Category Archives: Health Care & Health Insurance Law

U.S. Supreme Court News: Health-Care Reform Bill case

May the Supreme Court accept a case to determine the constitutionality of the Health Care Bill, where there is still a pending case on this issue in the 4th Circuit Court of Appeals?

Virginia Attorney General Kenneth Cuccinelli has asked the Supreme Court to hear a direct appeal of the federal case on the Constitutionality of the implementation of the health-care law. The Obama administration is urging the 4th Circuit Court of appeals to reverse the ruling that the health-care law is unconstitutional. The Department of Justice has filed a motion with the Supreme Court requesting that the Court wait for the 4th Circuit decision before deciding on this matter.

In response, Cuccinelli has filed a brief to try to convince the Supreme Court to hear the case before it goes to the Fourth Circuit. The case, Commonwealth of Virginia v. Kathleen Sebelius, is scheduled to be heard May 10 in the 4th U.S. Circuit Court of Appeals.

On April 15, the U.S. Supreme Court is scheduled to discuss Cuccinelli’s petition for the Supreme Court to hear the lawsuit and to bypass appellate court review.

Update: The Supreme Court decided not to hear the case.

“JULIE ROVNER: It’s pretty rare for the high court to agree to take a case directly from a trial court.

Professor TIMOTHY JOST (Washington and Lee University Law School): The case has to be of, quote, “such imperative public importance,” unquote, that it requires immediate determination in this court.

ROVNER: Timothy Jost is a law professor at Washington and Lee University Law School in Lexington, Virginia. He says the Court usually limits such expedited cases to those involving foreign relations, national security or national crises” (Rovner).

References

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Library Highlights: Elder Law

Everyday Law for Seniors

Lawrence A. Frolik and Linda S. Whitton

KF390.A4 F7535 2010

From the Publisher: Seniors are a wide ranging and exponentially growing special status group that the law treats differentially with respect to rights, responsibilities, and benefits. This book is written to inform and assist seniors and those who care for them. The topics covered range from retirement strategies, housing options, and long-term care to federal benefit programs such as Social Security, Medicare, and Medicaid, and ultimately, to end of life decisions. Whether you are someone looking out for your parents; a new retiree concerned about your legal rights; or one of the growing number of “old old” eighty-five years or older who needs answers to confusing legal issues, this book provides essential information in clear language about timely topics such as reverse mortgages, long-term care insurance, powers of attorney, guardianship, and the hidden problem of elder abuse.

Elder Law Answer Book

Robert B. Fleming, Lisa Nachmias Davis

KF390.A4 F58 2010

From the Publisher: Written by nationally-known elder law practitioners, Robert B. Fleming and Lisa Nachmias Davis, the Elder Law Answer Book gathers the most current legal, regulatory, and practice guidelines from the core topics of elder law, long-term care, estate planning, retirement planning, healthcare decision making, and rights of the elderly — and presents this information in a thoroughly integrated, easy-access reference. The all-new Third Edition of Elder Law Answer Book helps you render sound advice and give reliable guidance on: medicaid and long-term care planning, estate planning, probate and trust administration, special needs trusts, medicare and more!

A Well-Tailored Safety Net: The Only Fair and Sensible way to Save Social Security

Jed Graham

HD7125 .G695 2010

From the Publisher: Tackling one of the most difficult and divisive issues facing America today, A Well- Tailored Safety Net: The Only Fair and Sensible Way to Save Social Security seeks to transform the political debate over Social Security reform by introducing the first proposal tailored to meet both the nation’s fiscal challenges and the responsibility of caring for an aging population. As the first batch of 77 million baby boomers begins to collect its social security benefits in the midst of the explosion of national debt from economic recovery expenditures, Social Security reform becomes increasingly urgent. Jed Graham takes apart each of the current leading proposals and shows how all of them fall short by the key criteria of affordability, effectiveness, and fairness. Graham proposes a bold new approach that would erase more debt than any other proposal, yet avoid benefit cuts in very old age, when people can least afford them. Short on actuary speak and long on common sense, A Well-Tailored Safety Net makes the Social Security debate accessible to general readers. At the same time, it advances innovative solutions with such command of analytic detail and ideological impartiality as to merit serious study by legislators and policymakers.

