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Articles 1 - 30 of 105
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Advancing Human Rights In Patient Care: The Law In Seven Transitional Countries, Leo Beletsky, Tamar Ezer, Judith Overall, Iain Byrne, Jonathan Cohen
Advancing Human Rights In Patient Care: The Law In Seven Transitional Countries, Leo Beletsky, Tamar Ezer, Judith Overall, Iain Byrne, Jonathan Cohen
Jonathan R. Cohen
No abstract provided.
Advancing Human Rights In Patient Care: The Law In Seven Transitional Countries, Leo Beletsky, Tamar Ezer, Judith Overall, Iain Byrne, Jonathan Cohen
Advancing Human Rights In Patient Care: The Law In Seven Transitional Countries, Leo Beletsky, Tamar Ezer, Judith Overall, Iain Byrne, Jonathan Cohen
Jonathan R. Cohen
No abstract provided.
Drugs On Tap: Managing Pharmaceuticals In Our Nation’S Waters, Gabriel Eckstein
Drugs On Tap: Managing Pharmaceuticals In Our Nation’S Waters, Gabriel Eckstein
Gabriel Eckstein
Pharmaceuticals in the environment and public water supplies are believed to have serious impacts on human and environmental health. Current research suggests that exposure to certain drugs and their residues may result in a variety of adverse human health effects. Other studies more conclusively show that even minute concentrations of pharmaceuticals in the environment can have detrimental effects on aquatic and terrestrial species. Unfortunately, the cost of removing these pernicious substances is out of the financial reach of most municipalities and wastewater and drinking water treatment operators.Despite the concerns, little effort has been made to develop broad management, mitigatory, or …
Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey
Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey
Russell D. Covey
The temporary insanity defense has a prominent place in the mythology of criminal law. Because it seems to permit factually guilty defendants to escape both punishment and institutionalization, some imagine it as the “perfect defense.” In fact, the defense has been invoked in a dizzying variety of contexts and, at times, has proven highly successful. Successful or not, the temporary insanity defense has always been accompanied by a storm of controversy, in part because it is often most successful in cases where the defendant’s basic claim is that honor, revenge, or tragic circumstance – not mental illness in its more …
Looking At The Initial Client Meeting Through An Interdisciplinary Lens: Applying Lessons From The Medical Profession To Law Teaching And Practice, Lisa Radtke Bliss
Looking At The Initial Client Meeting Through An Interdisciplinary Lens: Applying Lessons From The Medical Profession To Law Teaching And Practice, Lisa Radtke Bliss
Lisa Radtke Bliss
In this essay a clinical law professor observes similarities in the way that physicians and lawyers interact with patients and clients during the initial consult/interview, based upon her experiences teaching in a medical legal partnership clinic.
Advancing Health Law & Social Justice In The Clinic, The Classroom And The Community, Emily A. Benfer, John Ammann, Lisa Bliss, Sylvia Caley, Elizabeth Tobin Tyler, Robert Pettignano
Advancing Health Law & Social Justice In The Clinic, The Classroom And The Community, Emily A. Benfer, John Ammann, Lisa Bliss, Sylvia Caley, Elizabeth Tobin Tyler, Robert Pettignano
Lisa Radtke Bliss
No abstract provided.
