Medical Provider Claims: Standing, Assignments, And Erisa Preemption, 45 J. Marshall L. Rev. 861 (2012),
2012
UIC School of Law
Medical Provider Claims: Standing, Assignments, And Erisa Preemption, 45 J. Marshall L. Rev. 861 (2012), Kevin Wiggins
UIC Law Review
No abstract provided.
Gambling On Goldilocks: Illinois Medical Malpractice Damage Caps And The Quest For "Just Right" Reform, 45 J. Marshall L. Rev. 917 (2012),
2012
UIC School of Law
Gambling On Goldilocks: Illinois Medical Malpractice Damage Caps And The Quest For "Just Right" Reform, 45 J. Marshall L. Rev. 917 (2012), Kristen Zaharski
UIC Law Review
No abstract provided.
Hospital Visitation: The Forgotten Gay Rights Struggle, 45 J. Marshall L. Rev. 939 (2012),
2012
UIC School of Law
Hospital Visitation: The Forgotten Gay Rights Struggle, 45 J. Marshall L. Rev. 939 (2012), Meredith Fileff
UIC Law Review
No abstract provided.
Updating The Patent System's Novelty Requirement To Promote Small-Molecule Medicinal Progress, 45 J. Marshall L. Rev. 1151 (2012),
2012
UIC School of Law
Updating The Patent System's Novelty Requirement To Promote Small-Molecule Medicinal Progress, 45 J. Marshall L. Rev. 1151 (2012), Jason Brewer
UIC Law Review
No abstract provided.
Health Care For The Autistic Child In The U.S.: The Case For Federal Legislative Reform For Aba Therapy, 46 J. Marshall L. Rev. 169 (2012),
2012
UIC School of Law
Health Care For The Autistic Child In The U.S.: The Case For Federal Legislative Reform For Aba Therapy, 46 J. Marshall L. Rev. 169 (2012), Laura Hoffman
UIC Law Review
No abstract provided.
Virginia's War On Women: How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional,
2012
University of Richmond
Virginia's War On Women: How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas
Richmond Journal of Law and the Public Interest
This comment will discuss how the ultrasound bill, like similar ones in other states, is unconstitutional for two reasons. First, requiring a woman to undergo a medically unnecessary procedure at her own expense is an undue burden under Planned Parenthood v. Casey. Second, the Supreme Court has held that competent people have the right to refuse medical care. By requiring a woman to have an ultrasound, the State is depriving her of her constitutional right to refuse care. Part 11 of this comment will focus on the Supreme Court's role in shaping abortion policy. Part II(A) concerns the history of …
The Ghost That Slayed The Mandate,
2012
The Catholic University of America, Columbus School of Law
The Ghost That Slayed The Mandate, Kevin C. Walsh
Scholarly Articles
Virginia v. Sebelius is a federal lawsuit in which Virginia has challenged President Obama's signature legislative initiative of health care reform. Virginia has sought declaratory and injunctive relief to vindicate a state statute declaring that no Virginia resident shall be required to buy health insurance. To defend this state law from the preemptive effect of federal law, Virginia has contended that the federal legislation's individual mandate to buy health insurance is unconstitutional. Virginia's lawsuit has been one of the most closely followed and politically salient federal cases in recent times. Yet the very features of the case that have contributed …
The Anti-Injunction Act, Congressional Inactivity, And Pre-Enforcement Challenges To § 5000a Of The Tax Code,
2012
The Catholic University of America, Columbus School of Law
The Anti-Injunction Act, Congressional Inactivity, And Pre-Enforcement Challenges To § 5000a Of The Tax Code, Kevin C. Walsh
Scholarly Articles
Section 5000A of the Tax Code is one of the most controversial provisions of federal law currently on the books. It is the minimum essential coverage provision of the Patient Protection and Affordable Care Act ("ACA" or "Act")-a provision more popularly known as the individual mandate. Opponents challenged this provision immediately upon its enactment on March 23, 2010. The Supreme Court is poised to hear arguments about its constitutionality in one of these challenges, just over two years later.