New Times, New Challenges:

Law and Advice for Savvy Seniors and their Families

Kenney F. Heglandm, Robert B. Fleming

KF390.A4 H443 2010

From the Publisher: Students taking Elder Law or Health Law might find this book helpful to get a quick introduction to topics you don’t cover in your course or as a second opinion for those you do. As a savvy law professor, even if you don’t teach those courses, particularly if you don’t teach those courses, you get tough questions from friends and relatives — “Should I have a living trust? What’s a health care power of attorney? What’s a disgruntled heir?” Here’s help for dire times. Written by a law professor with the practical insights of an elder law lawyer, it covers everything from retirement (finances, housing, Medicare) to advance directives, elder abuse to nursing homes, scams, bill collectors, age discrimination, to disability in the family and hospice. It even covers sex, driving, and what it feels like growing old, having everyone start calling you “dear” and giving you, without even asking, those dreaded discounts.

Comparing how Various Nations Administer Retirement Income: Essays on Social Security, Privatisation, and Inter-Generational Covenants

edited by Mark Hyde and John Dixon

HD7091 .C56 2010

From the Publisher: This book makes an innovative contribution to the field of retirement income security in three distinctive ways. First, it seeks to develop a sophisticated philosophical rationale for the social dimension, in the context of retirement. Such a rationale is frequently implicit in much of the relevant literature, and where explicit, is often crudely developed. Second, it seeks to identify robustly the ways in which specific forms of privatisation promote outcomes that are consistent with the social dimension, whilst acknowledging the possibility of market failure. Third, it seeks to provide an agenda for reform, based on robustly developed normative arguments, and a careful appraisal of the evidence.

Social Security: A Fresh Look at Policy Alternatives

Jagadeesh Gokhale

HD7125 .G654 2010

From the Publisher: To assess Social Security’s fate more accurately under current and alternative policies, Gokhale constructs a detailed simulation of the forces shaping American demographics and the economy to project their future evolution. He then uses this simulation to analyze six prominent Social Security reform packages—two liberal, two centrist, and two conservative—to demonstrate how far they would restore the program’s financial health and which population groups would be helped or hurt in the process. Arguments over Social Security have raged for decades, but they have taken place in a relative informational vacuum; Social Security provides the necessary bedrock of analysis that will prove vital for anyone with a stake in this important debate.

Forced Out: Older Workers Confront Job Loss

Kenneth A. Root, Rosemarie J. Park

HD5708.55.U6 R65 2009

From the Publisher: What happens to long-term employees when their jobs are unexpectedly eliminated? In this richly detailed study of a major layoff and its aftermath, Kenneth Root and Rosemarie Park address head-on the ramifications of job loss for older workers. The authors follow the experiences of 173 factory workers—from first thoughts on being forced out of work to reflections several years later. Retraining, age discrimination, and the occasional, if unanticipated, benefits of job loss are among the many issues considered. The result is a wide-ranging and thoughtful look at both the universal issues facing downsized employees and the unique challenges of being an older worker involuntarily out of work.

Law, Technology & Communication — Recent Acquisitions

Civil Rights in Wartime: The Post-9/11 Sikh Experience
Dawinder S. Sidhu, Neha Singh Gohil
KF4755 .S543 2009
ThomCat | Amazon.com

Community, Space and Online Censorship: Regulating Pornotopia
Scott Beattie
KU4220 .B43 2009
ThomCat | Amazon.com

Justice for All: Challenges of the Mentally Ill in the Legal System
Sherrie Bourg Carter
KF480 .B68 2009
ThomCat | Amazon.com

Law, Explanation and Analysis of the Patient Protection and Affordable Care Act: Including Reconciliation Act Impact
CCH
KF1183 .A369 2010
ThomCat | Amazon.com

RIA’s Complete Analysis of the Tax and Benefits Provisions of the 2010 Health Care Act as Amended by the 2010 Health Care Reconciliation Act: with Code and ERISA Sections as Amended and Committee Reports
KF6276.62010 .A2 2010
ThomCat

The TRIPS Regime of Patent Rights

Nuno Pires de Carvalho
K1505 .C37 2010
ThomCat | Amazon.com

Law & Social Justice — Recent Acquisitions

Agenda for a Sustainable America
edited by John C. Dernbach
HC79.E5 A358 2009
ThomCat |Amazon.com

