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Articles 1 - 23 of 23
Full-Text Articles in Law
Promoting Healing And Avoiding Retraumatization: A Proposal To Improve Mental Health Care For Detained Unaccompanied Minors Through A Best Interests Of The Child Standard, Francesca J. Babetski
Promoting Healing And Avoiding Retraumatization: A Proposal To Improve Mental Health Care For Detained Unaccompanied Minors Through A Best Interests Of The Child Standard, Francesca J. Babetski
William & Mary Law Review
Part I of this Note will describe the circuit split. It will provide background on the A.M. [A.M. v. Luzerne County Juvenile Detention Center] and Doe 4 cases, including an explanation of the major precedents on which the Third and Fourth Circuits based their respective decisions. Then, Part II will argue that A.M. and its deliberate indifference standard cannot appropriately be applied in cases involving detained unaccompanied minors, also called Unaccompanied Alien Children (UACs). This almost twenty-year-old standard does not consider the latest information about immigration policy and the unique mental health needs of UACs such as Doe …
Patent Prophylaxis: Expanding Access To Prep Through 28 U.S.C. § 1498, Jonathan A. Bell
Patent Prophylaxis: Expanding Access To Prep Through 28 U.S.C. § 1498, Jonathan A. Bell
William & Mary Law Review
Part I of this Note details the discovery of Truvada for PrEP [pre-exposure prophylaxis] and the ongoing patent infringement litigation brought by HHS [United States Department of Health and Human Services], discusses the patents currently held by CDC and Gilead, and examines the shortcomings of infringement litigation as a means to expand access to the drug. Part II analyzes the mechanism of march-in rights under the Bayh-Dole Act and discusses two previously attempted applications for the HIV-management drug ritonavir to demonstrate why march-in rights will always fail to expand access to life-saving medications or reduce costs to consumers. Part III …
Neuroscience And Criminal Justice: Time For A "Copernican Revolution"?, John S. Callender
Neuroscience And Criminal Justice: Time For A "Copernican Revolution"?, John S. Callender
William & Mary Law Review
The main purpose of this Article is to argue for a fundamental change in the conceptual orientation of criminal justice: from one based on concepts such as free will, desert, and moral responsibility, to one based on empirical science. The Article describes research in behavioral genetics, acquired brain injuries, and psychological traumatization in relation to criminality. This research has reached a level of development at which the traditional approach to criminality is no longer tenable and should be discarded. I argue that mental health legislation provides a model that could be adapted and applied to offenders.
Fiscal Waivers And State "Innovation" In Health Care, Matthew B. Lawrence
Fiscal Waivers And State "Innovation" In Health Care, Matthew B. Lawrence
William & Mary Law Review
This Article describes how the Department of Health and Human Services (HHS) has used fiscal waiver authorities—delegated power to alter federal payments to states under Medicaid and the Affordable Care Act (ACA)—to influence state health policy choices. It highlights how the agency uses its fiscal waiver authorities to shape which reforms states choose to pursue, in some cases inspiring genuine state innovation and in others encouraging states to adopt reforms favored by HHS or discouraging states from adopting disfavored reforms. Moreover, while HHS has sometimes influenced state policy making in ways that further the substantive goals of the ACA and …
Genetic Duties, Jessica L. Roberts, Alexandra L. Foulkes
Genetic Duties, Jessica L. Roberts, Alexandra L. Foulkes
William & Mary Law Review
Most of our genetic information does not change, yet the results of our genetic tests might. Labs reclassify genetic variants in response to advances in genetic science. As a result, a person who took a test in 2010 could take the same test with the same lab in 2020 and get a different result. However, no legal duty requires labs or physicians to inform patients when a lab reclassifies a variant, even if the reclassification communicates clinically actionable information. This Article considers the need for such duties and their potential challenges. In so doing, it offers much-needed guidance to physicians …
Telemedicine And Malpractice: Creating Uniformity At The National Level, Tyler D. Wolf
Telemedicine And Malpractice: Creating Uniformity At The National Level, Tyler D. Wolf
William & Mary Law Review
Picture this: an elderly gentleman living alone, isolated in a rural, midwestern locale. One day, this elderly gentleman awakes to find a distinct rash forming on his chest. The nearest doctor capable of performing an examination is located over a hundred miles away, and this man has not driven more than ten miles in twenty years. Shambling into his living room, the elderly man logs onto his computer and begins typing. Within twenty minutes he is videoconferencing with a doctor who examines the rash remotely and makes a diagnosis.
Through advances in telemedicine, the scenario described above is becoming an …
The Internet Of Bodies, Andrea M. Matwyshyn
The Internet Of Bodies, Andrea M. Matwyshyn
William & Mary Law Review
This Article introduces the ongoing progression of the Internet of Things (IoT) into the Internet of Bodies (IoB)—a network of human bodies whose integrity and functionality rely at least in part on the Internet and related technologies, such as artificial intelligence. IoB devices will evidence the same categories of legacy security flaws that have plagued IoT devices. However, unlike most IoT, IoB technologies will directly, physically harm human bodies—a set of harms courts, legislators, and regulators will deem worthy of legal redress. As such, IoB will herald the arrival of (some forms of) corporate software liability and a new legal …
An Implied Defense: Self-Disclosure Offers A Defense To The Expanded False Claims Liability After Universal Health Services V. Escobar, Megan E. Italiano
An Implied Defense: Self-Disclosure Offers A Defense To The Expanded False Claims Liability After Universal Health Services V. Escobar, Megan E. Italiano
William & Mary Law Review
No abstract provided.
