The Jacobson Question: Individual Rights, Expertise, and Public Health Necessity
In: COVID-19 and the Law: Disruption, Impact, and Legacy, (Edited by I. Glenn Cohen, Abbe R. Gluck, Katherine L. Kraschel, Carmel Shachar), (Forthcoming 2023).
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In: COVID-19 and the Law: Disruption, Impact, and Legacy, (Edited by I. Glenn Cohen, Abbe R. Gluck, Katherine L. Kraschel, Carmel Shachar), (Forthcoming 2023).
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In: Burris, S., de Guia, S., Gable, L., Levin, D.E., Parmet, W.E., Terry, N.P. (Eds.) (2021). COVID-19 Policy Playbook: Legal Recommendations for a Safer, More Equitable Future. Boston: Public Health Law Watch.
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In: 19 Yale Journal of Health Policy, Law & Ethics 50 (2020).
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In: 79 Ohio State Law Journal 843 (2018)
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In: Houston Journal of Health Law and Policy, Band 16
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In: 46 Conn. L. Rev. 1877 (2014)
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In: 24 Cornell Journal of Law and Public Policy 47 (2014)
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In: 11 Indiana Health Law Review 642 (2014)
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In: 9 Journal of Food Law and Policy 61 (2013)
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In: 47 U.C. Davis L. Rev. 121 (2013)
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In: Georgetown Law Faculty Publications Research Paper No. 1489564
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In: Feminist judgments series
"This book demonstrates how feminist analysis can transform law in a field where paternalism, individualism, gender stereotypes, and tensions over the public-private divide shape judicial decisions. Each chapter focuses on a single court decision related to health law. The decisions concern patient autonomy, informed consent, medical and nursing malpractice, the relationships among health care professionals and the institutions where they work, communications between health care providers and the patients they serve, end-of-life care, reproductive health care, biomedical research, ownership of human tissues and cells, the influence of religious directives on health care standards, health care discrimination, equitable access to long-term care in nursing homes, equitable access to community-based alternatives, private health insurance, Medicaid coverage, the Affordable Care Act, and more. Each chapter begins with a commentary from a scholar who puts the case in historical context, summarizes the original opinion, discusses what makes the rewritten opinion feminist, and describes how a feminist approach might have altered subsequent developments in health law. The feminist judgments take the form of rewritten majority opinions, concurrences, and dissents. The opinion authors are scholars who inhabit the role of a judge deciding the case. They rely exclusively on the factual record, precedents, and scientific understanding available at the time of the original decision to show how a judge with a feminist perspective could have adjudicated the matter differently"--
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