Assignment and Arbitration: A Comparative Study
Juan Carlos Landrove
K2400 .L36 2009
ThomCat |Amazon.com

At Home in the Law: How the Domestic Violence Revolution is Transforming Privacy
Jeannie Suk
KF9322 .S85 2009 (New Book Shelf)
ThomCat |Amazon.com

Autonomy, Consent and the Law
Sheila A. M. McLean
K3611.I5 M38 2010
ThomCat |Amazon.com

The Challenge of Child Labour in International Law
Franziska Humbert
K1821 .H86 2009
ThomCat |Amazon.com

Climate Change and the Law
Chris Wold, David Hunter, Melissa Powers
K3593 .W65 2009
ThomCat

Covering: The Hidden Assault on our Civil Rights
Kenji Yoshino
KF4749 .Y674 2007
ThomCat |Amazon.com

Does the Constitution Follow the Flag?: The Evolution of Territoriality in American Law
Kal Raustiala
KF413.J87 R38 2009
ThomCat |Amazon.com

The Evolution of the Fourth Amendment
Thomas N. McInnis
KF9630 .M35 2009
ThomCat |Amazon.com

Freedom from Religion: Rights and National Security
Amos N. Guiora
K3258 .G85 2009
ThomCat |Amazon.com

The Gender of Reparations: Unsettling Sexual Hierarchies While Redressing Human
Rights Violations
edited by Ruth Rubio-Marin
K5301 .G46 2009
ThomCat |Amazon.com

Global Democracy and Sustainable Jurisprudence: Deliberative Environmental Law
Walter F. Baber and Robert V. Bartlett
K3585 .B33 2009
ThomCat |Amazon.com

Global Employee Privacy and Data Security Law
Morrison & Foerster LLP; editors Miriam H. Wugmeister and Christine E. Lyon
K3264.C65 G578 2009
ThomCat |Amazon.com

Government by Contract: Outsourcing and American Democracy
edited by Jody Freeman, Martha Minow
HD3861.U6 G678 2009
ThomCat |Amazon.com

An Introduction to the American Legal System
John M. Scheb, John M. Scheb II.
KF385 .S34 2010
ThomCat |Amazon.com

Justice in Plainclothes: A Theory of American Constitutional Practice
Lawrence G. Sager
KF4550 .S235 2004
ThomCat |Amazon.com

Law and the Disordered: An Exploration in Mental Health, Law, and Politics
George C. Klein
KF3828 .K59 2009 (New Book Shelf)
ThomCat |Amazon.com

The Law of American State Constitutions
Robert F. Williams
KF4530 .W538 2009
ThomCat |Amazon.com

Legal Studies: Terminology and Transcription
Wanda Roderick-Bolton
KF319 .R6 2004
ThomCat |Amazon.com

Mechanical Witness: A History of Motion Picture Evidence in U.S. Courts
Louis-Georges Schwartz
KF8725 .S39 2009 (New Book Shelf)
ThomCat |Amazon.com

Mobilizing for Human Rights: International Law in Domestic Politics
Beth A. Simmons
K3240 .S5435 2009
ThomCat |Amazon.com

Obstruction of Justice: Federal Statutes
Charles Doyle
KF9300 .D69 2008
ThomCat |Amazon.com

Private Lawyers and the Public Interest: The Evolving Role of Pro Bono in the
Legal Profession
edited by Robert Granfield, Lynn Mather
KF299.P8 P745 2009 (New Book Shelf)
ThomCat |Amazon.com

Punishing Corporate Crime: Legal Penalties for Criminal and Regulatory
Violations
James T. O’Reilly et al.
KF9351 .P86 2009
ThomCat |Amazon.com

Rediscovering Rhetoric: Law, Language, and the Practice of Persuasion
editors, Justin T. Gleeson, Ruth C.A. Higgins.
P301.5.P47 R43 2008
ThomCat

The Religious Left and Church-State Relations
Steven H. Shiffrin
KF4783 .S56 2009 (New Book Shelf)
ThomCat |Amazon.com

The Restitution of Cultural Assets: Causes of Action, Obstacles to Restitution,
Developments

