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global constitutionalism
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Journal Article
J Health Polit Policy Law (2016) 41 (5): 969–995.
Published: 01 October 2016
... in the health field remains largely descriptive. We theorize the implications of ISDS mechanisms for health policy by integrating the concept of global constitutionalism with veto point theory. It is argued that attempts to constitutionalize investment law, through a proliferation of International Investment...
Journal Article
J Health Polit Policy Law (2016) 41 (5): 869–871.
Published: 01 October 2016
..., and sometimes well-intended efforts can backfire. Benjamin Hawkins and Chris Holden's article, “A Corporate Veto on Health Policy? Global Constitutionalism and Investor–State Dispute Settlement,” makes this argument by showing how attempts to “constitutionalize” investment law through a proliferation...
Journal Article
Challenging Custom: Rethinking National Population Surveillance Policy in a Global Public Health Age
J Health Polit Policy Law (2010) 35 (6): 1027–1055.
Published: 01 December 2010
... Institute for National and Global Health
Law’s blog, Legal Issues in Health Reform (oneillhealthreform.wordpress.com), for entries on
the constitutionality of health reform.
Katz and Rosenbaum ■ Challenging Custom 1031
offer a powerful impetus for reevaluating the legal...
Journal Article
J Health Polit Policy Law (2002) 27 (2): 213–240.
Published: 01 April 2002
... ed. Toronto: Carswell. Horowitz, Donald. 1977 . The Courts and Social Policy . Washington, DC: Brookings Institution. Kelly, James. 1999 . The Charter of Rights and Freedoms and the Rebalancing of Liberal Constitutionalism in Canada, 1982–1997. Osgoode Hall Law Journal 37 : 625 -695...
Journal Article
J Health Polit Policy Law (2016) 41 (3): 423–450.
Published: 01 June 2016
.... The enactment of the Patent Act fulfills the criteria for critical juncture. The redemocratization process opened a window of opportunity to reform the patent system, and the sequence of presidents willing to integrate the country into the global economy and their institutional power to press...
Journal Article
J Health Polit Policy Law (2013) 38 (2): 215–223.
Published: 01 April 2013
... decision upholding the Patient Protection and Affordable
Care Act (PPACA), National Federation of Independent Business v. Sebe-
lius (132 S. Ct. 2566 [2012 As you know, the Court upheld the act’s
constitutionality (five to four based on Congress’s taxing authority), but
held (seven to two...
Journal Article
J Health Polit Policy Law (2014) 39 (1): 97–137.
Published: 01 February 2014
... constitutionality and the outcome of the November 2012 elections. In the first year of operation, only seventeen states and the District of Columbia chose to design and implement their own exchanges; another six partnered with the federal government, and twenty-seven states ceded control to Washington. Out...
FIGURES
Journal Article
J Health Polit Policy Law (2020) 45 (4): 485–499.
Published: 01 August 2020
... (135 S. Ct. 2480 [2015]). In both cases, the plaintiffs did not directly attack the constitutionality of the ACA or one of its provisions but, rather, challenged the scope of a regulation adopted to implement the ACA. Both cases were brought by private parties rather than state attorneys general...
Journal Article
J Health Polit Policy Law (2002) 27 (2): 339–343.
Published: 01 April 2002
... of Community Vio-
lence. He is the author of Schools, Violence and Society (Praeger, 1996), Violence on
Campus (Aspen, 1998), and Teen Violence: A Global View (Greenwood, 2000) and
serves on the editorial board of the Journal of Allied Health. Hoffman is the recipient
of a certificate of special...
Journal Article
J Health Polit Policy Law (2012) 37 (6): 977–1000.
Published: 01 December 2012
... and the establishment of the European Centre for Disease Prevention and Control in particular: (1) the European Union itself has responsibility for public health; (2) agencies are a constitutionally permissible institutional arrangement in the EU; (3) EU legislation that inter alia protects public health is mandatory...
Journal Article
J Health Polit Policy Law (1989) 14 (3): 459–475.
Published: 01 June 1989
... is the American higher
civil service respected as an elite corps on the model of Britain, France, Sweden,
or Japan. Yet the tasks of government-from huge pension and public health in-
surance programs to global defense and macroeconomic planning-are immense
and difficult. Modem government calls for gifted...
Journal Article
J Health Polit Policy Law (2006) 31 (2): 375–384.
Published: 01 April 2006
... a ‘normal industry’ again.” He emphasizes that
“anti-tobacco advocates, the moral entrepreneurs necessary for a global
prohibition movement, have embarked on a campaign of denormalization
of the industry, showing how tobacco companies differ from responsible
companies, especially in continually...
Journal Article
J Health Polit Policy Law (1983) 8 (1): 120–143.
Published: 01 February 1983
..., economic development
National defense
Welfare of future generations
SOCIETY Welfare of global community
Bogen Quantitative Risk-Benefit Analysis 129
“legal and uninterrupted enjoyment” of life, limbs, body, health...
Journal Article
J Health Polit Policy Law (2006) 31 (2): 395–407.
Published: 01 April 2006
.... Farquharson, Karen. 2003 . Influencing Policy Transnationally: Pro- and Anti-Tobacco Global Advocacy Networks. Australian Journal of Public Administration 62 (4): 80 -92. Feldman, Eric, and Ronald Bayer, eds. 1999 . Blood Feuds: AIDS, Blood, and the Politics of Medical Disaster . New ed. New York...
Journal Article
J Health Polit Policy Law (2006) 31 (2): 385–394.
Published: 01 April 2006
... a ‘normal industry’ again.” He emphasizes that
“anti-tobacco advocates, the moral entrepreneurs necessary for a global
prohibition movement, have embarked on a campaign of denormalization
of the industry, showing how tobacco companies differ from responsible
companies, especially in continually...
Journal Article
J Health Polit Policy Law (2012) 37 (6): 1121–1132.
Published: 01 December 2012
... responsibility for public health;
(2) agencies are a constitutionally permissible institutional arrangement in
the EU; (3) EU legislation that inter alia protects public health is manda-
tory and justiciable; and (4) such EU legislation may not be undermined
by liberalizing internal market law” (981...
Journal Article
J Health Polit Policy Law (2009) 34 (4): 453–496.
Published: 01 August 2009
... national and
subnational governments with independent, constitutionally entrenched
bases of electoral and fiscal power, federal structures may channel inter-
regional differences in political economy and culture in ways that are
particularly likely to favor divergence in policy outputs...
Journal Article
J Health Polit Policy Law (2009) 34 (3): 381–399.
Published: 01 June 2009
.... New England Journal of Medicine 327 : 931 -936. Baker, M. G., and D. P. Fidler. 2006 . Global Public Health Surveillance under New International Health Regulations. Emerging Infectious Diseases 12 : 1058 -1165. Brancati, D. 2004 . Can Federalism Stabilize Iraq? Washington Quarterly...
Journal Article
J Health Polit Policy Law (2013) 38 (4): 735–755.
Published: 01 August 2013
... Health.” WTO , November 14 . www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm . Drahos Peter . 2008 . “Trust Me: Patent Offices in Developing Countries.” American Journal of Law and Medicine 34 , nos. 2–3 : 151 – 74 . Drahos Peter . 2010 . The Global...
Journal Article
J Health Polit Policy Law (1997) 22 (1): 185–224.
Published: 01 February 1997
... the fullest range for the exercise of their
freedom. Indeed, this project of neutralizing sources of power is ubiqui-
tous in liberal society and liberal constitutionalism: witness our discus-
sion of limited government and separation of powers. I assert that this
discourse of power and the political...
