... 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...

... 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...

... 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...

...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...

...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...

...-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...

... 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...

... 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...

...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...

... they struggle with cost pressures, distinguish knowledge about how health systems work, and deal with changing images of what constitutes good public policy. These strategems are adapted, not adopted; however, the premises and practices with which other nations follow American directions differ deeply...

... been argued that the role which the institute plays in appraising cost effectiveness,especially of expensive new health technologies, constitutes explicit,national rationing. Although the employment of scientific and evidence-based criteria as the basis of decisions might have been expected to secure...

... 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...

.... In the end, of course, decisions about HIV testing will be taken by nation - states, with the recommendations of international organizations constituting but one element, however important, that will shape policy. Nevertheless, an examination of the history and the dynamics of the recent controversy...

... 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...

... that any such praise should be tempered by an understanding of just how far outside mainstream legal understandings the chief justice's opinion strayed when considering constitutional issues that were unnecessary to the decision of the case and, in one instance, not ripe for judicial review. Except in...

...Lynn M. Paltrow; Jeanne Flavin In November 2011, the citizens of Mississippi voted down Proposition 26, a “personhood” measure that sought to establish separate constitutional rights for fertilized eggs, embryos, and fetuses. This proposition raised the question of whether such measures could be...

... 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...