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Author: Erin Ryan
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This month, the Supreme Court will decide what some believe will be among the most important cases in the history of the institution. In the 'Obamacare' cases, the Court considers whether the Affordable Care Act ('ACA') exceeds the boundaries of federal authority under the various provisions of the Constitution that establish the relationship between local and national governance. Its response will determine the fate of Congress's efforts to grapple with the nation's health care crisis, and perhaps other legislative responses to wicked regulatory problems like climate governance or education policy. Whichever way the gavel falls, the decisions will likely impact the upcoming presidential and congressional elections, and some argue that they may significantly alter public faith in the Court itself. But from the constitutional perspective, they are important because they will speak directly to the interpretive problems of federalism that have ensnared the architects, practitioners, and scholars of American governance since the nation's first days. This very short essay explains the battle over Obamacare in terms of the classic American federalism debates, and proposes a better way of analyzing this and all federalism issues, drawing from a new book. (Different versions of this essay were cross-posted to RegBlog, the American Constitution Society Blog, and the Environmental Law Profs Blog on June 21, 2012.).
Author: Erin Ryan
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This month, the Supreme Court will decide what some believe will be among the most important cases in the history of the institution. In the 'Obamacare' cases, the Court considers whether the Affordable Care Act ('ACA') exceeds the boundaries of federal authority under the various provisions of the Constitution that establish the relationship between local and national governance. Its response will determine the fate of Congress's efforts to grapple with the nation's health care crisis, and perhaps other legislative responses to wicked regulatory problems like climate governance or education policy. Whichever way the gavel falls, the decisions will likely impact the upcoming presidential and congressional elections, and some argue that they may significantly alter public faith in the Court itself. But from the constitutional perspective, they are important because they will speak directly to the interpretive problems of federalism that have ensnared the architects, practitioners, and scholars of American governance since the nation's first days. This very short essay explains the battle over Obamacare in terms of the classic American federalism debates, and proposes a better way of analyzing this and all federalism issues, drawing from a new book. (Different versions of this essay were cross-posted to RegBlog, the American Constitution Society Blog, and the Environmental Law Profs Blog on June 21, 2012.).
Author: Professor Erin Ryan
Publisher: Oxford University Press
ISBN: 0199876339
Category : Law
Languages : en
Pages : 429
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Book Description
Federalism and the Tug of War Within explores how constitutional interpreters reconcile the competing values that underpin American federalism, with real consequences for governance that require local and national collaboration. Drawing examples from Hurricane Katrina, climate governance, health care reform, and other problems of local and national authority, author Erin Ryan demonstrates how the Supreme Court's federalism jurisprudence can inhibit effective inter-jurisdictional governance by failing to navigate the tensions within federalism itself. The Constitution's dual sovereignty directive fosters an ideal set of good governance values, including checks and balances, accountability, local autonomy, and local and national synergy, that are nevertheless in constant competition. This inherent "tug of war" is responsible for the epic instability in the Court's federalism jurisprudence, but it is poorly understood. With new conceptual vocabulary to wrestle with old dilemmas, Ryan traces the development of federalism's tug of war, and proposes innovations to manage judicial, legislative, and executive efforts with more focus. Her analysis clarifies how the tug of war is already mediated through balancing, compromise, and negotiation. She proposes a Balanced Federalism model that mediates tensions on three separate planes: fostering balance among competing federalism values, leveraging the functional capacities of the three branches in interpreting federalism, and maximizing the wisdom of both state and federal actors in so doing. The new framework better harmonizes values that-though in tension-have made the American system of government so effective and enduring.
Author: David Milne
Publisher: James Lorimer & Company
ISBN: 9780888629777
Category : Political Science
Languages : en
Pages : 292
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Book Description
First published in 1986, Tug of War offers an analytical look at power struggles between provincial and federal governments during the 1980s. With one provincial government urging secession, another attacking Ottawa's energy policies by deliberately limiting the flow of oil to the rest of the country, and the national government intent on ratifying a new Constitution with or without provincial assent, Canadian governments faced the 1980s in fighting form. A witty, relentless but fair-minded analyst, Milne strips away partisan rhetoric, and offers a close examination of the ebb and flow of Canadian politics in the first half of the 1980s.
Author: Barbara Cameron
Publisher: UBC Press
ISBN: 0774868066
Category : Social Science
Languages : en
Pages : 391
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Book Description
Feminism’s Fight explores and assesses feminist strategies to advance gender justice through Canadian federal policy over the past fifty years, from the 1970 Report of the Royal Commission on the Status of Women to the present. This timely collection tells the crucial story of a transformation in how feminism has been treated by governments and asks how new ways of organizing and new alliances can advance a transformative feminist policy agenda of social and economic equality.
Author: I. Glenn Cohen
Publisher: Oxford University Press
ISBN: 0199366527
Category : Law
Languages : en
Pages : 1233
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Book Description
The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, how it compares to the experience of other countries, and the legal framework for the patient experience. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policy in health law.
