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clause

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Journal Article
J Health Polit Policy Law (2013) 38 (4): 683–708.
Published: 01 August 2013
... beliefs—conscience clause exemptions. There is striking variation in how these exemptions are defined. This article investigates the sources and consequences of ambiguous versus precise statutory language in conscience clauses. We find that some forms of political and institutional fragmentation (party...
Journal Article
J Health Polit Policy Law (2013) 38 (2): 225–241.
Published: 01 April 2013
...Charles Fried At first, few constitutional experts took seriously the argument that the Patient Protection and Affordable Care Act exceeded Congress's power under the commerce clause. The highly political opinions of two federal district judges — carefully chosen by challenging plaintiffs...
Journal Article
J Health Polit Policy Law (2008) 33 (4): 761–798.
Published: 01 August 2008
...: Is there federal authority to preempt state law (the commerce clause and spending clause issues)? May jurisdiction be created in non - article 3 tribunals, and may claims be decided without trial by jury (the separation of powers and Seventh Amendment issues)? Would pilot programs that require some claims...
Journal Article
J Health Polit Policy Law (2008) 33 (4): 799–832.
Published: 01 August 2008
... their injury. The administrative system championed by Elliott and other proponents is a radical departure from the current civil justice system. Specifically, we argue that the administrative health courts, as proposed, violate the commerce clause, the spending clause, the Seventh Amendment, and separation...
Journal Article
J Health Polit Policy Law (1978) 3 (2): 181–195.
Published: 01 April 1978
...John F. Cannizzaro; Madelon M. Rosenfeld After presenting a historical background, this paper examines several legal facets of the Laetrile controversy: the “new drug” designation and grandfather clause exemption; the notion of harm and its relationship to freedom of choice; the “informed consent...
Journal Article
J Health Polit Policy Law (1980) 5 (1): 81–97.
Published: 01 February 1980
... issues: interpretation of the Fifth and Fourteenth Amendments to the Constitution, freedom of contract, police power of the states, and the interstate commerce clause. Review of previous Court decisions suggests that the justices were on less than solid legal ground in reaching their decision...
Journal Article
J Health Polit Policy Law (2017) 42 (4): 607–644.
Published: 01 August 2017
... to all new tobacco products, based on a public health standard, before they can be legally marketed. Yet the law also contains an alternative pathway for market entry—the substantial equivalence (SE) clause—by which novel and altered tobacco products can be marketed by demonstrating their substantial...
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Journal Article
J Health Polit Policy Law (1999) 24 (5): 1061–1070.
Published: 01 October 1999
...: Explicit Gag Clauses Not Found in HMO Contracts, But Physician Concerns Remain. Pub. no. GAO/HEHS 97-175. Washington, DC: U.S. GAO. Woolhandler , S. , and D. U. Himmelstein. 1995 . Extreme Risk: The New Corporate Proposition for Physicians. New England Journal of Medicine 333 ( 25 ): 1706 -1708...
Journal Article
J Health Polit Policy Law (1988) 13 (3): 453–468.
Published: 01 June 1988
.... U.S. Bureau of Labor Statistics. 1956 . Collective Bargaining Clauses: Labor-Management Safety, Production, and Industry Stabilization Committees. Bulletin 1201. Washington, DC: U.S. Government Printing Office. U.S. Bureau of Labor Statistics. 1971-1981 . Characteristics of Major Collective...
Journal Article
J Health Polit Policy Law (2007) 32 (5): 819–842.
Published: 01 October 2007
... . The Design of the Community Tracking Study: A Longitudinal Study of Health System Change and Its Effects on People. Inquiry 33 : 195 -206. Kertesz, L. 1997 . Yes, Virginia, There Is No Gag Clause. Modern Healthcare , October 6 , 8 . Liang, B. A. 1998 . The Practical Utility of Gag Clause...
Journal Article
J Health Polit Policy Law (2013) 38 (2): 255–266.
Published: 01 April 2013
...) as beyond Congress’s pow- ers under the commerce clause, and as not qualifying as a tax that might sustain it under Congress’s power to tax and spend for the general wel- fare. The Eleventh Circuit, however, upheld the statute against a claim that its provisions for the expansion of Medicaid were...
Journal Article
J Health Polit Policy Law (2003) 28 (5): 883–926.
Published: 01 October 2003
.... The nondiscrimination clause indirectly raises the effec- tive minimum wage for firms that offer a self-insured health insurance pol- icy. Economic theory regarding mandated benefits predicts that, to the extent that workers value health insurance, they will be willing to accept lower wages in exchange for the benefit...
Journal Article
J Health Polit Policy Law (2013) 38 (2): 273–282.
Published: 01 April 2013
... with bad cases. From a less partisan perspective, “bad cases” may create “bad law” for the reasons that Justice Holmes and other judges have suggested. Disagreeing with the Court’s majority on the direction of constitutional jurisprudence on the commerce clause, Holmes suggested that great...
Journal Article
J Health Polit Policy Law (1999) 24 (6): 1275–1304.
Published: 01 December 1999
... Care: Explicit Gag Clauses Not Found in HMO Contracts, but Physicians’ Concerns Remain. GAO/HEHS-97-175. Washington, DC: U.S. Government Printing Office. The Stages of Managed Care Regulation: Developing Better Rules Alice A. Noble and Troyen...
Journal Article
J Health Polit Policy Law (1995) 20 (4): 885–908.
Published: 01 August 1995
..., we also address a second task: to describe the contract clauses and approaches used by those who craft contracts in both systems. We note the potential for the two diverse contracting cultures to learn from each other while pursuing their disparate contracting goals. Contracting and the NHS...
Journal Article
J Health Polit Policy Law (2013) 38 (2): 283–289.
Published: 01 April 2013
... sovereignty under the realities of modern concurrent governance, such as Congress’s conditional spending power and preemptive scope of federal statutes. If so, it would signal a welcome move away from the judicial fixation on the commerce clause and cog- nate doctrines such as extensions of the Tenth...
Journal Article
J Health Polit Policy Law (1989) 14 (2): 239–260.
Published: 01 April 1989
... care is in the public interest. It is also an example of our ideological and political commitment to link- ing health insurance to employment. This history is based on published primary sources and on interviews with some of the people who participated in writing the clauses of ERISA...
Journal Article
J Health Polit Policy Law (1979) 4 (3): 536–552.
Published: 01 June 1979
..., however, licensure laws usually include “grandfather” clauses which exempt those presently working and allow them to continue in the occupation even if they do not meet new standards. Since constraints apply only to new entrants in this case, wages will not begin to rise until workers start...
Journal Article
J Health Polit Policy Law (2019) 44 (2): 267–301.
Published: 01 April 2019
... for the revocation of any contract” (9 U.S.C. §2, 2012). At a time when courts largely refused to enforce arbitration clauses as they did other contracts—mainly, as a Senate report on the bill summarized, due to “the jealously of their rights as courts, coupled with the fear that if arbitration agreements were...
FIGURES
Journal Article
J Health Polit Policy Law (1987) 12 (4): 826–829.
Published: 01 August 1987
... acceptance of her policy. Its rad- ical nature would no doubt inspire public involvement. But it is not clear whether attacking the public’s “psychological fallacies” head-on will result in increased awareness or reactionary responses. Gervais relies on a conscience clause to satisfy those...