The interdisciplinary aim of the Center is reflected through the wide spectrum of the Center’s work. Our faculty, scholars in residence, and students conduct research, produce publications in legal journals as well as periodicals that connect with the broader health care community, and write amicus briefs in some of the most important health law cases of our time. With established relationships with the Yale School of Medicine, Yale Cancer Center, Yale-New Haven Hospital, Yale School of Management, and Yale Interdisciplinary Center for Bioethics, the Solomon Center serves as the University’s hub for interdisciplinary efforts to improve health care.

Learn about Center projects, our periodic newsletter, and scholarship by our faculty and affiliates, as well as students.

 

Amicus Briefs

King v. Burwell, Brief for Professors Thomas W. Merrill, Gillian E. Metzger, Abbe R. Gluck, and Nicholas Bagley as Amici Curiae Supporting Respondents (2015). (PDF)

U.S. Department of Health and Human Services v. Florida, Brief of 104 Health Law Professors as Amici Curiae in Support of Petitioners (2012). (PDF)

 

Submissions on Laws & Regulations

Comments to the U.S. Department of Health & Human Services (HHS) responding to a proposed rule to modify regulations concerning Merit-based Incentive Payment System (MIPS) to include incentives for patient screening for health-harming legal needs. (PDF)

Comments to the U.S. Department of Health & Human Services (HHS) responding to a proposed rule to modify regulations concerning the Health Insurance Marketplaces provided under the Patient Protection and Affordable Care Act (ACA). (PDF

Submission on South Africa's Intellectual Property Consultative Framework (2016). (PDF)

 


Health Affairs Partnership

The Solomon Center has a strong partnership with Health Affairs, disseminating the Center’s work at the intersection of health care and policy. This has included Health Affairs co-sponsoring the Center’s annual conference and posting pieces from faculty, students, and conference participants leading up to and following the event. Additionally, Solomon Center affiliates and students regularly publish with Health Affairs.

Pieces published in 2017 include:

Pieces published in 2016 include:

For the 2015 conference, "The New Health Care Industry," Health Affairs posted 15 pieces.

For the 2014 conference, “The Law of Medicare and Medicaid at Fifty,” Health Affairs posted the following pieces:

 


Medicare and Medicaid 50 Special Volume

Coming out of its 2014 Conference, the Center produced a special volume of the Yale Journal of Health Policy, Law, and Ethics (YJHPLE), “The Law of Medicare and Medicaid at 50” to mark the anniversary of these two landmark programs. To view the volume, click here.

 


Faculty and Affiliate Publications

Jason Levitis and Stuart M. Butler, Elements of a Compromise on State Innovation Waivers, Brookings (Sept 2017)

Sudhakar Nuti, Yun Wang, Frederick Masoudi, et al, Quality of Care in the United States Territories, 1999 - 2012, Medical Care (pp 886-892) Wolters Kluwer (Oct 2017)

Howard Forman, "The Way We Pay Doctors Is Hurting Health Care." The Wall Street Journal (Sept 2017)

Tamar Ezer with Alphia Abdikeeva and Martin McKee , "Legal Advocacy as a Tool to Advance Roma Health." Health Economics, Policy and Law (pp. 1 - 14) Cambridge University Press (Sept 2017)

Joseph J. Finn, "How an Artist Inspires My Mission to Fight for the Civil Rights of People with Severe Brain Injuries." STAT (Sept 2017)

Jason Levitis, "Changes to State Innovation Waivers in Senate's 'Skinny Bill' Still Raise Serious Concerns." Brookings (Aug. 2017)

Claudia E. Haupt, "Religious Outliers: Professional Knowledge Communities, Individual Conscience Claims, and the Availability of Professional Services to the Public." Law, Religion, and Health in the United States (pp. 173 - 186) Cambridge University Press (2017 Forthcoming)

Abbe R. Gluck (YLS '00) "The Hypocrisy of the 'Skinny' Repeal: The Republicans Themselves Said It Would be Disastrous." (July 2017). 

