Regulating To Promote Competition In Designing Health Insurance Exchanges,
2011
Saint Louis University School of Law
Regulating To Promote Competition In Designing Health Insurance Exchanges, Thomas L. Greaney
All Faculty Scholarship
Many of the most contentious issues in the debate over health reform concerned the performance and competitiveness of private health insurance including abusive and unfair practices such as denying coverage to individuals with pre-existing conditions; the impact of dominant insurers serving individual and small group markets; and purportedly excessive profits of the insurance industry and lavish salaries of their executives. A key component of the Affordable Care Act for implementing and overseeing reforms directed at these problems is the establishment of market-making entities, health insurance exchanges. These state-run entities will certify insurers’ compliance with regulations, monitor their performance, and take …
Illinois Nursing Home Reform: Sorting Out The Deadly Mix,
2011
Loyola University Chicago, School of Law
Illinois Nursing Home Reform: Sorting Out The Deadly Mix, Sonia Piacenza
Public Interest Law Reporter
No abstract provided.
Drug Tests For Welfare: Saving Taxpayer Money Or Flushing It Down The Drain?,
2011
Loyola University Chicago, School of Law
Drug Tests For Welfare: Saving Taxpayer Money Or Flushing It Down The Drain?, Michelle Yoder
Public Interest Law Reporter
No abstract provided.
Secret Shoppers In Illinois: Uncovering Startling Trends In Access To Healthcare,
2011
Loyola University Chicago, School of Law
Secret Shoppers In Illinois: Uncovering Startling Trends In Access To Healthcare, Kathryn C. Kokoczka
Public Interest Law Reporter
No abstract provided.
A Synopsis Of Texas And Federal Sovereign Immunity Principles: Are Recent Sovereign Immunity Decisions Protecting Wrongful Governmental Conduct.,
2011
St. Mary's University
A Synopsis Of Texas And Federal Sovereign Immunity Principles: Are Recent Sovereign Immunity Decisions Protecting Wrongful Governmental Conduct., Marilyn Phelan
St. Mary's Law Journal
The Texas Supreme Court recently rendered several decisions involving governmental entities reflecting the court’s inflexible application of the doctrine of sovereign immunity. These decisions raise concerns that the Court may be insulating government employees from adherence to ethical codes of conduct. Just as Congress enacted legislation requiring accuracy and reliability from financial officers of corporations, there exists a similar need for Texas courts to protect the public from governmental harm through misconduct. The current awareness of governmental officials lessens the likelihood of governmental transparency and accountability. This Article analyzes the Court’s current application of the sovereign immunity doctrine to provide …
First, Do No Harm: Response To “If You Prick Me”,
2011
FAMU College of Law
First, Do No Harm: Response To “If You Prick Me”, Patricia A. Broussard
Journal Publications
Brianna Lennon makes several cogent and persuasive arguments about Female Genital Mutilation (“FGM”) in her recently published Student Note entitled, If You Prick Me: The American Academy of Pediatrics’ Female Genital Cutting Policy Turnabout. She successfully articulates why she believes that by prohibiting FGM, opponents are in effect reinforcing it as a tie to the former culture or country. However, although Ms. Lennon makes some sound points, she overlooks and thereby, fails to answer the most obvious question which is, who owns a woman’s body? If one reaches the conclusion that a woman owns her body, then the logical extension …
The Coal Miners Have Taken Care Of Us: Let's Now Take Care Of The Coal Miners,
2011
Florida A&M University College of Law
The Coal Miners Have Taken Care Of Us: Let's Now Take Care Of The Coal Miners, Priscilla Norwood Harris
Journal Publications
For over a hundred years, coal has helped power America's economy.' In short, without coal mining no industrial revolution would have occurred. "Coal fueled the new industrial capitalism."' Moreover, from the very beginnings of industrialization in the United States, "Appalachian coal and other fossil fuels have fired the engine of American industry,"' and it was Appalachian coking coal that helped make the steel America needed.' Coal transformed the United States into "an industrial superpower from a virtual wilderness."" This massive use of coal has come at a price to the miners." The death and injury rate from mining is matched …
In Re Miguel M.,
2011
New York Law School Class of 2011
Bayer Schering Pharma Ag V. Barr Laboratories, Inc.,
2011
New York Law School Class of 2011
Bayer Schering Pharma Ag V. Barr Laboratories, Inc., Joshua Zarabi
NYLS Law Review
No abstract provided.
Embryo “Adoption”? The Rhetoric, The Law, And The Legal Consequences,
2011
New York Law School Class of 2010
Embryo “Adoption”? The Rhetoric, The Law, And The Legal Consequences, Polina M. Dostalik
NYLS Law Review
No abstract provided.
American Vertigo: Dual Use, Prison Physicians, Research, And Guantanamo,
2011
Boston University School of Law
American Vertigo: Dual Use, Prison Physicians, Research, And Guantanamo, George J. Annas
Faculty Scholarship
Physicians can be used by governments for nonmedical purposes, and physician acceptance of their nonmedical use is usually denoted as "dual loyalty, " although it is more analytically helpful to frame it "dual use. " Dual use of physicians has been on display at Guantanamo where physicians have consistently been used to break hunger strikes as part of the military security mission in ways that directly violate medical ethics. Guantanamo itself has also been seen worldwide as a uniquely horrible prison, which can tell us little about other American prisons. The contrary seems to be true: Guantanamo, and the use …
Navigating The Global Health Terrain: Mapping Global Health Diplomacy,
2011
Indiana University Maurer School of Law
Navigating The Global Health Terrain: Mapping Global Health Diplomacy, David Fidler
Articles by Maurer Faculty
This article engages in mapping thinking and practice on global health diplomacy. Increased interest in “global health diplomacy” and “health diplomacy” heightens the need for more rigorous descriptive, conceptual, analytical, and practical approaches to these phenomena. This article discusses why more rigor is needed with respect to global health diplomacy, provides a way to describe global health diplomacy that provides a foundation for further analysis, explores conceptual underpinnings of global health diplomacy to deepen the mapping exercise, and offers a simple but flexible analytical template for use in mapping different aspects of global health diplomacy. The article concludes with thoughts …
New Mexico’S Major Reservoirs: An Overview,
2011
University of New Mexico
New Mexico’S Major Reservoirs: An Overview, Susan Kelly, Diego Urbina
Water Matters!
