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Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
Aaron Edlin
The Supreme Court’s opinion in Federal Trade Commission v. Actavis, Inc. provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. In our previous article, Activating Actavis, we identified and operationalized the essential features of the Court’s analysis. Our analysis has been challenged by four economists, who argue that our approach might condemn procompetitive settlements.As we explain in this reply, such settlements are feasible, however, only under special circumstances. Moreover, even where feasible, the parties would not actually choose such a settlement in equilibrium. These considerations, and others discussed in the reply, serve to confirm …
Abstractfinal.Docx, Madelyn J. Miles, Sarah Kercsmar
Abstractfinal.Docx, Madelyn J. Miles, Sarah Kercsmar
Madelyn Miles
How To Think About Religious Freedom In An Egalitarian Age, Nelson Tebbe
How To Think About Religious Freedom In An Egalitarian Age, Nelson Tebbe
Nelson Tebbe
No abstract provided.
Racist Health Care: Reforming An Unjust Health Care System To Meet The Needs Of African-Americans, Vernellia R. Randall
Racist Health Care: Reforming An Unjust Health Care System To Meet The Needs Of African-Americans, Vernellia R. Randall
Vernellia R. Randall
No abstract provided.
Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall
Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall
Vernellia R. Randall
This Article examines current tort remedies for personal injury claims and explores the problems that arise when these remedies are applied to physicians' actions that are directed by third-party payers. Part II of this Article explores the organization and historical development of managed health care products. Part III considers the past and present uses of the utilization review process and financial risk shifting. Part IV explores the applicability of traditional theories of tort liability to third-party payers, including direct liability of third-party payers who market managed care products. Part V considers the barriers that ERISA presents to compensating patients for …
To Recognize The Tyranny Of Distance: A Spatial Reading Of Whole Women's Health V. Hellerstedt, Lisa R. Pruitt , Michele Statz
To Recognize The Tyranny Of Distance: A Spatial Reading Of Whole Women's Health V. Hellerstedt, Lisa R. Pruitt , Michele Statz
Lisa R Pruitt
Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky
Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Panel 3: Moving Forward: The Goals Of Personalized Medicine And Consumer Participation, Donna Cryer, Amy Miller, Robert Dinerstein
Panel 3: Moving Forward: The Goals Of Personalized Medicine And Consumer Participation, Donna Cryer, Amy Miller, Robert Dinerstein
Robert Dinerstein
No abstract provided.
Virginia V. Sebelius - Professors Of Federal Jurisdiction Amicus Brief, Erwin Chemerinsky, Janet Cooper Alexander
Virginia V. Sebelius - Professors Of Federal Jurisdiction Amicus Brief, Erwin Chemerinsky, Janet Cooper Alexander
Erwin Chemerinsky
No abstract provided.
Our Daughters' Future, Eric J. Segall, Erwin Chemerinsky
Our Daughters' Future, Eric J. Segall, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky
Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Compulsory Vaccination Laws Are Constitutional, Erwin Chemerinsky, Michele Goodwin
Compulsory Vaccination Laws Are Constitutional, Erwin Chemerinsky, Michele Goodwin
Erwin Chemerinsky
A measles epidemic in California, that then spread to other states, focused national attention on the many children who have been vaccinated against communicable diseases. This Essay focuses on the constitutional issues concerning compulsory vaccination laws and argues that every state should require compulsory vaccination of all children, unless there is a medical reason why the child should not be vaccinated. There should be no exception to the compulsory vaccination requirement on account of the parents’ religion or conscience, or for any reason other than medical necessity. The government’s interest in protecting children and preventing the spread of communicable disease …
Washington V. Glucksberg Was Tragically Wrong, Erwin Chemerinsky
Washington V. Glucksberg Was Tragically Wrong, Erwin Chemerinsky
Erwin Chemerinsky
Properly focused, there were two questions before the Supreme Court in Washington v. Glucksberg. First, in light of all of the other non-textual rights protected by the Supreme Court under the "liberty" of the Due Process Clause, is the right to assisted death a fundamental right? Second, if so, is the prohibition of assisted death necessary to achieve a compelling interest? Presented in this way, it is clear that the Court erred in Washington v. Glucksberg. The right of a terminally ill person to end his or her life is an essential aspect of autonomy, comparable to aspects of autonomy …
Beyond Canterbury: Can Medicine And Law Agree About Informed Consent? And Does It Matter?, 45 J.L. Med. & Ethics 106 (2017), Marc Ginsberg
Beyond Canterbury: Can Medicine And Law Agree About Informed Consent? And Does It Matter?, 45 J.L. Med. & Ethics 106 (2017), Marc Ginsberg
Marc D. Ginsberg
For those of us whose scholarship focuses on medico-legal jurisprudence, the law of informed consent is a gift. It has been a fertile topic of discussion for decades, with no end in sight. Although it is not difficult to acknowledge that patient autonomy is at the core of informed consent, the doctrine is not static - it has evolved in scope and continues to engage courts in thought provoking analysis.