Joseph J. Fins, "When Pat and Bob Nearly Saved Health Care Reform: A lesson in Senatorial bedside manner." The Conversation (July 2017). 

Jason Levitis, "Revised Senate Health Care Bill Doesn't Fix Concerns About State Innovation Waivers," Brookings (July 2017).

Howard Forman, "How to Keep Emergency Rooms Focused on True Emergencies," The Wall Street Journal (June 2017).

Jason Levitis, "Changes to State Innovation Waivers in the Senate Health Bill Undermine Coverage and Open the Door to Misuse of Federal Funds," Brookings (June 2017).

Jason Levitis, with Stuart M. Butler, "Want States to Have Health Reform Flexibility? The ACA Already Does That," Brookings (June 2017).

Joseph J. Fins, with Joan M. Leiman and Herbert Pardes, "Primum non nocere: Daniel Patrick Moynihan and the Defense of Academic Medicine," The Pharos (June 2017).

Abbe R. Gluck (YLS '00), "How the G.O.P. Sabotaged Obamacare," NY Times (May 2017).

Joseph J. Fins, with Robert N. Swindler, "A Proposal to Restore Medical Futility as a Clinical Basis for a DNR Order Under New York Law," NYSBA Health Law Journal (Apr. 2017). 

Abbe R. Gluck (YLS '00), "Goodbye, US Senate," LA Times (Apr. 2017).

Megan S. Wright (YLS '16), Michael R. Ulrich, Joseph J. Fins, "Guardianship and Clinical Research Participation: The Case of Wards with Disorders of Consciousness," 27(1) Kennedy Institute of Ethics Journal 43 (Mar. 2017).

Joseph J. Fins, "Senators Should Question Gorsuch about Views on 'Right to Die,'" The Hill (Mar. 2017). 

Jason A. Levitis (YLS '05), "By Failing to Account for Regional Cost Differences, the GOP Health Care Plan Hurts Red States," Vox (Mar. 2017).

Joseph J. Fins, "Los comités éticos, los consultores clínicos y la convivencia," Médicos y Pacientes.com (Mar. 2017).

Abbe R. Gluck (YLS '00), with Sherry Glied, "If the Republicans Aren't Confident Enough to Let the CBO Score their Healthcare Plan, They Shouldn't Try to Pass it," LA Times (Mar. 2017). 

Abbe R. Gluck (YLS '00), "America Needs to Decide: Is Health Care Something We Owe Our Citizens?" Vox (Mar. 2017).

Abbe R. Gluck (YLS '00), "GOP Sabotaged Obamacare," The Philadelphia Inquirer (Mar. 2017).

Abbe R. Gluck (YLS '00), with Benjamin W. Veghte, Elliot Schreur, and Alexandra L. Bradley (eds.), "Report to the New Leadership and the American People on Social Insurance and Inequality," National Academy of Social Insurance Report (Jan. 2017). 

Joseph J. Fins, "Why Advances in Treating Those with Brain Injury Require Advances in Respecting their Rights," The Huffington Post (Jan. 2017).

Megan Wright (YLS ’16), with Joseph J. Fins, “Rehabilitation, Education, and the Integration of Individuals with Severe Brain Injury into Civil Society:  Towards an Expanded Rights Agenda in Response to New Insights from Translational Neuroethics and Neuroscience,” 16 Yale Journal of Health Policy, Law, and Ethics 233 (Aug. 2016).

Tamar Ezer, with Priti Patel, "Advancing Public Health Through Strategic Litigation: Lessons From Five Countries," Open Society Foundations Report (June 2016).

Bonnie Kaplan, "How Should Health Data Be Used? Privacy, Secondary Use, and Big Data Sales," 25 Cambridge Quarterly of Healthcare Ethics 312 (Apr. 2016).

"A New Deal for Old Age: Toward a Progressive Retirement," book written by Anne L. Alstott, Harvard University Press (Mar. 2016).