Author: Greene, H. Carol
Publisher: IGI Global
ISBN: 1799827895
Category : Social Science
Languages : en
Pages : 525
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Book Description
Rural poverty encompasses a distinctive deprivation in quality of life related to a lack of educational support and resources as well as unique issues related to geographical, cultural, community, and social isolation. While there have been many studies and accommodations made for the impoverished in urban environments, those impoverished in rural settings have been largely overlooked and passed over by current policy. The Handbook of Research on Leadership and Advocacy for Children and Families in Rural Poverty is an essential scholarly publication that creates awareness and promotes action for the advocacy of children and families in rural poverty and recommends interdisciplinary approaches to support the cognitive, social, and emotional needs of children and families in poverty. Featuring a wide range of topics such as mental health, foster care, and public policy, this book is ideal for academicians, counselors, social workers, mental health professionals, early childhood specialists, school psychologists, administrators, policymakers, researchers, and students.
Author: G. Bruce Doern
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773530140
Category : Business & Economics
Languages : en
Pages : 280
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Book Description
"In the twenty-sixth edition of How Ottawa Spends, leading Canadian academics assess the Martin cabinet and the political dilemmas involved in managing the first minority government since 1979."--BOOK JACKET.
Author: Nico Steytler
Publisher: Routledge
ISBN: 1000471365
Category : Political Science
Languages : en
Pages : 427
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Book Description
This comprehensive scholarly book on comparative federalism and the Covid-19 pandemic is written by some of the world’s leading federal scholars and national experts. The Covid-19 pandemic presented an unprecedented emergency for countries worldwide, including all those with a federal or hybrid-federal system of government, which account for more than 40 per cent of the world’s population. With case studies from 19 federal countries, this book explores the core elements of federalism that came to the fore in combatting the pandemic: the division of responsibilities (disaster management, health care, social welfare, and education), the need for centralisation, and intergovernmental relations and cooperation. As the pandemic struck federal countries at roughly the same time, it provided a unique opportunity for comparative research on the question of how the various federal systems responded. The authors adopt a multidisciplinary approach to question whether federalism has been a help or a hindrance in tackling the pandemic. The value of the book lies in understanding how the Covid-19 pandemic affected federal dynamics and how it may have changed them, as well as providing useful lessons for how to combat such pandemics in federal countries in the future. This book will be of great interest to students and scholars of politics and international relations, comparative federalism, health care, and disaster management. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author: Management Association, Information Resources
Publisher: IGI Global
ISBN: 1799889610
Category : Medical
Languages : en
Pages : 840
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Book Description
Public health has become an essential area of focus in terms of the way it operates, the services offered, policies, and more. Maintaining an effective public health system and infrastructure, updated and useful policies, and health literacy are primary concerns. A critical analysis of public healthcare policy and services is critical to accommodate the changing health demands of the global population. Through a deeper understanding of the way public health services are offered, a look into policymaking and current policies in healthcare, and the way health literacy and health education are promoted, the current state and future of public health are acknowledged. The Research Anthology on Public Health Services, Policies, and Education presents a view of public health through an analysis of healthcare services and delivery; policies in terms of policymaking, ethics, and governance; as well as the way society is educated on public health affairs. The chapters will cover a wide range of issues such as healthcare policy, health literacy, healthcare reform, accessibility, public welfare, and more. This book is essential for public health officials, government officials, policymakers, teachers, medical professionals, health agencies and organizations, professionals, researchers, academics, practitioners, and students interested in the current state of public health and the improvement of public health services and policies for the future.
Author: Cathy MacNeil
Publisher: FriesenPress
ISBN: 103916126X
Category : Medical
Languages : en
Pages : 373
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Book Description
Canada’s public health care system is under attack. Defunding, deregulating, defrauding, and deliberate disintegration have manipulated Canadians into despising their once-beloved system as unsustainable, unfixable, and cost-prohibitive. There is a reason for that. Neoliberalism has the rescue medication locked within its assault armamentarium—privatization. The last stage of the takedown has begun and the slow but steady infusion of privatization now flows unobstructed through the veins of Medicare. Dying to be Seen lays out the deleterious effects of such an attack and how it is impacting every stakeholder in Canada’s Medicare system. For health care policymakers, the book outlines the urgency of the constructive, evidence-based action that is required to save the system. For administrators, it sheds light on why the current solutions have failed. For law makers and governments, the book is an urgent warning to rearrange the status quo to divorce political expediency from sound policy or suffer the dire consequences. For average Canadians, it is a call to arms to save Canada’s universal, egalitarian Medicare program from sliding into the cruel, profit-driven system that bedevils their neighbours to the south. A clarion call for change, Dying to be Seen traces the origins of Medicare and offers a glimpse of what Canadians can expect to happen if we decide not to intervene now. It also offers real, implementable, solutions to save Canada’s cherished public health care system and emphasizes the urgency of acting on them.
