scispace - formally typeset
Search or ask a question
Institution

Georgetown University Law Center

About: Georgetown University Law Center is a based out in . It is known for research contribution in the topics: Supreme court & Global health. The organization has 585 authors who have published 2488 publications receiving 36650 citations. The organization is also known as: Georgetown Law & GULC.


Papers
More filters
Posted Content
TL;DR: It is argued that the Oregon Health Plan - an innovative and controversial effort to provide Medicaid coverage to a greater number of Oregon residents - while imperfect, highlights the potential political common good thinking has in overcoming many of liberalism's limits.
Abstract: In the new, incremental politics of health care, managed care (for the insured) is demonized and patients' rights are protected, while concern about the uninsured remains marginal. Quality of care is now the issue: consumers want "choice" restored in the medical marketplace, and physicians decry their perceived loss of professional autonomy. The managed care revolution, inspired by the private sector to contain costs, has stalled - the upward trend in medical spending is reasserting itself - yet America's liberal political system seems incapable of comprehensive health care reform. Why? At root, it is the limits of liberalism itself. To the extent that liberalism is wanting when deliberating about health policy, other ways of thinking about health care must be found. This article traces the shape of one such alternative - the political common good - and argues that the Oregon Health Plan - an innovative and controversial effort to provide Medicaid coverage to a greater number of Oregon residents - while imperfect, highlights the potential political common good thinking has in overcoming many of liberalism's limits. The article begins by discussing the limits of liberalism within the health care context. Part I introduces the question against the backdrop of President Clinton's failed health care plan and offers the political common good as a fresh way of thinking about health care. Part II explores two distinctive features of anti-perfectionist liberalism - loyalty to the individual and emphasis on neutrality. In doing so, it explains why a liberal paradigm is incapable of providing a coherent theoretical framework for promoting health care reform. Part III explores three different conceptions of the common good. First, it examines the common good as presented in recent Catholic social teaching. Next, it summarizes John Rawls' conception of political liberalism, with particular emphasis on public reason and the common good. Finally, it defines a third conception - the political common good - and argues in favor of adopting this as a more robust theoretical foundation for political discourse on health care reform. Part IV uses the Oregon Health Plan, enacted in 1989 and implemented in 1994, to point out the potential of understanding health care as a political common good. The article concludes by speculating about what a rescue of common good-talk would add to deliberations over health care policy.

8 citations

Posted Content
TL;DR: A closer look at recent changes suggests that the popular rhetoric of mainstreaming and convergence obscures more than it reveals Emerging and mainstream markets may share participants and use similar instruments, but this formal resemblance rarely stands for substantive identity Instead, investors use the same instruments differently in different markets, which can be its own source of risk.
Abstract: Not long ago, financial markets in most poor and middle-income countries were shallow to nonexistent, and closed to foreigners Governments often had to rely on risky borrowing abroad; the private sector had even fewer options But between 1995 and 2005, domestic debt in the emerging markets grew from $1 trillion to $4 trillion In Mexico, domestic debt went from just over 20% of the total government debt stock in 1995 to nearly 80% in 2007 Foreign and local investors are buying Over the same period, derivative contracts to transfer emerging market credit risk surpassed the market capitalization of the benchmark bond index The growth of domestic bonds and risk transfer technology makes the emerging markets look more mature, or mainstream Yet a closer look at recent changes suggests that the popular rhetoric of mainstreaming and convergence obscures more than it reveals Emerging and mainstream markets may share participants and use similar instruments, but this formal resemblance rarely stands for substantive identity Instead, investors use the same instruments differently in different markets, which, as the examples in the text suggest, can be its own source of risk Law scholarship has yet to engage with the shift from foreign-law, foreign-currency to local-law, local-currency bonds and the rise of credit derivatives in the emerging markets This symposium essay maps the ongoing transformation to highlight gaps between formal and substantive convergence of emerging and mainstream markets, and suggest implications for governance, risk management and future research

