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Journal Article

Litigation and Public Health Policy Making: The Case of Tobacco Control

Peter D. Jacobson, Kenneth E. Warner
J Health Polit Policy Law (1999) 24 (4): 769–804.
DOI: https://doi.org/10.1215/03616878-24-4-769
Published: 01 August 1999
...Peter D. Jacobson; Kenneth E. Warner Many tobacco control advocates, believing that legislators and regulators have failed to enact and implement sufficiently stringent tobacco control laws, have supported litigation as a means of achieving public health policy goals. In this article, we examine...
View articletitled, <span class="search-highlight">Litigation</span> and <span class="search-highlight">Public</span> <span class="search-highlight">Health</span> Policy Making: The Case of Tobacco Control View PDF for article titled, <span class="search-highlight">Litigation</span> and <span class="search-highlight">Public</span> <span class="search-highlight">Health</span> Policy Making: The Case of Tobacco Control
Journal Article

Litigation Provides Clues to Ongoing Challenges in Implementing Insurance Parity

Kelsey N. Berry, Haiden A. Huskamp, Howard H. Goldman, Lainie Rutkow, Colleen L. Barry
J Health Polit Policy Law (2017) 42 (6): 1065–1098.
DOI: https://doi.org/10.1215/03616878-4193630
Published: 01 December 2017
.../SUD services in the private health insurance market and through certain public insurance programs. However, in the intervening years, litigation has been brought by numerous parties alleging violations of insurance parity. We examine the critical issues underlying these legal challenges as a framework...
View articletitled, <span class="search-highlight">Litigation</span> Provides Clues to Ongoing Challenges in Implementing Insurance Parity View PDF for article titled, <span class="search-highlight">Litigation</span> Provides Clues to Ongoing Challenges in Implementing Insurance Parity
Journal Article

Unfinished Business: How Litigation Relates to Health Care Regulation

William M. Sage
J Health Polit Policy Law (2003) 28 (2-3): 387–420.
DOI: https://doi.org/10.1215/03616878-28-2-3-387
Published: 01 June 2003
..., incomplete consumerism, and incomplete social solidarity. One can argue that the public turns to the courts because other actors who might exercise judgment and authority to resolve problems appear unreliable. Because litigation has several features at odds with sound health policy—including its cost,its...
View articletitled, Unfinished Business: How <span class="search-highlight">Litigation</span> Relates to <span class="search-highlight">Health</span> Care Regulation View PDF for article titled, Unfinished Business: How <span class="search-highlight">Litigation</span> Relates to <span class="search-highlight">Health</span> Care Regulation
Journal Article

Performance-Based Regulation: Enterprise Responsibility for Reducing Death, Injury, and Disease Caused by Consumer Products

Stephen D. Sugarman
J Health Polit Policy Law (2009) 34 (6): 1035–1077.
DOI: https://doi.org/10.1215/03616878-2009-035
Published: 01 December 2009
...., and K. E. Warner. 1999 . Litigation and Public Health Policy Making: The Case of Tobacco Control. Journal of Health Politics, Policy and Law 24 : 769 -804. Kagan, R. A. 2001 . Adversarial Legalism: The American Way of Law . Cambridge, MA: Harvard University Press. Kaufman, M. 2007...
View articletitled, Performance-Based Regulation: Enterprise Responsibility for Reducing Death, Injury, and Disease Caused by Consumer Products View PDF for article titled, Performance-Based Regulation: Enterprise Responsibility for Reducing Death, Injury, and Disease Caused by Consumer Products
Journal Article

Up in Smoke: From Legislation to Litigation in Tobacco Politics; Regulating Tobacco

Wendy E. Parmet
J Health Polit Policy Law (2006) 31 (2): 385–394.
DOI: https://doi.org/10.1215/03616878-31-2-385
Published: 01 April 2006
.... $55.00 cloth; $22.00 paper. Duke University Press 2006 Givelber, Daniel. 1998 . Cigarette Law. Indiana Law Journal 73 : 867 -901. Parmet, W. E., and R. A Daynard. 2000 . The New Public Health Litigation. Annual Review of Public Health 21 : 437 -454. U.S. Department of Health...
View articletitled, Up in Smoke: From Legislation to <span class="search-highlight">Litigation</span> in Tobacco Politics; Regulating Tobacco View PDF for article titled, Up in Smoke: From Legislation to <span class="search-highlight">Litigation</span> in Tobacco Politics; Regulating Tobacco
Journal Article

