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Yale Law Journal

WebIntroduction. The individual health insurance market plays an important residual function in the U.S. health care system, serving individuals and families who cannot access or …

Actived: Just Now

URL: https://www.yalelawjournal.org/note/private-enforcement-of-the-affordable-care-act-toward-an-implied-warrant-of-legality-in-health-insurance

Yale Law Journal

WebThis Note examines the World Health Organization’s current efforts to create a novel pandemic treaty as a potential turning point in global health law. COVID-19 shocked the …

Category:  Health Go Health

Casey and the Clinic Closings: When “Protecting Health” Obstructs …

WebIn a series of recent judgments, courts have emphasized that Casey requires inquiry into the facts that justify laws targeting abortion for onerous health restrictions, 22 but the Fifth …

Category:  Health Go Health

Disability Law and the Case for Evidence-Based Triage in a Pandemic

WebDisability law, properly understood, permits considering medical evidence about patients’ probability of surviving treatment and the quantity of scarce treatments …

Category:  Medical Go Health

Expanding Conscience, Shrinking Care: The Crisis in Access to

WebHobby Lobby represents a high-water mark in a decades-long movement to facilitate conscientious objection at both the federal and state levels. In addition, the number of …

Category:  Health Go Health

Plural Constitutionalism and the Pathologies of American Health …

WebI. America’s Two Health Care Constitutions The United States has two health care constitutions, and the old is the enemy of the new. The recently enacted Patient …

Category:  Health Go Health

The Yale Law Journal

WebHere I focus in particular on the way that disaggregation shaped the creation of the health insurance exchanges that form the centerpiece of the Act. The ACA provides that “[e]ach …

Category:  Health Go Health

The “M” in MLP: A Proposal for Expanding the Roles of Clinicians …

WebMedical-legal partnerships (MLPs) are a promising innovation in the delivery of legal services. Usually located in health care facilities, MLPs connect medical patients with …

Category:  Medical Go Health

Divide and Conquer

Webnon-mental-health conditions.4 In 1997, 86% of health insurance plans im-posed stricter limits for inpatient mental-health care than for inpatient medical or surgical care, and …

Category:  Medical Go Health

The Yale Law Journal

WebThe coronavirus pandemic has forced us to take the threat of rationing life-saving treatments seriously. Many health systems employ protocols that explicitly …

Category:  Coronavirus Go Health

The Yale Law Journal

WebThis Essay examines how states’ initial COVID-19 vaccine-distribution strategies tended to disadvantage populations of color, including Black, Latinx, and …

Category:  Health Go Health

The Yale Law Journal

WebApril 29, 2022. abstract. Scholars have interpreted the Supreme Court’s recent decision in Fulton v.City of Philadelphia as declining to overrule Employment Division v. Smith so as …

Category:  Health Go Health

Yale Law Journal

WebThis ten-year retrospective on the Mental Health Parity and Addiction Equity Act (MHPAEA) traces the law’s ambivalent track record to its merely partial adoption of a cooperative …

Category:  Health Go Health

Federalism and the End of Obamacare

WebFederalism has become a watchword in the acrimonious debate over a possible replacement for the Affordable Care Act (ACA). Missing from that debate, however, is a …

Category:  Health Go Health

Pregnancy and Living Wills: A Behavioral Economic Analysis

WebBehavioral economics can offer fresh insights to policy makers facing complicated legal and regulatory problems like the application of living wills to pregnant …

Category:  Health Go Health

The Yale Law Journal

WebAs the case that became Whole Woman’s Health worked its way to the Supreme Court, few were confident about how the Court would respond to a law, enacted in the name of …

Category:  Health Go Health

Against Insurance Rescission

WebIt is possible that such litigation is less likely to arise in the health insurance context in the wake of the recent health care reform package’s prohibition on discrimination on the …

Category:  Health Go Health

The Abortion Interoperability Trap

WebThe Abortion Interoperability Trap. 18 Oct 2022. Carleen M. Zubrzycki. abstract. Legislatures in blue states are trying to shield patients’ medical records from …

Category:  Medical Go Health

Contraception as a Sex Equality Right

WebBy providing health exceptions for men but not for women, and by allowing men but not women access to the most effective forms of contraception, Connecticut …

Category:  Health Go Health

Griswold and the Public Dimension of the Right to Privacy

WebFifty years ago, the Court in Griswold v. Connecticut1 invalidated Connecticut’s ban on birth control. The various opinions in Griswold were in many ways …

Category:  Health Go Health

The History of History and Tradition: The Roots of

Webabstract. In Dobbs v.Jackson Women’s Health Organization, the Roberts Court claimed authority to overturn Roe v.Wade by comparing itself to the Warren Court …

Category:  Health Go Health

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