Quality-Enhancing Merger Efficiencies, Roger D. Blair, D. Daniel Sokol
Quality-Enhancing Merger Efficiencies, Roger D. Blair, D. Daniel Sokol
D. Daniel Sokol
The appropriate role of merger efficiencies remains unresolved in US antitrust law and policy. The Patient Protection and Affordable Care Act (ACA) has led to a significant shift in health care delivery. The ACA promises that increased integration and a shift from quantity of performance through increased competition will create a system in which quality will go up and prices will go down. Increasingly, due to the economic trends that respond to the ACA, including considerable consolidation both horizontally and vertically, it is imperative that the antitrust agencies provide an economically sound and administrable legal approach to efficiency enhancing mergers. …
Response To "Pervasive Sequence Patents Cover The Entire Human Genome", Shine Tu, Christopher M. Holman, Adam Mossoff, Ted M. Sichelman, Michael Risch, Jorge L. Contreras, Yaniv Heled, Gregory Dolin, Lee Petherbridge
Response To "Pervasive Sequence Patents Cover The Entire Human Genome", Shine Tu, Christopher M. Holman, Adam Mossoff, Ted M. Sichelman, Michael Risch, Jorge L. Contreras, Yaniv Heled, Gregory Dolin, Lee Petherbridge
Yaniv Heled
In a widely reported article by Jeffrey Rosenfeld and Christopher Mason published in Genome Medicine, significant misstatements were made, because the authors did not sufficiently review the claims – which define the legal scope of a patent – in the patents they analyzed. Specifically, the authors do not provide an adequate basis for their assertion that 41% of the genes in the human genome have been claimed.
Resurrecting Health Care Rate Regulation, Erin C. Fuse Brown
Resurrecting Health Care Rate Regulation, Erin C. Fuse Brown
Erin C. Fuse Brown
Our excess health care spending in the United States is driven largely by our high health care prices. Our prices are so high because they are undisciplined by market forces, in a health care system rife with market failures, which include information asymmetries, noncompetitive levels of provider market concentration, moral hazard created by health insurance, multiple principal-agent relationships with misaligned incentives, and externalities from unwarranted price variation and discrimination. These health care market failures invite a regulatory solution. An array of legal and policy solutions are typically advanced to control our health care prices and spending, including: (1) market solutions …
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
O. Carter Snead
Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The FDA …
Dynamic Complementarity: Terri's Law And Separation Of Powers Principles In The End-Of-Life Context, O. Carter Snead
Dynamic Complementarity: Terri's Law And Separation Of Powers Principles In The End-Of-Life Context, O. Carter Snead
O. Carter Snead
The bitter dispute over the proper treatment of Theresa Marie Schiavo - a severely brain-damaged woman, unable to communicate and with no living will or advance directive - has garnered enormous attention in the media, both national and international. What began as a heated disagreement between Ms. Schiavo's husband and parents mushroomed into a massive political conflict involving privacy advocates on one side, and right-to-life and disability activists on the other. The battle raged on the editorial pages of the world's newspapers, in the courts, and ultimately, in the legislative and executive branches of the Florida state government. After nearly …
The (Surprising) Truth About Schiavo: A Defeat For The Cause Of Autonomy, O. Carter Snead
The (Surprising) Truth About Schiavo: A Defeat For The Cause Of Autonomy, O. Carter Snead
O. Carter Snead
A survey of the commentary following the conclusion of the Theresa Marie Schiavo matter leaves one with the impression that the case was a victory for the cause of autonomy and the right of self-determination in the end-of-life context. In this essay, I seek to challenge this thesis and demonstrate that, contrary to popular understanding, it is the defenders of autonomy and self-determination who should be most troubled by what transpired in the Schiavo case. In support of this claim, I will first set forth (in cursory fashion) the underlying aim of the defenders of autonomy in this context. Then, …
Public Bioethics And The Bush Presidency, O. Carter Snead
Public Bioethics And The Bush Presidency, O. Carter Snead
O. Carter Snead
