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Articles 361 - 390 of 574
Full-Text Articles in Health Law and Policy
The Commerce Clause Implications Of The Individual Mandate Under The Patient Protection And Affordable Care Act , L. Darnell Weeden
The Commerce Clause Implications Of The Individual Mandate Under The Patient Protection And Affordable Care Act , L. Darnell Weeden
Journal of Law and Health
The fundamental focus of this Article is whether the decision not to buy individual health insurance as required by Congress also qualifies as valid economic activity under the Commerce Clause. This question before the Court continues the modern battle regarding the scope of Congress’s power under the Commerce Clause, and the battle regarding the regulation of economic activity continues, irrespective of the Supreme Court decision regarding PPACA, because of the continuing impact of the Supreme Court’s holding in United States v. Lopez. Part II of this Article contends that the decision not to purchase health insurance is not to be …
Finding A Cure: Incentivizing Partnerships Between Disease Advocacy Groups And Academic Commercial Researchers , Anne M. Readel
Finding A Cure: Incentivizing Partnerships Between Disease Advocacy Groups And Academic Commercial Researchers , Anne M. Readel
Journal of Law and Health
Collaborations between for-profit drug companies and not-for-profit disease advocacy groups have risen in recent years in an effort to find cures for orphan diseases. These unique and beneficial collaborations are a result of disease advocacy groups assuming a more active role in drug development through the use of “venture philanthropy,” which employs concepts and techniques from venture capitalism and applies them to achieving philanthropic goals. While these collaborations have found remarkable success, such as the discovery of the first known cure for cystic fibrosis in 2012, venture philanthropy for drug discovery presents numerous legal and social challenges. This Article examines …
Balancing Science And Politics: The Challenges Of Implementing Medical Marijuana Laws - Introduction, Rebecca Hall
Balancing Science And Politics: The Challenges Of Implementing Medical Marijuana Laws - Introduction, Rebecca Hall
Journal of Health Care Law and Policy
No abstract provided.
Preemption Under The Controlled Substances Act, Robert A. Mikos
Preemption Under The Controlled Substances Act, Robert A. Mikos
Journal of Health Care Law and Policy
No abstract provided.
The Patient Process And Affordable Care Act Of 2010: Implementation Challenges In The Context Of Federalism, Robert F. Rich, Eric Cheung, Robert Lurvey
The Patient Process And Affordable Care Act Of 2010: Implementation Challenges In The Context Of Federalism, Robert F. Rich, Eric Cheung, Robert Lurvey
Journal of Health Care Law and Policy
No abstract provided.
Strengthening Vendor Standards In The Supplemental Nutrition Assistance Program: Are Healthier Foods Within Reach?, Mary E. Kennelly, Roni Neff, Lainie Rutkow
Strengthening Vendor Standards In The Supplemental Nutrition Assistance Program: Are Healthier Foods Within Reach?, Mary E. Kennelly, Roni Neff, Lainie Rutkow
Journal of Health Care Law and Policy
No abstract provided.
Shrinking Drug Costs Without Silencing Pharmaceutical Detailers: Maryland's Options After Sorrell V. Ims Health, Kristina L. Miller
Shrinking Drug Costs Without Silencing Pharmaceutical Detailers: Maryland's Options After Sorrell V. Ims Health, Kristina L. Miller
Journal of Health Care Law and Policy
No abstract provided.
Not For Bathing: Bath Salts And The New Menace Of Synthetic Drugs, Jake Shaller
Not For Bathing: Bath Salts And The New Menace Of Synthetic Drugs, Jake Shaller
Journal of Health Care Law and Policy
No abstract provided.
The Best Of Both Worlds: Applying Federal Commerce And State Police Powers To Reduce Prescription Drug Abuse, Michael C. Barnes, Gretchen Arndt
The Best Of Both Worlds: Applying Federal Commerce And State Police Powers To Reduce Prescription Drug Abuse, Michael C. Barnes, Gretchen Arndt
Journal of Health Care Law and Policy
No abstract provided.
Astrue V. Capato: Forcing A Shoe That Doesn't Fit, Courtney Hannon
Astrue V. Capato: Forcing A Shoe That Doesn't Fit, Courtney Hannon
Journal of Health Care Law and Policy
No abstract provided.
Seeing The Justice System Through A Soldier's Eyes: A Call To Action For Maryland To Adopt A Veterans Treatment Court System, Beth Totman
Journal of Health Care Law and Policy
No abstract provided.
