Wendy K. Mariner

Boston University School of Public Health

Health Law, Ethics & Human Rights Professor Emerita

715 Albany Street

Boston, MA 02118

United States

Boston University - School of Law

765 Commonwealth Avenue

Boston, MA 02215

United States

SCHOLARLY PAPERS

23

DOWNLOADS

2,268

SSRN CITATIONS

6

CROSSREF CITATIONS

14

Scholarly Papers (23)

The Affordable Care Act and Health Promotion: The Role of Insurance in Defining Responsibility for Health Risks and Costs

Duquesne University Law Review, Vol. 54, p. 271, Spring 2012, Boston Univ. School of Law, Public Law Research Paper No. 13-10
Number of pages: 62 Posted: 23 Mar 2013
Wendy K. Mariner
Boston University School of Public Health
Downloads 294 (143,310)

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health law, wellness programs, discrimination, Affordable Care Act

The Affordable Care Act and Health Promotion: The Role of Insurance in Defining Responsibility for Health Risks and Costs

50 Duquesne Law Review 271 (Spring 2012)
Number of pages: 61 Posted: 07 Jan 2015
Wendy K. Mariner
Boston University School of Public Health
Downloads 46 (547,564)

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2.

Quarantine and the Federal Role in Epidemics

SMU Law Review, Vol. 71, 2018
Number of pages: 55 Posted: 12 Jun 2018
Michael R. Ulrich and Wendy K. Mariner
Boston University - School of Law and Boston University School of Public Health
Downloads 335 (125,579)
Citation 1

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public health, law, quarantine, infectious, contagious, disease, CDC, isolation, ebola, federal, constitutional law, civil commitment

3.

Medicine and Public Health: Crossing Legal Boundaries

Journal of Health Care Law & Policy, Vol. 10, No. 1, p. 121, 2007, Boston Univ. School of Law Working Paper No. 07-13
Number of pages: 32 Posted: 05 Jun 2007
Wendy K. Mariner
Boston University School of Public Health
Downloads 211 (199,196)

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Health law, public health, privacy, diabetes

4.

Law and Public Health: Beyond Emergency Preparedness

Journal of Health Law, Vol. 38, No. 2, Spring 2005
Number of pages: 40 Posted: 27 Mar 2006 Last Revised: 14 Jul 2009
Wendy K. Mariner
Boston University School of Public Health
Downloads 205 (204,593)

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5.

Pandemic Preparedness: A Return to the Rule of Law

Drexel Law Review, Vol. 1, p. 341, 2009, Northeastern University School of Law Research Paper
Number of pages: 42 Posted: 07 May 2009 Last Revised: 02 Mar 2012
Wendy K. Mariner, George J. Annas and Wendy E. Parmet
Boston University School of Public Health, Boston University School of Public Health and Northeastern University - School of Law
Downloads 192 (216,973)

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pandemics, health law, health reform

Paternalism, Public Health, and Behavioral Economics: A Problematic Combination

46 Connecticut Law Review 1817 (2014)
Number of pages: 22 Posted: 07 Jan 2015 Last Revised: 08 Jan 2015
Wendy K. Mariner
Boston University School of Public Health
Downloads 137 (288,103)

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Paternalism, Public Health, and Behavioral Economics: A Problematic Combination

Connecticut Law Review, Vol. 46, No. 5, 2014
Number of pages: 22 Posted: 02 Aug 2015
Wendy K. Mariner
Boston University School of Public Health
Downloads 40 (578,971)

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7.

Health Insurance is Dead; Long Live Health Insurance

40 American Journal of Law & Medicine 195 (2014)
Number of pages: 20 Posted: 07 Jan 2015
Wendy K. Mariner
Boston University School of Public Health
Downloads 157 (257,601)

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8.

Mission Creep: Public Health Surveillance and Medical Privacy

Boston University Law Review, Vol. 87, No. 2, p. 347, April 2007
Number of pages: 49 Posted: 29 Nov 2007 Last Revised: 14 Jul 2009
Wendy K. Mariner
Boston University School of Public Health
Downloads 149 (268,676)

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Health Law, Privacy, Surveillance, Public Health, Medical Records

9.

Toward an Architecture of Health Law

American Journal of Law & Medicine, Vol. 35, No. 1, pp. 67-87, 2009
Number of pages: 21 Posted: 10 Oct 2009
Wendy K. Mariner
Boston University School of Public Health
Downloads 121 (314,943)
Citation 1

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health law, legal domain, human rights

10.

Did Legal Education Fail Health Reform? And How Health Law Can Help

10 Indiana Health Law Review 1 (2013)
Number of pages: 37 Posted: 01 Jul 2013 Last Revised: 04 Sep 2015
Wendy K. Mariner
Boston University School of Public Health
Downloads 70 (442,633)

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Affordable Care Act, legal education, health law

11.

