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During the 1960s a group of lawyers - in collaboration with welfare recipient activists - mounted a legal campaign to create a constitutional right to welfare. This book tells the behind-the-scenes story of that campaign - the strategies, successes, failures and frustrations.
Building and expanding upon the prior edition of Essentials of Health Justice, the new second edition of this unparalleled text explores the historical, structural, and legal underpinnings of racial, ethnic, gender-based, and ableist inequities in health, and provides a framework for students to consider how and why health inequity is tied to the ways that laws are structured and enforced. Additionally, it offers analysis of potential solutions and posits how law may be used as a tool to remedy health injustice. Written for a wide, interdisciplinary audience of students and scholars in public health, medicine, and law, as well as other health professions, this accessible text discusses both the systems and policies that influence health and explores opportunities to advocate for legal and policy change by public health practitioners and policymakers, physicians, health care professionals, lawyers, and lay people.
In 1973, a group of California lawyers formed a non-profit, public-interest legal foundation dedicated to defending conservative principles in court. Calling themselves the Pacific Legal Foundation, they declared war on the U.S. regulatory state--the sets of rules, legal precedents, and bureaucratic processes that govern the way Americans do business. Believing that the growing size and complexity of government regulations threatened U.S. economy and infringed on property rights, Pacific Legal Foundation began to file a series of lawsuits challenging the government's power to plan the use of private land or protect environmental qualities. By the end of the decade, they had been joined in this effort by spin-off legal foundations across the country. The Other Rights Revolution explains how a little-known collection of lawyers and politicians--with some help from angry property owners and bulldozer-driving Sagebrush Rebels--tried to bring liberal government to heel in the final decades of the twentieth century. Decker demonstrates how legal and constitutional battles over property rights, preservation, and the environment helped to shape the political ideas and policy agendas of modern conservatism. By uncovering the history--including the regionally distinctive experiences of the American West--behind the conservative mobilization in the courts, Decker offers a new interpretation of the Reagan-era right.
No developed nation relies exclusively on the private sector to finance health care for citizens. This book begins by exploring the deficiencies in private health insurance that account for this. It then recounts the history and examines the legal character of America's public health care entitlements - Medicare, Medicaid, and tax subsidies for employment-related health benefits. These programs are increasingly embattled, attacked by those advocating privatization (replacing public with private insurance); individualization (replacing group and community-based insurance with approaches based on individual choice within markets); and devolution (devolving authority over entitlements to state governments and to private entities). Jost critically analyzes this movement toward disentitlement. He also examines the primary models for structuring health care entitlements in other countries - general taxation-funded national health insurance and social insurance - and considers what we can learn from these models. The book concludes by describing what an American entitlement-based health care system could look like, and in particular how the legal characteristics of our entitlement programs could be structured to support the long-term sustainability of these vital programs.