Beat Schonenberger
K3791 .S36 2009 (New Book Shelf)
ThomCat |Amazon.com

A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale
Warped the Law of Free Association
Andrew Koppelman; with Tobias Barrington Wolff
KF4778 .K67 2009
ThomCat |Amazon.com

Sexual Harassment: Prevention, Investigation and Litigation
Sound recording
State Bar of California
AUDIO KFC100.S49 S49 2009 (Lobby Display)
ThomCat

The South’s Role in the Creation of the Bill of Rights: Essays
Jack P. Greene et al.; edited by Robert J. Haws
KF4545.S5 S68 2009
ThomCat | Amazon.com

Targeted Killing in International Law
Nils Melzer
KZ6362 .M45 2009
ThomCat |Amazon.com

US Pension Reform: Lessons from Other Countries
Martin Neil Baily, Jacob Funk Kirkegaard
HD7125 .B275 2009
ThomCat |Amazon.com

Women, Family, and Gender in Islamic Law
Judith E. Tucker
KBP526.3 .T83 2008
ThomCat |Amazon.com

Law, Technology & Communications – Recent Acquisitions

Autonomy, Consent and the Law
Sheila A. M. McLean
K3611.I5 M38 2010
ThomCat | Amazon.com

The Challenge of Child Labour in International Law
Franziska Humbert
K1821 .H86 2009
ThomCat | Amazon.com

The Corporate Insider’s Guide to U.S. Patent Practice
Charles R. Macedo
KF3114.85 .M33 2010 (New Book Shelf)
ThomCat | Amazon.com

Global Employee Privacy and Data Security Law
Morrison & Foerster LLP; edited by Miriam H. Wugmeister and Christine E. Lyon
K3264.C65 G578 2009
ThomCat | Amazon.com

Going Solo in Tough Economic Times
State Bar of California
AUDIO KFC77 .G65 2009 (Lobby Display)
ThomCat

The Handbook of European Intellectual Property Management : Developing, Managing and Protecting your Company’s Intellectual Property
Adam Jolly & Jeremy Philpott
KJE2636 .J65 2009
ThomCat | Amazon.com

Hate on the Net: Extremist Sites, Neo-fascism On-line, Electronic Jihad
Antonio Roversi, Lawrence Smith
HT1521 .R69 2008
ThomCat | Amazon.com

Intellectual Property Law and Interactive Media: Free for a Fee
Edward Lee Lamoureux … [et al.]
KF3030.1 .I578 2009
ThomCat | Amazon.com

Law and the Disordered: An Exploration in Mental Health, Law, and Politics
George C. Klein
KF3828 .K59 2009 (New Book Shelf)
ThomCat | Amazon.com

The Law of Virtual Worlds and Internet Social Networks
Andrew Sparrow
KD667.C65 S68 2010 (New Book Shelf)
ThomCat | Amazon.com

Moral Panics and the Copyright Wars
William Patry
K1420.5 .P376 2009 (New Book Shelf)
ThomCat | Amazon.com

The National Security Court System: A Natural Evolution of Justice in an Age of
Terror
Glenn Sulmasy
KF9223 .S85 2009
ThomCat | Amazon.com

Rediscovering Rhetoric: Law, Language, and the Practice of Persuasion
editors Justin T. Gleeson, Ruth C.A. Higgins
P301.5.P47 R43 2008
ThomCat

The Soul of Creativity: Forging a Moral Rights Law for the United States
Roberta Rosenthal Kwall
KF3012 .K85 2010
ThomCat | Amazon.com

Virtual Freedom: Net Neutrality and Free Speech in the Internet Age
Dawn C. Nunziato
KF4772 .N86 2009
ThomCat | Amazon.com

Who Owns You?: The Corporate Gold-rush to Patent your Genes
David Koepsell
K1519.B54 K64 2009 (New Book Shelf)
ThomCat | Amazon.com

Library Highlights – Law & Bioethics

The Nexus of Law and Biology: New Ethical Challenges
edited by Barbara Ann Hocking
K328 .N494 2009
From the Publisher: Although law and science have interacted for centuries, today their interactions pose enormous challenges. These challenges are reflected in issues ranging from reproductive technology and resource conservation, to genetic technology and biological warfare.

The emerging dialogue is complex and requires an ongoing re-thinking of general principles, such as expert biological evidence, which features in a wide range of legal contexts, and including medical law, torts, crime and intellectual property.