The Implementation of California's Tobacco Tax Initiative: The Critical Role of Outsider Strategies in Protecting Proposition 99

Edith D. Balbach, Michael P. Traynor, Stanton A. Glantz
J Health Polit Policy Law (2000) 25 (4): 689–716.
DOI: https://doi.org/10.1215/03616878-25-4-689
Published: 01 August 2000
... the Proposition 99 Health Education programs by over $273 million. This underfunding occurred because the public health groups failed to exercise power, ideas, and the leadership needed for legislative success. Even successful litigation against the governor failed to restore the programs. In July 1996, however...
View articletitled, The Implementation of California's Tobacco Tax Initiative: The Critical Role of Outsider Strategies in Protecting Proposition 99 View PDF for article titled, The Implementation of California's Tobacco Tax Initiative: The Critical Role of Outsider Strategies in Protecting Proposition 99
Journal Article

Fostering Rational Regulation of Patient Safety

Michelle M. Mello, Carly N. Kelly, Troyen A. Brennan
J Health Polit Policy Law (2005) 30 (3): 375–426.
DOI: https://doi.org/10.1215/03616878-30-3-375
Published: 01 June 2005
... agency oversight, as well as bottom-up drivers such as tort litigation and the forces of the consumer-driven health care market. Patient safety today exemplifi es that eclectic mix of regulation that can occur when a new problem is exposed to the general public; it also demonstrates the diffi...
View articletitled, Fostering Rational Regulation of Patient Safety View PDF for article titled, Fostering Rational Regulation of Patient Safety
Journal Article

Administrative “Health Courts” For Medical Injury Claims: The Federal Constitutional Issues

E. Donald Elliott, Sanjay A. Narayan, Moneen S. Nasmith
J Health Polit Policy Law (2008) 33 (4): 761–798.
DOI: https://doi.org/10.1215/03616878-2008-015
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...
View articletitled, Administrative “<span class="search-highlight">Health</span> Courts” For Medical Injury Claims: The Federal Constitutional Issues View PDF for article titled, Administrative “<span class="search-highlight">Health</span> Courts” For Medical Injury Claims: The Federal Constitutional Issues
Journal Article

A Primer on Antitrust and Hospital Regulation

David F. Drake, David M. Kozak
J Health Polit Policy Law (1978) 3 (3): 328–344.
DOI: https://doi.org/10.1215/03616878-3-3-328
Published: 01 June 1978
... that public policy probably will continue to be concerned with regulation, given that traditional forces do not, and apparently cannot be made to, operate in the health care market. However, through tax benefits, cost-sharing programs, etc., for other-than-traditional modes of care, regulation can be more...
View articletitled, A Primer on Antitrust and Hospital Regulation View PDF for article titled, A Primer on Antitrust and Hospital Regulation
Journal Article

Smoke Filled Rooms: A Postmortem on the Tobacco Deal; Tobacco Control: Comparative Politics in the United States and Canada

Theodore R. Marmor
J Health Polit Policy Law (2006) 31 (2): 375–384.
DOI: https://doi.org/10.1215/03616878-31-2-375
Published: 01 April 2006
... discounts the role that the common law, deci- sional law announced via the litigation process, has always played in the development of American public health policy. For example, the fact that tobacco companies could make so much money selling hazardous goods during the reign of “ordinary politics...
View articletitled, Smoke Filled Rooms: A Postmortem on the Tobacco Deal; Tobacco Control: Comparative Politics in the United States and Canada View PDF for article titled, Smoke Filled Rooms: A Postmortem on the Tobacco Deal; Tobacco Control: Comparative Politics in the United States and Canada
Journal Article

Unfiltered: Conflicts Over Tobacco Policy and Public Health; Smoke in Their Eyes: Lessons in Movement Leadership from the Tobacco Wars; The Fight against Big Tobacco: The Movement, the State, and the Public's Health