The Corporate Profit Motive & Questionable Public Relations Practices During The Lead-Up To The Affordable Care Act
,
2012
Cleveland State University
The Corporate Profit Motive & Questionable Public Relations Practices During The Lead-Up To The Affordable Care Act , John N. Maher
Journal of Law and Health
The purpose of this Article is two-fold: first, to highlight two problems which threaten the effectiveness of the Patient Protection and Affordable Care Act of 2010 (Affordable Care Act), and second, to invite civic and governmental dialogue to implement solutions to those problems. The Affordable Care Act is tailored to build upon what is good about the existing health care financing system in the United States. It is also calculated to maximize access to quality and affordable health care across the Nation. There remains, however, work that must be done to neutralize risks to the foundational requirements of consistency and …
Emergency Powers Of The Executive: The President’S Authority When All Hell Breaks Loose,
2012
Cleveland State University
Emergency Powers Of The Executive: The President’S Authority When All Hell Breaks Loose, Joshua L. Friedman
Journal of Law and Health
Within the perspective of Hamilton‘s admonition against limiting executive authority, this Article endeavors to generally discuss the historical and recent separation of powers issues arising with an active executive branch. Part II gives a brief overview of executive powers and their limitations: first discussing what actions are strictly executive in character, and then presenting Congress‘ attempts to question the executive‘s emergency powers and addressing the Judicial branch‘s struggle with finding a balance between judicial oversight and political question doctrine. Part III reviews specifically enumerated powers of the executive in emergencies where executive action is justified by the constitution, such as …
The Conflict Surrounding Universal Access To Hiv/Aids Medical Treatment In South Africa,
2012
American University Washington College of Law
The Conflict Surrounding Universal Access To Hiv/Aids Medical Treatment In South Africa, Kaila C. Randolph
Human Rights Brief
No abstract provided.
Interview With Oliver Lewis, Executive Director Of The Mental Disability Advocacy Center,
2012
American University Washington College of Law
Interview With Oliver Lewis, Executive Director Of The Mental Disability Advocacy Center, Human Rights Brief
Human Rights Brief
No abstract provided.
Juvenile Neurolaw: When It's Good It Is Very Good Indeed, And When It's Bad It's Horrid,
2012
University of Maryland Francis King Carey School of Law
Juvenile Neurolaw: When It's Good It Is Very Good Indeed, And When It's Bad It's Horrid, Abigail A. Baird, Christy L. Barrow, Molly K. Richard
Journal of Health Care Law and Policy
No abstract provided.
Medical Decision Making By And On Behalf Of Adolescents: Reconsidering First Principles,
2012
University of Maryland Francis King Carey School of Law
Medical Decision Making By And On Behalf Of Adolescents: Reconsidering First Principles, B. Jessie Hill
Journal of Health Care Law and Policy
No abstract provided.
Adolescent Decision Making: Legal Issues With Respect To Treatment For Substance Misuse And Mental Illness,
2012
University of Maryland School of Law
Adolescent Decision Making: Legal Issues With Respect To Treatment For Substance Misuse And Mental Illness, Richard C. Boldt
Journal of Health Care Law and Policy
No abstract provided.
Decision Making For Children With Life-Limiting Illnesses: A Clinical Approach,
2012
University of Maryland Francis King Carey School of Law
Decision Making For Children With Life-Limiting Illnesses: A Clinical Approach, Yoram Unguru
Journal of Health Care Law and Policy
No abstract provided.
A Choice To Which Adolescents Should Not Be Exposed: Cosmetic Surgery As Satire,
2012
University of Maryland Francis King Carey School of Law
A Choice To Which Adolescents Should Not Be Exposed: Cosmetic Surgery As Satire, Dan O'Connor
Journal of Health Care Law and Policy
No abstract provided.
The Constitutional Foundation For Federal Medical Liability Reform,
2012
University of Maryland Francis King Carey School of Law
The Constitutional Foundation For Federal Medical Liability Reform, Mark A. Behrens, Cary Silverman
Journal of Health Care Law and Policy
No abstract provided.
American Health Benefit Exchanges: State Regulators Must Encourage Private Market Participation,
2012
University of Maryland Francis King Carey School of Law
American Health Benefit Exchanges: State Regulators Must Encourage Private Market Participation, Elizabeth Bayly
Journal of Health Care Law and Policy
No abstract provided.
The Inherent Uncertainty Of Risk Assessment: How Pesticide Residue Tolerances Fall Short On Safety,
2012
University of Maryland Francis King Carey School of Law
The Inherent Uncertainty Of Risk Assessment: How Pesticide Residue Tolerances Fall Short On Safety, Matthew Standeven
Journal of Health Care Law and Policy
No abstract provided.