Public bioethics figured prominently during the tenure of President George W. Bush. This Article explores the Bush legacy in this domain. It begins by articulating and examining the grounding norms of President Bush’s approach to public bioethics. Next, it analyzes how these norms were applied to concrete areas of concern. Building on this analysis, the next section reflects on what the President’s actions illustrate about the capacity of the Executive Branch to shape public bioethics. The Article concludes with a brief discussion of the possible metrics by which the Bush Administration’s efforts might be judged, and then offers several assessments …
Preparing The Groundwork For A Responsible Debate On Stem Cell Research And Human Cloning, O. Carter Snead
Preparing The Groundwork For A Responsible Debate On Stem Cell Research And Human Cloning, O. Carter Snead
O. Carter Snead
The debate over both cloning and stem cell research has been intense and polarizing. It played a significant role in the recently completed presidential campaign, mentioned by both candidates on the stump, at both parties' conventions, and was even taken up directly during one of the presidential debates. The topic has been discussed and debated almost continuously by the members of the legal, scientific, medical, and public policy commentariat. I believe that it is a heartening tribute to our national polity that such a complex moral, ethical, and scientific issue has become a central focus of our political discourse. But, …
Legal Dimensions Of Adolescent Sexuality, Roxanne Mykitiuk, Stephanie Turnham
Legal Dimensions Of Adolescent Sexuality, Roxanne Mykitiuk, Stephanie Turnham
Roxanne Mykitiuk
The ethical and legal obligations with respect to treating a minor can be confusing, particularly in the areas of consent to treatment, confidentiality, and parental involvement. The clinician must be aware of the appropriate course of practice when the patient is an adolescent seeking care for contraception, pregnancy, or sexually transmitted infections. This article examines a number of ethical and legal issues that arise when providing reproductive and sexual health care to an adolescent and offers recommendations for the physician’s most appropriate courses of action regarding adolescent patients and the age of consent to sexual activity, reporting of child abuse, …
The Canadian Assisted Human Reproduction Act: Protecting Women’S Health While Potentially Allowing Human Somatic Cell Nuclear Transfer Into Non-Human Oocytes, Roxanne Mykitiuk, Jeff Nisker, Robyn Bluhm
The Canadian Assisted Human Reproduction Act: Protecting Women’S Health While Potentially Allowing Human Somatic Cell Nuclear Transfer Into Non-Human Oocytes, Roxanne Mykitiuk, Jeff Nisker, Robyn Bluhm
Roxanne Mykitiuk
Caulfield and Bubela (2007) argue that the Canadian Assisted Human Reproduction Act (An Act Respecting Assisted Human Reproduction and Related Research (S.C. 2004, c.2) imposes a complete “criminal ban” on somatic cell nuclear transfer (SCNT) that is unwarranted because, they contend, the ban was based on concerns regarding the moral status of the human embryo, which is inappropriate in a “pluralistic society.”
Accessing Justice Amid Threats Of Contagion, Janet E. Mosher
Accessing Justice Amid Threats Of Contagion, Janet E. Mosher
Janet Mosher
Plans to prepare for a global pandemic have proliferated in recent years, and “legal preparedness” has emerged as a critical component of such plans. Commonly, the threat of disease is analogized to terrorism and recast as an issue of national security. In this framing, laws authorizing surveillance, containment, and forced treatment are understood as necessary. Law’s promise of protection against abuses in the exercise of such powers through procedural rights of review offers meagre comfort for critics concerned that individual liberties will readily yield to national security and public health in the context of an actual pandemic. An alternative framing …
Who's Zoomin' Who?: Comments On Liability For Pharmaceutical Products In Canada, Allan C. Hutchinson, Sue Hodgson
Who's Zoomin' Who?: Comments On Liability For Pharmaceutical Products In Canada, Allan C. Hutchinson, Sue Hodgson
Allan C. Hutchinson
A collection of papers from the ninth Fulbright Colloquium held in September 1989. The papers compare legal practices and procedures in North America and Europe and the barriers to drug development caused by increased litigation in cases involving pharmaceutical products.
