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Journal Article
Journal of Health Politics, Policy and Law (1 August 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
Journal of Health Politics, Policy and Law (1 April 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 — of no...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2008) 33 (4): 761–798.
Published: 01 August 2008
... 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 to be...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2008) 33 (4): 799–832.
Published: 01 August 2008
... 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 of...
Journal Article
Journal of Health Politics, Policy and Law (1 April 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
Journal of Health Politics, Policy and Law (1 August 2017) 42 (4): 607–644.
Published: 01 August 2017
... 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...
Journal Article
Journal of Health Politics, Policy and Law (1 February 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
Journal of Health Politics, Policy and Law (1 October 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
Journal of Health Politics, Policy and Law (1 October 2007) 32 (5): 819–842.
Published: 01 October 2007
.... Felt, J. M. Grossman, L. T. Kohn, et al. 1996 . 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...
Journal Article
Journal of Health Politics, Policy and Law (1 June 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
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 255–266.
Published: 01 April 2013
... 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 an...
Journal Article
Journal of Health Politics, Policy and Law (1 April 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 and...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 283–289.
Published: 01 April 2013
... important for state 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...
Journal Article
Journal of Health Politics, Policy and Law (1 October 2003) 28 (5): 883–926.
Published: 01 October 2003
... goal, but another effect is possible. 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...
Journal Article
Journal of Health Politics, Policy and Law (1 December 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 A...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 267–272.
Published: 01 April 2013
... constitutional doctrine or of health care public policy? Such a question would require a book to address adequately. In this space I summarize only the health policy aspects of the Court’s Commerce Clause analy- sis. In brief, the Court upheld the Patient Protection and Affordable Care Act’s (PPACA’s...
Journal Article
Journal of Health Politics, Policy and Law (1 August 1987) 12 (4): 826–829.
Published: 01 August 1987
... assure wide 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...
Journal Article
Journal of Health Politics, Policy and Law (1 August 1995) 20 (4): 885–908.
Published: 01 August 1995
... we explore the manifestations of these dissimilarities. However, 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...
Journal Article
Journal of Health Politics, Policy and Law (1 April 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 that...
Journal Article
Journal of Health Politics, Policy and Law (1 June 1979) 4 (3): 536–552.
Published: 01 June 1979
..., those already employed will be forced either to meet these requirements or leave the occupation, and the adjustment process will be relatively rapid. In prac- tice, however, licensure laws usually include “grandfather” clauses which exempt those presently working and allow them to continue in...