Growing The Toolbox: Diverse Strategies For Public Interest Lawyers In Campaigns To Expand Access To Health Care For Low-Income People,
2012
Loyola University Chicago, School of Law
Growing The Toolbox: Diverse Strategies For Public Interest Lawyers In Campaigns To Expand Access To Health Care For Low-Income People, John Bouman
Public Interest Law Reporter
No abstract provided.
The Invisible Uninsured: Non-Citizens And Access To Health Care Coverage Under The Affordable Care Act,
2012
Loyola University Chicago, School of Law
The Invisible Uninsured: Non-Citizens And Access To Health Care Coverage Under The Affordable Care Act, Stephanie Altman, Gene Stephens, Annika Yates
Public Interest Law Reporter
No abstract provided.
Barefoot And Pregnant: How The Patient Protection Affordable Care Act Will Leave Young Mothers To Fend For Themselves,
2012
Loyola University Chicago, School of Law
Barefoot And Pregnant: How The Patient Protection Affordable Care Act Will Leave Young Mothers To Fend For Themselves, Tyler Hanson
Public Interest Law Reporter
No abstract provided.
Madness In The Hole: Solitary Confinement And Mental Health Of Prison Inmates,
2012
Loyola University Chicago, School of Law
Madness In The Hole: Solitary Confinement And Mental Health Of Prison Inmates, Emily Coffey
Public Interest Law Reporter
No abstract provided.
A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers.,
2012
St. Mary's University
A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers., Jarod S. Gonzalez
St. Mary's Law Journal
Citizens serving on a civil jury are entrusted with making factual decisions about disputes that impact legal rights and remedies of litigants and set standards for the behavior of the public. Unfortunately, civil jury trials take place less frequently in twenty-first century Texas than in prior eras. Part of the justice system’s rejuvenation should involve a re-evaluation and improvement of the current process for selecting civil juries. Currently, the primary flaw in Texas jury selection procedures is the one-size-fits-all approach. Because some cases need twelve impartial jurors who are lay persons, and others require twelve people who are knowledgeable of …
Expanding Protective Order Coverage.,
2012
St. Mary's University
Expanding Protective Order Coverage., Kellie K. Player
St. Mary's Law Journal
The Texas legislature should eliminate the relationship requirement for a protective order. Although the Texas legislature passed the Kristy Appleby Act, which expanded the definition of dating violence, some victims of domestic violence may still be unable to qualify for a protective order. Specifically, some third-party individuals in a love triangle may not be eligible to receive a protective order. In Texas, a potential or current victim of domestic abuse needs to demonstrate a relationship with the perpetrator. Despite the broadened definition of relationship, some potential victims may still be unable to meet this burden. If the person cannot, they …
The Double Irish Sandwich: Reforming Overseas Tax Havens.,
2012
St. Mary's University
The Double Irish Sandwich: Reforming Overseas Tax Havens., Stephen C. Loomis
St. Mary's Law Journal
Abstract Forthcoming.
The Individual Mandate And The Taxing Power,
2012
Case Western Reserve University School of Law
The Individual Mandate And The Taxing Power, Erik M. Jensen
Faculty Publications
This article, prepared for a symposium at the Salmon P. Chase College of Law, Northern Kentucky University, considers whether the Taxing Clause provides an alternative constitutional basis, as some have recently argued, for the individual mandate in the Patient Protection and Affordable Care Act of 21 - the requirement, going into effect in 214, that most individuals acquire satisfactory health insurance or pay a penalty. The article concludes that the Taxing Clause arguments are misguided. At best, the Clause can provide authority for the penalty, not for the mandate as a whole. Furthermore, the article questions whether the penalty will …
Reproductive Freedom And Virginia's 2012 General Assembly Session,
2012
University of Richmond
Reproductive Freedom And Virginia's 2012 General Assembly Session, Katherine Greenier
Richmond Journal of Law and the Public Interest
While the Governor approved H.B. 462, the mandatory ultrasound bill, H.B. 62, H.B. 1285, and S.B. 637 failed in the General Assembly.37 As introduced this 2012 session, H.B. 1 contained different bill language than the prior years it has been introduced. H.B. 62, H.B. 1285, and S.B. 637 were new bills, not seen in past years. An analysis and overview of these measures sheds light on the increasing attempts and the tactics used by legislators to undermine reproductive freedom.