The Relation Between Autonomy-Based Rights And Profoundly Disabled Persons, Norman L. Cantor
The Relation Between Autonomy-Based Rights And Profoundly Disabled Persons, Norman L. Cantor
Norman Cantor
“The Relation Between Autonomy-based Rights and Profoundly Mentally Disabled Persons” Competent persons have fundamental rights to decide about abortion, methods of contraception, and rejection of life-sustaining medical treatment. Profoundly disabled persons are so cognitively impaired that they cannot make their own serious medical decisions. Yet some courts suggest that the mentally impaired are entitled to “the same right” to choice regarding critical medical decisions as competent persons. This article discusses the puzzling question of how to relate autonomy-based rights to never-competent persons. It argues that while profoundly disabled persons cannot be entitled to make their own medical decisions, they have …
On Kamisar, Killing, And The Future Of Physician-Assisted Death, Norman L. Cantor
On Kamisar, Killing, And The Future Of Physician-Assisted Death, Norman L. Cantor
Norman Cantor
In a famous 1958 article, Yale Kamisar brilliantly examined the hazards of abuse and of slippery slope extensions that subsequently, for 46 years, served to thwart legalization of physician-assisted death (PAD). This paper shows that during the same period law and culture have effectively accepted a variety of ways for stricken people to hasten death, with physicians involved in diverse roles. Those ways include rejection of nutrition and hydration, terminal sedation, administration of risky analgesics, and withholding or withdrawal of medical life support. If these existing lawful modes of hastening death were widely acknowledged, the pressure to legalize voluntary active …
On Hastening Death Without Violating Legal Or Moral Prohibitions, Norman L. Cantor
On Hastening Death Without Violating Legal Or Moral Prohibitions, Norman L. Cantor
Norman Cantor
While the vast majority of fatally afflicted persons have a powerful wish to remain alive, some stricken persons may, for any of a host of reasons, desire to hasten death. Some persons are afflicted with chronic degenerative diseases that take a grievous toll. Chronic pain may be severe and intractable, anxiety about a future treatment regimen may be distressing, and helplessness may erode personal dignity and soil the image that the afflicted person wants to leave behind. A dying patient’s interest in hastening death is often said to be in tension with a bedrock social principle that respect for sanctity …
Changing The Paradigm Of Advance Directives To Avoid Prolonged Dementia, Norman L. Cantor
Changing The Paradigm Of Advance Directives To Avoid Prolonged Dementia, Norman L. Cantor
Norman Cantor
Financial Conflicts Of Interest In Science, Joanna K. Sax
Financial Conflicts Of Interest In Science, Joanna K. Sax
Joanna K Sax
This Article proposes a new direction for addressing financial conflicts of interest, which plague biomedical research and threaten scientific integrity. This Article descriptively states the controversy surrounding financial conflicts of interest by explaining how these conflicts arise and the damage that can be created as a result. By describing the scientific process, the Article explains that changes to the academic environment may allow the public-private interaction to proceed, without creating the problems associated with financial conflicts of interest.
Financial conflicts of interest are created when the profit-seeking motive of a private funding source unduly influences an academic scientist's primary responsibilities. …
Dietary Supplements Are Not All Safe And Not All Food: How The Low Cost Of Dietary Supplements Preys On The Consumer, Joanna K. Sax
Dietary Supplements Are Not All Safe And Not All Food: How The Low Cost Of Dietary Supplements Preys On The Consumer, Joanna K. Sax
Joanna K Sax
Dietary supplements are regulated as food, even though the safety and efficacy of some supplements are unknown. These products are often promoted as 'natural.' This leads many consumers to fail to question the supplements' safety, and some consumers even equate 'natural' with safe. But, 'natural' does not mean safe. For example, many wild berries and mushrooms are dangerous although they are natural. Another example is tobacco -- a key ingredient in cigarettes: it is natural, but overwhelming studies have established the harm of cigarette smoke. The Food and Drug Administration (FDA) only has limited ability to regulate the entry of …
The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax
The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax
Joanna K Sax
This article presents an innovative study of the effect of individual states and private institutes in pushing forward stem cell research despite a federal ban on creating new stem cell lines. The author analyzes the impact of state legislation, proposing that states are reacting to federal policy by serving as laboratories for what is traditionally federally funded biomedical research.
