...Tamara Hervey What role(s) does the European Court of Justice (ECJ) play in the Europeanization of communicable disease control? Drawing on a review of the ECJ's case law, especially but not exclusively in public health fields, from the 1950s to 2009, this article argues that the ECJ's past...

...Carla Campbell; Edward J. Gracely; Curtis Cummings; Sarah Pan; Peter Palermo; George D. Gould The Philadelphia Lead Court (PLC) was created as an innovative law enforcement strategy to compel property owners to comply with city health codes to remediate their properties of lead hazards, which had...

... that employed children who either were under fourteen years of age or who were under sixteen years of age and worked more than eight hours a day. Despite its popular support, the Act was declared unconstitutional by the Supreme Court in Hammer v. Dagenhart (1918). The Court's decision involved several major...

... Revenge: Junk Science in the Courtroom . New York: Basic Books. ———. 1992 . Junk Science in the Courtroom. Valparaiso University Law Review 26 : 732 -755. Huber, P., and K. B. Foster, eds. 1997 . Judging Science: Scientific Knowledge and the Federal Courts . Cambridge: MIT Press. Huxley, J...

...Nancy M. P. King; Wanda M. Hunter; Desmond K. Runyan Concerned about the possible detrimental impact of the investigative process and court proceedings on child victims of sexual abuse, many child advocates have proposed extensive evidentiary and procedural revisions of the court process. As part...

... as any novel.) Whereas one characteristic of Kirkland's book is its relatively impersonal nature of storytelling, another recent book offers engrossing characterizations of a set of players who get relatively limited attention in Vaccine Court : scientists. While Vaccine Court describes how...

...Sherry I. Brandt-Rauf; Paul W. Brandt-Rauf Recent court decisions have stressed the necessity for cost-benefit analysis in evaluating Occupational and Safety Health Administration (OSHA) standards, thus raising difficult ethical questions which this paper analyzes using classical approaches...

...Sara Rosenbaum Abstract In Olmstead v. L.C. by Zimring , the United States Supreme Court addressed the relationship between the Americans with Disabilities Act (ADA), a landmark in US civil rights law, and the Medicaid program. Olmstead holds that qualified individuals with disabilities who...

...Peter D. Jacobson; Matthew L. Kanna This article provides an initial look at how managed care organizations(MCOs) might incorporate cost-effectiveness analysis (CEA) into their decision-making process and how the courts might respond. Because so few medical liability cases directly involve CEA, we...

...Arnold J. Rosoff This article examines how courts are likely to apply evidence-based medicine, and particularly clinical practice guidelines (CPGs), in healthcare litigation involving quality-of-care and entitlement-to-benefits (coverage)claims. Exploring the “politics” of the current situation...

...David M. Eddy JHPPL 26.2-10 Eddy 3/22/01 12:17 PM Page 387 Commentary The Use of Evidence and Cost Effectiveness by the Courts: How Can It Help Improve Health Care...

...E. Haavi Morreim JHPPL 26.2-11 Morreim 3/22/01 12:18 PM Page 409 Commentary From the Clinics to the Courts: The Role Evidence Should Play in Litigating...

...Deborah A. Stone Book Reviews 371 Peter Schuck, Agent Orange on Trial: Mass Toxic Disasters in the Courts (Cam- bridge, MA: Harvard University Press, 1986), 347 p25.00 Agent Orange is the military code name for a chemical defoliant sprayed...

...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...

..., and growing support that blocked Congress from repealing. The politics of the ACA looked, from one angle, like a louder version of health politics as usual. But something new was stirring. Opponents pushed the debate outside the elected branches of government and into the courts—a move that reflects past eras...

... formation? Only he knows for sure. The book pro- vides conflicting answers to that question. Brown University Roger Cobb R. Shep Melnick, Regulation and the Courts (Washington, D.C.: The Brookings Institution, 1983), $29.95 hardcover, $11.95 paperback In 1964...

... review on health care policy and the institutional capacity of courts to formulate policy in this field. The significant impact of rights-based claims on cross-jurisdictional policy differences in a federal regime is noted. © 2002 by Duke University Press 2002 Anderson, G. F. 1992 . The Courts...

...Wendy E. Parmet Abstract This essay argues that it matters for the fate of health policies challenged in court whether courts consider health merely as a policy goal that must be subordinate to law, or as a legal norm warranting legal weight and consideration. Applying population-based legal...

... highlight both the promise and the pitfalls of relying on courts to correct deficiencies in public managed care programs. This article argues that while litigation over inadequacies in Medicare and Medicaid managed care can serve an important signaling function in alerting agencies and legislatures about...

... a patient's relationship with his or her managed care organization. Regulating private behavior introduces a distinctive policy process; it alters the way we introduce (or frame)political issues and shifts many important decisions from the legislatures to the courts. In this article, we illustrate...