This paper describes the salient facts about the major water storage reservoirs in New Mexico. For each reservoir, we address the purposes of water storage allowed by law, storage capacity, the responsible operating agency, and some key operational issues. This is by necessity a vast simplification of the topic.Books, articles, research reports, operation manuals, and other materials on these topics run into the hundreds. Millions of dollars have been spent on technical studies and computer models to understand,and sometimes alter, the operations of various dams and reservoirs.
The Brains Behind Mediation: Reflections On Neuroscience, Conflict Resolution And Decision-Making,
2011
NYS Unified Court System
The Brains Behind Mediation: Reflections On Neuroscience, Conflict Resolution And Decision-Making, Daniel Weitz
Cardozo Journal of Conflict Resolution
On September 13, 1848, an explosives charge sent a three-foot tamping iron about an inch in diameter through the head of Phineas Gage. Although Gage survived, the tamping iron, which entered just under the left eye and exited through the frontal portion of his head, destroyed his prefrontal cortex. Prior to the accident, Gage was a popular foreman of a railroad construction crew. After the accident, he was a tactless, profane, and impulsive man with a dramatically altered personality.
Can You Really Keep Your Health Care Plan? The Limits Of Grandfathering Under The Affordable Care Act,
2011
University of Georgia School of Law
Can You Really Keep Your Health Care Plan? The Limits Of Grandfathering Under The Affordable Care Act, Elizabeth Weeks Leonard
Scholarly Works
This article examines the rhetoric and reality of President Obama's repeated hallmark promise during federal health reform that "you can keep your health plan," as one example of the Administration's equivocal stance toward deregulation. Although rhetorically supporting the popular preference for decreased government involvement in health care, the Obama Administration, in several instances, has achieved significant re-regulation through the intricacies of executive branch rule-making. The Affordable Care Act's "grandfather rule" (Section 1251, "Preservation of Right to Maintain Existing Coverage") purports to uphold the "you can keep your health plan" promise. But the regulatory requirements for plans to retain grandfathered status …
Forcing Life On The Dead: Why The Pregnancy Exemption Clause Of The Kentucky Living Will Directive Act Is Unconstitutional,
2011
University of Kentucky
Forcing Life On The Dead: Why The Pregnancy Exemption Clause Of The Kentucky Living Will Directive Act Is Unconstitutional, Kristeena L. Johnson
Kentucky Law Journal
No abstract provided.
Shifting The Conversation: Disability, Disparities And Health Care Reform,
2011
University of Washington School of Law
Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo
Articles
In keeping with the theme of this symposium, I would like to invite you to consider health care reform as a political shift in our thinking about the barriers and inequalities experienced by people with disabilities in our health care system. Traditionally, when these issues have been addressed, the predominant approach has been through a civil rights framework, specifically the Rehabilitation Act of 1973' and the American with Disabilities Act of 1990 (ADA).2 Now, the Patient Protection and Affordable Care Act of 2010 (PPACA) offers a new approach. This essay will outline the barriers to health and health care experienced …
Consumer Direction In Medicaid Long Term Care: Autonomy, Commodification Of Family Labor, And Community Resilience,
2011
American University Washington College of Law
Consumer Direction In Medicaid Long Term Care: Autonomy, Commodification Of Family Labor, And Community Resilience, Daniela Kraiem
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Political Factors And Enforcement Of The Nursing Home Regulatory Regime,
2011
Chicago State University & Indiana University School of Law at Indianapolis
Political Factors And Enforcement Of The Nursing Home Regulatory Regime, Philip C. Aka, Lucinda M. Deason, Augustine Hammond
Journal of Law and Health
This study analyzes the influence of political factors, oversight, and nursing home affiliation or ownership status on the enforcement of the nursing home regulatory regime, signified by the Nursing Home Reform Act ("NHRA") and its progeny. Specifically speaking, it measures, using the statistical technique of regression analysis, factors that account for variations across states in the number of deficiencies (or violations of quality standards) cited by nursing home inspectors across the states. This work is a first of its kind, an analysis not government-related, by a set of public administration scholars that systematically studies the influence of political forces on …
The Skeleton Key: Will The Federal Health Care
Reform Legislation Unlock The Solutions To Diverse Dilemmas Arising From
The State Health Care Reform Laboratories
,
2011
Cleveland State University
The Skeleton Key: Will The Federal Health Care Reform Legislation Unlock The Solutions To Diverse Dilemmas Arising From The State Health Care Reform Laboratories , Christopher R. Smith
Journal of Law and Health
Given that the Reform Law is not operating on a blank slate, this article examines its impact on the health care reform efforts of three states: Hawaii, Maine, and Vermont. More specifically, this article examines each state’s health care reform plan, the outcomes of each plan in terms of achieving universal coverage or near universal coverage, and the likely impact of the federal health care reform legislation on these plans, with a particular focus on how the federal legislation and state laws will or will not work together to achieve near-universal coverage. The article aims to determine whether the Reform …
