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statutory interpretation

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Journal Article
J Health Polit Policy Law (1993) 18 (2): 439–476.
Published: 01 April 1993
... between statutory promise and policy reality by interpreting federal funding laws as creating rights for their ultimate beneficiaries, including low-income patients and the providers who serve them. This major innovation in the concept of legal rights was confirmed by hundreds of judicial decisions...
Journal Article
J Health Polit Policy Law (1982) 7 (2): 512–518.
Published: 01 April 1982
..., and formulated its emission standards accordingly. Ackerman and Hassler argue persua- sively that the scrubber was a poor choice, neither adequately demon- strated nor cost-effective. While there were “creative possibilities for statutory interpretation ,” EPA disregarded alternatives...
Journal Article
J Health Polit Policy Law (1982) 7 (2): 518–521.
Published: 01 April 1982
... 518 Journal of Health Politics, Policy and Law courts, they say be bolder and more creative in interpreting statutory language. While these recommendations seem quite reasonable, the au- thors’ suggestion that the courts follow the principle of textual priority- “insisting on explicit...
Journal Article
J Health Polit Policy Law (2015) 40 (3): 575–576.
Published: 01 June 2015
... is unique even when compared with the New Deal and the passage of Medicare and Medicaid, as exemplified by this most recent Supreme Court case. The question of statutory interpretation will determine whether 5 million Americans continue to receive subsidies for their health insurance. If the court decides...
Journal Article
J Health Polit Policy Law (2016) 41 (6): 1061–1081.
Published: 01 December 2016
... has not demonstrated fault as common law courts have defined that term. Or less obviously, when interpreting a statute, a court may rely on a principle of statutory interpretation that derives not from the statute itself, but from a long-established judicial practice. Such a reliance on nonstatutory...
Journal Article
J Health Polit Policy Law (2015) 40 (3): 589–597.
Published: 01 June 2015
... a facially plausible argument in support of an exceedingly strange interpretation of the ACA. But the courts would violate their obligation of fidelity in statutory construction if they mistook that ingenuity for genuine obeisance to congressional will. The latest challenge to the ACA is political activism...
Journal Article
J Health Polit Policy Law (2015) 40 (3): 577–588.
Published: 01 June 2015
..., all essays in the section are published open access. —Colleen M. Grogan Affordable Care Act ACA administrative law Chevron deference King v. Burwell statutory interpretation Copyright © 2015 by Duke University Press 2015 Freely available online through the Journal of Health...
Journal Article
J Health Polit Policy Law (1980) 5 (3): 560–567.
Published: 01 June 1980
.... Franklin ,” 439 U.S. 379, 99 S. St. 675, 1979. “Constitutional Law-Abortion-Statutory Interpretation-Void for Vagueness. Duquesne Law Review 18: 161-72, Fall, 1979. “Constitutional Law: Further Limitations on States’ Ability to Regulate Abor- tions.” Stetson Law Review 9...
Journal Article
J Health Polit Policy Law (1989) 14 (4): 841–843.
Published: 01 August 1989
.... Perhaps the book’s principal accomplishment is the successful blending of tra- ditional pedagogical approaches to legal analysis (case analysis, problem solving, and statutory interpretation) with consideration of policy issues and the sources of legal doctrine. Students are confronted with text...
Journal Article
J Health Polit Policy Law (2004) 29 (3): 529–538.
Published: 01 June 2004
... . Statutory Interpretation and Distributive Justice: Medicaid Hospital Reimbursement and the Debate over Public Choice. St. Louis University Law Journal 35 : 793 -835. ———. 1993 . The Courts, Health Care Reform, and the Reconstruction of American Social Legislation. Journal of Health Politics, Policy...
Journal Article
J Health Polit Policy Law (2013) 38 (2): 469–474.
Published: 01 April 2013
... Law School, where he teaches and writes in the fields of health law, constitutional law, food and drug law, and statutory interpretation. Before joining the school’s faculty in 2004, Ruger was a professor of law for three years at Washington University in St. Louis, and prior to that he...
Journal Article
J Health Polit Policy Law (1997) 22 (6): 1385–1411.
Published: 01 December 1997
... that caused the need for the trans- plant met the definition of a disability. Once again, two caveats are in order. First, as a rule of statutory interpretation, Congress will not be pre- sumed to have repealed a provision in one statute implicitly by enacting a conflicting provision in a later statute...
Journal Article
J Health Polit Policy Law (2009) 34 (4): 543–583.
Published: 01 August 2009
...,” and, “while suggestive, are not very robust and clearly need to be interpreted with considerable caution” (ibid.: 383, 385). White  ■  Gap and Parallel Insurance  573   a decent statutory system, however, it is very difficult to take that away. Margaret Thatcher did not dare...
Journal Article
J Health Polit Policy Law (1995) 20 (3): 653–687.
Published: 01 June 1995
...Karl Hinrichs The statutory health care scheme represents the most ambitious branch of the German social insurance system because it entails interpersonal redistribution on a large scale. The stability of this centerpiece of the German welfare state thus depends on a “culture of solidarity...
Journal Article
J Health Polit Policy Law (2014) 39 (2): 441–465.
Published: 01 April 2014
... statutory language. As the D.C. Circuit has explained, the notion that an agency interpretation is permissible just because the statute in question “does not expressly negate the existence of a claimed administrative power (i.e. when the statute is not written in ‘thou shalt not’ terms), is both flatly...
Journal Article
J Health Polit Policy Law (2013) 38 (4): 683–708.
Published: 01 August 2013
... beliefs—conscience clause exemptions. There is striking variation in how these exemptions are defined. This article investigates the sources and consequences of ambiguous versus precise statutory language in conscience clauses. We find that some forms of political and institutional fragmentation (party...
Journal Article
J Health Polit Policy Law (1993) 18 (3): 695–722.
Published: 01 June 1993
... in this fashion, and statutory health insurance should be added now. All or most groups would be required to join. Financing would come from social security payroll taxes, supplemented by government subsidies. Basic acute care services would be equally available to all. The existing insurance companies would...
Journal Article
J Health Polit Policy Law (1982) 7 (3): 629–647.
Published: 01 June 1982
... raise a number of questions about the process of standard-setting. Among the issues discussed here are the nature of the trade-off between long-run goals and feasibility criteria that merely codify current technical and economic practice, and the possibility of replacing statutory regulation by self...
Journal Article
J Health Polit Policy Law (2007) 32 (6): 971–1004.
Published: 01 December 2007
... adult in the waiver process. Medicaid waivers place the executive branch at center stage in the decision-making process. Top officials, especially under the Bush admin- istration, at times pushed statutory interpretation to the limit in approving waivers, but the exercise of formal authority...
Journal Article
J Health Polit Policy Law (2014) 39 (4): 811–840.
Published: 01 August 2014
... to replace all separate health care financing and insurance schemes by one statutory health insurance scheme to be provided by both sickness funds and private health insurers. In order to encourage efficiency with insurers and providers, it also advised the introduction of a regulated competitive environment...