Author: Publisher: AAJ
ISBN:
Category :
Languages : en
Pages : 182
Book Description
The Case Against "Health Courts"
Author: The Case Against the Supreme Court
Author: Erwin ChemerinskyPublisher: Penguin Books
ISBN: 0143128000
Category : History
Languages : en
Pages : 402
Book Description
Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Litigating Health Rights
Author: Alicia Ely YaminPublisher: Harvard University Press
ISBN: 0986106208
Category : Law
Languages : en
Pages : 446
Book Description
The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.
From Courtroom to Clinic
Author: Peter AshPublisher: Cambridge University Press
ISBN: 1108421512
Category : Law
Languages : en
Pages : 185
Book Description
Tells the human story of the litigants involved in landmark legal cases that changed how mental health treatment is practiced.
The Health Care Case
Author: Nathaniel PersilyPublisher: Oxford University Press, USA
ISBN: 0199301050
Category : Law
Languages : en
Pages : 401
Book Description
The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. This volume gathers together reactions to the decision from an ideologically diverse selection of the nation's leading scholars of constitutional, administrative, and health law.
A Court of Refuge
Author: Ginger Lerner-WrenPublisher: Beacon Press
ISBN: 0807086983
Category : Law
Languages : en
Pages : 210
Book Description
The story of America’s first Mental Health Court as told by its presiding judge, Judge Ginger Lerner-Wren—from its inception in 1997 to its implementation in over 400 courts across the nation As a young legal advocate, Ginger Lerner-Wren bore witness to the consequences of an underdeveloped mental health care infrastructure. Unable to do more than offer guidance, she watched families being torn apart as client after client was ensnared in the criminal system for crimes committed as a result of addiction, homelessness, and mental illness. She soon learned this was a far-reaching crisis—estimates show that in forty-four states, jails and prisons house ten times more people with serious mental illnesses than state psychiatric hospitals. In A Court of Refuge, Judge Ginger Lerner-Wren tells the story of how the first dedicated mental health court in the United States grew from an offshoot of her criminal division, held during lunch hour without the aid of any federal funding, to a revolutionary institution. Of the two hundred thousand people behind bars at the court’s inception in 1997, more than one in ten were known to have schizophrenia, bipolar disorder, or major depression. To date, the court has successfully diverted more than twenty thousand people suffering from various psychiatric conditions from jail and into treatment facilities and other community resources. Working under the theoretical framework of therapeutic jurisprudence, Judge Lerner-Wren and her growing network of fierce, determined advocates, families, and supporters sparked a national movement to conceptualize courts as a place of healing. Today, there are hundreds of such courts in the US. Poignant and compassionately written, A Court of Refuge demonstrates both the potential relief mental health courts can provide to underserved communities and their limitations in a system in dire need of vast overhauls of the policies that got us here. Lerner-Wren presents a refreshing possibility for a future in which criminal justice and mental health care can work in tandem to address this vexing human rights issue—and to change our attitudes about mental illness as a whole.
Mental Health Courts
Author: Richard D. SchneiderPublisher:
ISBN: 9781552211205
Category : Law
Languages : en
Pages : 296
Book Description
This book provides an overview of the historical and theoretical foundations underlying mental health courts. It offers a thorough description of a mental health court operation, including the role of each court team member, and guides those seeking to establish a mental health court. The authors analyze the successes, failures, and long-term desirability of these courts.
Patient Safety
Author: Institute of MedicinePublisher: National Academies Press
ISBN: 0309090776
Category : Medical
Languages : en
Pages : 551
Book Description
Americans should be able to count on receiving health care that is safe. To achieve this, a new health care delivery system is needed â€" a system that both prevents errors from occurring, and learns from them when they do occur. The development of such a system requires a commitment by all stakeholders to a culture of safety and to the development of improved information systems for the delivery of health care. This national health information infrastructure is needed to provide immediate access to complete patient information and decision-support tools for clinicians and their patients. In addition, this infrastructure must capture patient safety information as a by-product of care and use this information to design even safer delivery systems. Health data standards are both a critical and time-sensitive building block of the national health information infrastructure. Building on the Institute of Medicine reports To Err Is Human and Crossing the Quality Chasm, Patient Safety puts forward a road map for the development and adoption of key health care data standards to support both information exchange and the reporting and analysis of patient safety data.
Model Rules of Professional Conduct
Author: American Bar Association. House of DelegatesPublisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The Tough Luck Constitution and the Assault on Health Care Reform
Author: Andrew KoppelmanPublisher: Oxford University Press
ISBN: 0199970041
Category : Political Science
Languages : en
Pages : 240
Book Description
Chief Justice John Roberts stunned the nation by upholding the Affordable Care Act--more commonly known as Obamacare. But legal experts observed that the decision might prove a strategic defeat for progressives. Roberts grounded his decision on Congress's power to tax. He dismissed the claim that it is allowed under the Constitution's commerce clause, which has been the basis of virtually all federal regulation--now thrown in doubt. In The Tough Luck Constitution and the Assault on Health Care Reform, Andrew Koppelman explains how the Court's conservatives embraced the arguments of a fringe libertarian legal movement bent on eviscerating the modern social welfare state. They instead advocate what Koppelman calls a "tough luck" philosophy: if you fall on hard times, too bad for you. He argues that the rule they proposed--that the government can't make citizens buy things--has nothing to do with the Constitution, and that it is in fact useless to stop real abuses of power, as it was tailor-made to block this one law after its opponents had lost in the legislature. He goes on to dismantle the high court's construction of the commerce clause, arguing that it almost crippled America's ability to reverse rising health-care costs and shrinking access. Koppelman also places the Affordable Care Act within a broader historical context. The Constitution was written to increase central power, he notes, after the failure of the Articles of Confederation. The Supreme Court's previous limitations on Congressional power have proved unfortunate: it has struck down anti-lynching laws, civil-rights protections, and declared that child-labor laws would end "all freedom of commerce, and . . . our system of government [would] be practically destroyed." Both somehow survived after the court revisited these precedents. Koppelman notes that the arguments used against Obamacare are radically new--not based on established constitutional principles. Ranging from early constitutional history to potential consequences, this is the definitive postmortem of this landmark case.