8 citations

Journal Article
TL;DR: A Right to Health Capacity Fund (R2HCF) was proposed in this paper to promote inclusive participation, equality, and accountability for advancing the right to health, which would focus its resources on civil society organizations, supporting their advocacy and strengthening mechanisms for accountability and participation.
Abstract: We propose that a Right to Health Capacity Fund (R2HCF) be created as a central institution of a reimagined global health architecture developed in the aftermath of the COVID-19 pandemic. Such a fund would help ensure the strong health systems required to prevent disease outbreaks from becoming devastating global pandemics, while ensuring genuinely universal health coverage that would encompass even the most marginalized populations. The R2HCF's mission would be to promote inclusive participation, equality, and accountability for advancing the right to health. The fund would focus its resources on civil society organizations, supporting their advocacy and strengthening mechanisms for accountability and participation. We propose an initial annual target of US$500 million for the fund, adjusted based on needs assessments. Such a financing level would be both achievable and transformative, given the limited right to health funding presently and the demonstrated potential of right to health initiatives to strengthen health systems and meet the health needs of marginalized populations-and enable these populations to be treated with dignity. We call for a civil society-led multi-stakeholder process to further conceptualize, and then launch, an R2HCF, helping create a world where, whether during a health emergency or in ordinary times, no one is left behind.

8 citations

Posted Content
TL;DR: In this article, the authors argue that Wal-Mart's Mexican subsidiary received approval to open a bank in 2006 and the application faced little opposition in Mexico, unlike the company's failed effort to start a bank on the United States.
Abstract: In November 2006 Wal-Mart's Mexican subsidiary received approval to open a bank. The application faced little opposition in Mexico, unlike the company's failed effort to start a bank in the United States. This was partly because in Mexico, Wal-Mart's entry was generally regarded as increasing competition in a historically concentrated banking sector. With over three-quarters of all Mexicans unbanked, the authorities also looked to Wal-Mart to reach the underserved. Along with the promise, Wal-Mart's entry presents a transnational regulatory dilemma with implications beyond Wal-Mart and Mexico. Because it is Wal-Mart's only banking venture, the new institution will have its Mexican host as the sole supervisor. The corporate headquarters in the United States will remain unregulated at home and beyond Mexico's reach. This home-host hole is inevitable where supervisory harmonization proceeds against the background of regulatory diversity: the United States has a policy against combining banking and commerce; Mexico does not. The hole presents risks for Mexico; however, this Article argues that patching the hole with more centralization at the international level may come at Mexico's expense.

8 citations

Posted Content
TL;DR: In this paper, the University of Miami Law Review discusses the different contributions to the volume to emerging narratives of the financial crisis: monetary policy, deregulation, bad regulation, innovation run amok, and greed.
Abstract: This Foreword to a themed volume of the University of Miami Law Review relates the different contributions to the volume to emerging narratives of the financial crisis: monetary policy, deregulation, bad regulation, innovation run amok, and greed. It emphasizes how this crisis has been different from other recent crises because of the lack of a representative face, and how this anonymity has made it more difficult to understand the crisis.

8 citations


Authors

Showing all 585 results

NameH-indexPapersCitations
Lawrence O. Gostin7587923066
Michael J. Saks381555398
Chirag Shah343415056
Sara J. Rosenbaum344256907
Mark Dybul33614171
Steven C. Salop3312011330
Joost Pauwelyn321543429
Mark Tushnet312674754
Gorik Ooms291243013
Alicia Ely Yamin291222703
Julie E. Cohen28632666
James G. Hodge272252874
John H. Jackson271022919
Margaret M. Blair26754711
William W. Bratton251122037
Network Information
Related Institutions (5)
American University
13K papers, 367.2K citations

78% related

Brookings Institution
2.7K papers, 135.3K citations

78% related

London School of Economics and Political Science
35K papers, 1.4M citations

78% related

Bocconi University
8.9K papers, 344.1K citations

75% related

Agency for Healthcare Research and Quality
1.9K papers, 118K citations

75% related

Performance
Metrics
No. of papers from the Institution in previous years
YearPapers
202174
2020146
2019115
2018113
2017109
2016118