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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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Intrastatutory Federalism and Statutory Interpretation: State

WebAct of 1996,7 or the Medicaid statute,8 and the legal challenges to the health reform statute certainly complicate this analysis.9 I have chosen the health reform legislation, however, …

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The Yale Law Journal

WebSection 1115 allows the Secretary of Health and Human Services (HHS) to waive particular federal requirements of the Medicaid program so that states can conduct …

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Yale Law Journal Announces Winners of Emerging Issues in Health …

WebThe Yale Law Journal is pleased to announce the three winners of its annual Student and Recent Graduate Essay Competition, focused this year on emerging issues in health …

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The Yale Law Journal

WebThese data were no surprise to public-health scholars of the “inverse equity hypothesis.” 6 This theory predicts that when health innovations emerge, they are …

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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 …

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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 …

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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 …

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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 …

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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 …

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The Yale Law Journal

Webabstract. Dobbs v. Jackson Women’s Health Organization is not the first time the Supreme Court has relied on dubious history to deny a constitutional right of profound importance. …

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Yale Law Journal

WebIt develops a novel theory for litigating challenges to state HIV-criminalization statutes under federal antidiscrimination law. The ADA bans public entities from discriminating on the …

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Roundup: Recent Developments in Criminal Justice and Mental …

WebOver the past few weeks, several major developments have occurred at the intersection of criminal justice and mental health law. This Roundup briefly summarizes …

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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 …

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