التفاصيل البيبلوغرافية
| العنوان: |
Federal Administrative Health Courts Are Unconstitutional: A Reply to Elliott, Narayan, and Nasmith. |
| المؤلفون: |
Widman, Amy, Hochberg, Francine A. |
| المصدر: |
Journal of Health Politics, Policy & Law; Aug2008, Vol. 33 Issue 4, p799-832, 34p |
| مصطلحات موضوعية: |
FEDERAL government, JUSTICE administration, MEDICAL malpractice, INTERSTATE commerce, COMMON law |
| مصطلحات جغرافية: |
UNITED States |
| مستخلص: |
This commentary responds to the essay by Elliott, Narayan, and Nasmith wherein they propose that the federal government may preclude plaintiffs with medically inflicted injuries from bringing state common-law tort claims against those whose negligence caused their injury. The administrative system championed by Elliott and other proponents is a radical departure from the current civil justice system. Specifically, we argue that the administrative health courts, as proposed, violate the commerce clause, the spending clause, the Seventh Amendment, and separation of powers principles. The commentary concludes that such a system is fatally flawed and cannot withstand constitutional scrutiny. Moreover, we are not persuaded that Congress will be able to ground such a radical constitutional restructuring in any sound public policy, as the majority of studies do not evidence Elliott, Narayan, and Nasmith's presumption that the civil justice system has failed in the medical mal-practice context. [ABSTRACT FROM AUTHOR] |
|
Copyright of Journal of Health Politics, Policy & Law is the property of Duke University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) |
| قاعدة البيانات: |
Complementary Index |
