Elizabeth Y. McCuskey

University of Massachusetts School of Law at Dartmouth

Professor

333 Faunce Corner Road

North Dartmouth, MA 02747-1252

United States

Center for Health Law Studies

Adjunct

100 N. Tucker Blvd.

St. Louis, MO 63101

United States

  • University of Massachusetts School of Law at Dartmouth

  • Center for Health Law Studies

SCHOLARLY PAPERS

14

DOWNLOADS
Rank 36,450

SSRN RANKINGS

Top 36,450

in Total Papers Downloads

1,875

SSRN CITATIONS

2

CROSSREF CITATIONS

2

Scholarly Papers (14)

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1.

Federalism, ERISA, and State Single-Payer Health Care

University of Pennsylvania Law Review, Vol. 168, 2020, Forthcoming, Georgia State University College of Law, Legal Studies Research Paper No. 2019-16
Number of pages: 79 Posted: 06 Jun 2019 Last Revised: 31 Mar 2020
Erin C. Fuse Brown and Elizabeth Y. McCuskey
Georgia State University College of Law and University of Massachusetts School of Law at Dartmouth
Downloads 434 (93,557)

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health reform, preemption, state legislation, ERISA, employer-sponsored health insurance, single-payer health care, health care federalism, health law, health policy

2.

Health Reform Reconstruction

Georgia State University College of Law, Legal Studies Research Paper No. 2021-11, 55 U.C. Davis L. Rev. 657 (2021)
Number of pages: 87 Posted: 07 Jan 2021 Last Revised: 06 Jan 2022
Lindsay F. Wiley, Elizabeth Y. McCuskey, Matthew B. Lawrence and Erin C. Fuse Brown
University of California, Los Angeles (UCLA) - School of Law, University of Massachusetts School of Law at Dartmouth, Emory University School of Law and Georgia State University College of Law
Downloads 331 (127,080)

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health reform, health policy, federalism, privatization, health disparities, racism, health justice

3.

Submerged Precedent

Nevada Law Journal, Vol. 16, p. 515, 2016, University of Toledo Legal Studies Research Paper No. 2016-01
Number of pages: 118 Posted: 17 Jan 2016
Elizabeth Y. McCuskey
University of Massachusetts School of Law at Dartmouth
Downloads 218 (193,054)

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precedent, jurisdiction, federal-question jurisdiction, Grable, federal courts, district courts, removal, remand, unpublished opinions, empirical, dockets, PACER, E-Government Act of 2002

4.

Agency Imprimatur & Health Reform Preemption

Ohio State Law Journal, Vol. 78, 1099-1167 (2017)
Number of pages: 70 Posted: 18 Jul 2017 Last Revised: 01 Feb 2018
Elizabeth Y. McCuskey
University of Massachusetts School of Law at Dartmouth
Downloads 158 (256,014)
Citation 1

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preemption, big waiver, health law, health reform, health care, health, regulation, federalism, affordable care act, ACA, BCRA, supremacy clause, state innovation, 1332 waiver, institutional competence, waiver

5.

Clarity & Clarification: Grable Federal Questions in the Eyes of Their Beholders

Nebraska Law Review, Vol. 91, No. 2, 2012, University of Toledo Legal Studies Research Paper No. 2013-06
Number of pages: 73 Posted: 08 Mar 2013
Elizabeth Y. McCuskey
University of Massachusetts School of Law at Dartmouth
Downloads 116 (324,061)

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clarity, jurisdiction, jurisdictional, federal question, remand, removal, Grable, Empire, Gunn, Minton, rules and standards, docket, appellate review, discretion, federalism, case management, Supreme Court, district court

6.

Is the Preemption Clause of ERISA Unconstitutional?

New York University Review of Employee Benefits and Executive Compensation (forthcoming 2019)
Number of pages: 34 Posted: 07 Jul 2019
Andrew Stumpff Morrison and Elizabeth Y. McCuskey
University of Michigan Law School and University of Massachusetts School of Law at Dartmouth
Downloads 97 (365,476)

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ERISA, Preemption, Constitution, Commerce Clause, Field Preemption, Conflict Preemption, Express Preemption, Health Care, Employee Retirement Income Security Act, Federalism, Health Insurance, Gobeille, Clarence Thomas, Rice v. Santa Fe Elevator

7.

