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Journal Article
Journal of Health Politics, Policy and Law (1 December 2016) 41 (6): 1061–1081.
Published: 01 December 2016
... analysis, this article demonstrates that courts have traditionally treated health as a legal norm. However, this norm appears to have weakened in recent years, a trend evident in the Supreme Court's first two decisions concerning the Affordable Care Act, NFIB v. Sebelius and Burwell v. Hobby Lobby...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2001) 26 (2): 217–248.
Published: 01 April 2001
... Unity of Knowledge . New York: Alfred Knopf. JHPPL 26.2-03 Haack 3/22/01 12:12 PM Page 217 An Epistemologist in the Bramble-Bush: At the Supreme Court with Mr. Joiner...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1980) 5 (1): 81–97.
Published: 01 February 1980
... employed children who either were under fourteen years of age or who were under sixteen years of age and worked more than eight hours a day. Despite its popular support, the Act was declared unconstitutional by the Supreme Court in Hammer v. Dagenhart (1918). The Court's decision involved several major...
Journal Article
Journal of Health Politics, Policy and Law (1 August 1990) 15 (4): 919–928.
Published: 01 August 1990
...Kenneth R. Wing Copyright © 1990 by Duke University Press 1990 Reportfiom the Field The Supreme Court’s Spring Term: Abortion, the Right to Die, and the Decline of Privacy Rights Kenneth R. Wing, University of Puget Sound and University of Washington...
Journal Article
Journal of Health Politics, Policy and Law (1 June 1976) 1 (3): 319–337.
Published: 01 June 1976
...Kathleen A. Kemp; Robert A. Carp; David W. Brady The purpose of the article is to analyze the effect of the U.S. Supreme Court's abortion decisions upon the policies of hospitals in Harris County (Houston), Texas. The study attempts to determine the variables associated with the hospitals' policies...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 283–289.
Published: 01 April 2013
...Theodore W. Ruger A great deal of the US Supreme Court's federalism jurisprudence over the past two decades has focused on the outer limits of federal power, suggesting a mutually exclusive division of jurisdiction between the states and the federal government, where subjects are regulated by one...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2001) 26 (4): 767–788.
Published: 01 August 2001
...Peter J. Hammer Managed care presents the paradox of organizations having real power over people's lives without there being clear or consistent means of ensuring accountability. In Pegram v. Herdrich , the United States Supreme Court struggled with whether “fiduciary duties” under the federal...
Journal Article
Journal of Health Politics, Policy and Law (1 October 2017) 42 (5): 749–770.
Published: 01 October 2017
... in advancing racial equality in health care. Courts have been reluctant to intervene on racial justice because overt discrimination has largely disappeared, and the Supreme Court has interpreted civil rights laws in a fashion that restricts judicial authority to address more subtle or diffused forms...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1993) 18 (2): 439–476.
Published: 01 April 1993
... accepted by Congress itself. Over the past few years, however, a new Supreme Court, led by Chief Justice William Rehnquist, has issued opinions denying that such rights exist and vastly increasing agency power to reduce important statutory provisions to virtually meaningless formalities. Thus, at the very...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 225–241.
Published: 01 April 2013
... of the government's advocate in the Supreme Court by the five Republican-appointed justices, the expectation was that the act would indeed be struck down on that ground. So it came as no surprise when the five opined the act did indeed exceed Congress's commerce clause power. But it came as a great...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 267–272.
Published: 01 April 2013
...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...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 273–282.
Published: 01 April 2013
...Keith E. Whittington The Patient Protection and Affordable Care Act ignited a political firestorm and raised intriguing new questions of constitutional law. Cutting a path between the liberals and conservatives on the US Supreme Court, Chief Justice John Roberts made small adjustments in...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 441–456.
Published: 01 April 2013
... that states should use this structure to require health plans to collect and report meaningful data that patients, providers, plans, payers, and third-party researchers can access. Now that the Supreme Court has upheld the PPACA and states must set up health insurance exchanges, populations can benefit...
Journal Article
Journal of Health Politics, Policy and Law (1 February 2013) 38 (1): 165–178.
Published: 01 February 2013
...Austin B. Frakt; Aaron E. Carroll By virtue of the Supreme Court's decision on the constitutionality of the Patient Protection and Affordable Care Act, states may reject the law's expansion of Medicaid without losing all Medicaid funding from the federal government. The Court's ruling potentially...
Journal Article
Journal of Health Politics, Policy and Law (1 February 2013) 38 (1): 179–186.
Published: 01 February 2013
...Joseph Antos In the wake of the Supreme Court decision, states should not rush to expand eligibility for Medicaid. They cannot be certain that the federal support promised in the Patient Protection and Affordable Care Act will remain available, and a better deal might be possible after the election...
Journal Article
Journal of Health Politics, Policy and Law (1 June 1986) 11 (3): 423–443.
Published: 01 June 1986
... samples. Sampling encourages tobacco experimentation, which often produces an addiction similar to morphine and cocaine; the public is generally unaware of the extreme risk of addiction. A recent Supreme Court opinion (Posadas) makes it clear that cigarette advertising can be outlawed. Furthermore...
Journal Article
Journal of Health Politics, Policy and Law (1 December 2016) 41 (6): 1137–1149.
Published: 01 December 2016
... unearthed a more complex picture that casts vaccine hesitancy in the context of broader notions of lack of trust in government and industry. At the same time, commentators have highlighted limitations of the vaccine injury compensation program and US Supreme Court Justices Sonia Sotomayor and Ruth Bader...
Journal Article
Journal of Health Politics, Policy and Law (1 October 2013) 38 (5): 1023–1050.
Published: 01 October 2013
...Lawrence R. Jacobs; Timothy Callaghan Abstract After the passage of the Patient Protection and Affordable Care Act in March 2010 and the affirmation of its constitutionality by the Supreme Court in 2012, key decisions about the implementation of health care reform are now in the hands of states...
Journal Article
Journal of Health Politics, Policy and Law (1 February 2014) 39 (1): 97–137.
Published: 01 February 2014
... establishing their own health insurance exchanges. Yet GOP leaders feared that creating exchanges would entrench a law they intensely opposed and undermine legal challenges to the ACA. Republicans' calculations were further complicated by uncertainty over the Supreme Court's ruling on the ACA's...
Journal Article
Journal of Health Politics, Policy and Law (1 December 2015) 40 (6): 1213–1224.
Published: 01 December 2015
...Daniel Skinner Abstract When, in 2012, the US Supreme Court held that Medicaid expansion sanctioned by the Affordable Care Act (ACA) was essentially optional for states, it ushered in a newly contentious state politics. States led by Republican governors and legislatures opposed to the ACA had to...