Law Commons^™

Severe Brain Injury, Disability, And The Law: Achieving Justice For A Marginalized Population, Megan S. Wright, Nina Varsava, Joel Ramirez, Kyle Edwards, Nathan Guevremont, Tamar Ezer, Joseph Fins

Florida State University Law Review

Thousands of persons with severe brain injury who are minimally conscious or "locked in" are wrongly treated as if they are unconscious. Such individuals are unable to advocate for themselves and are typically segregated from society in hospitals or nursing homes. As a result, they constitute a class of persons who often lack access to adequate medical care, rehabilitation, and assistive devices that could aid them in communication and recovery. While this problem is often approached from a medical or scientific point of view, here we frame it as a legal issue amenable to legal remedies. This Article comprehensively explores …

Big Brother Or Big Pharma: The Lion Fight Over The Surveillance And Promotion Of Pharmaceutical Use In America, Patrick Bailey

Florida State University Law Review

No abstract provided.

The Uncharted Waters Of Competition And Innovation In Biological Medicines, Erika Lietzan

Florida State University Law Review

In 2010, Congress fundamentally changed how federal law encourages the discovery and development of certain new medicines and for the first time authorized less expensive “duplicates” of these medicines to be approved and compete in the marketplace. The medicines at issue are biological medicines—generally, medicines made from, or grown in, living systems. Many of the world’s most important and most expensive medicines for serious and life-threatening diseases are biological medicines. Today, that law is beginning to bear fruit; FDA has begun to approve the first of these duplicates, called “biosimilars,” and the products have begun to enter the marketplace.

We …

Rethinking Body Property, Kara W. Swanson

Florida State University Law Review

Body products, including blood, gametes, and kidneys, are a routine part of contemporary medicine. They are also controversial. There is a strong preference for donated gifts, based on an intuition that gifts are pure, altruistic, and healthy, and that purchased products (commodities) are tainted, exploitative, and dangerous. Law and policy reflect this dichotomy, preventing market exchanges either by declaring body products non-property or banning sales by the supplying body. Yet with growing scarcity leading to injustice in the allocation and harvesting of body products, calls to allow sales have been increasing, motivating proposals to increase supplies by compensating bone marrow …

Overtreatment And Informed Consent: A Fraud-Based Solution To Unwanted And Unnecessary Care, Isaac D. Buck

Florida State University Law Review

According to multiple accounts, the administration of American health care results in as much as $800 billion in wasted spending due largely to the provision of overly expensive, inefficient, and unnecessary services. Beyond inflicting fiscal pain on the nation’s pocketbook, this waste has no clinical benefit—and often results in unnecessary hospital stays, cascading follow-up procedures, and time-wasting inconvenience for American patients. But aside from the mere annoyance of unnecessary care, the administration of overtreatment—that is, unnecessary care in and of itself—causes harm to the patient. Excessive care is deficient care. Unnecessary care risks potential medical error and infection, and often …

The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie R. Abrams

Florida State University Law Review

This Article considers why there is not more conflict between women and their doctors in obstetric decision-making. While patients in every other medical context have complete autonomy to refuse treatment against medical advice, elect high-risk courses of action, and prioritize their own interests above any other decision-making metric, childbirth is viewed anomalously because of the duty to the fetus that the state and the doctor owe at birth. Many feminist scholars have analyzed the complex resolution of these conflicts when they arise, particularly when the state threatens to intervene to override the birthing woman’s autonomy.

This Article instead considers the …

Improving The Pharmaceutical Industry:Optimality Inside The Framework Of The Current Legal System Provides Access To Medicines For Hiv/Aids Patients In Sub-Saharan Africa, Gourav N. Mukherjee

Florida State University Journal of Transnational Law & Policy

No abstract provided.

A Bold Step: What Florida Should Do Concerning The Health Of Its Rural Communities, Licensure, And Telemedicine, Talley L. Kaleko

Florida State University Law Review

No abstract provided.

Dispelling The Negative Myths Of Managed Care: An Analysis Of Anti-Managed Care Legislation And The Quality Of Care Provided By Health Maintenance Organizations, Bruce D. Platt, Lisa D. Stream

Florida State University Law Review

No abstract provided.

Treating The Mentally Disordered Offender: Society's Uncertain, Conflicted, And Changing Views, Thomas L. Hafemeister, John Petrila

Florida State University Law Review

No abstract provided.

Damage Control For Victims Of Sexual Assault—Testing The Innocent For Aids, Michael P. Bruyere

Florida State University Law Review

No abstract provided.

Release From Terminal Suffering? The Impact Of Aids On Medically Assisted Suicide Legislation, Jody B. Gabel

Florida State University Law Review

No abstract provided.

Improving Access To Nonidentifying Medical Data In Florida Adoptions: A Call For Legislation, Laura Methvin

Florida State University Law Review

No abstract provided.

The Essential Facility Doctrine And The Health Care Industry, Scott D. Makar

Florida State University Law Review

No abstract provided.

Liability For 'Knowing' Transmission Of Hiv: The Evolution Of A Duty To Disclose, Jody B. Gabel

Florida State University Law Review

No abstract provided.

Florida's Hospital Lien Laws, Meta Calder

Florida State University Law Review

No abstract provided.

A Summary Of The Health Care And Insurance Reform Act Of 1993: Florida Blazes The Trail, Bruce D. Platt

Florida State University Law Review

No abstract provided.

The Right To Life In Law: The Embryo And Fetus, The Body And Soul, The Family And Society, Stephen C. Hicks

Florida State University Law Review

No abstract provided.

Florida's Involuntary Aids Testing Statutes, Robert Craig Waters

Florida State University Law Review

No abstract provided.

An Economic Analysis Of Florida's Hospital Certificate Of Need Program And Recommendations For Change, Mark E. Kaplan

Florida State University Law Review

No abstract provided.

Prenatal Health Care: Today's Solution To The Future's Loss, L. Rachel Eisenstein

Florida State University Law Review

No abstract provided.

Florida Durable Power Of Attorney Law: The Need For Reform, Robert Craig Waters

Florida State University Law Review

The durable power of attorney provides a method of planning for illness or incapacity that is less expensive and restrictive than legal guardianship. Yet current Florida law appears to render durable powers either unenforceable or inaccessible to most of the state's population. In this Article, the author provides a history of the durable power, describes the shortcomings of current Florida law, and proposes broad reform.

Florida's Omnibus Aids Act Of 1988, Robert Craig Waters

Florida State University Law Review

In response to the growing fears and sometimes irrational attitudes associated with the deadly disease AIDS, the 1988 Florida Legislature passed the Omnibus AIDS Act, affecting twelve substantive areas of law. In this Article, the author examines each of these areas, suggests the most likely interpretation the courts will accord the new provisions, and makes recommendations to correct oversights and inconsistencies in existing laws.

Sterilization Of The Developmentally Disabled: Shedding Some Myth-Conceptions, Deborah Hardin Ross

Florida State University Law Review

No abstract provided.

The Civilly-Committed Public Mental Patient And The Right To Aftercare, Richard B. Saphire

Florida State University Law Review

No abstract provided.