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Published: 01 August 2019
Figure 1 College Graduates and Vote Share for Medicaid Expansion. Notes : Each circle represents a locality, and its size reflects the total number of votes cast. The x-axis shows the share of the adult population in the locality with at least a bachelor's degree, and the y-axis shows the share... More
Journal Article
J Health Polit Policy Law (1981) 6 (2): 321–327.
Published: 01 April 1981
Journal Article
J Health Polit Policy Law (1982) 7 (2): 421–439.
Published: 01 April 1982
... Committee of Interns and Residents (CIR), one of the oldest and largest housestaff associations, which moved to a more activist position in the mid-seventies. Compara- tive reference will be made to two other politically active housestaff as- sociations: Los Angeles County Joint Council of Interns...
Journal Article
J Health Polit Policy Law (1985) 9 (4): 735–736.
Published: 01 August 1985
... v. Heckler, 724 E2d 914,919-21 (1 lth Cir. 1984);Chic0 v. Schweiker, 710 E2d 947, 953 (2d Cir. 1983); Scruggs v. Schweiker, 559 E Supp. 100, 108 (M.D. Tenn. 1982). 8. “The desirability of transforming physicians from consultants and witnesses into [disability program] decision...
Journal Article
J Health Polit Policy Law (2017) 42 (5): 749–770.
Published: 01 October 2017
... generally been assumed that physicians are free to discriminate on any basis they like due to the absence of express statutory authority stating otherwise (Orentlicher, Bobinski, and Hall 2013 ). Walker v. Pierce (560 F.2d 609 [4th Cir. 1977]), is a court decision that illustrates this gap in the law...
Journal Article
J Health Polit Policy Law (1997) 22 (6): 1385–1411.
Published: 01 December 1997
... the Oregon proposal, in fact, only two reported cases had dealt with challenges to the denial of health care on the basis of disability. One, United States v. University Hospital, State University of New York at Stony Brook (729 F.2d 144 [2d. Cir. 1984 involved the refusal of the parents of a child born...
Journal Article
J Health Polit Policy Law (2001) 26 (2): 409–428.
Published: 01 April 2001
... of metastatic sites or estrogen receptor status (ibid 5. Harris v. Mutual of Omaha Companies, 992 F.2d 706 (7th Cir. 1993); Sweeney v. Gerber Products Co. Medical Benefits Plan, 728 F. Supp. 594 (D. Neb. 1989); Thomas v. Gulf Health Plan, Inc., 688 F. Supp. 590 (S.D. Ala. 1988...
Journal Article
J Health Polit Policy Law (2015) 40 (3): 577–588.
Published: 01 June 2015
... concede that in 2009 they advanced another bill that imposed even stricter community rating but still withheld exchange subsides in uncooperative states (Brief of Amicus Curiae Members of Congress and State Legislatures, King v. Sebelius, No. 14-1158 (4th Cir. Mar. 20, 2014); Affordable Health Choices Act...
Journal Article
J Health Polit Policy Law (2001) 26 (4): 767–788.
Published: 01 August 2001
... [7th Cir. 1998][emphasis in original][quoting 29 U.S. Code Sec- tion 1104[a][1 The dissenting judge agreed that the HMO was a plan fiduciary for purposes of ERISA (Pegram, 154 F.3d at 381 [Flaum, J., dissenting]) but argued that ERISA permits certain forms...
Journal Article
J Health Polit Policy Law (1988) 13 (4): 635–662.
Published: 01 August 1988
... the guidelines as the basis of its analysis of a merger’s substantive merits. See Testimony of Robin Allen in U.S. v. Rockford Memorial Corp., supra note 1. Nevertheless, there can be no question that the guidelines are not binding on the courts. See, e.g., FTC v. PFG Industries, 798 E2d 1500 (D.C. Cir...
Journal Article
J Health Polit Policy Law (2001) 26 (2): 291–326.
Published: 01 April 2001
... prevention. Thus the utility JHPPL 26.2-06 Jacobson 3/22/01 12:15 PM Page 300 300 Journal of Health Politics, Policy and Law or social value of the conduct must be weighed against the risks (United States v. Carroll Towing Co., 159 F.2d. 169 [2d Cir. 1947...
