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Brushing Off Lawsuits: Dental Peer Review Examined , Lisa C. Markarian 2012 Pepperdine University

Brushing Off Lawsuits: Dental Peer Review Examined , Lisa C. Markarian

Pepperdine Dispute Resolution Law Journal

For all contractual and legal intents and purposes, a dentist is a provider of services, while the patient who consents to treatment is a consumer. A dentist's fees reflect, in part, the cost of malpractice insurance protection. Dentists can also calculate into their fees any refunds they may pay back to patients who suffer adverse results.8 An injured patient on the other hand has limited means of protection against damages resulting from the wrongful acts of dentists. The options open to patients include: (1) filing a complaint in civil court, (2) reporting the incident to a government agency such as …


Mediation In The Health Care System: Creative Problem Solving , Sheea Sybblis 2012 Pepperdine University

Mediation In The Health Care System: Creative Problem Solving , Sheea Sybblis

Pepperdine Dispute Resolution Law Journal

Part I of this paper provides a comparison of the use of litigation and mediation in the health care context. Part II explores how mediation can be used to improve many of the often criticized aspects of adjudication systems and alleviate tension between parties in health care disputes. Part III provides an evaluation of current mediation programs and studies in health care, as well as the expanding role of mediators. Part IV incorporates assessments of the potential success of mediation to resolve health care disputes in the future and provides suggestions to strengthen the process.


Sustainability & Ethics Of Animal Farming Practices, Joyce Tischler, Bruce Myers, Mark Risse, Terence Centner 2012 Animal Legal Defense Fund

Sustainability & Ethics Of Animal Farming Practices, Joyce Tischler, Bruce Myers, Mark Risse, Terence Centner

Working in the Public Interest Conferences

High-density farming practices in the production of eggs, meat, dairy, and poultry make these products more affordable and more widely accessible— but at what cost? Panelists will discuss the ethics of these practices, as well as the impact on the environment and human health.


Is A For-Profit Structure A Viable Alternative For Catholic Health Care Ministry?, Kathleen M. Boozang, Michael J. Ricciardelli, Gregory S. Corcoran 2012 Seton Hall University School of Law

Is A For-Profit Structure A Viable Alternative For Catholic Health Care Ministry?, Kathleen M. Boozang, Michael J. Ricciardelli, Gregory S. Corcoran

Books

No abstract provided.


Roe V. Wade Inverted: How The Supreme Court Might Have Privileged Fetal Rights Over Reproductive Freedoms, Jack Wade Nowlin 2012 Mercer University School of Law

Roe V. Wade Inverted: How The Supreme Court Might Have Privileged Fetal Rights Over Reproductive Freedoms, Jack Wade Nowlin

Mercer Law Review

In Roe v. Wade, the United States Supreme Court privileged reproductive freedoms over fetal rights, but what if the Court had done the reverse in resolving the question of abortion under the Constitution- elevating fetal rights over reproductive freedoms? How might the Supreme Court have justified such a holding? What arguments, doctrines, and cases would the Court have invoked? What might concurring and dissenting opinions have said in response? A full analysis of these questions requires an exploration of a range of issues: the basis of constitutional personhood, the suspect nature of birth-status classifications, the fundamentality of access to …


Maximizing Health Care Enrollment Through Seamless Coverage For Families In Transition: Current Trends And Policy Implications, Ann Marie Marciarille, Ken Jacobs, Laurel Lucia, Ann O’Leary 2012 University of Missouri - Kansas City, School of Law

Maximizing Health Care Enrollment Through Seamless Coverage For Families In Transition: Current Trends And Policy Implications, Ann Marie Marciarille, Ken Jacobs, Laurel Lucia, Ann O’Leary

Faculty Works

The Affordable Care Act (ACA) builds on the employment-based health insurance system which is the bedrock of health insurance coverage for most Americans. When these Americans experience a change in their work or family lives, they are at risk for losing their job-based health insurance coverage. The health insurance exchanges established by the ACA provide an unprecedented opportunity to address one of the major sources of gaps in health insurance coverage: transitions in life that result in the loss of health insurance. The uninsured population is not static. Many people who are uninsured cycle in and out of coverage over …


Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman 2012 Washington and Lee University School of Law

Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers 2012 Washington and Lee University School of Law

The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Guatemala Std Inoculation Study As The Incentive To Change Modern Informed Consent Standards, Marie Constance Scheperle 2012 Washington and Lee University School of Law

The Guatemala Std Inoculation Study As The Incentive To Change Modern Informed Consent Standards, Marie Constance Scheperle

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Why Virginia's Challenges To The Patient Protection And Affordable Care Act Did Not Invoke Nullification, Robert S. Claiborne Jr. 2012 University of Richmond

Why Virginia's Challenges To The Patient Protection And Affordable Care Act Did Not Invoke Nullification, Robert S. Claiborne Jr.

