...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 and...

...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...

...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...

...: 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. 1949...

... 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...

...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 , 2017 . 448 pp...

... 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 the...

... -1004. 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...

...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...

...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...

...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...

... 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: Is there...

... 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 of...

.... 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 by...

...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 are...

... 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 and...

...Martin A. Levin R. Shep Melnick, Regulation and the Courts (Washington D.C.: The Brookings Institution, 1983), 221 pp., $29.95 hardcover $11.95 paperback Copyright © 1985 by Duke University Press 1985 414 Journal of Health Politics, Policy and Law the prior work has been descriptive or...

...Deborah A. Stone Peter Schuck, Agent Orange on Trial: Mass Toxic Disasters in the Courts (Cambridge, MA: Harvard University Press, 1986), 347 pp., $25.00 Copyright © 1987 by Duke University Press 1987 Book Reviews 371 Peter Schuck, Agent Orange on Trial: Mass Toxic Disasters in the Courts...

...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...