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Articles 301 - 330 of 466
Full-Text Articles in Health Law and Policy
Comparative Pragmatism, Rachel Rebouché
Comparative Pragmatism, Rachel Rebouché
UF Law Faculty Publications
Although several commentators have previously suggested that the United States and Germany now share more commonalities than differences, this Article challenges the conventional wisdom by suggesting that the United States and Germany have moved in the opposite direction on a spectrum of available abortion services. In the United States, the constitutional right to an abortion is unrealizable for many women due to restrictive state and federal laws and the absence of providers in many areas. In Germany, by contrast, despite the country’s formal recognition of fetal rights, early abortion is widely available and often funded by the government. In short, …
Never Say Never: "Never Events" In Medicare, John Crist
Never Say Never: "Never Events" In Medicare, John Crist
Health Matrix: The Journal of Law-Medicine
No abstract provided.
International Trademark Protection And Global Public Health: A Just-Compensation Regime For Expropriations And Regulatory Takings, Sam Foster Halabi
International Trademark Protection And Global Public Health: A Just-Compensation Regime For Expropriations And Regulatory Takings, Sam Foster Halabi
Catholic University Law Review
No abstract provided.
Good Intentions, Bad Consequences: How Congress’S Efforts To Eradicate Hiv/Aids Stifle The Speech Of Humanitarian Organizations, Garima Malhotra
Good Intentions, Bad Consequences: How Congress’S Efforts To Eradicate Hiv/Aids Stifle The Speech Of Humanitarian Organizations, Garima Malhotra
Catholic University Law Review
No abstract provided.
A Thousand Tiny Pieces: The Federal Circuit’S Fractured Myriad Ruling, Lessons To Be Learned, And The Way Forward, Jonathan R. K. Stroud
A Thousand Tiny Pieces: The Federal Circuit’S Fractured Myriad Ruling, Lessons To Be Learned, And The Way Forward, Jonathan R. K. Stroud
IP Theory
No abstract provided.
Recent Crime Legislation: The Challenge For Prison Health Care, Adelina Iftene, Allan Manson
Recent Crime Legislation: The Challenge For Prison Health Care, Adelina Iftene, Allan Manson
Articles, Book Chapters, & Popular Press
This article reviews the potential effects of Bill C-10 and related legislation that provide for more legal minimum sentences and reduce the possibility of conditional release. Without more resources overcrowding - an already pressing issue in Canadian corrections - will increase. We further review the potential effects of overcrowding as exemplified in other jurisdiction.
The London Paralympis Games 'Inspire A Generation' And Spark Abortion Controversy, Emily Hardy
The London Paralympis Games 'Inspire A Generation' And Spark Abortion Controversy, Emily Hardy
Public Interest Law Reporter
No abstract provided.
A Vaccine Approach To The Reverse Payment Illness, Scott Bergeson
A Vaccine Approach To The Reverse Payment Illness, Scott Bergeson
Richmond Journal of Law & Technology
Big Brand Name develops and files a patent for a drug that kills bacteria in an innovative way. The drug is groundbreaking and potentially marketable, so Big Brand Name incurs the enormous cost (estimated at $868 million) and time of drug discovery research and safety determinations of clinical trials to bring the drug to market. Small Generic Company wants to sell the same drug but must wait until Big Brand Name’s patent expires or, in the alternative, Small Generic Company can file an Abbreviated New Drug Application (“ANDA”) with the FDA and allege Big Brand Name’s patent is invalid or …
Dna To Play: Major League Baseball's Use Of Dna Testing On Central And South American Prospects In The Age Of The Genetic Information Nondiscrimination Act Of 2008, Nicholas Pompeo
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Quality Of Health Care And The Role Of Relationships: Bridging The Medico-Legal Divide, Sagit Mor, Orna Rabinovich Einy
Quality Of Health Care And The Role Of Relationships: Bridging The Medico-Legal Divide, Sagit Mor, Orna Rabinovich Einy
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Assault On Bad Food: Tobacco-Style Litigation As An Element Of The Comprehensive Scheme To Fight Obesity, Jada Fehn
Faculty Scholarship
This article provides a summary of the obesity epidemic - the economic costs and importantly, some causes. The need for a comprehensive scheme will be explained by examining the shortfalls of current regulatory mechanisms. Next, this article will explain the three waves of tobacco litigation, the strategy involved in each, and why the third wave left an impact. Then, the current status of food litigation will be explained. Next, applying the tobacco model to big food, this article will make it clear that discovery is crucial in several respects. Lastly, an explicit call to action and a battle plan will …
Post-Reform Medicaid Before The Court: Discordant Advocacy Reflects Conflicting Attitudes, Nicole Huberfeld
Post-Reform Medicaid Before The Court: Discordant Advocacy Reflects Conflicting Attitudes, Nicole Huberfeld
Law Faculty Scholarly Articles
The United States Supreme Court heard two Medicaid cases this term that raise major questions about the program and the tensions it creates between the federal and state governments. On October 3, 2011, the Court heard oral arguments in Douglas v. Independent Living Center of Southern California, a dispute between California and its Medicaid providers regarding reimbursement cuts resulting from California's budget crisis. The Medicaid providers argued that the proposed cuts are so extreme as to violate federal law and thus the Supremacy Clause of the United States Constitution. Their contention hinged on the Equal Access Provision of the Medicaid …
Masthead, Volume 20 Issue 1 (2010)
Masthead, Volume 20 Issue 1 (2010)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Food Safety And Risk Governance In Globalized Markets, Sandra Hoffmann, William Harder
Food Safety And Risk Governance In Globalized Markets, Sandra Hoffmann, William Harder
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Confidentiality Of Alcohol And Other Drug Abuse Treatment Information For Emergency Department And Trauma Center Patients, Richard C. Boldt
Confidentiality Of Alcohol And Other Drug Abuse Treatment Information For Emergency Department And Trauma Center Patients, Richard C. Boldt
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Setting Gender Identity Free: Expanding Treatment For Transsexual Inmates, Travis Wright Colopy
Setting Gender Identity Free: Expanding Treatment For Transsexual Inmates, Travis Wright Colopy
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Marsh Usa Inc. V. Cook: One Final Step Away From Light., Michael D. Paul
Marsh Usa Inc. V. Cook: One Final Step Away From Light., Michael D. Paul
St. Mary's Law Journal
Abstract Forthcoming.
