... power. In this language and practice power is a force exercised by one actor to enforce its will against another actor against whom power is exerted. I contend that this language inculcates an individual and social passivity in which citizens rely upon various types of representatives to constitute...

...-Ordinating Unit. Department of Health, Republic of South Africa. 1998 . Annual Report . Pretoria: Department of Health. ———. 1999 . Health Sector Strategic Framework, 1999-2004 . Pretoria: Department of Health. Gloppen, S. 1997 . South Africa: The Battle over the Constitution . Brookfield, VT...

... assumed, but also as to the scope or scale of that obligation” (Engdahl 1994: 78). See also Butler, 297 U.S. at 83: “the Constitution requires that public funds shall be spent for a defined purpose.” Elliott, Narayan, and Nasmith  ■  Constitutionality of “Health Courts”  777   on accepting...

... systems of governance. On the question of governance, the allocation of powers in the new constitution of Iraq is critical. Given the ease with which public health threats cross borders, the constitution needs to grant to the federal government the legal authority to manage such threats and simultaneously...

...Judith A. Rabin Some legal scholars propose that the right of privacy articulated by the United States Supreme Court should be extended to protect homosexual activity. In light of the advent of AIDS, should that extension include constitutional protection for homosexual men who frequent gay...

... Priorities . Jost T. S. 1999 . Governing Medicare . Administrative Law Review 51 : 39 – 116 . The Real Constitutional Problem with the Affordable Care Act Timothy Stoltzfus Jost...

...Mark A. Hall National Federation of Independent Business v. Sebelius , the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision — both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits...

... circumstances.”4 The exceptional should not become the rule. The PPACA and the Court The Patient Protection and Affordable Care Act (PPACA) and the deci- sions by the US Supreme Court on its constitutionality raise some of these same concerns.5 On the one hand, the US Constitution as it has been inter...

....” As constitutional lawyers put it, our Bill of Rights is a charter of negative, not positive, liberties, meaning that the government constitutionally owes us nothing as long as it leaves us alone ( DeShaney v. Winnebago County Department of Social Services , 489 U.S. 189 [1989]). Wideman v. Shallowford Community...

... “that the presumption of constitutionality ‘which attaches to congres- sional enactments is not as strong where the court is called upon to police the constitutional boundary between the Tenth Amendment (which reserves to the States all powers not delegated to the United States by the Constitution...

... and fewer to become specialists. In this article, I consider various issues raised by these trends. Do the various state programs constitute an effective policy laboratory? Is the market solving problems government could not? Are the government initiatives now irrelevant? I conclude that the market...

...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...

... 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...

.... The first is unacceptable in the Western world. The second is fraught with constitutional and ethical problems, and may not lead to more kidney procurement. Copyright © 1981 by the Dept. of Health Administration, Duke University 1981 Kidneys for Transplantation Robert L. Steinbrook, University...

... as it is institutionalized in the EU political system. Using a mixture of historical policy and legal analysis, the authors show how the evolution of the institutional space called public health in the EU has been shaped by the EU's distinctive constitutional nature, its focus on regulation, and the legacy of its focus...

.... The most recent period (2010–2015) saw a new constitution and devolution of health services cause a fractured medical community to strike as a form of symbolic resistance in its quest for legitimacy. In this way, strike behavior is positioned as a form of legitimation among doctors competing over...

... on abortion politics, policy, and law. The need for such a robust literature is especially acute following the US Supreme Court's June 2022 overturning of the constitutional right to abortion. [email protected] [email protected] Copyright © 2023 by Duke University Press 2023...

...Troyen A. Brennan; Robert F. Carter How to evaluate and apply probabilistic scientific evidence that cancer (or other diseases) have been caused by chemical substances (or other environmental agents) constitutes a critical problem which must be addressed by legal institutions. This article analyzes...

...Stephen H. Linder There is a notable lack of scientific consensus on whether electric and magnetic fields (EMF) constitute a health risk in need of systematic control. Even those who see EMF as a public problem, share few assumptions about the type of problem it represents, whether serious risks...

..., balanced presentation of evidence. Reviewing the full spectrum of literature from the United States and abroad, we present a Constitutional medical-legal analysis of whether home birth with direct-entry midwives is in fact a safe alternative to physician-attended hospital births, and whether...