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Let Fifty Flowers Bloom: Health Care Federalism After National Federation Of Independent Business V. Sebelius, Ann Marie Marciarille 2012 University of Missouri - Kansas City, School of Law

Let Fifty Flowers Bloom: Health Care Federalism After National Federation Of Independent Business V. Sebelius, Ann Marie Marciarille

Faculty Works

Conventional wisdom is that the American public does not want to think too long or too hard about Medicaid. Medicaid’s reputation has long been big, complicated, and widely misunderstood. The 2012 presidential election campaign has been much about Medicaid, but Medicaid is a subject we love to talk around. Yet, our next president will be compelled to think and speak explicitly and fluently about Medicaid because Medicaid is the budget-buster of government funded health insurance. Its budget busting propensities are most pronounced at the intersection of Medicaid and the government-funded health insurance program we do love to discuss: Medicare.

This …


The Right To Refuse Life Sustaining Medical Treatment And The Noncompetent Nonterminally Ill Patient: An Analysis Of Abridgment And Anarchy, Elizabeth Helene Adamson 2012 Pepperdine University

The Right To Refuse Life Sustaining Medical Treatment And The Noncompetent Nonterminally Ill Patient: An Analysis Of Abridgment And Anarchy, Elizabeth Helene Adamson

Pepperdine Law Review

No abstract provided.


An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson 2012 Pepperdine University

An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson

Pepperdine Law Review

No abstract provided.


Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt 2012 Pepperdine University

Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt

Pepperdine Law Review

No abstract provided.


Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr. 2012 Pepperdine University

Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.

Pepperdine Law Review

No abstract provided.


Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff 2012 Pepperdine University

Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff

Pepperdine Law Review

No abstract provided.


The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton 2012 Pepperdine University

The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton

Pepperdine Law Review

No abstract provided.


Vaccines And The Law, Michael Sanzo Ph.D. 2012 Pepperdine University

Vaccines And The Law, Michael Sanzo Ph.D.

Pepperdine Law Review

The last twenty years have seen a sea-change in the area of proving causation in the toxic tort setting, with courts demanding stronger, scientifically tested evidence. At the same time, a closely related debate has been raging about separating cause from coincidence under the National Childhood Vaccine Injury Act compensation program for injuries that might have been the result of vaccinations. The Vaccine Act created a no-fault compensation fund financed by a tax on childhood vaccines to address harms resulting from those vaccines. Unfortunately, Congress gave little direction with regard to the level of causal certainty that would be required …


Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose 2012 Texas A&M University School of Law

Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose

Pepperdine Law Review

No abstract provided.


Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk 2012 Pepperdine University

Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk

Pepperdine Law Review

No abstract provided.


Compassion For Drug Addicts Or Government-Sanctioned Drug Use?: An Overview Of The Needle Exchange Controversy, David J. Merrill 2012 Pepperdine University

Compassion For Drug Addicts Or Government-Sanctioned Drug Use?: An Overview Of The Needle Exchange Controversy, David J. Merrill

Pepperdine Law Review

No abstract provided.


A Time To Die?: Deciding The Legality Of Physician-Assisted Suicide, Jennifer Cole Popick 2012 Pepperdine University

A Time To Die?: Deciding The Legality Of Physician-Assisted Suicide, Jennifer Cole Popick

Pepperdine Law Review

No abstract provided.


Employee Notice Requirements Under The Family And Medical Leave Act: Are They Manageable?, Robert J. Aalberts, Lorne H. Seidman 2012 Pepperdine University

Employee Notice Requirements Under The Family And Medical Leave Act: Are They Manageable?, Robert J. Aalberts, Lorne H. Seidman

Pepperdine Law Review

No abstract provided.


Madsen V. Women's Health Center, Inc.: Striking An Unequal Balance Between The Right Of Women To Obtain An Abortion And The Right Of Pro-Life Groups To Freedom Of Expression, Keli N. Osaki 2012 Pepperdine University

Madsen V. Women's Health Center, Inc.: Striking An Unequal Balance Between The Right Of Women To Obtain An Abortion And The Right Of Pro-Life Groups To Freedom Of Expression, Keli N. Osaki

Pepperdine Law Review

No abstract provided.


Angels Of Mercy Or Greedy Capitalists? Buying Life Insurance Policies From The Terminally Ill, Denise M. Schultz 2012 Pepperdine University

Angels Of Mercy Or Greedy Capitalists? Buying Life Insurance Policies From The Terminally Ill, Denise M. Schultz

Pepperdine Law Review

No abstract provided.


Medtronic, Inc. V. Lohr: Is Federal Pre-Emption A Heartbeat Away From Death Under The Medical Device Amendments?, Mark E. Gelsinger 2012 Pepperdine University

Medtronic, Inc. V. Lohr: Is Federal Pre-Emption A Heartbeat Away From Death Under The Medical Device Amendments?, Mark E. Gelsinger

Pepperdine Law Review

No abstract provided.


The Fda Sends Smoke Signals To Big Tobacco: Will The Fda Suffer Backlash, Will Alcohol Be Regulated Next, And Will The Health Of Americans Prevail?, Angela Turriciano 2012 Pepperdine University

The Fda Sends Smoke Signals To Big Tobacco: Will The Fda Suffer Backlash, Will Alcohol Be Regulated Next, And Will The Health Of Americans Prevail?, Angela Turriciano

Pepperdine Law Review

No abstract provided.


Irreconcilable Differences: Why The Doctor-Patient Relationship Is Disintegrating At The Hands Of Health Maintenance Organizations And Wall Street, Mark O. Hiepler, Brian C. Dunn 2012 Pepperdine University

Irreconcilable Differences: Why The Doctor-Patient Relationship Is Disintegrating At The Hands Of Health Maintenance Organizations And Wall Street, Mark O. Hiepler, Brian C. Dunn

Pepperdine Law Review

No abstract provided.


Vacco V. Quill And Washington V. Glucksberg: Thou Shalt Not Kill, Unless Your State Permits Physician-Assisted Suicide , Jennifer Bradford 2012 Pepperdine University

Vacco V. Quill And Washington V. Glucksberg: Thou Shalt Not Kill, Unless Your State Permits Physician-Assisted Suicide , Jennifer Bradford

Pepperdine Law Review

No abstract provided.


State Medical Reimbursement Lawsuits After Tobacco: Is The Domino Effect For Lead Paint Manufacturers And Others Fair Game? , Richard L. Cupp Jr. 2012 Pepperdine University

State Medical Reimbursement Lawsuits After Tobacco: Is The Domino Effect For Lead Paint Manufacturers And Others Fair Game? , Richard L. Cupp Jr.

Pepperdine Law Review

In 1998 the tobacco industry reached a settlement with the government for $246 billion. The massive size and scope of the states' tobacco settlement will inevitably exert a powerful influence on tort litigation for decades. The proliferation of copycat lawsuits, such as lead paint claims, seeking to emulate the spectacular success of the tobacco lawsuits will be one of the first aftershocks. The appropriate legislative response to this copycat litigation is to enact legislation limiting mass tort claims by states and other government entities. Because politics and economics may be influencing the filing of these lawsuits, rather than a purer …


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