Mark Barnes, with Bernard Lo "Federal Research Regulations for the 21st Century," 374 New England Journal of Medicine 1205 (Mar. 2016).

Aaron S. Kesselheim and Christopher T. Robertson, "Blinding as a Solution to Bias: Strengthening Biomedical Science, Forensic Science, and Law" (Jan. 2016).

Abbe R. Gluck (YLS '00), "Imperfect Statutes, Imperfect Courts: Understanding Congress’s Plan in the Era of Unorthodox Lawmaking," 129 Harvard Law Review 62 (Nov. 2015).

Michael R. Ulrich, "The Impact of Law on the Right to Water and Adding Normative Change to the Global Agenda,” 48 George Washington International Law Review 43 (Oct. 2015).

Joseph J. Fins, “Rights Come to Mind: Brain Injury, Ethics, and the Struggle for Consciousness,” Cambridge University Press (Aug. 2015).

Tamar Ezer, with Ryan Quinn, “Justice Programs for Public Health: A Good Practice Guide,” Open Society Foundations Report (July 2015).

Jacob S. Hacker, "Out of Balance: Medicare, Interest Groups, and American Politics," 39 Generations: Journal of the American Society on Aging (June 2015).

Jacob S. Hacker, "From Servant to Master? Medicare, Cost Control, and the Future of American Health Care," in Alan Cohen et al., eds., Medicare and Medicaid at 50: America's Entitlement Programs in the Age of Affordable Care, New York: Oxford (June 2015).

Mark A. Hall, “King v. Burwell – ACA Armageddon Averted,” 373 New England Journal of Medicine 497 (June 2015).

Mark A. Hall, with Jacob Perrin, “Irregular Migrant Access to Care: Mapping Public Policy Rationales,” 8 Public Health Ethics 130 (June 2015).

Stephen R. Latham, “Professionalization of Clinical Ethics Consultation: Defining (Down) the Code,” 15 American Journal of Bioethics 54 (May 2015).

Stephen R. Latham, “’Aid in Dying’ in the Courts,” 45 Hastings Center Report 11 (May 2015).

Joseph J. Fins, “Nanotechnology, Neuromodulation & the Immune Response: Discourse, Materiality & Ethics,” 17 Biomedical Microdevices 27 (Apr. 2015).

Joseph J. Fins, “Ideology and Microbiology: Ebola, Science, and Deliberative Democracy,” 15 American Journal of Bioethics 1 (Apr. 2015).

Abbe R. Gluck (YLS '00), “Why Health Law Lawyers Must Be Public-Law Lawyers: Health Law in the Age of the Modern Regulatory State,” 18 Journal of Health Care Law and Policy 323 (Jan. 2015).

Michael R. Ulrich, “Challenges for People With Disabilities Within the Health Care Safety Net,” 15 Yale Journal of Health Policy, Law, and Ethics 247 (Jan. 2015).

Tom Tyler, et al., "Aggressive Policing and the Mental Health of Young Urban Men," 12 American Journal of Public Health Vol. 104 (Dec. 2014).

Abbe R. Gluck (YLS '00), “Symposium Introduction: The Law of Medicare and Medicaid at Fifty", 15 Yale Journal of Health Policy, Law, and Ethics 1 (Nov. 2014).

Abbe R. Gluck (YLS '00), “What 30 Years of Chevron Teaches Us About the Rest of Statutory Interpretation,” 83 Fordham Law Review 607 (Nov. 2014).

Mark A. Hall, “Disingenuous: The Latest Legal Challenges to Insurance Market Reforms,” 44 Hastings Center Report 6 (Sept. 2014).

Mark A. Hall, “States’ Decisions Not to Expand Medicaid,” 92 North Carolina Law Review 1459 (June 2014).

Abbe R. Gluck (YLS '00), “Our [National] Federalism,” 123 Yale Law Journal 1996 (Apr. 2014).

