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Journal Article
J Health Polit Policy Law (2018) 43 (6): 1047–1053.
Published: 01 December 2018
...Sarah E. Gollust Anna Kirkland . Vaccine Court: The Law and Politics of Injury . New York : New York University Press , 2016 . 288 pp. $40.00 cloth. Meredith Wadman . The Vaccine Race: Science, Politics, and the Human Costs of Defeating Disease . New York : Viking...
Journal Article
J Health Polit Policy Law (2012) 37 (6): 977–1000.
Published: 01 December 2012
...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...
Journal Article
J Health Polit Policy Law (2013) 38 (4): 709–733.
Published: 01 August 2013
...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...
Journal Article
J Health Polit Policy Law (1988) 13 (4): 705–721.
Published: 01 August 1988
...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...
Journal Article
J Health Polit Policy Law (2001) 26 (2): 217–248.
Published: 01 April 2001
... 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...
Journal Article
J Health Polit Policy Law (1980) 5 (1): 81–97.
Published: 01 February 1980
... 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...
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Published: 01 August 2023
Figure 1 Geographical distribution of state supreme court abortion cases (2000–2021). (a) Abortion cases (b) Share of antiabortion decisions More
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Published: 01 August 2023
Figure 2 State court abortion cases by state legislature party control (2000–2021). More
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Published: 01 August 2023
Figure 3 Type of abortion regulation addressed in state court cases by state legislature party control (2000–2021). More
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Published: 01 August 2023
Figure 4 Proportion of antiabortion decisions by state supreme court median justice ideology. More
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 (2006) 31 (3): 497–510.
Published: 01 June 2006
.... Schlesinger, M., S. Mitchell, and B. Gray. 2004 . Public Expectations of Nonprofit and For-Profit Ownership in American Medicine: Clarifications and Implications. Health Affairs 23 : 181 -191. Why Don’t Courts Treat Hospitals Like Tanks for Liquefied Gases...
Journal Article
J Health Polit Policy Law (2020) 45 (5): 757–769.
Published: 01 October 2020
..., 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...
Journal Article
J Health Polit Policy Law (2016) 41 (6): 1061–1081.
Published: 01 December 2016
...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...
Journal Article
J Health Polit Policy Law (2002) 27 (3): 465–494.
Published: 01 June 2002
... 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...
Journal Article
J Health Polit Policy Law (1993) 18 (2): 439–476.
Published: 01 April 1993
...Rand E. Rosenblatt Because of budgetary and other political pressures. American health care reform (and other social reform) legislation is often not enforced, or is implemented in ways that undermine its egalitarian goals. About 25 years ago the federal courts began to try to reduce this gap...
Journal Article
J Health Polit Policy Law (1991) 16 (2): 251–279.
Published: 01 April 1991
.... Convinced that it was reasoning from legal principles, the Revenue Service accepted the hospital industry's view of the history and purpose of hospitals. The federal courts further obscured the problem. Moreover, the Revenue Service took no interest in the effects of its ruling on the services provided...
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 (2008) 33 (4): 799–832.
Published: 01 August 2008
... their injury. The administrative system championed by Elliott and other proponents is a radical departure from the current civil justice system. Specifically, we argue that the administrative health courts, as proposed, violate the commerce clause, the spending clause, the Seventh Amendment, and separation...
Journal Article
J Health Polit Policy Law (2005) 30 (5): 839–868.
Published: 01 October 2005
... 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...