1-20 of 1275 Search Results for

constitutional

Follow your search
Access your saved searches in your account

Would you like to receive an alert when new items match your search?
Close Modal
Sort by
Journal Article
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...
Journal Article
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...
Journal Article
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
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
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
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
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...
Journal Article
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
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
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
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
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
J Health Polit Policy Law (2009) 34 (3): 301–323.
Published: 01 June 2009
.... 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 and its...
Journal Article
J Health Polit Policy Law (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...
Journal Article
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
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...
FIGURES
Journal Article
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. 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...
FIGURES
Journal Article
J Health Polit Policy Law (2005) 30 (1-2): 97–120.
Published: 01 April 2005
... 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...
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...
Journal Article
J Health Polit Policy Law (2021) 46 (4): 653–676.
Published: 01 August 2021
.... 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...