Anticompetitive Manipulation Of Rems: A New Exception To Antitrust Refusal-To-Deal Doctrine, Tyler A. Garrett
Anticompetitive Manipulation Of Rems: A New Exception To Antitrust Refusal-To-Deal Doctrine, Tyler A. Garrett
William & Mary Law Review
No abstract provided.
Drugs For The Indigent: A Proposal To Revise The 340b Drug Pricing Program, Connor J. Baer
Drugs For The Indigent: A Proposal To Revise The 340b Drug Pricing Program, Connor J. Baer
William & Mary Law Review
No abstract provided.
The Federal Medical Loss Ratio: A Permissible Federal Regulation Or An Encroachment On State Power?, Meghan S. Stubblebine
The Federal Medical Loss Ratio: A Permissible Federal Regulation Or An Encroachment On State Power?, Meghan S. Stubblebine
William & Mary Law Review
No abstract provided.
The Affordable Care Act, The Constitutional Meaning Of Statutes, And The Emerging Doctrine Of Positive Constitutional Rights, Edward Rubin
The Affordable Care Act, The Constitutional Meaning Of Statutes, And The Emerging Doctrine Of Positive Constitutional Rights, Edward Rubin
William & Mary Law Review
No abstract provided.
Paging Dr. Google: Personal Health Records And Patient Privacy, Colin P. Mccarthy
Paging Dr. Google: Personal Health Records And Patient Privacy, Colin P. Mccarthy
William & Mary Law Review
No abstract provided.
Of State Laboratories And Legislative Alloys: How "Fair Share" Laws Can Be Written To Avoid Erisa Preemption And Influence Private Sector Health Care Reform In America, Darren Abernethy
William & Mary Law Review
No abstract provided.
Not Just A Minimum Income Policy For Physicians: The Need For Good Faith And Fair Dealing In Physician Deselection Disputes, Stephen D. Coppolo
Not Just A Minimum Income Policy For Physicians: The Need For Good Faith And Fair Dealing In Physician Deselection Disputes, Stephen D. Coppolo
William & Mary Law Review
No abstract provided.
Gaps, Inexperience, Inconsistencies, And Overlaps: Crisis In The Regulation Of Genetically Modified Plants And Animals, Gregory N. Mandel
Gaps, Inexperience, Inconsistencies, And Overlaps: Crisis In The Regulation Of Genetically Modified Plants And Animals, Gregory N. Mandel
William & Mary Law Review
The regulation of genetically modified products pursuant to statutes enacted decades prior to the advent of biotechnology has created a regulatory system that is passive rather than proactive about risks, has difficulty adapting to biotechnology advances, and is highly fractured and inefficient-transgenic plants and animals are governed by at least twelve different statutes and five different agencies or services. The deficiencies resulting from this piecemeal approach to regulation unnecessarily expose society and the environment to adverse risks of biotechnology and introduce numerous inefficiencies into the regulatory system. These risks and inefficiencies include gaps in regulation, duplicative and inconsistent regulation, unnecessary …
The Biological Alteration Cases, Sheldon Gelman
The Biological Alteration Cases, Sheldon Gelman
William & Mary Law Review
No abstract provided.
Medical Malpractice: Facing Real Problems And Finding Real Solutions, Michael J. Saks
Medical Malpractice: Facing Real Problems And Finding Real Solutions, Michael J. Saks
William & Mary Law Review
No abstract provided.
Anencephalic Newborns As Organ Donors: An Assessment Of "Death" And Legislative Policy, Kathleen L. Paliokas
Anencephalic Newborns As Organ Donors: An Assessment Of "Death" And Legislative Policy, Kathleen L. Paliokas
William & Mary Law Review
No abstract provided.
Myelography, Laminectomy, And Fusion In Workman's Compensation - Compelling The Claimant To Submit, William L. Wilks
Myelography, Laminectomy, And Fusion In Workman's Compensation - Compelling The Claimant To Submit, William L. Wilks
William & Mary Law Review
No abstract provided.
Medical-Legal Screening Panels As An Alternative Approach To Medical Malpractice Claims, Robert L. Winikoff
Medical-Legal Screening Panels As An Alternative Approach To Medical Malpractice Claims, Robert L. Winikoff
William & Mary Law Review
No abstract provided.
Book Review Of Narcotics And The Law, Joseph M. Cormack
Book Review Of Narcotics And The Law, Joseph M. Cormack
William & Mary Law Review
No abstract provided.
Commitment Of The Mentally Ill In Virginia, William A. Wray
Commitment Of The Mentally Ill In Virginia, William A. Wray
William & Mary Law Review
No abstract provided.