Confidentiality Of Alcohol And Other Drug Abuse Treatment Information For Emergency Department And Trauma Center Patients,
2012
Case Western Reserve University School of Law
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,
2012
Case Western Reserve University School of Law
Setting Gender Identity Free: Expanding Treatment For Transsexual Inmates, Travis Wright Colopy
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Symposium: Theory And Praxis In Reducing Women’S Poverty,
2012
Loyola University Chicago School of Law
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.,
2012
Loyola University Chicago, School of Law
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,
2012
Loyola University Chicago, School of Law
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.,
2012
Loyola University Chicago
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,
2012
Loyola University Chicago School of Law
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,
2012
California Western School of Law
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 …
The Individual Mandate, Commerce Clause, And Supreme Court: Predicting The Court's Ruling In Hhs V. Florida,
2012
Claremont McKenna College
The Individual Mandate, Commerce Clause, And Supreme Court: Predicting The Court's Ruling In Hhs V. Florida, Nicholas Medling
CMC Senior Theses
An analysis of the evolution of the Commerce Clause, the Justices on the Supreme Court, and the arguments presented in this case indicate that the minimum coverage provision of the Patient Protection and Affordable Care Act will be struck down. Although the Court will likely be split 5 to 4 along ideological lines, each of the justices will have a unique rationale behind their decision. Chief Justice Roberts, Justice Scalia, and Justice Kennedy were heavily targeted by both parties’ oral and written arguments because there was speculation that any one of these traditionally conservative justices could be the fifth vote …
Half Baked: The Federal And State Conflicts Of Legalizing Medical Marijuana,
2012
Claremont McKenna College
Half Baked: The Federal And State Conflicts Of Legalizing Medical Marijuana, Andrew K. Fevery
CMC Senior Theses
The legalization of medical marijuana has been a complicated and confusing process. The drug is used for medical purposes yet is only semi-legal and not approved by the federal government. This piece will observe the legal medical history of this drug in the United States. It will analyze the growth of the medical marijuana movement up to the present with a special emphasis to the importance of federal, state and local supremacy. It will observe important court cases that have been decisive in defining the reach of federal power under the Commerce Clause and the 1970 Controlled Substance Act. This …
Obligatory Health,
2012
Elisabeth Haub School of Law at Pace University
Obligatory Health, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
The Supreme Court will soon rule on the constitutionality of the Patient Protection and Affordable Care Act passed in March 2010. Courts thus far are divided on the question whether Congress had authority under the Commerce Clause to impose the Act's "Individual Mandate" to purchase health insurance. At this moment, the public and legal debate can benefit from a clearer understanding of the underlying rights claims. This Article offers two principal contributions. First, the Article argues that, while the constitutional question technically turns on the interpretation of congressional power under the Commerce Clause, underlying these debates is a tension between …
The Consequences Of Repealing Health Care Reform In Early 2013 ,
2012
UC Davis School of Law
The Consequences Of Repealing Health Care Reform In Early 2013 , J. Angelo Desantis, Gabriel Ravel
Cleveland State Law Review
This Article evaluates the consequences of an early 2013 repeal of the enacted Health Care Reform. We consider the Act's significant provisions that will have taken effect by 2013. For implemented provisions, we review their current effect on coverage, costs, and care. We then evaluate the practical consequence of the loss of those provisions. For provisions that have not yet taken effect, but will before 2013, we evaluate their projected effects in considering the consequences of repeal. Finally, for provisions that will not take effect before 2014, but where significant funds and effort will be expended prior to 2014, we …
Developmental Neuroscience, Children's Relationships With Primary Caregivers, And Child Protection Policy Reform,
2012
UC Hastings College of the Law
Developmental Neuroscience, Children's Relationships With Primary Caregivers, And Child Protection Policy Reform, Lois A. Weithorn
Faculty Scholarship
No abstract provided.