Donley T. Studlar
J Health Polit Policy Law (2006) 31 (2): 395–407.
DOI: https://doi.org/10.1215/03616878-31-2-395
Published: 01 April 2006
... Airlines. Tobacco Control 13 (suppl. 1): i30 -i36. Jacobson, Peter D., and Kenneth E. Warner. 1999 . Litigation and Public Health Policy Making: The Case of Tobacco Control. Journal of Health Politics, Policy and Law 24 : 769 -804. Kingdon, John W. 1984 . Agendas, Alternatives and Public...
View articletitled, Unfiltered: Conflicts Over Tobacco Policy and <span class="search-highlight">Public</span> <span class="search-highlight">Health</span>; Smoke in Their Eyes: Lessons in Movement Leadership from the Tobacco Wars; The Fight against Big Tobacco: The Movement, the State, and the <span class="search-highlight">Public&#x27;s</span> <span class="search-highlight">Health</span> View PDF for article titled, Unfiltered: Conflicts Over Tobacco Policy and <span class="search-highlight">Public</span> <span class="search-highlight">Health</span>; Smoke in Their Eyes: Lessons in Movement Leadership from the Tobacco Wars; The Fight against Big Tobacco: The Movement, the State, and the <span class="search-highlight">Public&#x27;s</span> <span class="search-highlight">Health</span>
Journal Article

A Survey of Mental Health Policy Options

Jeffrey Rubin
J Health Polit Policy Law (1980) 5 (2): 234–249.
DOI: https://doi.org/10.1215/03616878-5-2-234
Published: 01 April 1980
... of a review of the literature and the current set of mental health policies, there appear to be five areas in which one could classify the major policy options: federal program change, litigation to change public policies, changes in commitment statutes, changes in private mar- kets...
View articletitled, A Survey of Mental <span class="search-highlight">Health</span> Policy Options View PDF for article titled, A Survey of Mental <span class="search-highlight">Health</span> Policy Options
Journal Article

Policing Medicaid and Medicare Managed Care: The Role of Courts and Administrative Agencies

Michelle M. Mello
J Health Polit Policy Law (2002) 27 (3): 465–494.
DOI: https://doi.org/10.1215/03616878-27-3-465
Published: 01 June 2002
... . The Courts and Social Policy . Washington, DC: Brookings Institution. Jacobson, P. D., and K. E. Warner. 1999 . Litigation and Public Health Policy Making: The Case of Tobacco Control. Journal of Health Politics, Policy and Law 24 : 769 -804. Jost, T. S. 1999 . Governing Medicare. Administrative...
View articletitled, Policing Medicaid and Medicare Managed Care: The Role of Courts and Administrative Agencies View PDF for article titled, Policing Medicaid and Medicare Managed Care: The Role of Courts and Administrative Agencies
Journal Article

In the Shadow of Litigation: Arbitration and Medical Malpractice Reform

Sarah Staszak
J Health Polit Policy Law (2019) 44 (2): 267–301.
DOI: https://doi.org/10.1215/03616878-7277380
Published: 01 April 2019
..., where partisan efforts have privatized arbitration with significant effects for equality under the law. Copyright © 2019 by Duke University Press 2019 litigation arbitration medical malpractice politics health policy Proposals to limit medical malpractice liability and litigation have...
FIGURES
View articletitled, In the Shadow of <span class="search-highlight">Litigation</span>: Arbitration and Medical Malpractice Reform View PDF for article titled, In the Shadow of <span class="search-highlight">Litigation</span>: Arbitration and Medical Malpractice Reform
Journal Article

Litigating the Science of Breast Cancer Treatment

Peter D. Jacobson, Richard A. Rettig, Wade M. Aubry
J Health Polit Policy Law (2007) 32 (5): 785–818.
DOI: https://doi.org/10.1215/03616878-2007-030
Published: 01 October 2007
..., Medicine, and Ethics 29 : 278 -289. Jacobson, P. D., and M. E. Tunick. Forthcoming. Consumer-Directed Health Care and the Courts: Let the Seller (and Buyer) Beware. Health Affairs . Jacobson, P. D., and K. E. Warner. 1999 . Litigation and Public Health Policy: The Case of Tobacco Control...
View articletitled, <span class="search-highlight">Litigating</span> the Science of Breast Cancer Treatment View PDF for article titled, <span class="search-highlight">Litigating</span> the Science of Breast Cancer Treatment
Journal Article

