What Americans Think of the New Insurance Marketplaces and Medicaid Expansion: Findings from the Commonwealth Fund Health Insurance Marketplace Survey, 2013

The Affordable Care Act's health insurance marketplaces are opening for enrollment on October 1, 2013. The Commonwealth Fund Health Insurance Marketplace Survey, 2013, finds that only two of five adults are aware of the marketplaces or of potential financial help that may be available to them to pay for plans purchased though the marketplaces. However, three of five adults who might be eligible for these new options said they were likely to take advantage of them. The survey also finds broad support for state expansion of the Medicaid program, even in states that have not yet decided to expand their programs. While outreach and education are critical to ensuring that those eligible for the new coverage options will enroll, the survey results suggest that eligible Americans will likely take advantage of the law's insurance reforms in the months and years to come

Women at Risk: Why Many Women Are Forgoing Needed Health Care

Based on Commonwealth Fund 2007 Biennial Health Insurance Survey data, compares women's rates of uninsurance or underinsurance, sources of coverage, out-of-pocket and premium expenses, access to care, medical debt, and unmet needs, with those of men

Realizing Health Reform's Potential: Women and the Affordable Care Act of 2010

Outlines the 2010 healthcare reform provisions that will benefit women, including subsidized and improved coverage and bans on lifetime caps, rescissions, and rating on gender. Analyzes how each will address women's growing exposure to healthcare costs

Choose Your Words Wisely: Affirmative Representation as a Limit on § 230 Immunity

Since its enactment in 1996, § 230 of the Communications Decency Act has shielded Web site operators from liability arising out of third-party content. The statute preempts any claim that would treat the defendant as a “publisher” or “speaker” of that content, but recent cases suggest that a defendant’s own statements may constitute an independent source of liability beyond the scope of § 230. In Mazur v. eBay, a federal district court held that § 230 does not bar claims of fraudulent misrepresentation when a defendant has described a third party’s auctioning procedures as “safe.” More recently, the Ninth Circuit in Barnes v. Yahoo! allowed a promissory estoppel claim to proceed against a defendant that failed to remove defamatory material from its Web site after assuring the plaintiff it would do so. A third case, Goddard v. Google, suggests that the Barnes decision could support claims by third-party beneficiaries as well. This Article analyzes these recent developments, discusses their potential impact on representations in marketing and terms of use, and assesses the willingness of courts to consider more expansive fraud- and contract-based limitations on § 230 immunity

Inducement or Solicitation? Competing Interpretation of the Underlying Illegality Test in the Wake of \u3ci\u3eRoommates.com\u3c/i\u3e

In Fair Housing Council of San Fernando Valley v. Roommates.com, the United States Court of Appeals for the Ninth Circuit held that a Web site operator loses the immunity granted by section 230 of the Communications Decency Act by materially contributing to the alleged illegality of its third-party content. Subsequent case law seems to reflect two different standards for determining when this “underlying illegality” test is satisfied. Most courts have adopted a narrow reading of Roommates.com, denying immunity only when a Web site has explicitly requested illegal content. In NPS LLC v. StubHub, Inc., however, a Massachusetts district court appears to adopt a broader inducement-based standard that would impose liability upon a much wider range of conduct. This Article examines the recent case law in order to identify the contours of these differing theories for negating § 230 immunity

Wages, Health Benefits, and Workers' Health

Examines the divide in the U.S. labor market between higher wage earners with health insurance, and lower wage earners who often lack coverage and access to essential health care