“Early-Bird Special” Indeed!: Why The Tax Anti-Injunction Act Permits The Present Challenges To The Minimum Coverage Provision,
2012
Texas A&M University School of Law
“Early-Bird Special” Indeed!: Why The Tax Anti-Injunction Act Permits The Present Challenges To The Minimum Coverage Provision, Michael C. Dorf, Neil S. Siegel
Faculty Scholarship
In view of the billions of dollars and enormous effort that might otherwise be wasted, the public interest will be best served if the Supreme Court of the United States decides the present challenges to the Patient Protection and Affordable Care Act (ACA) during its October 2011 Term. Potentially standing in the way, however, is the federal Tax Anti-Injunction Act (TAIA), which bars any “suit for the purpose of restraining the assessment or collection of any tax.” The dispute to date has turned on the fraught and complex question of whether the ACA’s exaction for being uninsured qualifies as a …
The Liberty Of Free Riders: The Minimum Coverage Provision, Mill’S 'Harm Principle,' And American Social Morality,
2012
Duke Law School
The Liberty Of Free Riders: The Minimum Coverage Provision, Mill’S 'Harm Principle,' And American Social Morality, Jedediah S. Britton-Purdy, Neil S. Siegel
Faculty Scholarship
In this Article, we show that cost-shifting and adverse selection problems link the federalism dimension of the debate over the Affordable Care Act to the doctrinally separate and suppressed individual rights dimension. As the scope of these free-rider problems justifies federal power to require individuals to obtain health insurance coverage, so the very existence of the free-rider problems illuminates the difficulty of arguing directly — as opposed to indirectly through the Commerce Clause — that the minimum coverage provision infringes individual liberty. The interdependence between some people’s decisions to forgo insurance and the well-being of other people means that refusing …
Rethinking The New Public Health,
2012
Washington and Lee University School of Law
Rethinking The New Public Health, Lindsay F. Wiley
Washington and Lee Law Review
This Article contributes to an emerging theoretical debate over the legitimate scope of public health law by linking it to a particular doctrinal debate in public nuisance law. State and local governments have been largely stymied in their efforts to use public nuisance litigation against harmful industries to vindicate collectively-held, common law rights to non-interference with public health and safety. The ways in which this litigation has failed are instructive for a broader movement in public health that is only just beginning to take shape. In response to evolving scientific understanding about the determinants of health, public health advocates are …
The Role Of Race In End-Of-Life Care,
2012
Western New England University School of Law
The Role Of Race In End-Of-Life Care, Barbara A. Noah
Faculty Scholarship
This essay focuses on one important aspect of racial disparities that has received comparatively little attention in the legal literature--the existence and causes of racial differences in end-of-life decision making and in the utilization of palliative and hospice care. African Americans and other racial minorities in the United States utilize palliative care and hospice less frequently than white Americans. These minority populations also tend to resist advance care planning and instead opt to receive more life-prolonging care at the end of life, even when quality of life and prognosis are poor. After a lifetime of limited access to health care …
Inheritance Rights Of Posthumously Conceived Children In Texas Comment.,
2012
St. Mary's University
Inheritance Rights Of Posthumously Conceived Children In Texas Comment., Allison Stewart Ellis
St. Mary's Law Journal
The Texas Legislature should update its legislation pertaining to posthumously conceived children. More than 20,000 children are born from artificial insemination each year, some of whom are conceived following their father’s death. Whether or not these children are entitled to a share in their father’s estate is a question for each state legislature. Many states have adopted a version of the Uniform Parentage Act (UPA). The UPA states that once paternity of a posthumously conceived child is established, the child is entitled to inherit from the deceased’s estate. Texas has adopted the UPA in part and has added stringent requirements …
Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching Essay.,
2012
St. Mary's University
Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching Essay., Richard Flint
St. Mary's Law Journal
An essay is presented on consumer bankruptcy policy in the U.S. It informs about the significant changes in the consumer bankruptcy introduced by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 including incorporation of an ability-to-pay test as a requirement for getting the benefits of the act. It reviews the Catholic social teaching related to the interrelationship between the dignity of man and his rights and duties to promote justice and the common good.
In-House But Out In The Cold: A Comparison Of The Attorney-Client Privilege In The United States And European Union Comment.,
2012
St. Mary's University
In-House But Out In The Cold: A Comparison Of The Attorney-Client Privilege In The United States And European Union Comment., Andrew R. Nash
St. Mary's Law Journal
Abstract Forthcoming.