Is Sugar The New Tobacco? How To Regulate Toxic Foods, Barbara L. Atwell
Is Sugar The New Tobacco? How To Regulate Toxic Foods, Barbara L. Atwell
Elisabeth Haub School of Law Faculty Publications
This article explores the health risks associated with added sugar. It then examines how, if at all, sugar should be regulated, by considering tobacco regulation as a possible model. Part I identifies the health risks of sugar consumption. Part II examines the reasons why sugar is added to so much of our food supply. Part III provides an overview of tobacco regulation, including educational initiatives, warning labels, advertising restrictions, age limitations, and taxes. Finally, Part IV provides a framework for sugar regulation, suggesting that most of the foregoing laws designed to discourage tobacco use should, with the exception of age …
Applying Bioethics In The 21st Century: Principlism Or Situationism?, George P. Smith Ii
Applying Bioethics In The 21st Century: Principlism Or Situationism?, George P. Smith Ii
Scholarly Articles
After an examination of the four cardinal bioethical principles which define Principlism — autonomy, beneficence, non maleficence and justice — an explication of Joseph Fletcher’s theory of Situationism is undertaken.
The conclusion of this Article is that when an ethical dilemma arises and is “tested” as to its moral efficacy, rather than judge the acts in question in order to determine whether they are in conformance with one of the four bioethical principles, it is more humane and practical to determine the ethical propriety of questioned conduct by use of a situation ethic which in fact is more sensitive. This …
Taxation Without Representation: The Illegal Irs Rule To Expand Tax Credits Under The Ppaca, Jonathan H. Adler, Michael F. Cannon
Taxation Without Representation: The Illegal Irs Rule To Expand Tax Credits Under The Ppaca, Jonathan H. Adler, Michael F. Cannon
Faculty Publications
The Patient Protection and Affordable Care Act (PPACA) provides tax credits and subsidies for the purchase of qualifying health insurance plans on state-run insurance exchanges. Contrary to expectations, many states are refusing or otherwise failing to create such exchanges. An Internal Revenue Service (IRS) rule purports to extend these tax credits and subsidies to the purchase of health insurance in federal exchanges created in states without exchanges of their own. This rule lacks statutory authority. The text, structure, and history of the Act show that tax credits and subsidies are not available in federally run exchanges. The IRS rule is …
Special Topic Introduction: Minerva At The Departure Gate, Robert N. Strassfeld
Special Topic Introduction: Minerva At The Departure Gate, Robert N. Strassfeld
Faculty Publications
No abstract provided.
Reconciling Liberty And Equality In The Debate Over Preimplantation Genetic Diagnoses, Jessica Knouse
Reconciling Liberty And Equality In The Debate Over Preimplantation Genetic Diagnoses, Jessica Knouse
Utah Law Review
This Article draws on postmodern theory to develop a framework for analyzing situations in which liberty and equality appear to conflict. It uses the debate over nontherapeutic preimplantation genetic diagnosis as an example. Preimplantation genetic diagnosis is almost entirely unregulated within the United States, and there seems to be relative consensus that its use for therapeutic or medical trait selection—for example, selection against certain genetic and chromosomal disorders— should be permitted. There is substantial disagreement, however, as to whether its use for nontherapeutic or nonmedical trait selection— selection based on prospective parents’ preferences for a particular sex, eye color, hair …
The Sentence Of Hiv, Carrie Griffin Basas
Medicine And Law As Model Professions: The Heart Of The Matter (And How We Have Missed It), Robert Atkinson
Medicine And Law As Model Professions: The Heart Of The Matter (And How We Have Missed It), Robert Atkinson
Health Matrix: The Journal of Law-Medicine
No abstract provided.
When Oil Attacks: Litigation Options For Nigerian Plaintiffs In U.S. Federal Courts, Lauren Mccaskill
When Oil Attacks: Litigation Options For Nigerian Plaintiffs In U.S. Federal Courts, Lauren Mccaskill
Health Matrix: The Journal of Law-Medicine
No abstract provided.
New Technologies, New Challenges: Women And Prenatal Genetic Testing In The 21st Century -- Women And Prenatal Genetic Testing In The 21st Century, Ruth M. Farrell
New Technologies, New Challenges: Women And Prenatal Genetic Testing In The 21st Century -- Women And Prenatal Genetic Testing In The 21st Century, Ruth M. Farrell
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Masthead, Volume 23 Issue 2 (2013)
Masthead, Volume 23 Issue 2 (2013)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Good, The Bad, And The Ugly: The Unnecessarily Broad Impact Of Qui Tam Civil False Claims Act Cases On Rural Health Care Providers, Andrew M. Hyer
The Good, The Bad, And The Ugly: The Unnecessarily Broad Impact Of Qui Tam Civil False Claims Act Cases On Rural Health Care Providers, Andrew M. Hyer
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Information Overload: How The Wisconsin Supreme Court Expanded The Doctrine Of Informed Consent, 46 J. Marshall L. Rev. 1097 (2013), Michael Rohde
Information Overload: How The Wisconsin Supreme Court Expanded The Doctrine Of Informed Consent, 46 J. Marshall L. Rev. 1097 (2013), Michael Rohde
UIC Law Review
No abstract provided.
