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Journal Article
J Health Polit Policy Law (1981) 5 (4): 696–719.
Published: 01 August 1981
... are documented, using testimony from a case in the tenth circuit, as well as comparisons with other reference groups: policemen, teachers, laborers, and VA career fields. The evidence suggests that there is a need for policy intervention. Prime areas for action are the comparability practices by governments...
Journal Article
J Health Polit Policy Law (1988) 13 (4): 705–721.
Published: 01 August 1988
... and judges to deal effectively with child witnesseswould be less costly and less controversial to implement than closed-circuit or videotaped testimony, new hearsay exceptions, and other more extensive proposals for change. Going to Court: The Experience of Child
Victims...
Journal Article
J Health Polit Policy Law (2013) 38 (2): 225–241.
Published: 01 April 2013
... — of no particular distinction did not shake that confidence that the act was constitutional. This disdain for the challengers' arguments was only confirmed when the act was upheld by two highly respected conservative court of appeals judges in two separate circuits. But after the hostile, even mocking questioning...
Journal Article
J Health Polit Policy Law (2021) 46 (3): 487–504.
Published: 01 June 2021
.... However, in 2012, a federal circuit court ruled in United States v. Caronia that truthful off-label promotion was protected under the First Amendment, threatening government enforcement in this area. Methods: The authors extracted cases from the WestLawNext database that mentioned Caronia from 2012...
FIGURES
Includes: Supplementary data
Journal Article
J Health Polit Policy Law (2015) 40 (3): 575–576.
Published: 01 June 2015
... by the Internal Revenue Service (IRS) of providing subsidies on the federal exchanges (in addition to state-run exchanges) is unlawful because it exceeds the authority Congress intended to give. Ruling the same day, July 22, 2014, the US Court of Appeals for the Fourth Circuit in King and the US Court...
Journal Article
J Health Polit Policy Law (1981) 6 (2): 315–320.
Published: 01 April 1981
....
The State promptly appealed Kane’s decision to the U.S. Court of
Appeals (10th Circuit).2 At the same time, it set about preparing a plan
addressing the conditions cited by the Court.
Ultimtely, the 10th Circuit stayed all parts of Kane’s order with the
exception of those parts relating...
Journal Article
J Health Polit Policy Law (2020) 45 (4): 485–499.
Published: 01 August 2020
... with religious and moral objections to the contraceptive mandate to refuse compliance. On appeal, the Ninth Circuit limited the scope of the district court's nationwide injunction to only the represented plaintiff states, while the Third Circuit upheld a nationwide injunction against the rules in all 50 states...
Journal Article
J Health Polit Policy Law (1999) 24 (1): 59–90.
Published: 01 February 1999
... are short-circuited for selected injuries that appear
on a table of vaccines, associated harms, and time periods. If the first
manifestation of a named injury occurs within the stated time period fol-
lowing vaccination (for example, the first seizure as a manifestation of a
seizure disorder), the injury...
Journal Article
J Health Polit Policy Law (1985) 9 (4): 735–736.
Published: 01 August 1985
... Service Disability Retire-
ment cases in most circuits until the Federal Circuit’s decision in Lindahl. See, e.g., Pitzak v.
Ofice of Personnel Management, 710 E2d 1476 (10th Cir. 1983); Turner v. Ofice of Personnel
Manugement, 707 E2d 1499 (D.C. Cir. 1983). Presently, the Federal...
Journal Article
Pegram v. Herdrich : On Peritonitis, Preemption, and the Elusive Goal of Managed Care Accountability
J Health Polit Policy Law (2001) 26 (4): 767–788.
Published: 01 August 2001
... in compensatory damages.
Seventh Circuit Court of Appeals
Herdrich appealed the dismissal of her ERISA fiduciary claim to the U.S.
Court of Appeals for the Seventh Circuit. In a two-to-one decision, the
appellate court reversed the district court’s...
Journal Article
J Health Polit Policy Law (2015) 40 (3): 577–588.
Published: 01 June 2015
... ancillary provisions circuitously define federal exchanges — which are actually established under section 1321 — as having been established under section 1311. Next, it claims that when section 1311(d)(1) says that “an Exchange shall be a governmental agency or nonprofit entity that is established...
Journal Article
J Health Polit Policy Law (1986) 11 (2): 195–197.
Published: 01 April 1986
.... The
federal government brought suit to obtain the baby’s medical records, but the
federal district and circuit courts decided in favor of New York State. The legal
case of Baby Jane Doe ended when the Department of Justice declined to appeal
the decision of the circuit court to the United States...
Journal Article
J Health Polit Policy Law (2015) 40 (3): 589–597.
Published: 01 June 2015
... (Levitt and Claxton 2014 ). In their view — a view endorsed by a panel of the D.C. Circuit (Halbig v. Burwell, 758 F.3d 390 (D.C. Cir. 2014)) — the ACA instead armed hostile state governments to thwart the ACA's effort to cover the uninsured. Their contention has assumed new urgency now that the Supreme...
Journal Article
J Health Polit Policy Law (2013) 38 (2): 255–266.
Published: 01 April 2013
... case in a somewhat unusual pos-
ture. First complexity: the Court granted certiorari to review decisions
of the Eleventh Circuit Court of Appeals in three connected cases. The
lower court had struck down the individual mandate in the 2010 Patient
Protection and Affordable Care Act (PPACA...
Journal Article
J Health Polit Policy Law (2017) 42 (5): 749–770.
Published: 01 October 2017
... to take hold in the United States any time soon. Only two of the DC Circuit Court's thirteen judges adhered to the original decision in Abigail Alliance , and the Canadian court's scrutiny under Quebec's Charter is much more aggressive than what one would expect under the US Constitution. As noted above...
Journal Article
J Health Polit Policy Law (2021) 46 (4): 611–625.
Published: 01 August 2021
..., was the lone dissenter from the halt to implementation issued by the US Court of Appeals for the 7th Circuit at the end of 2019). The Biden administration already has signaled its intention to revise the rule. This eventually may lead the court to drop its plans to move forward since unlike the Medicaid work...
Journal Article
J Health Polit Policy Law (1985) 10 (1): 7–32.
Published: 01 February 1985
... to the patient-selection context.
Despite the likelihood that other courts may follow the lead of the Second Circuit
Court of Appeals and hold that choosing those with maximum likelihood of suc-
cessful clinical outcome will not violate the requirements of 9504, patient selection
ostensibly based...
Journal Article
J Health Polit Policy Law (2006) 31 (3): 587–607.
Published: 01 June 2006
... In any event, in a private suit resolved in
1998, the Fifth Circuit court of appeals overruled its earlier decision in the
Texas State Board case and granted broad antitrust immunity to a Loui-
siana licensing board and its practitioner members engaged in regulating
accountants.31 It reached...
Journal Article
J Health Polit Policy Law (1983) 8 (2): 314–319.
Published: 01 April 1983
... the chair-
man of the HSA was not a disinterested party, the district court felt he should
not be considered an instrument of regulatory capture.
On appeal, the Sixth Circuit Court of Appeals declined to adjudicate the
merits of the case, remanding to the district court for further proceedings...
Journal Article
J Health Polit Policy Law (2013) 38 (2): 243–253.
Published: 01 April 2013
... judges striking down some or all of the stat-
ute. When the cases reached the appellate stage, there was a split as well,
with two circuit courts of appeals voting to uphold the ACA and one circuit
court of appeals voting to strike down the individual mandate — again on
commerce clause grounds.1...
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