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Journal Article
The Real Constitutional Problem with the Affordable Care Act
Available to Purchase
J Health Polit Policy Law (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
Health Care Law versus Constitutional Law
Available to Purchase
J Health Polit Policy Law (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
The AIDS Epidemic and Gay Bathhouses: A Constitutional Analysis
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J Health Polit Policy Law (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
Administrative “Health Courts” For Medical Injury Claims: The Federal Constitutional Issues
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J Health Polit Policy Law (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...
View articletitled, Administrative “Health Courts” For Medical Injury Claims: The Federal <span class="search-highlight">Constitutional</span> Issues
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Journal Article
Establishing Public Health Security in a Postwar Iraq: Constitutional Obstacles and Lessons for Other Federalizing States
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J Health Polit Policy Law (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...
View articletitled, Establishing Public Health Security in a Postwar Iraq: <span class="search-highlight">Constitutional</span> Obstacles and Lessons for Other Federalizing States
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Journal Article
The Impact of South Africa's New Constitution on the Organization of Health Services in the Post-Apartheid Era
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J Health Polit Policy Law (2001) 26 (4): 747–766.
Published: 01 August 2001
... national health system within a decentralized political system. JHPPL 26.4-07 Era 7/20/01 3:42 PM Page 747
The Impact of South Africa’s New
Constitution on the Organization of
Health Services in the Post-Apartheid Era...
View articletitled, The Impact of South Africa's New <span class="search-highlight">Constitution</span> on the Organization of Health Services in the Post-Apartheid Era
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for article titled, The Impact of South Africa's New <span class="search-highlight">Constitution</span> on the Organization of Health Services in the Post-Apartheid Era
Journal Article
The Normative Constitution of Professional Power
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J Health Polit Policy Law (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
“Our Own Limited Role in Policing Those Boundaries”: Taking Small Steps on Health Care
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J Health Polit Policy Law (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...
Journal Article
The Role of Courts in Shaping Health Equity
Open Access
J Health Polit Policy Law (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
The June Surprises: Balls, Strikes, and the Fog of War
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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
Federal Administrative Health Courts Are Unconstitutional: A Reply to Elliott, Narayan, and Nasmith
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J Health Polit Policy Law (2008) 33 (4): 799–832.
Published: 01 August 2008
... of 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...
Journal Article
Laboratories and the Health Care Marketplace: The Limits of State Workforce Policy
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J Health Polit Policy Law (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...
Journal Article
State Courts, State Legislatures, and Setting Abortion Policy
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J Health Polit Policy Law (2023) 48 (4): 569–592.
Published: 01 August 2023
...Jeong Hyun Kim; Anna Gunderson; Elizabeth A. Lane; Nichole M. Bauer Abstract On June 24, 2022, the US Supreme Court decided in Dobbs vs. Jackson Women's Health Organization (597 U.S. (2022)) to overturn the constitutional right to abortion, a seismic shift in abortion policy that makes the states...
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Journal Article
Child Health in the Workplace: The Supreme Court in Hammer V. Dagenhart (1918)
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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
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
... 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 its...
Journal Article
The Dog That Almost Barked: What the ACA Repeal Fight Says about the Resilience of the American Welfare State
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J Health Polit Policy Law (2018) 43 (4): 551–577.
Published: 01 August 2018
...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...
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Journal Article
Reversing Course on Obamacare: Why Not Another Medicare Catastrophic?
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J Health Polit Policy Law (2018) 43 (4): 605–650.
Published: 01 August 2018
... long enough by election results and the constitutional separation of powers to have its benefits take root. Table 1 CQ Party Unity Percentages: Medicare Catastrophic Coverage Act (MCCA) Period and Affordable Care Act (ACA) Period Chamber Congress overall House Senate 1988 (MCCA...
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Journal Article
Proof and Policy from Medical Research Evidence
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J Health Polit Policy Law (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
Financing Universal Health Insurance: Taxes, Premiums, and the Lessons of Social Insurance
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J Health Polit Policy Law (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 1992...
Journal Article
J Health Polit Policy Law (2021) 46 (1): 23–47.
Published: 01 February 2021
... 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...
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