Protection For Psychotherapy Notes Under The Hipaa Privacy Rule: As Private As A Hospital Gown, Stephanie O. Corley
Protection For Psychotherapy Notes Under The Hipaa Privacy Rule: As Private As A Hospital Gown, Stephanie O. Corley
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Plunging Into Endless Difficulties: Medicaid And Coercion In National Federation Of Independent Business V. Sebelius, Nicole Huberfeld, Elizabeth Weeks Leonard, Kevin Outterson
Plunging Into Endless Difficulties: Medicaid And Coercion In National Federation Of Independent Business V. Sebelius, Nicole Huberfeld, Elizabeth Weeks Leonard, Kevin Outterson
Law Faculty Scholarly Articles
Until the 2011 Term, no Supreme Court decision since the New Deal had struck down an act of Congress as exceeding the federal spending power. The question of unconstitutionally coercive conditions was also novel. Indeed, no federal court had ever found any legislation to be an unconstitutionally coercive exercise of the spending power until the Court decided National Federation of Independent Business v. Sebelius (NFIB) on June 28, 2012. This Article proceeds as follows: Part I discusses the Affordable Care Act's Medicaid expansion in the context of the history and purpose of the Medicaid Act, paying particular attention to facts …
Profile Of Alcohol And Drug Indicators For Hillsborough County, Florida, Kathleen A. Moore, M. Scott Young, Ellen Snelling
Profile Of Alcohol And Drug Indicators For Hillsborough County, Florida, Kathleen A. Moore, M. Scott Young, Ellen Snelling
Mental Health Law & Policy Faculty Publications
Alcohol has the highest prevalence of use of any substance in Hillsborough County and throughout the nation. In 2011, Hillsborough County ranked first among all counties in alcohol-related fatalities. Although Hillsborough County DUI arrests decreased in 2011, Hillsborough still had more DUI arrests than any other Florida county. To address these concerns, the Hillsborough County Anti Drug Alliance (HCADA) and the Tampa Alcohol Coalition (TAC) have continued to support: DUI law enforcement operations, The Hillsborough County Sheriff’s Alcohol Vendor Enforcement program (SAVE), DUI Counterattack, DUI media coverage, alcohol awareness programs, improved alcohol policies and community coalitions’ collaborative efforts to reduce …
Human Rights, Civil Rights: Prescribing Disability Discrimination Prevention In Packaging Essential Health Benefits, Anita Silvers, Leslie P. Francis
Human Rights, Civil Rights: Prescribing Disability Discrimination Prevention In Packaging Essential Health Benefits, Anita Silvers, Leslie P. Francis
Utah Law Faculty Scholarship
The promise of health care as a right has all too often proved hollow for people with disabilities. In this article, we argue that the understanding of health care as a human right, as found in the CRPD, fails to provide the theoretical machinery for responding to the pressing challenges of health care costs. These challenges are real and potentially devastating. We develop instead an account of health care as a civil right. What this right requires is dependent on the context and resources of the time, so long as all have meaningful access to the benefits provided. The ACA …
National Federation Of Independent Business V. Sebelius: The Misguided Application And Perpetuation Of An Amorphous Coercion Theory, Megan Ix
Maryland Law Review
No abstract provided.
Grand Bargains For Big Data: The Emerging Law Of Health Information, Frank Pasquale
Grand Bargains For Big Data: The Emerging Law Of Health Information, Frank Pasquale
Maryland Law Review
No abstract provided.
Federalism By Waiver After The Health Care Case, Samuel Bagenstos
Federalism By Waiver After The Health Care Case, Samuel Bagenstos
Book Chapters
The Supreme Court's Spending Clause holding in National Federation of Independent Businesses v. Sebelius (NFIB) is likely to be consequential for many reasons. It will have a direct effect on the implementation of the Affordable Care Act (ACA), which relied on the expansion of Medicaid-now made voluntary by the Court-to obtain health care coverage for more than fifteen million previously uninsured people. At this writing, it remains unclear how many states will participate in the expansion. The Congressional Budget Office recently estimated that, as a result of the Court's decision, three million fewer people will obtain new Medicaid coverage under …