Can Consumer-Choice Plans Satisfy Patients? Problems with Theory and Practice in Health Insurance Contracts

Brooklyn Law Review, Vol. 69, 2004, Boston Univ. School of Law Working Paper No. 04-14
Number of pages: 58 Posted: 22 Nov 2004 Last Revised: 14 Jul 2009
Wendy K. Mariner
Boston University School of Public Health
Downloads 68 (449,392)
Citation 3

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Managed Care, Health Insurance, Contracts, Patient rights

12.

What's Insurance Got to Do with It? Recognizing Health Insurance as a Separate Species of Insurance

36 American Journal of Law & Medicine 436 (2010)
Number of pages: 16 Posted: 23 Mar 2013
Wendy K. Mariner
Boston University School of Public Health
Downloads 54 (502,145)
Citation 1

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Health insurance, health reform, health law

13.

Reconsidering Constitutional Protection for Health Information Privacy

18(3) University of Pennsylvania Journal of Constitutional Law 975 (2016), Boston Univ. School of Law, Public Law Research Paper No. 15-56
Number of pages: 80 Posted: 20 Jun 2016 Last Revised: 27 Jul 2016
Wendy K. Mariner
Boston University School of Public Health
Downloads 50 (519,172)
Citation 1

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14.

The Picture Begins to Assert Itself: Rules of Construction for Essential Health Benefits in Health Insurance Plans Subject to the Affordable Care Act

Annals of Health Law, Vol. 24, July 2015
Number of pages: 33 Posted: 02 Aug 2015
Wendy K. Mariner
Boston University School of Public Health
Downloads 44 (546,695)

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15.

Shifting Standards of Judicial Review during the Coronavirus Pandemic in the United States

22 (6) German Law Journal 1039-1059 (2021), https://doi.org/10.1017/glj.2021.51
Number of pages: 21 Posted: 23 Sep 2021
Wendy K. Mariner
Boston University School of Public Health
Downloads 43 (551,576)

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emergencies, human rights, judicial review, religious freedom, reproductive rights

16.

The Supreme Court's Limitation of Managed-Care Liability

New England Journal of Medicine, September 2004, Boston Univ. School of Law Working Paper No. 04-13
Number of pages: 6 Posted: 22 Nov 2004 Last Revised: 14 Jul 2009
Wendy K. Mariner
Boston University School of Public Health
Downloads 38 (576,926)

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Managed care, ERISA, health insurance, patient rights

Beyond Lifestyle: Governing the Social Determinants of Health

42 American Journal of Law & Medicine 284 (2016)
Number of pages: 26 Posted: 30 Jul 2016
Wendy K. Mariner
Boston University School of Public Health
Downloads 14 (769,156)

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Beyond Lifestyle: Governing the Social Determinants of Health

42 American Journal of Law & Medicine 284 (2016)
Posted: 30 Jul 2016 Last Revised: 01 Dec 2016
Wendy K. Mariner
Boston University School of Public Health

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18.

A Culture of Health and Human Rights

Health Affairs, Vol. 35, No. 11, November 2016
Posted: 01 Dec 2016
Wendy K. Mariner and George J. Annas
Boston University School of Public Health and Boston University School of Public Health

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19.

(Public) Health and Human Rights in Practice

41(1) Journal of Health Politics, Policy and Law 129 (2016), Boston Univ. School of Law, Public Law Research Paper No. 16-26
Posted: 20 Jun 2016 Last Revised: 31 Aug 2016
Wendy K. Mariner and George J. Annas
Boston University School of Public Health and Boston University School of Public Health

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20.

Limiting 'Sugary Drinks' to Reduce Obesity — Who Decides?

368 New England Journal of Medicine 1763 (May 9, 2013), Boston Univ. School of Law, Public Law Research Paper No. 13-20
Posted: 23 May 2013
Wendy K. Mariner and George J. Annas
Boston University School of Public Health and Boston University School of Public Health

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health law, board of health authority, obesity, soda

21.

Reframing Federalism: The Affordable Care Act (and Broccoli) in the Supreme Court

367 New England Journal of Medicine 1154 (2012) , Boston Univ. School of Law, Public Law Research Paper No. 13-14
Posted: 23 Mar 2013 Last Revised: 06 May 2013
Wendy K. Mariner, Leonard H. Glantz and George J. Annas
Boston University School of Public Health, Boston University - School of Law and Boston University School of Public Health

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Affordable Care Act, Federalism, NFIB. Sebelius

22.

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23.

Standards of Care and Standard Form Contracts: Distinguishing Patient Rights and Consumer Rights in Managed Care

The Journal of Contemporary Health Law and Policy, Vol. 15, No. 1, Fall 1998
Posted: 08 Apr 1999 Last Revised: 03 Mar 2011
Wendy K. Mariner
Boston University School of Public Health

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