...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...

... administrative procedures, including notice and comment, immediate review in the courts, and White House oversight. This article explores two questions. First, is the state-by-state approach a lawful exercise of HHS's authority? Second, did HHS in fact evade the procedural obligations that are meant to shape the...

... health law scholars who belong to the George Consortium, which is dedicated to strengthening the capacity of academics, practitioners, and advocates working to advance public health through law. The group's operating premise is that law is fundamental to the origin, understanding, and delivery of public...

...Peter D. Jacobson; Rachel Dahlen Abstract In 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 Abstract This 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...

... the 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...

...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...

... the central problems. Copyright © 1984 by the Department of Health Administration, Duke University 1984 Immigrant Workers: Health, Law, and Public Policy Sally Guttmucher, Rutgers University Abstract. Immigrant workers are a large segment of the lower echelon of the U. S...

...Ronald C. Lippincott Vanderbilt Law Review , Volume 34, No. 4, May 1981, “A Special Symposium: Market-Oriented Approaches to Achieving Health Policy Goals” Copyright © 1984 by the Department of Health Administration, Duke University 1984 532 Journal of Health Politics, Policy and Law...

... This article reports on a conference held at Duke University in October 1985. It presents an introductory discussion of the growth and complexity of health law literature and includes an extensive bibliography of health law information sources and descriptive summaries of health law databases...

...Elizabeth Adams Copyright © 1986 by Duke University Press 1986 138 Journal of Health Politics, Policy and Law (Information Access Corporation). These systems are not designed specifically for health law materials, but they can be used to access health law topics. The current status...

...Martin P. J. Kratz Copyright © 1986 by Duke University Press 1986 Resources for Health Law Research 145 and Administration, both from the National Library of Medicine; Drug Information Full Text and International Pharmaceutical Abstracts, from the American...

...Richard A. Danner; Claire M. Germain Copyright © 1986 by Duke University Press 1986 146 Journal of Healtb Politics, Policy and Law Notes 1. For a complete description of this endeavor, see M. Kmtz, “Introducing Computing Resources to a Faculty of Law,” 42 Computers ond Law 8...

..., Congress, through the Cigarette Labeling and Advertising Act and Smokeless Tobacco Education Act, has not preempted or removed the power of states to ban sampling. Copyright © 1986 by Duke University Press 1986 Tobacco Sampling, Public Policy and the Law Donald W. Garner, Southern Illinois...

... . Tuberculosis Control Laws in the United States: A Survey and Recommendations. Draft unpublished report. Atlanta, GA: Centers for Disease Control. Centers for Disease Control (Centers for Disease Control, Public Health Service, U.S. Department of Health and Human Services). 1992i . Tuberculosis Program...

...Chris Hafner-Eaton; Laurie K. Pearce To many Americans, the idea of home birth, the use of a “direct-entry midwife,” or both seem archaic. Although much of the professional medical community disapproves of either, state laws regarding birth choices vary dramatically and are not necessarily based on...

...Peter D. Jacobson; Jeffrey Wasserman; Anda Botoseneanu; Amy Silverstein; Helen W. Wu We report the results of a study designed to assess and evaluate how the law shapes the public health system's preparedness activities. Based on 144 qualitative interviews conducted in nine states, we used a model...

... having health insurance is associated with an increase in the likelihood of receiving family planning services. Our results also suggest that many young women who would otherwise lack health insurance after aging out of foster care will be eligible for Medicaid under the health care reform law. Because...