Abe R. Gluck (YLS '00), “Federalism From Federal Statutes: Health Reform, Medicaid, and the Old-Fashioned Federalists’ Gamble,” 81 Fordham Law Review 1749 (Apr. 2014).

Abbe R. Gluck (YLS '00), with Lisa Schultz Bressman, “Statutory Interpretation From the Inside – An Empirical Study of Congressional Drafting, Delegation, and the Canons: Part II,” 66 Stanford Law Review 725 (Apr. 2014).

Tamar Ezer et al, “The Problem of Torture in Health Care,” Torture in Health Care Settings: Reflections on the Special Rapporteur on Torture’s 2013 Thematic Report 19 (Mar. 2014).

Mark A. Hall, “Evaluating the Affordable Care Act: The Eye of the Beholder,” 51 Houston Law Review 1029 (Mar. 2014).

Tamar Ezer, with Diederik Lohman, “Denial of Pain Treatment and the Prohibition against Torture and Ill Treatment,” Torture in Health Care Settings: Reflections on the Special Rapporteur on Torture’s 2013 Thematic Report 19 (Mar. 2014).

Abbe R. Gluck (YLS '00), “A Legal Victory for Insurance Exchanges,” 370 New England Journal of Medicine 896 (Mar. 2014).

Joseph J. Fins, with Joseph Giacino, Steven Laureys, and Nicholas Schiff, “Disorders of Consciousness After Acquired Brain Injury: The State of the Science,” 10 Nature Reviews Neurology 99 (Jan. 2014).

Tamar Ezer, with Jonathan Cohen, "Human Rights in Patient Care: A Theoretical and Practical Framework," 15(2) Health and Human Rights Journal 7 (Dec. 2013).

Tamar Ezer, with Judy Overall, “Advancing Human Rights in Patient Care through Higher Education in Eastern Europe and Central Asia,” 15(2) Health and Human Rights 54 (Dec. 2013).

Tamar Ezer, with Alphia Abdikeeva and Alina Covaci, “Assessing Legal Advocacy to Advance Roma Health in Macedonia, Romania, and Serbia,” 20 European Journal of Health Law 471 (Dec. 2013).

Joseph J. Fins, “Disorders of Consciousness and Disordered Care: Families, Caregivers, and Narratives of Necessity,” 94 Archives of Physical Medicine and Rehabilitation 1934 (Oct. 2013).

Stephen R. Latham, “Time to Decriminalize HIV Status,” 43 Hastings Center Report 12 (Sept. 2013).

Michael R. Ulrich, “Guidance From Vaccination Jurisprudence,” 13 American Journal of Bioethics 40 (Aug. 2013).

Mark A. Hall, “There Oughta Be a Law,” 43 Hastings Center Report 7 (July 2013).

Joseph J. Fins, with Zachary Shapiro, “Deep Brain Stimulation, Brain Maps and Personalized Medicine: Lessons from the Human Genome Project,” 27 Brain Topography 55 (June 2013).

Abbe R. Gluck, with Lisa Schultz Bressman, “Statutory Interpretation From the Inside – An Empirical Study of Congressional Drafting, Delegation, and the Canons: Part I,” 65 Stanford Law Review 901 (June 2013).

Joseph J, Fins, with Ellen Meltzer and Wayne Hall, “Error and Bias in the Evaluation of Prescription Opioid Misuse: Should the FDA Regulate Clinical Assessment Tools?,” 14 Pain Medicine 982 (Apr. 2013).

Mark A. Hall, with M. Bobinski and D. Orentlicher, “Health Care Law and Ethics,” Aspen, 8th ed. (Apr. 2013).

Stephen R. Latham, “The Once of Future Debate on Human Embryonic Stem Cell Research,” 9 Yale Journal of Health Policy, Law, and Ethics 483 (Mar. 2013).

