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Journal Article
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 225–241.
Published: 01 April 2013
... 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
Journal of Health Politics, Policy and Law (1 August 1988) 13 (4): 705–721.
Published: 01 August 1988
... 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 , C...
Journal Article
Journal of Health Politics, Policy and Law (1 August 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...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2015) 40 (3): 575–576.
Published: 01 June 2015
... 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 of...
Journal Article
Journal of Health Politics, Policy and Law (1 August 1985) 9 (4): 735–736.
Published: 01 August 1985
... independent guidance and control. See Lindhal v. Ofice of Personnel Management, 7 18 E2d 391, 393 (Fed. Cir. 1983) (en banc) cert. granted,-U.S 104 S.Ct. 3533 (1984). 1 1. Limited judicial review of agency policy had been available in Civil Service Disability Retire- ment cases in most circuits...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1981) 6 (2): 315–320.
Published: 01 April 1981
... protected. 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...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1986) 11 (2): 195–197.
Published: 01 April 1986
... case. 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...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1999) 24 (1): 59–90.
Published: 01 February 1999
... Program: 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...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2015) 40 (3): 577–588.
Published: 01 June 2015
... 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 by a State,” that provision...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2015) 40 (3): 627–629.
Published: 01 June 2015
... cloth; $27.95 paper. How Human Rights Can Build Haiti: Activists, Lawyers, and the Grassroots Campaign . Fran Quigley. Nashville, TN: Vanderbilt University Press, 2014. 240 pp. $35.00 cloth. Speculative Markets: Drug Circuits and Derivative Life in Nigeria . Kristin Peterson. Durham, NC: Duke University...
Journal Article
Journal of Health Politics, Policy and Law (1 October 2008) 33 (5): 975–978.
Published: 01 October 2008
... consideration. Transparent disclosure practices, for example, range from circuitous explanations by PBMs of cash flows (including spreads and rebates) that are taken as revenue, to disclosures of transaction fees (either a per-employee-per-month charge, a per-member-per-month charge that reflects...
Journal Article
Journal of Health Politics, Policy and Law (1 June 1984) 9 (3): 527–529.
Published: 01 June 1984
... that forced trade-offs between the services. An examination of provider and patient responses to the budget limits revealed various methods of institutional adaptation. Physicians rationalized, exploited clinical freedom, and utilized several mechanisms to “short-circuit” delays in patient...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2015) 40 (3): 589–597.
Published: 01 June 2015
... 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 Court has...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2001) 26 (4): 767–788.
Published: 01 August 2001
... Carle had provided negli- gent treatment and awarded Herdrich $35,000 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...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2006) 31 (3): 587–607.
Published: 01 June 2006
... federalism considerations or pressured to leave politically influential professionals alone.30 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...
Journal Article
Journal of Health Politics, Policy and Law (1 October 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
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 243–253.
Published: 01 April 2013
... 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 None upheld the tax power justification, and none struck down the Medicaid...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1977) 2 (1): 153–157.
Published: 01 February 1977
... Records.” Washburn Law Journal 16:54-76, Fall, 1976. “Hospitals-a Current Analysis of the Right to Abortions and Sterilizations in the Fourth Circuit: State Action and the Church Amendment.” North Carolina Law Rrvirw 54: 1307-16, September 1976. 156 Journal of Health Politics...
Journal Article
Journal of Health Politics, Policy and Law (1 April 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) as...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1985) 10 (1): 7–32.
Published: 01 February 1985
... both educational admissions and selection for heart transplantations, the case may be particularly applicable 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...