Law Student Publications

This comment's focus is to convincingly demonstrate that neither the General Assembly's Health Care Freedom Act nor the Commonwealth's constitutional challenge to the minimum essential coverage provision were exercises of nullification. Part II of this comment relates a brief history of the ACA's passage alongside the Virginia Health Care Freedom Act's enactment and the Attorney General of Virginia Ken Cuccinelli's suit against Secretary of Health and Human Services Kathleen Sebelius. Part III defines nullification and further explains it through the historical instances when Virginia has considered the doctrine. Part IV demonstrates that-far from nullifying the minimum essential coverage provision-Virginia has …


Why Virginia's Challenges To The Patient Protection And Affordable Care Act Did Not Invoke Nullification, Robert S. Claiborne Jr. 2012 University of Richmond School of Law

Why Virginia's Challenges To The Patient Protection And Affordable Care Act Did Not Invoke Nullification, Robert S. Claiborne Jr.

University of Richmond Law Review

No abstract provided.


Facial And As-Applied Challenges To The Individual Mandate Of The Patient Protection And Affordable Care Act, Edward A. Hartnett 2012 Seton Hall University School of Law

Facial And As-Applied Challenges To The Individual Mandate Of The Patient Protection And Affordable Care Act, Edward A. Hartnett

University of Richmond Law Review

No abstract provided.


Constitutional Forbearance, A. Christopher Bryant 2012 University of Cincinnati College of Law

Constitutional Forbearance, A. Christopher Bryant

University of Richmond Law Review

No abstract provided.


Beyond The Doctrine: Five Questions That Will Determine The Aca's Constitutional Fate, Bradley W. Joondeph 2012 Santa Clara University School of Law

Beyond The Doctrine: Five Questions That Will Determine The Aca's Constitutional Fate, Bradley W. Joondeph

University of Richmond Law Review

No abstract provided.


The Rhetoric Hits The Road: State Challenges To The Affordable Care Act Implementation, Elizabeth Weeks Leonard 2012 University of Georgia School of Law

The Rhetoric Hits The Road: State Challenges To The Affordable Care Act Implementation, Elizabeth Weeks Leonard

University of Richmond Law Review

No abstract provided.


The Clinton-Obama Approach To Medical Malpractice Reform: Reviving The Most Meaningful Features Of Alternative Dispute Resolution, Grant Wood Geckeler 2012 Pepperdine University

The Clinton-Obama Approach To Medical Malpractice Reform: Reviving The Most Meaningful Features Of Alternative Dispute Resolution, Grant Wood Geckeler

Pepperdine Dispute Resolution Law Journal

An introduction to medical malpractice reform would be incomplete without mentioning the Institute of Medicine's (IOM) 1999 report, To Err is Human: Building a Safer Health System, which lists medical errors as the eighth leading cause of death in the United States. While much attention premiums, the media's recent interest in the application of alternative dispute resolution (ADR) tactics in medical malpractice cases has increased. The quest for a one-size-fits-all fix to rising health care costs has turned to ADR for guidance in the past, with hopes that binding arbitration and voluntary mediation would resolve the crisis. Recently, the …


Recent Proposals To Limit Medigap Coverage And Modify Medicare Cost Sharing, Kathryn Linehan 2012 George Washington University

Recent Proposals To Limit Medigap Coverage And Modify Medicare Cost Sharing, Kathryn Linehan

National Health Policy Forum

As policymakers look for savings from the Medicare program, some have proposed eliminating or discouraging “first-dollar coverage” available through privately purchased Medigap policies. Medigap coverage, which beneficiaries obtain to protect themselves from Medicare’s cost-sharing requirements and its lack of a cap on out-of-pocket spending, may discourage the judicious use of medical services by reducing or eliminating beneficiary cost sharing. It is estimated that eliminating such coverage, which has been shown to be associated with higher Medicare spending, and requiring some cost sharing would encourage beneficiaries to reduce their service use and thus reduce program spending. However, eliminating first-dollar coverage could …


Older Americans Act Of 1965: Programs And Funding, Carol O'Shaughnessy 2012 George Washington University

Older Americans Act Of 1965: Programs And Funding, Carol O'Shaughnessy

National Health Policy Forum

This document offers a basic description of the Older Americans Act of 1965. The Act is considered the major vehicle for promoting the delivery of social services to the aging population. The Act's seven titles and multiple programs are described, along with a chart showing fiscal year 2012 federal appropriations.


Government Tan Lines: Examining The Reach And Effectiveness Of Federal And State Efforts To Protect Consumers From The Dangers Of Indoor Tanning, Michelle Kay Pulley 2012 Pepperdine University

Government Tan Lines: Examining The Reach And Effectiveness Of Federal And State Efforts To Protect Consumers From The Dangers Of Indoor Tanning, Michelle Kay Pulley

Pepperdine Law Review

No abstract provided.


The Past And Future Of Deinstitutionalization Litigation, Samuel R. Bagenstos 2012 University of Michigan Law School

The Past And Future Of Deinstitutionalization Litigation, Samuel R. Bagenstos

Law & Economics Working Papers

Two conflicting stories have consumed the academic debate regarding the impact of deinstitutionalization litigation. The first, which has risen almost to the level of conventional wisdom, is that deinstitutionalization was a disaster. The second story does not deny that the results of deinstitutionalization have in many cases been disappointing. But it challenges the suggestion that deinstitutionalization has uniformly been unsuccessful, as well as the causal link critics seek to draw with the growth of the homeless population. This dispute is not simply a matter of historical interest. The Supreme Court’s 1999 decision in Olmstead v. L.C., which held that unjustified …


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