Author Archives
Lawrence Gostin, JD, is University Professor at Georgetown, Faculty Director of the O'Neill Institute for National and Global Health Law, and Director of the WHO Collaborating Center on Public Health Law & Human Rights.
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JAMA Forum: The Clash Between Industry and Civil Society Over Generic Drugs
On April 1, India’s Supreme Court ruled against drug company Novartis regarding its claim for a patent on the lucrative and widely used cancer drug imatinib (marketed by Novartis as Gleevec in the United States and as Glivec elsewhere). To… Read More ›
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JAMA Forum: The New York City “Soda Wars”: Public Health vs Paternalism
New York City mayor Michael Bloomberg has been busy burnishing his legacy as a fierce public health advocate. He banned smoking in public places, restricted trans fats in restaurants, created sanitary grading in restaurants, required calorie counts to be posted… Read More ›
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JAMA Forum: The Anti-Prostitution “Loyalty Oath”
Can the US Congress require AIDS service organizations working abroad to pledge fidelity to the government’s opposition to prostitution and sex trafficking as a condition of receiving funding? The US Supreme Court recently announced that it will address this question… Read More ›
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JAMA Forum: Women’s Health, Contraception, and the Freedom of Religion
Although the 2012 Presidential election settled many issues related to the health care law, there is one that will linger well into President Obama’s second term: contraception and religious freedom. The Affordable Care Act (ACA) requires employers to provide women… Read More ›
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JAMA Forum: How Realistic Is Romney’s Pledge to “Repeal and Replace” the Affordable Care Act?
Governor Romney has variously pledged to either “repeal and replace” the Affordable Care Act (ACA) or not to fully implement the key provisions in the act if he is elected. Republican supporters and funders have insisted that he remain faithful… Read More ›
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JAMA Forum: The Political Third Rail of Controlling the Soaring Costs of Health Care
As the 2012 presidential election approaches, the political debates on health care reform are consistently confused, often conflating the critical dimensions of any well-functioning health care system: access, equity, cost, quality, and choice.
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JAMA Forum: The Perverse Effects of Corporate “Speech” on the Health Reform Debate
There are very few Supreme Court cases that are as consequential and controversial as National Federation of Independent Business v Sebelius, the recent challenge to the Affordable Care Act (ACA), and Citizens United v Federal Election Commission, which struck down… Read More ›
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JAMA Forum: Physicians’ First Amendment Rights to Discuss Firearms With Patients Upheld in Florida
A federal judge has ruled that the state of Florida may not enforce a “firearm gag rule”—a law backed by the National Rifle Association (NRA) that banned physicians practicing in the state from discussing gun ownership with their patients.
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JAMA Forum: With Medicaid Expansion, Will the ACA Achieve Its Vision of Near-Universal Coverage?
The Supreme Court’s decision last week on the constitutionality of the Affordable Care Act (ACA) has been acclaimed as a victory for health care reform, as well as for President Obama. A critical part of the decision, however, goes to… Read More ›
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JAMA Forum: The Legal Reasoning That Preserved ACA’s Individual Mandate
When the Supreme Court handed down its historical ruling in National Federation of Independent Business v Sebelius on June 28, it limited Congress’ power to penalize states that decline to expand Medicaid but upheld all of the other provisions of… Read More ›
