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Journal Article
An (Un)clear Conscience Clause: The Causes and Consequences of Statutory Ambiguity in State Contraceptive Mandates
Available to Purchase
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...
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Journal Article
The June Surprises: Balls, Strikes, and the Fog of War
Available to Purchase
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
Administrative “Health Courts” For Medical Injury Claims: The Federal Constitutional Issues
Available to Purchase
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
Federal Administrative Health Courts Are Unconstitutional: A Reply to Elliott, Narayan, and Nasmith
Available to Purchase
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
Child Health in the Workplace: The Supreme Court in Hammer V. Dagenhart (1918)
Available to Purchase
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
Substantial Equivalence Standards in Tobacco Governance: Statutory Clarity and Regulatory Precedent for the FSPTCA
Available to Purchase
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...
FIGURES
Journal Article
Laetrile and the Fda: A Case of Reverse Regulation
Available to Purchase
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
Managed Care at the Millennium: Scenes from a Maul
Available to Purchase
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
Labor Union Involvement in Occupational Safety and Health, 1957–1987
Available to Purchase
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
The Impact of the Adoption of Gag Laws on Trust in the Patient-Physician Relationship
Available to Purchase
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
Legal, Imagined, and Real Worlds: Reflections on National Federation of Independent Business V. Sebelius
Available to Purchase
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
Mandating Insurance Offers for Low-Wage Workers: An Evaluation of Labor Market Effects
Available to Purchase
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
“Our Own Limited Role in Policing Those Boundaries”: Taking Small Steps on Health Care
Available to Purchase
J Health Polit Policy Law (2013) 38 (2): 273–282.
Published: 01 April 2013
... 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
pressing cases might lead to emotional and ill...
Journal Article
The Stages of Managed Care Regulation: Developing Better Rules
Available to Purchase
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
The British Health Care Reforms, the American Health Care Revolution, and Purchaser/Provider Contracts
Available to Purchase
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
“Our Federalism” Moves Indoors
Available to Purchase
J Health Polit Policy Law (2013) 38 (2): 283–289.
Published: 01 April 2013
...
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 and Eleventh Amendments,
which have...
Journal Article
Health Policy and Erisa: Interest Groups and Semipreemption
Available to Purchase
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 11853756.
Published: 03 April 2025
... a health system requires insurers that are contracting with a particular hospital in its system (the tying hospital) to also contract with another hospital in its system (the tied hospital), these restrictive contract terms may include: 1) anti-steering clauses - a requirement that an insurer avoid...
Journal Article
Why Is Regulation Introduced in the Health Sector? A Look at Occupational Licensure
Available to Purchase
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
Redefining Death
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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...
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