Symposium: Theory And Praxis In Reducing Women’S Poverty, Annette Appell, Emily Benfer, Davida Finger
Symposium: Theory And Praxis In Reducing Women’S Poverty, Annette Appell, Emily Benfer, Davida Finger
Faculty Publications & Other Works
No abstract provided.
Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts., John D. Blum, Gayland O. Hethcoat Ii
Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts., John D. Blum, Gayland O. Hethcoat Ii
Faculty Publications & Other Works
No abstract provided.
Advancing Health Law & Social Justice In The Clinic, The Classroom And The Community, Emily Benfer, John Ammann, Lisa Bliss, Sylvia Caley, Robert Pettignano, Elizabeth Tobin Tyler
Advancing Health Law & Social Justice In The Clinic, The Classroom And The Community, Emily Benfer, John Ammann, Lisa Bliss, Sylvia Caley, Robert Pettignano, Elizabeth Tobin Tyler
Faculty Publications & Other Works
No abstract provided.
Informed Consent Beyond The Physician-Patient Encounter: Tort Law Implications Of Extra-Clinical Decision Support Tools., Nadia N. Sawicki
Informed Consent Beyond The Physician-Patient Encounter: Tort Law Implications Of Extra-Clinical Decision Support Tools., Nadia N. Sawicki
Faculty Publications & Other Works
No abstract provided.
Health Justice Project: A Collaborative Commitment To Solving Real World Problems, Emily Benfer
Health Justice Project: A Collaborative Commitment To Solving Real World Problems, Emily Benfer
Faculty Publications & Other Works
No abstract provided.
Taming The Beast Of Health Care Costs: Why Medicare Reform Alone Is Not Enough, Susan A. Channick
Taming The Beast Of Health Care Costs: Why Medicare Reform Alone Is Not Enough, Susan A. Channick
Faculty Scholarship
The Patient Protection and Affordable Care Act' ("ACA") has, as its primary goal, universal access to health insurance for all American citizens and legal residents. When fully implemented, the ACA will provide insurance to an additional 32 million people who are currently uninsured and to many millions of others who are underinsured. While universal health insurance is certainly a public health goal that this country has sought for many decades, the additional lives that will be added to the insurance rolls as well as new minimum coverage requirements mandated by the ACA will create fiscal burdens for the already expensive …
Texas's Spoliation Presumption., Rebecca Simmons, Michael J. Ritter
Texas's Spoliation Presumption., Rebecca Simmons, Michael J. Ritter
St. Mary's Law Journal
Abstract Forthcoming.
Rights To Health Care In The United States: Inherently Unstable, David Orentlicher
Rights To Health Care In The United States: Inherently Unstable, David Orentlicher
Scholarly Works
No abstract provided.
Toward Acceptance Of Uterus Transplants, David Orentlicher
Toward Acceptance Of Uterus Transplants, David Orentlicher
Scholarly Works
No abstract provided.
Insights From A National Conference: "Conflicts Of Interest In The Practice Of Medicine", David Orentlicher
Insights From A National Conference: "Conflicts Of Interest In The Practice Of Medicine", David Orentlicher
Scholarly Works
No abstract provided.
Further Support For Mental Health Parity Law And Mandatory Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino
Further Support For Mental Health Parity Law And Mandatory Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino
Scholarly Works
In this Article, I provide additional support for my recent proposal* to extend federal mental health parity law and mandatory mental health and substance use disorder benefits to all public healthcare program beneficiaries and private health plan members. I begin by examining health-related doctrine outside the context of mental health insurance law, including disability discrimination law, civil rights and human rights law, health information confidentiality law, healthcare reform law, and child and adult health and welfare law, and I find that not one of these laws provides inferior legal protections or benefits for individuals with mental illness. I also analyze …
All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Stacey A. Tovino
All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Stacey A. Tovino
Scholarly Works
This Article is the second, and most important, installment in a three-part series that presents a comprehensive challenge to lingering legal distinctions between physical and mental illness. The basic impetus for this historical, medical, and legal project is a belief that there exists no rational or consistent method of distinguishing physical and mental illness in the context of health insurance law. The first installment in this series narrowly inquired as to whether a particular set of disorders, the postpartum mood disorders, are or should be classified as physical or mental illnesses in a range of health law contexts.* This second …
A Proposal For Comprehensive And Specific Essential Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino
A Proposal For Comprehensive And Specific Essential Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino
Scholarly Works
This Article analyzes the initial efforts of the Federal Department of Health and Human Services to implement the essential mental health and substance use disorder services benefit required by section 1302(b)(1)(E) of the Affordable Care Act and proposes the adoption of a comprehensive and specific essential mental health and substance use disorder benefit set. At a minimum, the benefit set should cover medically necessary and evidence-based inpatient and outpatient mental healthcare services, inpatient substance abuse detoxification services, inpatient and outpatient substance abuse rehabilitation services, emergency mental healthcare services, prescription drugs for mental health conditions, participation in psychiatric disease management programs, …