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constitutional

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Journal Article
Journal of Health Politics, Policy and Law (1 August 1986) 10 (4): 729–747.
Published: 01 August 1986
...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...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 267–272.
Published: 01 April 2013
...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...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2008) 33 (4): 761–798.
Published: 01 August 2008
... injuries. Specifically, this article examines the federal constitutional issues raised by various proposals to replace traditional medical malpractice litigation in state courts with a federal system of administrative “health courts.” In doing so, we address the following constitutional issues: Is there...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2009) 34 (3): 381–399.
Published: 01 June 2009
... 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...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2011) 36 (3): 501–506.
Published: 01 June 2011
... 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...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1997) 22 (1): 185–224.
Published: 01 February 1997
... 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...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2001) 26 (4): 747–766.
Published: 01 August 2001
...-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...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 273–282.
Published: 01 April 2013
...Keith E. Whittington The Patient Protection and Affordable Care Act ignited a political firestorm and raised intriguing new questions of constitutional law. Cutting a path between the liberals and conservatives on the US Supreme Court, Chief Justice John Roberts made small adjustments in...
Journal Article
Journal of Health Politics, Policy and Law (1 October 2017) 42 (5): 749–770.
Published: 01 October 2017
...Mark A. Hall Abstract United States' courts have played a limited, yet key, role in shaping health equity in three areas of law: racial discrimination, disability discrimination, and constitutional rights. Executive and administrative action has been much more instrumental than judicial decisions...
Journal Article
Journal of Health Politics, Policy and Law (1 June 1997) 22 (3): 789–814.
Published: 01 June 1997
... 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 is...
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): 799–832.
Published: 01 August 2008
... powers principles. The commentary concludes that such a system is fatally flawed and cannot withstand constitutional scrutiny. Moreover, we are not persuaded that Congress will be able to ground such a radical constitutional restructuring in any sound public policy, as the majority of studies do not...
Journal Article
Journal of Health Politics, Policy and Law (1 December 2007) 32 (6): 1005–1041.
Published: 01 December 2007
... acknowledge care inside health care facilities and in conjunction with community services. It reveals that family caregivers — untrained, undersupported, and unseen — constitute a “shadow workforce,” acting as geriatric case managers, medical record keepers, paramedics, and patient advocates to fill dangerous...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2010) 35 (2): 177–202.
Published: 01 April 2010
... since the demise of all-payer systems constitute a significant barrier to successful health reform. © 2010 by Duke University Press 2010 I would like to thank Anthony Chen and Margaret Weir, whose paper presented at the 2007 meeting of the American Political Science Association and published in...
Journal Article
Journal of Health Politics, Policy and Law (1 June 1991) 16 (3): 573–588.
Published: 01 June 1991
...Miron Stano In this article, I examine Wennberg's “practice style” hypothesis and the literature on variations among small areas. According to Wennberg, geographic variations in rates of per capita use for many clinical procedures arise mainly from differences over what constitutes appropriate care...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2001) 26 (2): 249–266.
Published: 01 April 2001
... medicine must attempt to integrate the best available clinical evidence from systematic research with health professionals' expertise and patients' rights to be informed about diagnostic and therapeutic options available to them. Judging what constitutes sound evidence can be difficult because of, among...
Journal Article
Journal of Health Politics, Policy and Law (1 June 1992) 17 (3): 439–462.
Published: 01 June 1992
... of retirement, disability, unemployment, and payment for medical care. Social insurance constitutes a blend of tax-like and premium-like features, offering lessons that might assist in breaking the current impasse over universal health insurance financing. Copyright © 1992 by Duke University Press...
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 June 1981) 6 (3): 504–519.
Published: 01 June 1981
... rejected. 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...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1985) 10 (1): 33–80.
Published: 01 February 1985
...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...