Health Law and Policy Commons^™

Florida V. Hhs - Response/Reply Brief For Appellants, United States Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - U.S. Reply-Response Brief, United States Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Seven-Sky V. Holder - Brief Of Appellants, Susan Seven-Sky

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Conflict Management Education In Medicine: Considerations For Curriculum Designers, Jeffery Kaufman

Online Journal for Workforce Education and Development

It is important to address conflict in the medical field for a variety of reasons ranging from reducing turnover to increasing the quality of care received by patients. One way to assist with the management of medical conflict is by teaching resolution techniques to medical personnel. There is an opportunity for conflict management curriculum to address many of the issues facing physicians, administrators, staff and patients, however, it is also necessary for those developing that curriculum to understand the nature of the environment and appropriate conflict management tools to be used in that environment as part of the design process. …

Redefining Child Under The State Children's Health Insurance Program: Capable Of Repetition, Yet Evading Results, Elisabeth H. Sperow

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Florida V. Hhs - Response Brief For The States, State Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Brief For Private Plaintiffs, National Federation Of Independent Business

Patient Protection and Affordable Care Act Litigation

No abstract provided.

The Joint Action And Learning Initiative: Towards A Global Agreement On National And Global Responsibilities For Health, Lawrence O. Gostin, Eric A. Friedman, Gorik Ooms, Thomas Gebauer, Narendra Gupta, Devi Sridhar, Wang Chenguang, John-Arne Røttingen, David Sanders

O'Neill Institute Papers

A coalition of civil society organizations and academics is initiating a Joint Action and Learning Initiative on National and Global Responsibilities for Health (JALI) to research key conceptual questions involving health rights and responsibilities, with the goal of securing a global health agreement andsupporting civil society and community mobilization around the human right to health. The social mobilization is critical to creating the political space that would make such an agreement possible and to ensuring its implementation.

This agreement, such as a Framework Convention on Global Health, would inform post-Millennium Development Goal global health commitments, be grounded in the right …

Liberty University V. Geithner - U.S. Supplemental Brief, Timothy Geithner

Patient Protection and Affordable Care Act Litigation

No abstract provided.

From Trusted Confidant To Witness For The Prosecution: The Case Against The Recognition Of A Dangerous-Patient Exception To The Psychotherapist-Patient Privilege, Deborah Paruch

The University of New Hampshire Law Review

[Excerpt] “In 1996, in Jaffee v. Redmond, the U.S. Supreme Court, pursuant to the authority set forth in Federal Rule of Evidence 501, recognized a psychotherapist-patient privilege in the federal courts. In doing so, the Court acknowledged the essential role that confidentiality plays in a therapist-patient relationship and also recognized the important role that psychotherapy plays in the mental health of the American citizenry. However, in dicta set out in a footnote near the conclusion of the opinion (footnote 19 of the opinion), the Court suggested that the privilege might not be absolute, that it might need to “give way …

Implementing American Health Care Reform: The Fiduciary Imperative, Dayna Bowen Matthew

Buffalo Law Review

No abstract provided.

Canadian Food Law Update, Patricia L. Farnese

Journal of Food Law & Policy

Provided below is an overview of developments in Canadian food law and policy in 2010. This update primarily analyzes the regulatory and policy developments and litigation activities by the federal government. This focus reflects the significance of federal activities in the food policy realm.

United States Food Law Update: The Fda Food Safety Modernization Act, Obesity And Deceptive Labeling Enforcement, A. Bryan Endres, Nicholas R. Johnson

Journal of Food Law & Policy

The long-awaited enactment of the FDA Food Safety Modernization Act (FSMA), the most significant amendment to the Federal Food, Drug, and Cosmetic Act in several decades, provides the Food and Drug Administration (FDA) with significantly enhanced jurisdiction to close some of the gaps in the domestic food safety system. The enhanced FDA authority, however, will have little impact on the shared governance system at the federal level that involves multiple agencies, as the Act does not address the U.S. General Accounting Office's (GAO) repeated calls for consolidation of the fragmented federal food safety system. Rather, the Act perpetuates the division …

Dangerous People Or Dangerous Weapons: Access To Firearms For Persons With Mental Illness, Lawrence O. Gostin, Katherine L. Record

Georgetown Law Faculty Publications and Other Works

The recent attempted assassination of Rep. Gabrielle Giffords has once again focused the nation’s attention on the danger of the wide availability of firearms.  The Supreme Court has ruled that gun restrictions may only be imposed on those deemed “prohibited persons” under the Gun Control Act of 1968.  Although some are easily identifiable (e.g., children, convicted felons), one widely inclusive group is not – the mentally ill.

The current system designed to bar the mentally ill from purchasing or possessing firearms is ineffectual due to a lack of reporting and the existence of loopholes.  What’s more, no state has developed …

Charitable Fsas: A Proposal To Combine Healthcare And Charitable Giving Tax Provisions, Adam Chodorow

BYU Law Review

No abstract provided.