Can The Right To Stop Eating And Drinking Be Implemented By A Surrogate?
Can The Right To Stop Eating And Drinking Be Implemented By A Surrogate?
Norman Cantor
Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson
Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson
Eloisa C Rodríguez-Dod
This Article argues that laws created to curtail the spread of deadly contagious diseases need to be drafted and implemented in ways that maximize acceptance of an affected communities’ cultural and religious beliefs. When laws are put in place that are inconsistent with community mores, the overall goal of stopping an epidemic is threatened. Communities often distrust government and other relief organizations who mandate rules and regulations that impinge their religious and cultural beliefs; thus, these regulations geared at helping communities can paradoxically undermine the goal of preventing the spread of infectious disease. This Article focuses on the need for …
The Puerto Rico-Chicago Connection: Cross-Boundary Drug-Treatment In The United States (2016), Sarah Dávila-Ruhaak, Steven D. Schwinn
The Puerto Rico-Chicago Connection: Cross-Boundary Drug-Treatment In The United States (2016), Sarah Dávila-Ruhaak, Steven D. Schwinn
Sarah Dávila-Ruhaak
1. The John Marshall Law School International Human Rights Clinic is a law school student-practice clinic that is committed to the investigation of human rights abuses, the publication of abuses, and the protection against abuses within the United States and around the world. 2. The International Human Rights Clinic has been investigating human rights abuses arising out of a systematic practice of government officials and cooperating private individuals to relocate homeless, drug-addicted persons to putative drug-treatment centers in Chicago, Illinois. In fact, these so-called drug-treatment centers deprive individuals of their physical liberty; fail to provide adequate food, shelter, and other …
Cholera As A Grave Violation Of The Right To Water In Haiti (2014), Sarah Dávila-Ruhaak, Steven D. Schwinn, Beatrice Lindstrom
Cholera As A Grave Violation Of The Right To Water In Haiti (2014), Sarah Dávila-Ruhaak, Steven D. Schwinn, Beatrice Lindstrom
Sarah Dávila-Ruhaak
This report is submitted to the United Nation’s Special Rapporteur on the Human Right to Safe Drinking Water and Sanitation concerning the United Nation’s responsibility in spreading cholera in Haiti as a violation of the right to water and sanitation. The submission discusses violations of the right to water, including the role of United Nations peacekeepers in introducing the virus to Haiti following the 2010 earthquake. The report addresses the United Nations’ unwillingness to accept responsibility for its role in the outbreak and its failure to establish redress mechanisms for victims affected by the cholera epidemic. It further discusses the …
Some Lessons Learned From The Aids Pandemic, Mark E. Wojcik
Some Lessons Learned From The Aids Pandemic, Mark E. Wojcik
Mark E. Wojcik
No abstract provided.
Physician Encounters With Human Trafficking: Legal Consequences And Ethical Considerations, Jonathan Todres
Physician Encounters With Human Trafficking: Legal Consequences And Ethical Considerations, Jonathan Todres
Jonathan Todres
There is growing recognition and evidence that health care professionals regularly encounter - though they may not identify - victims of human trafficking in a variety of health care settings. Identifying and responding appropriately to trafficking victims or survivors requires not only training in trauma-informed care but also consideration of the legal and ethical issues that arise when serving this vulnerable population. This essay examines three areas of law that are relevant to this case scenario: criminal law, with a focus on conspiracy; service provider regulations, with a focus on mandatory reporting laws; and human rights law. In addition to …
The Finney County, Kansas Community Assessment Process: Fact Book, Debra J. Bolton Phd, Shannon L. Dick M.S.
The Finney County, Kansas Community Assessment Process: Fact Book, Debra J. Bolton Phd, Shannon L. Dick M.S.
Dr. Debra Bolton
This multi-lingual/multi-cultural study was called, Community Assets Processt, by the groups that “commissioned” it: Finnup Foundation, Finney County K-State Research & Extension, Western Kansas Community Foundation, Finney County United Way, Finney County Health Department, United Methodist Community Health Center (UMMAM), Center for Children and Families, Garden City Recreation Commission, and the Garden City Cultural Relations Board, because we intend for this to be an ongoing discussion. An objective, for those promoting the study, was to connect foundation, state, and federal funding with activities or services that addressed the true needs of people living in Finney County. The group was looking …