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Journal Article
Journal of Health Politics, Policy and Law (1 August 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 are...
Journal Article
Journal of Health Politics, Policy and Law (1 October 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
Journal of Health Politics, Policy and Law (1 June 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
Journal of Health Politics, Policy and Law (1 April 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
Journal of Health Politics, Policy and Law (1 April 1985) 10 (2): 414–418.
Published: 01 April 1985
...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...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1987) 12 (2): 371–375.
Published: 01 April 1987
...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...
Journal Article
Journal of Health Politics, Policy and Law (1 April 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
Journal of Health Politics, Policy and Law (1 April 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, it...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2001) 26 (2): 387–408.
Published: 01 April 2001
... by the Courts: How Can It Help Improve Health Care? David M. Eddy Kaiser Permanente Southern California Although the relationship between health care and the courts has always...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2001) 26 (2): 409–428.
Published: 01 April 2001
... . Healthy Technology Assessment Information Service, Executive Briefings, February. Eddy, D. M. 1994 . Rationing Resources while Improving Quality: How to Get More for Less. Journal of the American Medical Association 272 : 817 -824. Ferguson, J. H., M. Dubinsky, and P. J. Kirsch. 1993 . Court...
Journal Article
Journal of Health Politics, Policy and Law (1 August 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: Is there...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2008) 33 (4): 799–832.
Published: 01 August 2008
... 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...
Journal Article
Journal of Health Politics, Policy and Law (1 October 2005) 30 (5): 839–868.
Published: 01 October 2005
... 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...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2006) 31 (3): 497–510.
Published: 01 June 2006
... -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...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2002) 27 (2): 213–240.
Published: 01 April 2002
... 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...
Journal Article
Journal of Health Politics, Policy and Law (1 June 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 of...
Journal Article
Journal of Health Politics, Policy and Law (1 April 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 by...
Journal Article
Journal of Health Politics, Policy and Law (1 August 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
Journal of Health Politics, Policy and Law (1 December 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
Journal of Health Politics, Policy and Law (1 December 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 and...