Federal Administrative Health Courts Are Unconstitutional: A Reply to Elliott, Narayan, and Nasmith

Amy Widman, Francine A. Hochberg
J Health Polit Policy Law (2008) 33 (4): 799–832.
DOI: https://doi.org/10.1215/03616878-2008-016
Published: 01 August 2008
... for Justice and Democracy. 2007. Facts about Civil Litigation in the United States. January. www.centerjd.org/MB_2007civil.htm . Chandra, A., S. Nundy, and S. A. Seabury. 2005. The Growth of Physician Medical Malpractice Payments: Evidence from the National Practitioner Data Bank. Web exclusive, Health...
View articletitled, Federal Administrative <span class="search-highlight">Health</span> Courts Are Unconstitutional: A Reply to Elliott, Narayan, and Nasmith View PDF for article titled, Federal Administrative <span class="search-highlight">Health</span> Courts Are Unconstitutional: A Reply to Elliott, Narayan, and Nasmith
Journal Article

The Effects of Regulation and Litigation on a Large for-Profit Nursing Home Chain

Charlene Harrington, Julie Stockton, Sarah Hooper
J Health Polit Policy Law (2014) 39 (4): 781–809.
DOI: https://doi.org/10.1215/03616878-2743039
Published: 01 August 2014
... of a large for-profit nursing home chain. A historical case study was used to examine multiple public data sources, focusing on facilities in California from 2003 to 2011 during and after regulatory actions and litigation. The results showed that the state issued numerous deficiencies for violations...
View articletitled, The Effects of Regulation and <span class="search-highlight">Litigation</span> on a Large for-Profit Nursing Home Chain View PDF for article titled, The Effects of Regulation and <span class="search-highlight">Litigation</span> on a Large for-Profit Nursing Home Chain
Journal Article

Tobacco Litigation, Round Three: It’s the Money and the Principle

Marshall B. Kapp
J Health Polit Policy Law (1999) 24 (4): 811–814.
DOI: https://doi.org/10.1215/03616878-24-4-811
Published: 01 August 1999
... the reality that, while Jacobson and Warner are correct about potential indirect positive public health effects emerging out of the latest litigation round, these lawsuits are at least as much about money as about moral principle. It is an oversimplification to reduce the motivation for contemporary...
View articletitled, Tobacco <span class="search-highlight">Litigation</span>, Round Three: It’s the Money and the Principle View PDF for article titled, Tobacco <span class="search-highlight">Litigation</span>, Round Three: It’s the Money and the Principle
Journal Article

Obesity, Courts, and the New Politics of Public Health

Rogan Kersh, James A. Morone
J Health Polit Policy Law (2005) 30 (5): 839–868.
DOI: https://doi.org/10.1215/03616878-30-5-839
Published: 01 October 2005
... . Litigation Realities. Cornell Law Review 88 : 119 -154. Connolly, Ceci. 2003a . Health Costs of Obesity near Those of Smoking. Washington Post, May 14 . ———. 2003b . Public Policy Targeting Obesity. Washington Post, August 10 . Daviglus, Martha, Kiang Liu, Lijing L. Yan, Amber Pirzada, Larry...
View articletitled, Obesity, Courts, and the New Politics of <span class="search-highlight">Public</span> <span class="search-highlight">Health</span> View PDF for article titled, Obesity, Courts, and the New Politics of <span class="search-highlight">Public</span> <span class="search-highlight">Health</span>
Journal Article

Contributors

J Health Polit Policy Law (2008) 33 (4): 855–858.
DOI: https://doi.org/10.1215/03616878-33-4-855
Published: 01 August 2008
... than two dozen articles in publications such as the National Law Journal and American Outlook. Before joining Common Good, he worked as a health consultant with Accurium, Inc., and practiced health law with the firms Hogan and Hartson, LLP, in Washington, DC, and Smith Anderson, LLP, in Raleigh...
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