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New Jersey Physicians V. President Of The United States - Appellants' Brief, New Jersey Physicians 2011 Santa Clara Law

New Jersey Physicians V. President Of The United States - Appellants' Brief, New Jersey Physicians

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Oklahoma V. Sebelius - Original Complaint, State of Oklahoma 2011 Santa Clara Law

Oklahoma V. Sebelius - Original Complaint, State Of Oklahoma

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Can Congress Make You Buy Broccoli? And Why That's A Hard Question, Wendy K. Mariner, George J. Annas, Leonard H. Glantz 2011 Boston University School of Law

Can Congress Make You Buy Broccoli? And Why That's A Hard Question, Wendy K. Mariner, George J. Annas, Leonard H. Glantz

Faculty Scholarship

The continuing uncertainty over the constitutionality of the Affordable Care Act (ACA), illustrated by conflicting trial court rulings and scholarly commentaries, raises the question of why this constitutional question is so hard to answer. There are at least four reasons.


Liberty University V. Geithner - Brief For Appellants, Liberty University 2011 Santa Clara Law

Liberty University V. Geithner - Brief For Appellants, Liberty University

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Pruitt V. Sebelius - U.S. Reply In Support Of Motion To Dismiss, United States Department of Health and Human Services 2011 Santa Clara Law

Pruitt V. Sebelius - U.S. Reply In Support Of Motion To Dismiss, United States Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Pruitt V. Sebelius - Plaintiffs' Memorandum In Opposition To Motion To Dismiss, E. Scott Pruitt 2011 Office of the Attorney General of the State of Oklahoma

Pruitt V. Sebelius - Plaintiffs' Memorandum In Opposition To Motion To Dismiss, E. Scott Pruitt

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Goudy-Bachman V. Hhs - Plaintiffs' Supplemental Brief In Opposition To Motion To Dismiss, Barbara Goudy-Bachman 2011 Santa Clara Law

Goudy-Bachman V. Hhs - Plaintiffs' Supplemental Brief In Opposition To Motion To Dismiss, Barbara Goudy-Bachman

Patient Protection and Affordable Care Act Litigation

No abstract provided.


The Schizophrenia Of Physician Extender Utilization, Thomas R. McLean 2011 Third Millenium Consultants

The Schizophrenia Of Physician Extender Utilization, Thomas R. Mclean

Annals of Health Law and Life Sciences

The Patient Protection and Affordable Care Act of 2010 provides incentives for healthcare to be delivered by Affordable Care Organizations (ACOs). The public face of many, if not most, ACOs is likely to be the Patient Centered Medical Home (PCMHs), a business structure that evolved from Retail Medical Clinics, which made greater use of physician extenders (PAs). Accordingly, this paper examines the evolution and structure of PCMHs as well as how the PCMH is regulated. As neither legal or market regulatory mechanisms are ideal for policing business structures that employ PAs, this paper concludes that the tort reform most appropriate …


Goudy-Bachman V. Hhs - Plaintiffs' Brief In Opposition To Dismiss, Barbara Goudy-Bachman 2011 Santa Clara Law

Goudy-Bachman V. Hhs - Plaintiffs' Brief In Opposition To Dismiss, Barbara Goudy-Bachman

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Winter 2011, 2011 University of Maryland Francis King Carey School of Law

Mid-Atlantic Ethics Committee Newsletter, Winter 2011

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Governance And Biosecurity: Strengthening Security And Oversight Of The Nation's Biological Agent Laboratories, Michael Greenberger, Talley Kovacs, Marita Mike 2011 University of Maryland School of Law

Governance And Biosecurity: Strengthening Security And Oversight Of The Nation's Biological Agent Laboratories, Michael Greenberger, Talley Kovacs, Marita Mike

Faculty Scholarship

Since the advent of the Anthrax attacks in the fall of 2001, the United States has been confronted with a serious policy conundrum. On the one hand, we have strengthened programs that encourage the use of our best scientific resources to develop countermeasures to the weaponization of highly dangerous biopathogens. On the other hand, research on those countermeasures requires the use of the very biopathogens we seek to defeat. There have been many mishaps in the handling of those pathogens, which raises the frightening prospect that the research may be as (or more) dangerous than bioterrorist acts themselves. Indeed, the …


Legal Impediments To The Diffusion Of Telemedicine, Diane E. Hoffmann, Virginia Rowthorn 2011 University of Maryland Francis King Carey School of Law

Legal Impediments To The Diffusion Of Telemedicine, Diane E. Hoffmann, Virginia Rowthorn

Faculty Scholarship

No abstract provided.