Intended And Unintended Consequences Of Youth Bicycle Helmet Laws, Christopher (Kitt) Carpenter, Mark Stehr

Vanderbilt Law School Faculty Publications

More than 20 states have adopted laws requiring youths to wear a helmet when riding a bicycle. We confirm previous research indicating that these laws reduced fatalities and increased helmet use, but we also show that the laws significantly reduced youth bicycling. We find this result in standard two-way fixed-effects models of parental reports of youth bicycling and in triple-difference models of self-reported bicycling among high school youths that explicitly account for bicycling by youths just above the age threshold of the helmet law. Our results highlight important intended and unintended consequences of a well-intentioned public policy.

Kinder V. Geithner - District Court Opinion Dismissing Complaint, United States District Court For The Eastern District Of Missouri

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Placebos: Ethical Research Or Unethical Deceit, Tawnya Schirmeister, Sabrina Crilley

Festival of Communities: UG Symposium (Posters)

There is an ongoing debate between whether or not it is ethical for researchers to use placebos while studying terminal illnesses. Within this debate there are two parties, the party that believes that it is ethical and the party that believes that it is not. Both parties have many valid points and have very detailed arguments against one another. When determining whether or not the use of placebos is ethical or not, you must first understand what a placebo is, and what the different types are. This paper goes over what a placebo is, what the different types are, and …

Using Placebos In Research Involving Terminal Illnesses, Mark Day, Ryan Hicks

Festival of Communities: UG Symposium (Posters)

Placebos are medical interventions that falsely lead patients to believe that they are receiving treatment and that their condition is being changed, when truly no specific treatment is being administered. Using placebos in research involving terminal illnesses has become debatable. While a placebo could potentially give way to new treatments, through testing alongside a specific drug in a clinical trial, the placebo itself may fail and the patient is not cured leading to possible fatality. It has been found that using placebos in research, like performing surgeries, can aid in medical or clinical research and could help our society financially …

U.S. Citizens Ass'n V. Sebelius - Brief Of Appellants, U.S. Citizens Association

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Transplant Candidates And Substance Use: Adopting Rational Health Policy For Resource Allocation, Erin Minelli, Bryan A. Liang

University of Michigan Journal of Law Reform

Organ transplant candidates are often denied life saving organs on account of their medical marijuana drug use. Individuals who smoke medicinal marijuana are typically classified as substance abusers, and ultimately deemed ineligible for transplantation, despite their receipt of the drug under a physician's supervision and prescription. However, patients who smoke cigarettes or engage in excessive alcohol consumption are routinely considered for placement on the national organ transplant waiting list. Transplant facilities have the freedom to regulate patient selection criteria with minimal oversight. As a result, the current organ allocation system in the United States is rife with inconsistencies and results …

Virginia V. Sebelius - Association Of American Physicians And Surgeons Amicus Brief, Association Of American Physicians And Surgeons

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Virginia V. Sebelius - Cato Institute Amicus Brief, Cato Institute

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Virginia V. Sebelius - Justice And Freedom Fund Amicus Brief, Justice And Freedom Fund

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Virginia V. Sebelius - Washington Legal Foundation Amicus Brief, Ilya Somin

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Getting Past The Politics: How The Healthcare Reform Affects You, Fazal Khan, Sylvia Caley, David Howard, Glenn Pearson

Working in the Public Interest Conferences

Discusses the anticipated implications of the Patient Protection and Affordable Care Act on Georgia residents with particular focus on specific demographic groups.

Mid-Atlantic Ethics Committee Newsletter, Spring-Summer 2011

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Health Law Outlook - Volume 4, Issue 2 (Spring 2011)

Health Law Outlook (archive)

Inside this issue:

• Smoke Free NYC: New Trends in Public and Private Smoking Restrictions, Matthew McKennan
• Bullying as a Public Health Concern: A Look at New Jersey’s Anti-Bullying Bill of Rights, Brandon Wolff
• Special Feature The Patient Protection and Affordable Care Act: The Road to the Supreme Court
• Prescription Drug Monitoring Programs: A Discussion of Potential Practitioner Liability, Ashley Abraham
• Mandating the HPV Vaccine for School-Age Children: Considering the Debate Five Years Later, Regina Ram

Causing Infringement, Mark Bartholomew, Patrick F. Mcardle

Vanderbilt Law Review

In its most recent contributory infringement pronouncement, the Supreme Court advised courts wrestling with these issues to consult tort law's own contributory liability framework, which it described as "well established."31 The conventional wisdom among legal scholars agrees with the Court. Most scholarship in this area contends that obeisance to traditional tort law principles of contributory liability will fill the void in infringement law with answers that are adequately calibrated to the balance between incentivizing creation and permitting downstream use. This Article challenges that conventional wisdom. Although we agree that tort law can shed some much-needed light on contributory infringement, we …

Florida V. Hhs - Brief For Appellants, United States Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.