...Mark A. Hall National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision — both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits...

...William H. Dow; Dean M. Harris; Zhimei Liu In the mid-1990s, many states as well as the federal government began to regulate early postpartum hospital discharge. Length-of-stay patterns changed markedly in response, but effects were much greater in some states than others. In particular, laws...

... ironies of tax law and of the politics of making health and social policy. I write below about our goals, how we conducted research and wrote our articles, and what we learned. Then I tell a story about some influence our work has had. I conclude by describing work we left unfinished and urge others to...

...Peter D. Jacobson; Wendy E. Parmet Copyright © 2016 by Duke University Press 2016 This content is made freely available by the publisher. It may not be redistributed or altered. All rights reserved. This special issue of the Journal presents articles written by a group of public health law...

...Wendy E. Parmet AbstractThis 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...

...Peter D. Jacobson; Rachel Dahlen AbstractIn this article, we assess two particular trends in judicial doctrine that are likely to emerge in the post-ACA era. The first trend is the inevitable emergence of enterprise medical liability (EML) that will supplant tort law's unstable attempt to...

...Robert Gatter AbstractThis essay explores the viability of using the population health legal norm developed by Professor Wendy Parmet in her book Populations, Public Health, and the Law as a basis for theorizing health law. Based on the application of five criteria, the essay concludes that a...

... Ginsburg have argued that preemption laws that provide vaccine manufacturers with broad legal immunities create “a regulatory vacuum in which no one ensures that vaccine manufacturers adequately take account of scientific and technological advancements when designing or distributing their products.” In...

...Nancy S. Jecker Joan C. Callahan, ed. Reproduction, Ethics, and the Law: Feminist Perspectives. Bloomington: Indiana University Press, 1995. 427 pp. $39.95 cloth, $24.95 paper. Copyright © 1997 by Duke University Press 1997 248 Journal of Health Politics, Policy and Law the women knew the...

...Anne M. Dellinger Michael A. Grodin and Leonard H. Glantz, eds. Children as Research Subjects: Science, Ethics, and Law . New York: Oxford University Press, 1994. 258 pp. $39.95 cloth. Copyright © 1996 by Duke University Press 1996 References Banhoff , K. 1995 . Oral personal...

...Mark A. Hall © 2000 by Duke University Press 2000 Best, J. 1998 . Community Rating: New York's Empire Blues. Buffalo Law Review 46 : 467 -506. Buchmueller, Thomas, and John DiNardo. 1999 . Did Community Rating Induce an Adverse Selection Death Spiral? Evidence from New York, Pennsylvania...

... Reform Laws. University of Michigan Journal of Law Reform . Lee, A. James, Nancy T. McCall, Chuan Fen Liu, Rachael Freitasl,Bob Hart, Larry Kirsch, and Richard Goldstein. 1997 . An Investigation into the Effects of the New Hampshire Health Insurance Reform Law . A report prepared for the New...

...Thomas L. Greaney Clark C. Havighurst, Health Care Law and Policy: Readings, Notes and Questions (Westbury, NY: Foundation Press, 1988), 1299 pp. Copyright © 1989 by Duke University Press 1989 References Annas , G. , S. Law, R. Rosenblatt, and K. Wing. Forthcoming. American Health Law...

...Wendy K. Mariner Lawrence O. Gostin. Public Health Law: Power, Duty,Restraint. Berkeley: University of California Press, 2001. 491 pp.$65.00 cloth; $29.95 paper. © 2003 by Duke University Press 2003 Books Review Essay Public Health and Law: Past...

...Mark A. Hall E. Haavi Morreim. Holding Health Care Accountable: Law and the New Medical Marketplace . New York: Oxford University Press, 2001. 320 pp.$49.95 cloth. © 2003 by Duke University Press 2003 Agrawal, Gail B., and Mark A. Hall. In press. What If YouCould Sue Your HMO? Managed Care...

...Uri Aviram; Robert A. Weyer In this article, we discuss changing trends of mental health legislation in the United States using a case study of the process of reforming the civil commitment law in New Jersey. That state’s new commitment law, commonly called the “screening law,” was enacted after a...

...Sherri A. Brown Obijiofor Aginam. Global Health Governance: International Law and Public Health in a Divided World. Toronto: University of Toronto Press, 2005. 240 pp. $60.00 cloth. Duke University Press 2007 Books Obijiofor Aginam. Global Health Governance: International Law and Public...

...Benjamin Mason Meier; James G. Hodge, Jr.; Kristine M. Gebbie The Turning Point Model State Public Health Act (Turning Point Act), published in September 2003, provides a comprehensive template for states seeking public health law modernization. This case study examines the political and policy...

...Mark A. Peterson © 2003 by Duke University Press 2003 Medical Benefits . 1994 . Volume 11 (2). 30 January. ———. 1994 . Volume 11 (4). 28 February. Pauly, Mark, and Sean Nicholson. 1999 . Adverse Consequences of Adverse Selection. Journal of Health Politics,Policy and Law 24 (5): 921...

...Paul A. Lombardo Rael Jean Isaac and Virginia C. Armat. Madness in the Streets: How Psychiatry and the Law Abandoned the Mentally III . New York: Free Press, 1990. 436 pp. $24.95 cloth. Copyright © 1992 by Duke University Press 1992 Reviews 967 sees liberty and ethical behavior best...