Abbe R.Gluck (YLS '00), “The Federal Common Law of Statutory Interpretation: Erie For the Age of Statutes,” 54 William and Mary Law Review 753 (Feb. 2013).

Michael R. Ulrich, “The Duty to Rescue in Genomic Research,” 13 American Journal of Bioethics 50 (Feb. 2013).

Michael R. Ulrich, “With Child, Without Rights?: Restoring a Pregnant Woman’s Right to Refuse Medical Treatment Through the HIV Lens,” 24 Yale Journal of Law and Feminism 303 (2012).

Michael R. Ulrich, “Resource Restraints: Rethinking Discloure of Individual Genomic Findings,” 128 Michigan State University Journal of Medicine and Law 127 (2012).

Abbe R. Gluck (YLS '00), “Intrastatutory Federalism and Statutory Interpretation: State Implementation of Federal Law in Health Reform and Beyond,” 121 Yale Law Journal 534 (Dec. 2011).

Abbe R. Gluck (YLS '00), “Intersystemic Statutory Interpretation: Methodology as ‘Law’ and the Erie Doctrine,” 120 Yale Law Journal 1898 (June 2011).

Michael R. Ulrich, “Researchers Without Borders?: Limiting Obligations of Ancillary Care Through the Rescue Model,” Vanderbilt Law School Health Law and Public Policy Forum (Jan. 2011).

Tamar Ezer et al., "Promoting Public Health through Clnicial Legal Education: Initiatives in South Africa, Thailand, and Ukraine," 17 Human Rights Brief 27 (Jan. 2010).

Abbe R. Gluck (YLS '00), "The States as Laboratories of Statutory Interpretation: Methodological Consensus and the New Modified Textualism,” 119 Yale Law Journal 1750 (Jan. 2010).

 

Student Publications

Theodore T. Lee (YLS '18) "Advancing human rights in patient care of Roma: access to health insurance in Macedonia" Public Health Reviews (2017).

Theodore T. Lee (YLS '18), Gregory D. Curfman, "Physician Speech and Firearm Safety: Wollschlaeger v. Governor, Florida," JAMA Internal Medicine (June 2017).

Christine H. Monahan (YLS '16), "Private Enforcement of the Affordable Care Act: Toward an 'Implied Warranty of Legality' in Health Insurance," Yale Law Journal (Feb. 2017).

Kyle T. Edwards (YLS '18), Wendy Parmet, Scott Burris, "Why the C.D.C.'s Power to Quarantine Should Worry Us," NY Times (Jan. 2017).

Kyle T. Edwards (YLS ’18) & Zuzana Deans, “Empirical Bioethics and the Role of the Professional Ethicist in Policy-Making: Politics, Authority and Expertise,” in Empirical Bioethics: Practical and Theoretical Perspectives, eds. Jonathan Ives, Michael Dunn, and Alan Cribb, Cambridge University Press (Dec. 2016).

Kyle T. Edwards (YLS ’18), “Porn, Condoms, and Liberty” and “Pedophilia and Predisposition," in Philosophers Take on the World, ed. David Edmonds, Oxford University Press (Sept. 2016). 

Rose Goldberg (YLS ’15), “The Antidotes to the Double Standard: Protecting the Healthcare Rights of Mentally Ill Inmates by Blurring the Line Between Estelle and Youngberg,” 16 Yale Journal of Health Policy Law & Ethics 111 (Aug. 2016).

Michael R. Ulrich, Megan S. Wright ('16), Kyle Edwards ('18), Nathan Guevremont ('18), Joel Ramirez ('17), Nina Viarsava ('18), Joseph J. Fins, “Lincoln’s Promise: Congress, Veterans, and Traumatic Brain Injury," Hastings Center Bioethics Forum (June 2016).

Megan Wright (YLS ’16), “Comment: A Case for Randomized, Double-Blinded, Sham-Controlled Class III Medical Device Trials,” 34 Yale Law & Policy Review 199 (Mar. 2016).

