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Health Law and Policy Commons

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Full-Text Articles in Health Law and Policy

An Administrative Law Perspective On Government Social Service Contracts: Outsourcing Prison Health Care In New York City, Alfred C. Aman Jul 2007

An Administrative Law Perspective On Government Social Service Contracts: Outsourcing Prison Health Care In New York City, Alfred C. Aman

Indiana Journal of Global Legal Studies

This paper explores how administrative law can mitigate the democracy deficit that may occur when privatization shifts political debate into relatively private arenas, changes its focus, or precludes debate altogether.I t also argues that the prevailing form and key terms of globalization in the United States derive from neo-liberalism, particularly in the binary division of public/private and their conflation with legal regulation and market responsiveness, respectively. This paper centers specifically on a case study involving the outsourcing of health care for prisoners by a private, for-profit health care provider, Prison Health Services, using it as a means for ...


Architecture Amidst Anarchy: Global Health's Quest For Governance, David Fidler Jan 2007

Architecture Amidst Anarchy: Global Health's Quest For Governance, David Fidler

Articles by Maurer Faculty

Increased concern about global health has focused attention on governance questions, and calls for new governance architecture for global health have appeared. This article examines the growing demand for such architecture and argues that the architecture metaphor is inapt for understanding the challenges global health faces. In addition to traditional problems experienced in coordinating State behavior, global health governance faces a new problem, what I call “open-source anarchy.” The dynamics of open-source anarchy are such that States and non-State actors resist governance reforms that would restrict their freedom of action. In this context, what is emerging is not governance architecture ...


Xdr Tuberculosis, The New International Health Regulations, And Human Rights, David P. Fidler, Philippe Calain Jan 2007

Xdr Tuberculosis, The New International Health Regulations, And Human Rights, David P. Fidler, Philippe Calain

Articles by Maurer Faculty

No abstract provided.


Extensively Drug-Resistant Tuberculosis: An Isolation Order, Public Health Powers, And A Global Crisis, David P. Fidler, Howard Markel, Lawrence O. Gostin Jan 2007

Extensively Drug-Resistant Tuberculosis: An Isolation Order, Public Health Powers, And A Global Crisis, David P. Fidler, Howard Markel, Lawrence O. Gostin

Articles by Maurer Faculty

No abstract provided.


Governing Catastrophes: Security, Health And Humanitarian Assistance, David P. Fidler Jan 2007

Governing Catastrophes: Security, Health And Humanitarian Assistance, David P. Fidler

Articles by Maurer Faculty

Recent catastrophes, and predictions of an increasing potential for more, have stimulated thinking about the best policy responses to these threats. This article explores how security concepts influence catastrophe governance. The article considers how globalization affects thinking about catastrophes and describes ways in which catastrophes have been conceptualized as governance challenges, such as the human rights approach to the provision of health and humanitarian assistance. The article explains how health and humanitarian assistance experienced ‘‘securitization’’ in the post-cold war period, a development that challenges rights-based strategies and creates complex and controversial implications for the prevention, protection and response functions of ...


Sharing H5n1 Viruses To Stop A Global Influenza Pandemic, David P. Fidler, Laurie Garrett Jan 2007

Sharing H5n1 Viruses To Stop A Global Influenza Pandemic, David P. Fidler, Laurie Garrett

Articles by Maurer Faculty

No abstract provided.


Reflections On The Revolution In Health And Foreign Policy, David P. Fidler Jan 2007

Reflections On The Revolution In Health And Foreign Policy, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Foreign Policy, Trade And Health: At The Cutting Edge Of Global Health Diplomacy, David P. Fidler, Nick Drager Jan 2007

Foreign Policy, Trade And Health: At The Cutting Edge Of Global Health Diplomacy, David P. Fidler, Nick Drager

Articles by Maurer Faculty

No abstract provided.


Biosecurity Under The Rule Of Law, David Fidler, Lawrence O. Gostin Jan 2007

Biosecurity Under The Rule Of Law, David Fidler, Lawrence O. Gostin

Articles by Maurer Faculty

No abstract provided.


Through The Quarantine Looking Glass: Drug-Resistant Tuberculosis And Public Health Governance, Law, And Ethics, David P. Fidler, Lawrence O. Gostin, Howard Markel Jan 2007

Through The Quarantine Looking Glass: Drug-Resistant Tuberculosis And Public Health Governance, Law, And Ethics, David P. Fidler, Lawrence O. Gostin, Howard Markel

Articles by Maurer Faculty

No abstract provided.