A Proposal For Comprehensive And Specific Essential Mental Health And Substance Use Disorder Benefits,
2012
University of Oklahoma College of Law
A Proposal For Comprehensive And Specific Essential Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino
Faculty Articles
This Article analyzes the initial efforts of the Federal Department of Health and Human Services to implement the essential mental health and substance use disorder services benefit required by section 1302(b)(1)(E) of the Affordable Care Act and proposes the adoption of a comprehensive and specific essential mental health and substance use disorder benefit set. At a minimum, the benefit set should cover medically necessary and evidence-based inpatient and outpatient mental healthcare services, inpatient substance abuse detoxification services, inpatient and outpatient substance abuse rehabilitation services, emergency mental healthcare services, prescription drugs for mental health conditions, participation in psychiatric disease management programs, …
Pregnancy As 'Disability' And The Amended Americans With Disabilities Act,
2012
University of Dayton
Pregnancy As 'Disability' And The Amended Americans With Disabilities Act, Jeannette Cox
School of Law Faculty Publications
The recent expansion of the Americans with Disabilities Act’s (ADA) protected class invites reexamination of the assumption that pregnant workers may not use the ADA to obtain workplace accommodations. The ADA’s scope now includes persons with minor temporary physical limitations comparable to pregnancy’s physical effects. Accordingly, the primary remaining justification for concluding that pregnant workers may not obtain ADA accommodations is that pregnancy is a physically healthy condition rather than a physiological defect. Drawing on the social model of disability, this Article challenges the assumption that medical diagnosis of “defect” must be a prerequisite to disability accommodation eligibility. The social …
An Enduring Oddity: The Collateral Source Rule In The Face Of Tort Reform, The Affordable Care Act And Increased Subrogation,
2012
University of Dayton
An Enduring Oddity: The Collateral Source Rule In The Face Of Tort Reform, The Affordable Care Act And Increased Subrogation, Adam Todd
School of Law Faculty Publications
Today, despite significant legislative changes in healthcare insurance, tort reform, and subrogation, the collateral source rule has remained in force in many jurisdictions even in the face of rising health insurance costs. This Article argues that as long as health insurance markets are fragmented, the collateral source rule will continue to play an important normative role in the administration of the tort injury compensation process. The rule also helps deter tortious behavior, supports the insured's contractual expectations, is consistent with distributive fairness, and ensures that those engaging in risky activities bear the full cost of injuries. The collateral source will …
Genes 101: Are Human Genes Patentable Subject Matter?,
2012
University of Richmond
Genes 101: Are Human Genes Patentable Subject Matter?, Andrew Bowman
Richmond Journal of Law & Technology
Genes are the fundamental building blocks of all living things. They dictate hair color, eye color, even susceptibility to cancer. As such, genes inherently possess untold power. The ability of a sole company to wield this omnipotence makes a human gene patent highly sought after.
A Case Of Conflict Of Cultures: End-Of-Life Decision Making Among Asian Americans,
2012
University of Pittsburgh School of Law
A Case Of Conflict Of Cultures: End-Of-Life Decision Making Among Asian Americans, Pat K. Chew
Cardozo Journal of Conflict Resolution
This essay presents a case example of a conflict between two cultures. One culture is the U.S. mainstream culture, as illustrated in a federal statute, the Patient Self-Determination Act. This statute provides legal guidelines for health care providers dealing with individuals' end-of-life decision making. Lawyers and health care providers refer to these guidelines in their counseling and treatments, apparently assuming that these guidelines are in the best interest of those they serve. The other culture is Asian American culture and its approach to end-of-life decision making. As this essay will discuss, Asian Americans have strong and long-established beliefs, values, and …
Excerpts From Chief Justice Roberts' Opinion In Nfib V. Sebelius,
2012
University of Akron School of Law
Excerpts From Chief Justice Roberts' Opinion In Nfib V. Sebelius, Wilson Huhn
Akron Law Faculty Publications
In NFIB v. Sebelius the Supreme Court upheld the constitutionality of all but one of the provisions of the Patient Protection and Affordable Care Act. The opinion of Chief Justice Roberts is the controlling opinion in all respects. This is an editted summary of the Chief Justice's opinion.
Comparative Pragmatism,
2012
University of Maryland Francis King Carey School of Law
At Risk Patients And Doctors: Why Increased Agency Enforcement And Private Causes Of Action Under The Supremacy Clause Are Needed To Protect Medicaid Providers And Beneficiaries,
2012
University of Kentucky
At Risk Patients And Doctors: Why Increased Agency Enforcement And Private Causes Of Action Under The Supremacy Clause Are Needed To Protect Medicaid Providers And Beneficiaries, Steven Clark
Kentucky Law Journal
No abstract provided.
Health Care Reform, Wellness Programs And The Erosion Of Informed Consent,
2012
Center for Law & the Biosciences, Stanford Law School
Health Care Reform, Wellness Programs And The Erosion Of Informed Consent, Matt Lamkin
Kentucky Law Journal
No abstract provided.
"A Matter Of Grace": Alternatives To Billing Insurance For Sexual Assault Forensic Examinations,
2012
University of Kentucky
"A Matter Of Grace": Alternatives To Billing Insurance For Sexual Assault Forensic Examinations, Jessica C. Harvey
Kentucky Law Journal
No abstract provided.
Regulators As Market-Makers: Accountable Care Organizations And Competition Policy,
2012
Saint Louis University School of Law
Regulators As Market-Makers: Accountable Care Organizations And Competition Policy, Thomas L. Greaney
All Faculty Scholarship
Of the many elements animating structural change under health reform, Accountable Care Organizations (ACOs) have drawn the greatest attention. The ACO strategy entails regulatory interventions that at once aim to reshape the health care delivery system, improve outcomes, promote adoption of evidence based medicine and supportive technology, and create a platform for controlling costs under payment system reform. Ambitious aims to be sure. Implementation, however, has proved a wrenching process. This article looks at the intersection of markets and regulation under the Affordable Care Act. Specifically, it analyzes regulatory interventions under the MSSP designed to foster commercial market competition. Assessing …