Fallout From Chaoulli: Is It Time To Find Cover?, Joan M. Gilmour
Fallout From Chaoulli: Is It Time To Find Cover?, Joan M. Gilmour
Joan M. Gilmour
This article examines the implications of the decision in Chaoulli v. Quebec (A.G.) for Canadian health policy. The author assesses whether governments are likely to strengthen medicare, given past performance and the exit option Chaoulli presents. The article analyzes the consequences of increasing private care and private insurance, concluding this will diminish the publicly funded system. It contrasts Chaoulli -with courts' dismissals of claims for Charter protection of minimal social and economic security, despite the profound effects of the latter on health status. It concludes by noting Chaoulli is one more example of the increasing prevalence of discourse normalizing privatization …
On The Importance Of Intellectual Property Rights For E-Science And The Integrated Health Record, Giuseppina D'Agostino, Chris Hinds, Marina Jirotka, Charles Meyer
On The Importance Of Intellectual Property Rights For E-Science And The Integrated Health Record, Giuseppina D'Agostino, Chris Hinds, Marina Jirotka, Charles Meyer
Giuseppina D'Agostino
An integrated health record (IHR) that enables clinical data to be shared at a national level has profound implications for medical research. Data that have been useful primarily within a single clinic will instead be free to move rapidly around a national network infrastructure. This raises challenges for technologists, clinical practice, and for the governance of these data. This article considers one specific issue that is currently poorly understood: how intellectual property (IP) relates to the sharing of medical data for research on large-scale electronic networks. Based on an understanding of current practices, this article presents recommendations for the governance …
Compensating Extra Costs For Persons With Disabilities Through Economic Equality: The U.S. And Swedish Legal Approach In A Human Rights Perspective, James Gilson, Richard Sahlin
Compensating Extra Costs For Persons With Disabilities Through Economic Equality: The U.S. And Swedish Legal Approach In A Human Rights Perspective, James Gilson, Richard Sahlin
James A Gilson
Disabled persons can incur costs that are directly related to their disabilities, and which are often not publicly sponsored through health care insurance, such as Medicare and Medicaid in the U.S. or through targeted support and services administered through the Swedish central government, county councils and municipalities. For purposes of this article such un-covered and un-reimbursed expenses are referred to as “extra costs.” For example, a visually impaired person may pay extra costs for his or her guide dog such as dog food and veterinary care. A person with rheumatism may pay an extra cost for an alternative treatment such …
Anomalies In The Affordable Care Act That Arise From Reading The Phrase “Exchange Established By The State” Out Of Context, Timothy Stoltzfus Jost, James Engstrand
Anomalies In The Affordable Care Act That Arise From Reading The Phrase “Exchange Established By The State” Out Of Context, Timothy Stoltzfus Jost, James Engstrand
Timothy S. Jost
The Supreme Court is currently considering in King v. Burwell whether residents of all States can receive premium tax credits under the Patient Protection and Affordable Care Act (ACA). The Plaintiffs-Petitioners brought this litigation as a challenge to the validity of a Treasury Department rule allowing all ACA health insurance Exchanges or marketplaces, including federally facilitated Exchanges (FFEs), to support and grant the credits. They invite the Court to focus solely on four words in two subsections of Section 36B of the Internal Revenue Code that they interpret as limiting tax credits to individuals who can use a State-operated Exchange …
The Supreme Court Limits Lawsuits Against Managed Care Organizations, Timothy Stoltzfus Jost
The Supreme Court Limits Lawsuits Against Managed Care Organizations, Timothy Stoltzfus Jost
Timothy S. Jost
In Aetna Health Inc. v. Davila, the United States Supreme Court revisited the question of whether the Employee Retirement Income Security Act (ERISA) precludes state lawsuits against ERISA plans. The Court held that ERISA preempts damage actions brought against managed care organizations under the Texas Health Care Liability Act because ERISA itself provides the exclusive remedy for challenging ERISA plans' coverage decisions. The Court suggested, however, that health plans might be liable for treatment decisions made by employed physicians. It also volleyed back to Congress the question of whether ERISA beneficiaries should have any remedy for damages caused by coverage …