Structuring Jurisdictional Rules and Standards

65 Vanderbilt Law Review En Banc 31 (2012), University of Toledo Legal Studies Research Paper No. 2012-21
Number of pages: 14 Posted: 15 Jun 2012 Last Revised: 19 Feb 2013
Scott Dodson and Elizabeth Y. McCuskey
UC Hastings Law and University of Massachusetts School of Law at Dartmouth
Downloads 92 (377,834)

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jurisdiction, grable, mottley, well-pleaded, jurisdictional, rules, standards, abstention, federal question

8.

FDA in the Time of COVID-19

ABA Administrative & Regulatory Law News, Vol. 45, No. 3, 2020
Number of pages: 3 Posted: 16 Jun 2020
Elizabeth Y. McCuskey
University of Massachusetts School of Law at Dartmouth
Downloads 90 (382,908)

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FDA, COVID-19, coronavirus, misinformation, public health, executive, administrative law, regulation, agency, publicity, pharmaceutical

9.

Social Solidarity in Health Care, American-Style

Journal of Law, Medicine, & Ethics, Vol. 48, 2020 Forthcoming, Georgia State University College of Law, Legal Studies Research Paper No. 2020-10
Number of pages: 28 Posted: 03 Sep 2020 Last Revised: 03 Nov 2020
Erin C. Fuse Brown, Matthew B. Lawrence, Elizabeth Y. McCuskey and Lindsay F. Wiley
Georgia State University College of Law, Emory University School of Law, University of Massachusetts School of Law at Dartmouth and University of California, Los Angeles (UCLA) - School of Law
Downloads 87 (390,886)

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health care, health law, health insurance, Affordable Care Act, universal health insurance, health justice, health equity, health policy

10.

Body of Preemption: Health Law Traditions and the Presumption Against Preemption

Temple Law Review, Vol. 89, No. 1, 2016, University of Toledo Legal Studies Research Paper No. 2017-05
Number of pages: 54 Posted: 05 Jan 2017
Elizabeth Y. McCuskey
University of Massachusetts School of Law at Dartmouth
Downloads 72 (435,643)
Citation 1

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preemption, presumption, supremacy clause, health law, health care, health, police power, regulation, federalism, affordable care act, statutory interpretation, tradition

11.

On Drugs: Preemption, Presumption, & Remedy

Journal of Legal Medicine, Vol. 38 (2018)
Number of pages: 22 Posted: 24 May 2018
Elizabeth Y. McCuskey
University of Massachusetts School of Law at Dartmouth
Downloads 66 (455,962)

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preemption, presumption, remedy, litigation, drugs, pharmaceuticals, prescription drugs, generic drugs, attorney fees, Federal Rule 41, failure to update

12.

The Body Politic: Federalism as Feminism in Health Reform

11 Saint Louis University Journal of Health Law & Policy 303
Number of pages: 14 Posted: 29 Jul 2018
Elizabeth Y. McCuskey
University of Massachusetts School of Law at Dartmouth
Downloads 52 (510,072)

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Federalism, Feminism, Health Reform, Health Insurance, Health Equity, Health Justice, Social Determinants Of Health, Affordable Care Act

13.

Big Waiver Under Statutory Sabotage

Ohio North University Law Review, Forthcoming
Number of pages: 25 Posted: 15 Apr 2019
Elizabeth Y. McCuskey
University of Massachusetts School of Law at Dartmouth
Downloads 38 (576,421)
Citation 1

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Affordable Care Act, ACA, Waiver, State Innovation, Big Waiver, Cooperative Federalism

14.

Constitutional Development: Jackson v. Birmingham Board of Education: Title IX's Implied Private Right of Action for Retaliation

University of Pennsylvania Journal of Constitutional Law, Vol. 8, No. 143, 2006
Number of pages: 22 Posted: 01 Feb 2016
Elizabeth Y. McCuskey
University of Massachusetts School of Law at Dartmouth
Downloads 24 (662,873)

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Title IX, private right of action, statutory interpretation, Spending Clause, Civil Rights Act of 1964, United States Education Amendments of 1972, Jackson v. Birmingham Board of Education, Chevron deference