Announcing: American Journal
of Law & Medicine 2012 Symposium, Vol. 38
CALL FOR PAPERS
American Right to Health: Constitutional,
Statutory, and Contractual Healthcare Rights in the United States
The American Journal of Law & Medicine will
hold its annual symposium on January 28, 2012.
The symposium will focus on the following question: What rights and freedoms do Americans have with respect to their
healthcare, and what impact will those rights and freedoms have in litigation
over the constitutionality of the Patient Protection and Affordable Care Act
(ACA)? Please send a one page abstract of your research proposal to AJLM by
July 1, 2011. We will confirm acceptance
by July 15, 2011. The AJLM’s cumulative impact factor is
.81 (2003-2010), which is the second highest amongst all specialized health law
journals. All papers will receive
comments from peer reviewers.
With the successful passage of the ACA in 2010,
Congress controversially overhauled America’s health care system. The ACA’s sweeping reform limits rescissions
of health insurance coverage, prohibits exclusions for preexisting conditions, guarantees
an external appeals process for adverse benefit determinations, ensures the
coverage of minimum essential benefits, and mandates that individuals maintain
minimal essential coverage.
Almost immediately, several of the ACA’s opponents
challenged the individual mandate’s constitutionality, arguing that the new law
violates structural constitutional constraints, particularly federalism norms. Despite the litigation’s focus on structural
constraints, opponents’ primary concern—as revealed in media campaigns and
electoral pleas—seems to be with the law’s substance, particularly the notion
that government might be allowed to force individuals to buy health insurance. With four separate appellate cases already
underway, the ACA’s fate appears likely to reach the Supreme Court.
Many questions surround the interplay of structure
and substance in the ACA litigation. Do
Americans have a substantive right to direct their own healthcare—or their own
health insurance? Do states have a right
to form their own healthcare laws and systems relatively free from federal
control? If the Supreme Court
invalidates the ACA on structural grounds, will that invalidation suffice to
protect the individual freedoms that ACA opponents seek to protect? Should
Americans have a positive right—whether constitutional or statutory—to access
healthcare, and what should the answer to that question mean for the ACA?
Please send a one page abstract, as well as complete
contact information, to email@example.com by July 1, 2011. Selected authors will be notified by July 15, 2011.
Full-length articles should be submitted by December
2011 for inclusion in the symposium.
AJLM pays the reasonable travel expenses for invited authors.