Restoring Transparency To Automated Authority, Frank Pasquale 2011 University of Maryland Francis King Carey School of Law

Restoring Transparency To Automated Authority, Frank Pasquale

Faculty Scholarship

Leading finance, health care, and internet firms shroud key operations in secrecy. Our markets, research, and life online are increasingly mediated by institutions that suffer serious transparency deficits. When a private entity grows important enough, it should be subject to transparency requirements that reflect its centrality. The increasing intertwining of governmental, business, and academic entities should provide some leverage for public-spirited appropriators and policymakers to insist on more general openness.

However well an "invisible hand" coordinates economic activity generally, markets depend on reliable information about the practices of core firms that finance, rank, and rate entities in the rest of …


William H. Sorrell, Attorney General Of Vermont, Et Al. V. Ims Health Inc., Et Al. - Amicus Brief In Support Of Petitioners, Kevin Outterson, David Orentlicher, Christopher T. Robertson, Frank A. Pasquale 2011 University of Maryland Francis King Carey School of Law

William H. Sorrell, Attorney General Of Vermont, Et Al. V. Ims Health Inc., Et Al. - Amicus Brief In Support Of Petitioners, Kevin Outterson, David Orentlicher, Christopher T. Robertson, Frank A. Pasquale

Faculty Scholarship

On April 26, 2011, the US Supreme Court will hear oral arguments in the Vermont data mining case, Sorrell v. IMS Health Inc. Respondents claim this is the most important commercial speech case in a decade. Petitioner (the State of Vermont) argues this is the most important medical privacy case since Whalen v. Roe.

The is an amicus brief supporting Vermont, written by law professors and submitted on behalf of the New England Journal of Medicine


Law & Health Care Newsletter, V. 18, No. 2, Spring 2011, 2011 University of Maryland Francis King Carey School of Law

Law & Health Care Newsletter, V. 18, No. 2, Spring 2011

Law & Health Care Newsletter

No abstract provided.


Law & Health Care Newsletter, V. 19, No. 1, Fall 2011, 2011 University of Maryland Francis King Carey School of Law

Law & Health Care Newsletter, V. 19, No. 1, Fall 2011

Law & Health Care Newsletter

No abstract provided.


Using Law To Fight A Silent Epidemic: The Role Of Healthy Literacy In Health Care Access, Quality & Cost, Brietta Clark 2011 Loyola Law School, Los Angeles

Using Law To Fight A Silent Epidemic: The Role Of Healthy Literacy In Health Care Access, Quality & Cost, Brietta Clark

Annals of Health Law and Life Sciences

The dominant rhetoric in the health care policy debate about cost has assumed an inherent tension between access and quality on the one hand, and cost effectiveness on the other; but an emerging discourse has challenged this narrative by presenting a more nuanced relationship between access, quality, and cost. This is reflected in the discourse surrounding health literacy, which is viewed as an important tool for achieving all three goals. Health literacy refers to one's ability to obtain, understand and use health information to make appropriate health decisions. Research shows that improving patients' health literacy can help overcome access barriers …


The Real Constitutional Problem With The Affordable Care Act, Timothy Stoltzfus Jost 2011 Washington and Lee University School of Law

The Real Constitutional Problem With The Affordable Care Act, Timothy Stoltzfus Jost

Scholarly Articles

Not available.


Loopholes In The Affordable Care Act: Regulatory Gaps And Border Crossing Techniques And How To Address Them, Timothy Stoltzfus Jost 2011 Washington and Lee University School of Law

Loopholes In The Affordable Care Act: Regulatory Gaps And Border Crossing Techniques And How To Address Them, Timothy Stoltzfus Jost

Scholarly Articles

Not available.


Lebron V. Gottlieb Memorial Hospital: Capping Medical Practice Reform In Illinois, Leonard Nelson, Amanda Swanson, Marianne Buckley 2011 American Medical Association

Lebron V. Gottlieb Memorial Hospital: Capping Medical Practice Reform In Illinois, Leonard Nelson, Amanda Swanson, Marianne Buckley

Annals of Health Law and Life Sciences

On February 4, 2010 the Illinois Supreme Court struck down Illinois' medical practice reform bill, P.A. 94-677, when it decided Lebron v. Gottlieb Memorial Hospital. Although the court only considered the unconstitutionality of the cap on non-economic damages contained in that bill, an inseverability provision resulted in the invalidation of all of its provisions. The end result of the Lebron decision extends much further than the striking of the cap on non-economic damages. It affects such areas as medical liability insurance law, physician discipline, public disclosure of information, the admissibility of physician statements into evidence, and expert witness standards. …


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