place in the mythology of criminal law. Because it seems to permit factually guilty defendants to escape both punishment and institutionalization, some imagine it as the “perfect defense.” In fact, the defense has been invoked in a dizzying variety of contexts and, at times, has proven highly successful. Successful or not, the temporary insanity defense has always been accompanied by a storm of controversy, in part because it is often most successful in cases where the defendant’s basic claim is that honor, revenge, or tragic circumstance – not mental illness in its more …


Navigating The Global Health Terrain: Mapping Global Health Diplomacy, David Fidler Jan 2011

Navigating The Global Health Terrain: Mapping Global Health Diplomacy, David Fidler

Articles by Maurer Faculty

This article engages in mapping thinking and practice on global health diplomacy. Increased interest in “global health diplomacy” and “health diplomacy” heightens the need for more rigorous descriptive, conceptual, analytical, and practical approaches to these phenomena. This article discusses why more rigor is needed with respect to global health diplomacy, provides a way to describe global health diplomacy that provides a foundation for further analysis, explores conceptual underpinnings of global health diplomacy to deepen the mapping exercise, and offers a simple but flexible analytical template for use in mapping different aspects of global health diplomacy. The article concludes with thoughts …


Florida V. Hhs - Amicus Brief Of Chamber Of Commerce, United States Chamber Of Commerce Jan 2011

Florida V. Hhs - Amicus Brief Of Chamber Of Commerce, United States Chamber Of Commerce

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Florida V. Hhs - Amicus Brief Of Independence Institute Et Al., Indepedence Institute Jan 2011

Florida V. Hhs - Amicus Brief Of Independence Institute Et Al., Indepedence Institute

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Florida V. Hhs - Order Granting Stay And Motion To Clarify, United States Court Of Appeals For The Eleventh Circuit Jan 2011

Florida V. Hhs - Order Granting Stay And Motion To Clarify, United States Court Of Appeals For The Eleventh Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Florida V. Hhs - Amicus Brief Of American Hospital Association Et Al., American Hospital Association Jan 2011

Florida V. Hhs - Amicus Brief Of American Hospital Association Et Al., American Hospital Association

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Coons V. Geithner - Scheduling Order, United States District Court For The District Of Arizona Jan 2011

Coons V. Geithner - Scheduling Order, United States District Court For The District Of Arizona

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Coons V. Geithner - U.S. Motion To Stay Plaintiffs' Motion For Summary Judgement, United States Department Of Health And Human Services Jan 2011

Coons V. Geithner - U.S. Motion To Stay Plaintiffs' Motion For Summary Judgement, United States Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Bryant V. Holder - U.S. Reply Brief, Eric Holder Jan 2011

Bryant V. Holder - U.S. Reply Brief, Eric Holder

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Goudy-Bachman V. Hhs - District Court Order Denying 12(B)(1), United States District Court For The Middle District Of Pennsylvania Jan 2011

Goudy-Bachman V. Hhs - District Court Order Denying 12(B)(1), United States District Court For The Middle District Of Pennsylvania

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Guardianship And Its Alternatives: A Handbook On Maryland Law, Virginia Rowthorn, Ellen A. Callegary Jan 2011

Guardianship And Its Alternatives: A Handbook On Maryland Law, Virginia Rowthorn, Ellen A. Callegary

Faculty Scholarship

No abstract provided.


Free Rider: A Justification For Mandatory Medical Insurance Under Health Care Reform?, Jeffrey H. Kahn, Douglas A. Kahn Jan 2011

Free Rider: A Justification For Mandatory Medical Insurance Under Health Care Reform?, Jeffrey H. Kahn, Douglas A. Kahn

Scholarly Publications

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 …


Health Care Reform In Virginia: Lessons Learned Before, During, And After The 2011 Virginia General Assembly, Hunter W. Jamerson Jan 2011

Health Care Reform In Virginia: Lessons Learned Before, During, And After The 2011 Virginia General Assembly, Hunter W. Jamerson

Richmond Public Interest Law Review

This article surveys Virginia's initial foray into health care reform. This process began with the Virginia Health Reform Initiative, which had a significant presence in the Virginia 2011 General Assembly session. While the nascent health care reform efforts this session reflect only incremental steps, they are indicative of Virginia's direction and commitment to change. Such change, however, will carry great political and professional strife. This article highlights some examples of the challenges faced on the road to health care reform and discusses possible directions of future legislation in the Virginia General Assembly.


Hidden Truth: The Perils And Protection Of Off-Label Drug And Medical Device Promotion, Gregory Conko Jan 2011

Hidden Truth: The Perils And Protection Of Off-Label Drug And Medical Device Promotion, Gregory Conko

Health Matrix: The Journal of Law-Medicine

No abstract provided.


