... 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...

... 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 Washington and Lee...

...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...

...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...

... 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...

.... 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: Ashgate...

... 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...

...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...

...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...

... 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...

...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...

... 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...

... and cultural immobilism and attempts to lay bare the tensions at play in seizing (or not) opportunities for structural change. In particular, we attempt to delineate what constitutes real change in this policy arena (big reforms versus the accumulation of many small policy movements) and to understand...

... long enough by election results and the constitutional separation of powers to have its benefits take root. Copyright © 2018 by Duke University Press 2018 Affordable Care Act Medicare Medicare Catastrophic “Remember Catastrophic!” I heard versions of that cry numerous times after I became a Senate...

... care policy shows that, depending on their regional needs and particular contexts, many Native Americans are well-placed to benefit from recent Obama-era reforms. At the same time, the kinds of options made available by the ACA constitute a departure from the service-based (as opposed to insurance...

... institutional factors, principal among them formal governmental structure and the legacy of past policies. Institutional entrepreneurialism in the health sector played a constitutive role in the earlier evolution of national cord blood policy in the United States as compared to Canada. Copyright © 2016 by Duke...

... connection between the choice of form and the cost impact is highly variable and somewhat uncertain. PPS needs considerable improvement; so, unquestionably, does the current nonsystem of physician payment. An analysis of potential improvements in both arenas will constitute the bulk of this discussion. That...

...Jacob S. Hacker; Paul Pierson Abstract The 2017 GOP drive to “repeal and replace” the Affordable Care Act (ACA) arguably constituted the most ambitious effort to dismantle a social program in American history. Certainly it was the most ambitious to come so close to enactment, falling just three...

... 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...

...Lawrence D. Brown As the challenges of maintaining (or, in the US case, attaining) affordable universal coverage multiply, the debate about what constitutes “real” reform intensifies in Western health care systems. The reality of reform, however, lies in the eyes of myriad beholders who variously...