An Ethical Evaluation of the Supreme Court Decision Regarding ERISA Interpretation

Journal of Philosophical Research 32 (Supplement):327-334 (2007)
Abstract
Although the ethical and legal worlds are often at odds, a wealth of information is gained by evaluating legal decisions from an ethical perspective. Evaluating court decisions from an ethical viewpoint, increases our knowledge, and helps to beneficially influence future court precedent. Of particular importance to the relationship between the law, business, and ethics, is the ideal of beneficence and non-maleficence. It is the court’s role to protect the rights of individuals, especially with regards to their health care provision. These issues are especially present in conflicts that relate to the availability and access to health care and insurance coverage. Patient autonomy, physician malpractice and informed consent are all influenced by such current court precedent as addressed bythe Employee Retirement Income and Security Act of 1974 (ERISA). This leads us to the central theme of this discussion on the ethical implications of the Supreme Court precedent on ERISA
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    William A. Edmundson (2007). Schauer on Precedent in the U.S. Supreme Court. Georgia State University Law Review 24 (2):403-13.
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