Self-Insurance For Small Employers Under The Affordable Care Act: Federal And State Regulatory Options, Timothy Stoltzfus Jost, Mark A. Hall
Self-Insurance For Small Employers Under The Affordable Care Act: Federal And State Regulatory Options, Timothy Stoltzfus Jost, Mark A. Hall
Timothy S. Jost
As implementation of the Affordable Care Act reshapes the US health insurance market, state and federal policy makers should be prepared to revisit regulation of stop-loss coverage — a form of reinsurance — for small businesses. Aspects of the reform law could motivate small businesses to self-insure, rather than participate in state-regulated markets either inside or outside the new health insurance exchanges. If younger or healthier groups self-insure, premiums for insured plans will rise, perhaps to an extent that could seriously impair the regulated market. State or federal lawmakers can influence small businesses to participate in the regulated market by …
Predicting The Fallout From King V. Burwell - Exchanges And The Aca, Nicholas Bagley, David K. Jones, Timothy Stoltzfus Jost
Predicting The Fallout From King V. Burwell - Exchanges And The Aca, Nicholas Bagley, David K. Jones, Timothy Stoltzfus Jost
Timothy S. Jost
The U.S. Supreme Court's surprise announcement on November 7 that it would hear King v. Burwell struck fear in the hearts of supporters of the Affordable Cara Act (ACA). At stake is the legality of an Internal Revenue Service (IRS) rule extending tax credits to the 4.5 million people who bought their health plans in the 34 states that declined to establish their own health insurance exchanges under the ACA. The case hinges on enigmatic statutory language that seems to link the amount of tax credits to a health plan purchased "through an Exchange established by the State." According to …
The Tenuous Nature Of The Medicaid Entitlement, Timothy Stoltzfus Jost
The Tenuous Nature Of The Medicaid Entitlement, Timothy Stoltzfus Jost
Timothy S. Jost
Though Medicare was from the outset an entitlement under federal law, the status of Medicaid has always been less certain. Arguably, it was the Supreme Court, rather than Congress that first recognized that Medicaid recipients (and providers) could sue the states in federal court to enforce federal Medicaid requirements. A recent widely reported federal court decision, however, called radically into question the continuing existence of a federal Medicaid entitlement. Though this decision has now been reversed, and rejected by other courts, it illustrates the tenuous nature of the Medicaid entitlement, and the need to reconstitute Medicaid as an exclusively federal …
Beyond Repeal--A Republican Proposal For Healthcare Reform, Timothy Stoltzfus Jost
Beyond Repeal--A Republican Proposal For Healthcare Reform, Timothy Stoltzfus Jost
Timothy S. Jost
Not available.
Consumer-Driven Health Care In South Africa: Lessons From Comparative Health Policy Studies, Timothy Stoltzfus Jost
Consumer-Driven Health Care In South Africa: Lessons From Comparative Health Policy Studies, Timothy Stoltzfus Jost
Timothy S. Jost
Consumer-driven health care, based on health savings accounts and high deductible health insurance policies, seems to be the next big thing in U.S. health policy. Long supported by conservative and libertarian advocacy groups, it received a big-boost with the HSA tax subsidy provisions of the Medicare Modernization Act. The question remains, however, whether consumer-driven health care can really bring down health care costs while improving quality and access, as its supporters claim that it will. This article examines the experience of South Africa, where medical savings accounts have long been available and are widely used. It concludes that South Africa's …
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Sital Kalantry
The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …
The Aca, Provider Mergers And Hospital Pricing: Experimenting With Smart, Lower-Cost Health Insurance Options, Susan A. Channick
The Aca, Provider Mergers And Hospital Pricing: Experimenting With Smart, Lower-Cost Health Insurance Options, Susan A. Channick
Susan A. Channick
This paper addresses the issue of whether the recent significant uptick in provider mergers and the implementation of the Affordable Care Act have a particularly adverse effect on provider pricing in the commercial insurance market. Uncompetitive provider markets exacerbate already existing high cost issues such as lack of transparency in provider pricing, patient behavior that conflates reputation and quality, and payers’ inability, or at least reluctance, to exclude high-price providers from their networks. The ACA’s incentives for providers to coordinate patient care and hospitals’ revenue losses from reductions in Medicare reimbursement create further rationales for consolidation. The burden of finding …