Health Law and Policy Commons^™

Florida V. Hhs - Amicus Brief Of Republican U.S. Senators, Mitch Mcconnell

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - States Reply Brief, State Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Amicus Brief Of John Boehner, John Boehner

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Amicus Brief Of Small Business Majority Foundation, Inc., Small Business Majority Foundation

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Amicus Brief Of American Civil Rights Union, American Civil Rights Union

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Amicus Brief Of Governors Of Washington, Colorado, Michigan, And Pennsylvania, Chris Gregoire

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Amended Complaint, State Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Motion To Amend Complaint, State Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Amicus Brief Of Young Invincibles, Young Invincibles

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Amicus Brief Of Governors Pawlenty And Carcieri, Tim Pawlenty

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Opinion On Motion To Dismiss (Granting In Part And Denying In Part), United States District Court For The Northern District Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Liberty University V. Geithner - Fourth Circuit Opinion, United States Court Of Appeals For The Fourth Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Liberty University V. Geithner - Amicus Brief Of Mountain States Legal Foundation, Mountain States Legal Foundation

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Second Amended Complaint, State Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - April 14 Scheduling Order, United States District Court For The Northern District Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Liberty University V. Geithner - Amicus Brief Of Revere America Foundation, Revere American Foundation

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Health Care: Why Jurisdiction Matters, Kevin C. Walsh

Scholarly Articles

Congress’s enactment of comprehensive healthcare reform legislation last year was the culmination of one round of an intense debate that continues today. The second round began the same day that the first round ended, when President Obama signed the legislation. In this second round, the locus of debate has shifted from Congress to the courts, which are processing a slew of lawsuits filed immediately after enactment.

One of the most prominent is Virginia v. Sebelius. The lawsuit presents on its face a prominent and critically important question of federalism: Did Congress exceed the limits of its enumerated legislative powers by …

A Medical Malpractice Model For Developing Countries?, Nathan Cortez

Faculty Journal Articles and Book Chapters

This Article, written for the symposium "Reforming Medical Liability: Global Perspectives," evaluates the unique plight of developing countries in crafting medical liability regimes. Many developing countries struggle to maintain workable systems for adjudicating physician negligence. This is due to a variety of factors, such as widespread poverty, more pressing public health priorities that demand attention, a scarcity of physicians, immature health care systems, large informal health sectors, regulatory deficits, and weak civil societies, among others. Patients in these countries are also less able than their counterparts in well-developed countries to evaluate and challenge the care they receive and thus serve …

The Elusive Ideal Of Market Competition In U.S. Health Care, Nathan Cortez

Faculty Journal Articles and Book Chapters

This chapter, in the book Health Care and EU Law (TMC Asser Press 2011), explores how market competition has both driven and (somewhat ironically) undermined U.S. health reform efforts over the past few decades. More than its peers, the U.S. health care system looks to market-inspired theories and policy instruments, even in public programs like Medicare. But decades of promoting market ideals has not given Americans the health care system we desire. Still, the market question remains the basic dividing line in U.S. health policy.

This chapter explores how the U.S. health care system remains an international outlier, exploring American …

The Case Against Preemption: Vaccines & Uncertainty, Mary J. Davis

Law Faculty Scholarly Articles

This article begins with a brief recap of the state of current preemption doctrine and how it governs the interaction of federal regulation of product manufacturers and state tort actions related to the actions of those manufacturers. Second, the article provides observations on how that doctrine might apply to vaccine injury litigation. Bruesewitz v. Wyeth, Inc. involves the preemptive scope of the Vaccine Act and the unique compensation system Congress created to respond to vaccine injuries. Bruesewitz was decided on February 22, 2011, and held that design defect claims are expressly preempted by the Vaccine Act. This article endeavors …