Sudhakar V. Nuti (YMS), “Association of Admission to Veterans Affairs Hospitals vs. Non-Veterans Affairs Hospitals With Mortality and Readmission Rates Among Older Men Hospitalized With Acute Myocardial Infarction, Heart Failure, or Pneumonia,” 315 Journal of the American Medical Association 582 (Feb. 2016). 

Joseph J. Fins, Megan S. Wright ('16), Claudia Kraft ('15), Alix Rogers ('15), Marina B. Romani ('16), Samantha Godwin (LLM), Michael R. Ulrich, "Wither the "Improvement Standard"? Coverage for Severe Brain Injury After Jimmo v. Sebelius," 44 Journal of Law, Medicine, & Ethics 182 (Jan. 2016).

Megan Wright (YLS ’16), with Christopher T. Robertson and David V. Yokum, “Mock Juror and Jury Assessment of Blind Expert Witnesses,” chapter in Blinding as a Solution to Bias: Strengthening Biomedical Science, Forensic Science, and Law, edited by Christopher T. Robertson and Aaron S. Kesselheim, pp. 195-210, Academic Press (Jan. 2016).

William Hudson (YLS ’17), “Sperm Banking as a Strategy to Reduce Harms Associated with Advancing Paternal Age,” 70 Food and Drug Law Journal 573 (Dec. 2015). 

Julian Polaris (YLS ’15), “Personal Networks: Health Coverage Status and the Invisible Burden on Family and Friends,” Harvard Journal of Law and Gender (Nov. 2015).

Elizabeth Dervan (YLS '17) and Elizabeth Deutsch (YLS '16), with Elizabeth Sepper, Jessica Roberts, and Jessica Clarke, "Healthcare and Equality Experts' Comments on 1557 NPRM," Notice and Comment Letter to U.S. Dept. of Health and Human Services in regard to Nondiscrimination in Health Programs and Activities (Nov. 2015).

Mark Hanin (YLS '17), "The Architecture of Medical-Legal Partnerships," Paprika! (Nov. 2015). 

Megan Wright (YLS ’16), with Andrew B. Cohen, Leo Cooney, Jr., and Terri Fried, “Guardianship and End-of-Life Decision Making,” 175 JAMA Internal Medicine 1687 (Oct. 2015).

Rose Goldberg (YLS ’15), “Safe and Effective for Human Executions? Glossip v. Gross and the Eighth Amendment Bar Against Off-Label Drug Lethal Injection,” 68 Stanford Law Review Online 1 (May 2015). 

Sarah Grusin (YLS '14), "Holding Health Insurance Marketplaces Accountable: The Unheralded Rise and Imminent Demise of Structural Reform Litigation in Health Care,"24 Annals Health L.337 (2015).

Julian Polaris (YLS ’15), "Principles over Prinipals? How Innovation Affects the Agency Relationship in Medical and Legal Practice,” 14 Yale Journal of Health Policy, Law, and Ethics 296 (Dec. 2014).

Megan Wright (YLS ’16), with Christopher T. Robertson and David V. Yokum, “Symposium:  Perceptions of Efficacy, Morality, and Politics of Potential Cadaveric Organ Transplantation Reforms:  A Randomized Population-based Experiment.”  77 Law and Contemporary Problems 101 (Nov. 2014).

Megan Wright (YLS ’16), with Christopher T. Robertson, “Heterogeneity in IRB Policies with Regard to Disclosures about Payment for Participation in Recruitment Materials.”  42 Journal of Law, Medicine, & Ethics 375 (Sept. 2014).

Kyle T. Edwards (YLS ’18), “Methods of legitimation: How ethics committees decide which reasons count in public policy decision-making,” 133 Social Science and Medicine 34 (July 2014).

Kyle T. Edwards (YLS ’18) and Caroline J. Huang, “Bridging the Consumer-Medical Divide: How to Regulate Direct-to-Consumer Genetic Testing," 44 Hastings Center Report 17 (May 2014).