Health Law

The Incidental Unconstitutionality of the Individual Mandate

Gary S. Lawson & David B. Kopel

The Solicitor General’s recent brief to the Supreme Court arguing for the constitutionality of the Patient Protection and Affordable Care Act (PPACA) confidently concludes that the Constitution’s Necessary and Proper Clause confers broad authority upon Congress to enact the so-called “individual mandate” (or “minimum coverage provision”). According to the Solicitor… Read More »

Doctors Who Want Their Medical Malpractice Exculpatory Agreements Enforced Should Use Confidential Contracts

Matthew J.B. Lawrence - Law Clerk for Judge Ginsburg (D.C. Circuit)

Whether patients should be able to contract out of the malpractice system has been a hotly debated subject in law and economics and health law literature.  Advocates of patient choice argue that if the cost of having the option to bring a malpractice suit truly outweighs the benefit to a… Read More »

Fairness, Disability, and Genetic Antidiscrimination

Jeffrey S. Morrow - 2010 J.D. Candidate, Georgetown Law School

Genetic discrimination is unfair. This observation is, by all accounts, largely uncontroversial. As a result of the Genetic Information Nondiscrimination Act of 2008 (GINA), which took effect in late November, genetic discrimination is also now illegal. GINA prohibits employers from using genetic information in employment decisions and prohibits health insurers from… Read More »

Risk Governance and Deliberative Democracy in Health Care

Nan D. Hunter - Brooklyn Law School

A risk governance paradigm provides the best theoretical framework for understanding both the health care system and health law. By “risk governance,” I mean a set of practices organized around principles of risk allocation, management, and distribution. Largely through the structures of managed care, the discourse of risk and insurance… Read More »

HIV/AIDS and the Law of Unintended Consequences

James B. McArthur - J.D. Candidate, Cornell Law School

The proposition that mankind’s interaction with its environment can have unintended consequences would surprise few Americans.  For decades, ever since Rachel Carson published Silent Spring, the environmental movement has prepared us to understand that the choices we make can have complicated and unexpected effects on the world around us.  As the… Read More »

Welcome to Legal Workshop

New York University & Stanford University

Below is a brief introduction to the Legal Workshop project. We hope you enjoy getting to know us, and we welcome your feedback.
The Legal Workshop website provides a single online forum for cutting-edge legal scholarship from the top law journals in the country.
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