June 2011
ASLME Insider: Your Health Law Home
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In This Issue
Call for Papers: Conflicts of Interest in the Practice of Medicine
Announcements
Law Professor Authors New Book on Bioethics and Disability Rights
ASLME Celebrates TWO Milestones
Welcome to our New Interns
Society Scoop
Conferences and Events
5th Annual Student Health Law Conference: Taking the Health Law Career Path
34th Annual Health Law Professors Conference Wrap-Up
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Update from JLME
AJLM Call for Papers
Where in the World is JLME?
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Article of the Month


Each month ASLME Insider reader can download the "Article of the Month" free of charge!

Selected by the editors of JLME, this month's article is "End-of-Life Care: A Philosophical or Management Problem?" by Daniel Callahan. Please click here to read this month's featured article.


AJLM Call for Papers




Announcing: American Journal of Law & Medicine 2012 Symposium, Vol. 38


CALL FOR PAPERS

Topic: The 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.

Topic Overview:
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 ajlmsymposium@gmail.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.

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