Studying the many ways in which law and biology come together in many areas of contemporary life, The Nexus of Law and Biology: New Ethical Challenges explores the juridical uses of biological sciences to illuminate key issues and contemporary intersections, arguing that each of several disciplines must communicate with one another, recognizing a common ground in ethics. Featuring an impressive list of contributors, this book is an invaluable reference for legal scholars, students, practising lawyers and scientists engaged with the legal system.

Bioethics and Law in a Nutshell
Sandra H. Johnson and Robert L. Schwartz
KF3821 .J64 2009
From the Publisher: This work provides a concise analysis of areas in which the law has addressed issues in bioethics. Topics include assisted reproductive techniques and family-making, limitations on reproduction (including abortion, contraception, and sterilization), the role of ethical and religious beliefs of health care professionals, the definition of death, end-of-life decision making (including physician-assisted death), genetics, research involving human subjects (including issues related to conflicts of interest), organ transplantation, limitations on coercive public health regulation, the operation of ethics committees, and other emerging topics. The book provides an excellent introduction to this area as well as useful support for students.

Bioethics: Health Care Law and Ethics
Barry R. Furrow et al.
KF3821.A7 B56 2008
From the Publisher: This book provides a rich body of materials for courses in bioethics and law. Primary legal sources, including judicial opinions, statutes, regulations, and institutional policies, will give students insight into the strategies used by courts, legislatures, agencies, and health care providers in addressing bioethics issues. The book also draws from interdisciplinary research in medicine, ethics, and law to provide students with diverse critiques of legal and public policy issues in bioethics. This edition includes a selection of new problems; completely updated notes and bibliographies; and new or expanded treatment of issues that have come to prominence since the previous edition.

Legal Perspectives in Bioethics
edited by Ana S. Iltis, Sandra H. Johnson and Barbara A. Hinze
KF3821 .L445 2008
From the Publisher: Issues in bioethics often turn, at least in part, on the law and regulatory requirements. Consisting of chapters that address particular bioethics topics from the law’s perspective, this fascinating book includes: an introduction to the American legal system, papers identifying the principal ways in which the law influences discussions and decisions concerning each of the topics highlighted, supplemental papers on certain areas that address the influence and status of the law in countries other than the United States.

Covering traditional topics in bioethics, such as determinations of death and health care decisions for vulnerable groups, this study also explores emerging areas such as conflicts of interest in research, genetics, and privacy and confidentiality in the electronic age. Incisive and thought-provoking, this volume provides readers with a rich context for understanding the intersection between the law on bioethics and the central issues in bioethics.

Contemporary Issues in Healthcare Law and Ethics
Dean M. Harris
KF3825 .H373 2008
From the Publisher: Contemporary Issues in Healthcare Law and Ethics, Third Edition, examines the most important legal and ethical issues in healthcare and presents essential information that will help you learnto identify and tackle potential legal problems.

This edition includes new information and extensive updates including: The U.S. Supreme Court’s decisions on physician-assisted suicide, the liability of health plans, and partial-birth abortion, Legal and ethical issues in emergency contraception, The Terri Schiavo case involving termination of life support, The Medicare prescription drug benefit and HIPAA Privacy Rule, Medical malpractice reform and the reporting of medical errors, Obligations to provide emergency care and make services accessible to persons with limited English proficiency, A new chapter on health insurance and the ongoing effort to achieve universal health insurance coverage. This new edition also has a revised emphasis and focus. Rather than focusing on managed care, it emphasizes, and includes more material on, health insurance reform.

Retrieving the Natural Law: A Return to Moral First Things
J. Daryl Charles
K420 .C33 2008
From the Publisher: Restating what all people intuit and what this means in moral, specifically bioethical, discourse is the raison d’être for this volume. J. Daryl Charles argues that a traditional metaphysics of natural law lies at the heart of the present reconstructive project, and that a revival in natural-law thinking is of the highest priority for the Christian community as we contend in, rather than abdicate, the public square.

Nowhere is this more on display than in the realm of bioethics, where the most basic moral questions human personhood, human rights versus responsibilities, the reality of moral evil, the basis of civil society — are being debated. With his timely application of natural-law thinking to the field of bioethics, Charles seeks to breathe new life back into this key debate.