A Punishing Court Docket, Stephen Wermiel Jan 2011

A Punishing Court Docket, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Symposium On Commercial Speech And Public Health -- Introduction, Jonathan H. Adler Jan 2011

Symposium On Commercial Speech And Public Health -- Introduction, Jonathan H. Adler

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Reforming Health Reform: Revisiting The Process Of Governance, John D. Blum Jan 2011

Reforming Health Reform: Revisiting The Process Of Governance, John D. Blum

Faculty Publications & Other Works

No abstract provided.


The Abortion Informed Consent Debate: More Light, Less Heat., Nadia N. Sawicki Jan 2011

The Abortion Informed Consent Debate: More Light, Less Heat., Nadia N. Sawicki

Faculty Publications & Other Works

No abstract provided.


Global Access To Medicine: The Influence Of Competing Perspectives., Cynthia M. Ho Jan 2011

Global Access To Medicine: The Influence Of Competing Perspectives., Cynthia M. Ho

Faculty Publications & Other Works

No abstract provided.


Patent Protection Of Medical Records—Focusing On Ethical Issues, Yūsuke Satō, Jiameng Kathy Liu Jan 2011

Patent Protection Of Medical Records—Focusing On Ethical Issues, Yūsuke Satō, Jiameng Kathy Liu

Washington International Law Journal

The following is a translation of “Patent Protection of Medical Methods—Focusing on Ethical Issues,” an article written by Professor Yūsuke Satō in the June 2007 issue of the Japanese periodical Annual of Industrial Property Law. In Japan, despite the lack of an explicit statutory prohibition, methods of medical treatment have never been patentable. The Japan Patent Office (“JPO”) has rejected patenting medical processes on ethical grounds, interpreting that they do not fulfill the statutory requirement of “industrial applicability” in the main sentence of Article 29, Section 1 of the Patent Act, and courts have been confirming this practice. In light …


Using Payroll Deduction To Shelter Individual Health Insurance From Income Tax, David Orentlicher Jan 2011

Using Payroll Deduction To Shelter Individual Health Insurance From Income Tax, David Orentlicher

Scholarly Works

In this article, Professor Orentlicher and his colleagues assess the impact of state laws requiring or encouraging employers to establish ‘‘section 125’’ cafeteria plans that shelter employees’ premium contributions from tax.


Can Congress Make You Buy Broccoli? And Why It Doesn’T Matter, David Orentlicher Jan 2011

Can Congress Make You Buy Broccoli? And Why It Doesn’T Matter, David Orentlicher

Scholarly Works

No abstract provided.


The Commerical Speech Doctrine In Health Regulation: The Clash Between The Public Interest In A Robust First Amendment And The Public Interest In Effective Protection From Harm, David Orentlicher Jan 2011

The Commerical Speech Doctrine In Health Regulation: The Clash Between The Public Interest In A Robust First Amendment And The Public Interest In Effective Protection From Harm, David Orentlicher

Scholarly Works

No abstract provided.


Controlling Health Care Costs Through Public, Transparent Processes: The Conflict Between The Morally Right And The Socially Feasible, David Orentlicher Jan 2011

Controlling Health Care Costs Through Public, Transparent Processes: The Conflict Between The Morally Right And The Socially Feasible, David Orentlicher

Scholarly Works

No abstract provided.


Constitutional Challenges To The Health Care Mandate: Based In Politics, Not Law, David Orentlicher Jan 2011

Constitutional Challenges To The Health Care Mandate: Based In Politics, Not Law, David Orentlicher

Scholarly Works

No abstract provided.


Reforming State Mental Health Parity Law, Stacey A. Tovino Jan 2011

Reforming State Mental Health Parity Law, Stacey A. Tovino

Scholarly Works

This Article is the final installment in a three-part project that presents a comprehensive challenge to lingering legal distinctions between physical and mental illness in the context of health insurance. The first installment in this series narrowly inquired as to whether the postpartum mood disorders should be classified as physical or mental illnesses in a range of health law contexts, including the context of health insurance. The second installment was broader in scope and challenged a number of federal provisions that allow publicly- and privately-funded health care programs and plans to provide mental health insurance benefits that are less comprehensive …


Masthead, Volume 21 Issue 1 (2011) Jan 2011

Masthead, Volume 21 Issue 1 (2011)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 21 Issue 1 (2011), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2011

Volume 21 Issue 1 (2011), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Health Related Claims, The Market For Information, And The First Amendment, J. Howard Beales Iii Jan 2011

Health Related Claims, The Market For Information, And The First Amendment, J. Howard Beales Iii

Health Matrix: The Journal of Law-Medicine

No abstract provided.