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14,666 full-text articles. Page 363 of 427.

The Ghost That Slayed The Mandate, Kevin C. Walsh 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 …


Emergency Powers Of The Executive: The President’S Authority When All Hell Breaks Loose, Joshua L. Friedman 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 …


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 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, B. Jessie Hill 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, Richard C. Boldt 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, Yoram Unguru 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, Dan O'Connor 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, Mark A. Behrens, Cary Silverman 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, Elizabeth Bayly 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, Matthew Standeven 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.


A New Era Of Medicare Oversight, Daniel R. Levinson 2012 University of Maryland Francis King Carey School of Law

A New Era Of Medicare Oversight, Daniel R. Levinson

Journal of Health Care Law and Policy

No abstract provided.


Incentivizing The Utilization Of Pharmacogenomics In Drug Development, Valerie Gutmann Koch 2012 University of Maryland Francis King Carey School of Law

Incentivizing The Utilization Of Pharmacogenomics In Drug Development, Valerie Gutmann Koch

Journal of Health Care Law and Policy

No abstract provided.


Biobanks As A Tissue And Information Semicommons: Balancing Interests For Personalized Medicine, Tissue Donors And The Public Health, Ken Gatter 2012 University of Maryland Francis King Carey School of Law

Biobanks As A Tissue And Information Semicommons: Balancing Interests For Personalized Medicine, Tissue Donors And The Public Health, Ken Gatter

Journal of Health Care Law and Policy

No abstract provided.


The Role Of Race In End-Of-Life Care, Barbara A. Noah 2012 University of Maryland Francis King Carey School of Law

The Role Of Race In End-Of-Life Care, Barbara A. Noah

Journal of Health Care Law and Policy

No abstract provided.


The Women's Health Amendment And Religious Freedom: Finding A Sufficient Compromise, Rebecca Hall 2012 University of Maryland Francis King Carey School of Law

The Women's Health Amendment And Religious Freedom: Finding A Sufficient Compromise, Rebecca Hall

Journal of Health Care Law and Policy

No abstract provided.


A Visual Guide To Nfib V. Sebelius, Colin Starger 2012 University of Baltimore School of Law

A Visual Guide To Nfib V. Sebelius, Colin Starger

All Faculty Scholarship

Though Chief Justice Roberts ultimately provided the fifth vote upholding the Affordable Care Act (ACA) under the Tax Power, his was also one of five votes finding the ACA exceeded Congress’ power under the Commerce Clause.

The doctrinal basis for Roberts’ Commerce Clause analysis was hotly contested. While Roberts argued that the ACA’s purported exercise of Commerce power “finds no support in our precedent,” Justice Ginsburg accused the Chief Justice of failing to “evaluat[e] the constitutionality of the minimum coverage provision in the manner established by our precedents.”

These diametrically opposed perspectives on “precedent” might prompt observers to ask whether …


The Health Care Cases And The New Meaning Of Commandeering, Bradley W. Joondeph 2012 Santa Clara University School of Law

The Health Care Cases And The New Meaning Of Commandeering, Bradley W. Joondeph

Patient Protection and Affordable Care Act Litigation

The Supreme Court’s decision in the Health Care Cases to sustain the central provisions of the Affordable Care Act (or ACA) was hugely important in several ways. Most commentators have focused on the Court’s upholding of the ACA’s minimum coverage provision. But the Court’s Medicaid holding—that the ACA coerced (and thus commandeered) the states by making their preexisting Medicaid funds contingent on the states’ expanding their programs—may actually be more significant as a matter of constitutional law.

The basic thesis of this article is that, in finding the ACA’s Medicaid expansion provisions coercive, the Court has re-conceptualized what constitutes a …


Property As Control: The Case Of Information, Jane B. Baron 2012 Temple University Beasley School of Law

Property As Control: The Case Of Information, Jane B. Baron

Michigan Telecommunications & Technology Law Review

If heath policy makers' wishes come true, by the end of the current decade the paper charts in which most of our medical information is currently recorded will be replaced by networked electronic health records ("EHRs").[...] Like all computerized records, networked EHRs are difficult to secure, and the information in EHRs is both particularly sensitive and particularly valuable for commercial purposes. Sadly, the existing federal statute meant to address this problem, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), is probably inadequate to the task.[...] Health law, privacy, and intellectual property scholars have all suggested that the river …


The Tangled Thicket Of Health Care Reform: The Judicial System In Action, Gene Magidenko 2012 University of Michigan Law School

The Tangled Thicket Of Health Care Reform: The Judicial System In Action, Gene Magidenko

University of Michigan Journal of Law Reform Caveat

On March 23, 2010, after a lengthy political debate on health care reform, President Barack Obama signed the Patient Protection and Affordable Care Act (PPACA) into law. A week later, he signed the Health Care and Education Reconciliation Act of 2010, which amended certain provisions of PPACA. But far from ending the intense national debate on the issue, these enactments opened a new front of battle in the federal courts that will almost certainly make its way to the United States Supreme Court. Much of this litigation focuses on § 1501 of PPACA, which contains the controversial individual mandate requiring …


Re-Thinking Health Insurance, Hans Biebl 2012 University of Michigan Law School

Re-Thinking Health Insurance, Hans Biebl

University of Michigan Journal of Law Reform Caveat

In May 2009, while promoting the legislation that would become the Patient Protection and Affordable Care Act (PPACA), President Obama said that rising health care costs threatened the balance sheets of both the federal government and private enterprise. He noted that any increase in health care spending consumes funds that “companies could be using to innovate and to grow, making it harder for them to compete around the world.” Despite the rancorous debate that surrounded this health care legislation and which culminated with the Supreme Court’s decision in National Federation of Independent Businesses, the PPACA was not a radical piece …


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