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Florida V. Hhs - Amicus Brief Of Governors Pawlenty And Carcieri, Tim Pawlenty 2011 Office of the Governor of the State of Minnesota

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 2011 Santa Clara Law

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 2011 Santa Clara Law

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 2011 Santa Clara Law

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 2011 Santa Clara Law

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 2011 Santa Clara Law

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 2011 Santa Clara Law

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 2011 The Catholic University of America, Columbus School of Law

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 …


The Elusive Ideal Of Market Competition In U.S. Health Care, Nathan Cortez 2011 Southern Methodist University, Dedman School of Law

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 …


Reverse Settlements As Patent Invalidity Signals, Gregory Dolin 2011 University of Baltimore School of Law

Reverse Settlements As Patent Invalidity Signals, Gregory Dolin

All Faculty Scholarship

Over the last decade a new type of settlements, commonly referred to as “reversed payment settlements” or simply “reverse settlements,” emerged in litigation over patents covering pharmaceutical products. What differentiates these new settlements from their traditional counterparts is that whereas traditionally, the alleged trespasser on someone else's rights pays the rights-holder to settle the litigation, in these new settlements it is the rights holder that pays the alleged trespasser. These settlements are a direct consequence of the various incentives provided by the Hatch-Waxman Act - an Act designed to increase competition between brand name and generic manufactures of pharmaceutical products. …


The Case Against Preemption: Vaccines & Uncertainty, Mary J. Davis 2011 University of Kentucky College of Law

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 …


Discourse Norms As Default Rules: Structuring Corporate Speech To Multiple Stakeholders, David G. Yosifon 2011 Case Western Reserve University School of Law

Discourse Norms As Default Rules: Structuring Corporate Speech To Multiple Stakeholders, David G. Yosifon

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Born By The Woman, Caught By The Midwife: The Case For Legalizing Direct-Entry Midwifery In All Fifty States, Sarah Anne Stover 2011 Case Western Reserve University School of Law

Born By The Woman, Caught By The Midwife: The Case For Legalizing Direct-Entry Midwifery In All Fifty States, Sarah Anne Stover

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Future Of Employment-Based Health Insurance After The Patient Protection And Affordable Case Act, Kathryn L. Moore 2011 University of Kentucky College of Law

The Future Of Employment-Based Health Insurance After The Patient Protection And Affordable Case Act, Kathryn L. Moore

Law Faculty Scholarly Articles

In the United States, unlike in all other advanced industrial states, health care is financed principally through employment-based health insurance. In 2009, more than 156 million individuals under the age of sixty-five, or 59% of that population, were covered by employment- based health insurance.

On March 21, 2010, President Obama signed the Patient Protection and Affordable Care Act (PPACA). Described as seminal as the enactment of the Employee Retirement Income Security Act (ERISA), PPACA fundamentally reforms the American health care system. PPACA, however, does not eliminate the system’s reliance on employment- based health insurance. Instead, it builds on, and arguably …


Ethnicity And Cultural Issues, John E. Zeber, Jodi M. Gonzalez, Richard Van Dorn, Alejandro Interian 2011 Center for Applied Health Research

Ethnicity And Cultural Issues, John E. Zeber, Jodi M. Gonzalez, Richard Van Dorn, Alejandro Interian

Mental Health Law & Policy Faculty Publications

No abstract provided.


Depression Care Management: Can Employers Purchase Improved Outcomes?, Kathryn Rost, Donna Marshall, Benjamin Shearer, Allen J. Dietrich 2011 University of South Florida

Depression Care Management: Can Employers Purchase Improved Outcomes?, Kathryn Rost, Donna Marshall, Benjamin Shearer, Allen J. Dietrich

Mental Health Law & Policy Faculty Publications

Fourteen vendors are currently selling depression care management products to US employers after randomized trials demonstrate improved work outcomes. The research team interviewed 10 (71.4%) of these vendors to compare their products to four key components of interventions demonstrated to improve work outcomes. Five of 10 depression products incorporate all four key components, three of which are sold by health maintenance organizations (HMOs); however, HMOs did not deliver these components at the recommended intensity and/or duration. Only one product delivered by a disease management company delivered all four components of care at the recommended intensity and duration. This “voltage drop,” …


Dying For Dollars: Health Equity In The Age Of Reform, Max D. Siegel 2011 University of Maryland Francis King Carey School of Law

Dying For Dollars: Health Equity In The Age Of Reform, Max D. Siegel

Maryland Law Review

On March 23, 2010, President Barack Obama signed the Patient Protection and Affordable Care Act ("ACA") into law. Almost instantly, fourteen state attorneys general joined together to file suit to challenge ACA in federal courts in Virginia and Florida. These states took action amid widespread political rhetoric that condemned Congress for shattering its constitutional limits by invading citizens' private decisions to purchase health insurance. Few political trends are as divisive as the changing role of government in private health care coverage decisions. Yet, the American debate continues to be distracted by marketplace rhetoric. This Comment argues that the American preoccupation …


Meaningful Use And Certification Of Health Information Technology: What About Safety?, Sharona Hoffman, Andy Podgurski 2011 Case Western Reserve University School of Law

Meaningful Use And Certification Of Health Information Technology: What About Safety?, Sharona Hoffman, Andy Podgurski

Faculty Publications

Health information technology (HIT) is becoming increasingly prevalent in medical offices and facilities. Like President George W. Bush before him, President Obama announced a plan to computerize all Americans’ medical records by 214. Computerization is certain to transform American health care, but to ensure that its benefits outweigh its risks, the federal government must provide appropriate oversight.

President Obama’s stimulus legislation, the American Recovery and Reinvestment Act of 29 (ARRA), dedicated $27 billion to the promotion of health information technology. It provides payments of up to $44, per clinician under the Medicare incentive program and $63,75 per clinician under the …


Hardt V. Reliance Standard Life Insurance Company: Attorney's Fee Awards Under Erisa And The "Some Degree Of Success" Standard, Matthew D. Gimovsky 2011 University of Maryland Francis King Carey School of Law

Hardt V. Reliance Standard Life Insurance Company: Attorney's Fee Awards Under Erisa And The "Some Degree Of Success" Standard, Matthew D. Gimovsky

Journal of Health Care Law and Policy

No abstract provided.


Researchers Without Borders?: Limiting Obligations Of Ancillary Care Through The Rescue Model, Michael R. Ulrich 2011 University of Maryland Francis King Carey School of Law

Researchers Without Borders?: Limiting Obligations Of Ancillary Care Through The Rescue Model, Michael R. Ulrich

Student Articles and Papers

With the expansion of clinical research in developing countries, there is a need to explain obligations that researchers have to their subjects beyond those required by the study protocol. This paper outlines a model founded on the duty to rescue that provides ethical clarification of the obligations of ancillary care.


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