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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 (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...
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 (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 (2018) 43 (6): 1047–1053.
Published: 01 December 2018
...Sarah E. Gollust Copyright © 2018 by Duke University Press 2018 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...
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 (2016) 41 (4): 585–597.
Published: 01 August 2016
...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...
Journal Article
J Health Polit Policy Law (1980) 5 (3): 523–534.
Published: 01 June 1980
...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...
Journal Article
J Health Polit Policy Law (1985) 10 (2): 414–418.
Published: 01 April 1985
... 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...
Journal Article
J Health Polit Policy Law (1987) 12 (2): 371–375.
Published: 01 April 1987
...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...
Journal Article
J Health Polit Policy Law (2001) 26 (2): 291–326.
Published: 01 April 2001
...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...
Journal Article
J Health Polit Policy Law (2001) 26 (2): 327–368.
Published: 01 April 2001
...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...
Journal Article
J Health Polit Policy Law (2001) 26 (2): 387–408.
Published: 01 April 2001
...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...
Journal Article
J Health Polit Policy Law (2001) 26 (2): 409–428.
Published: 01 April 2001
...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...
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 (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 (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...