Journal Article
J Health Polit Policy Law (2015) 40 (3): 575–576.
Published: 01 June 2015
... by the State,’ we reverse the district court and vacate the IRS's regulation [26 C.F.R. § 1.36B-2(a)(1)]” (Halbig v. Burwell, No. 14-5018 (D.C. Cir. Jul. 22, 2014)). In contrast, the Fourth Circuit, under King, unanimously ruled in favor of the government (Burwell), arguing that the legislative language...
Journal Article
J Health Polit Policy Law (1985) 10 (1): 33–80.
Published: 01 February 1985
... an enterprise liability rubric to resolve this problem (see Sindell v. Abbott Laboratories), this problem remains a live one in most toxic substance litigation. See Hardy v. Johns-Manville, 681 F.2d 334 (5th Cir. 1982); see also Library of Congress, Congressional Research Service, Six...
Journal Article
J Health Polit Policy Law (1993) 18 (2): 439–476.
Published: 01 April 1993
...), an “entitlement model” (Rosenblatt 1982, 1990), and a “model of social duties” (Rosenblatt 1990). The term “norm-realizing” might best capture what I mean by “rights-enforcing.” 3. See, e.g., McGann v. H. & H. Music, 946 F.2d 401 (5th Cir. 1991), cert. den. sub nom. Greenberg v. H. & H. Music, 113 S.Ct...
Journal Article
J Health Polit Policy Law (2007) 32 (5): 785–818.
Published: 01 October 2007
... discretion to the administra- tor, courts can only overturn the denial if it is arbitrary and capricious. The latter standard is far more deferential to insurers than the former. (See, e.g., Anderson v. Trumbull-Mahoning Medical Group, No. 99 – 3510, 2000 WL 331943 [6th Cir. March 22, 2000 Courts...
Journal Article
J Health Polit Policy Law (1982) 7 (1): 128–162.
Published: 01 February 1982
... Care, Inc., 637 F.2d 715 (8th Cir. 1980); United States v. Finis P. Ernst, Znc., 509 F.2d 1256, 1259 (7th Cir. 1975), cert. denied sub nom.; Modern Asphalt Paving & Construction Co. v. United States, 423 U.S. 874 (1975), cert. denied, 423 U.S. 893 (1975). 25. 473 F. Supp. at 158...
Journal Article
J Health Polit Policy Law (2006) 31 (3): 587–607.
Published: 01 June 2006
... State Board of Public Accountancy, 593 F.2d 919 (5th Cir. 1979). 29. The restraint in Texas State Board was adopted only after licensees approved it in a refer- endum and closely resembled the more obviously private restraint of trade roundly condemned by the Supreme Court in National Society...
Journal Article
J Health Polit Policy Law (2001) 26 (2): 267–290.
Published: 01 April 2001
... of the subject matter is such that his opinion will most likely assist the trier of fact in arriving at the truth.” (United States v. Barker, 553 F.2d 1013, 1024 [6th Cir. 1977]) Under the traditional adversarial model, once having determined...
Journal Article
J Health Polit Policy Law (1988) 13 (4): 623–633.
Published: 01 August 1988
..., 177 n.9 (7th Cir. 1980). 15. In other words, even if the decision to refer is innocent and results in no increased charges, the decision of where to refer may be subject to influence. 16. State v. Abortion Information Agency, Inc., 330 N.Y.S.2d 927, 929 (N.Y. App. Div. 1971), afSd 334...
Journal Article
J Health Polit Policy Law (2021) 46 (3): 487–504.
Published: 01 June 2021
... : 645 – 708 . Harvard Law Review . 2013 . “ Second Circuit Holds That Prohibiting Truthful Off-Label Promotion of FDA-Approved Drugs by Pharmaceutical Representatives Violates First Amendment— United States v. Caronia , 703 F.3d 149 (2d Cir. 2012) .” Harvard Law Review 127 , no. 2 : 795...
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