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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. Copyright © 1988 by Duke University Press 1988 References Adams-Tucker...
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 (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...
Includes: Supplementary data
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 (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
... at the court of claims level and a loss at the federal circuit in a 2–1 decision (Moda Health Plan v. United States, 892 F.3d 1311 [Fed. Cir. 2018]). The Supreme Court agreed to review this decision, and a ruling is expected in 2020. The Supreme Court's decision could have significant implications that extend...
Journal Article
J Health Polit Policy Law (1999) 24 (1): 59–90.
Published: 01 February 1999
...: Is This the Best We Can Do for Our Children? George Washington Law Review 63 ( 1 ): 144 -173. Sun , M. 1985 . The Vexing Problem of Vaccine Compensation. Science 227 ( 46 ): 1012 -1014. Tandy , M. K. 1995 . Federal Circuit Review of Vaccine Compensation Cases under the National Childhood...
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
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
... maintained that “separate but equal” facilities constituted compliance. That position was successfully challenged in Simkins v. Cone (323 F.2d 959 [1963]), where the Fourth Circuit ruled that the government's separate-but-equal position was unconstitutional. When the Supreme Court declined to hear the case...
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...