Law Commons^™

3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom

Evan R. Youngstrom

Today, our society is on a precipice of significant advancement in healthcare because 3D printing will usher in the next generation of medicine. The next generation will be driven by customization, which will allow doctors to replace limbs and individualize drugs. However, the next generation will be without large pharmaceutical companies and their justifications for strong intellectual property rights. However, the current patent system (which is underpinned by a social tradeoff made from property incentives) is not flexible enough to cope with 3D printing’s rapid development. Very soon, the social tradeoff will no longer benefit society, so it must be …

How Did You Know That? Protecting Privacy Interests Of Research Participants Via Certificates Of Confidentiality, Jonathan S. Miller

Jonathan S Miller

Answering novel medical hypotheses requires investigators to have robust and demographically diverse biospecimens and genetic data to facilitate their research. Doing so however also requires adequate participation by human subjects willing to consent to the donation and use of their biospecimens and genetic data for future unforeseen research. Although advances in scientific methodologies and technologies to understand the etiology of diseases and facilitate the development of improved therapeutics are critical to enhancing the common good; these advances pose informational risks associated with the re-identification of individuals. The conundrum exists about how to mitigate the privacy concerns associated with potential re-identification …

A Traumatic Brain Injury Is A Headache In Both Medical And Legal Circles, Samuel D. Hodge Jr.

Samuel D. Hodge Jr.

A traumatic brain injury (TBI) is the most feared consequence of head trauma. The reason is simple - the brain is who we are, our essence, including our memories of past times, how we respond to the environment with its stresses and challenges, and how we dream and plan for the future. A TBI has become one of the hottest and most controversial areas in personal injury litigation. More and more suits are being filed asserting claims for such problems and it is the signature injury of the Afghanistan and Iraq wars. Much publicity has also been generated about the …

Ivf And The Law: How Legal And Regulatory Neglect Compromised A Medical Breakthrough, Steve Calandrillo

Steve P. Calandrillo

The rise of assisted reproductive technology like in vitro fertilization (IVF) as a method of human reproduction represents a remarkable medical achievement. It has allowed millions of infertile and same-sex couples to have children who were previously only the subject of their unrequited dreams. Live births and success rates have increased dramatically in the past decade, so much so that many fertility clinics “guarantee” a baby to clients who sign up. But with success comes inevitable downsides. Everyone knows that the price tag is steep, but given the demand, that obstacle seems to deter relatively few determined individuals. More insidious …

Invalid Testimony: Disability And Voice In The Criminal Procedure (Co-Authored With Osnat Ein-Dor) (Hebrew), Sagit Mor

Sagit Mor

This Article discuses the sociolegal reality that people with developmental and mental disabilities experience in their interaction with the criminal justice system and the challenges that the criminal system faces when it comes to deal with a case which involves a disabled person. It maintains that the barriers that disabled people face in criminal proceedings do not exist only in pre-trial stages, but also during the trial itself, since courts, too, are impacted by exclusionary legal rules and by cognitive schemas that express negative stereotypes. In 2005 a new law was introduced in Israel: Investigation and Testimony Proceedings (Accommodations for …

From Absence To Presence: A Critique Of Intersex Surgeries (Co-Authored With Maayan Sudai And Or Shai) (Hebrew), Sagit Mor

Sagit Mor

This is the first Article in Israeli legal scholarship that addresses the rights of intersex persons, who were born with "a reproductive or sexual anatomy that doesn’t seemto fit the typical definitions of female or male" (INSA). The common practice in most Western countries today is to operate intersex infants in order to assign them to one of the “conventional” sexes: either male or female. The Article lays the foundations for an intersex critique of law that supports the rights of intersex persons and lays out the ground for the critique of the current legal arrangement and the design of …

Caremark's Irrelevance, Mercer E. Bullard

Mercer E Bullard

In re Caremark Int’l Inc. Derivative Litig. is commonly held out as the iconic corporate law case on liability for a failure of legal compliance, but the true source of corporate law as to legal compliance is the higher standard established by other sources of law. The expected cost of liability, both criminal and civil, for violations of federal healthcare regulations, for example, is a far stronger determinant of corporate compliance systems than potential liability under Caremark. Other areas of industry-specific regulation, such as for financial services, telecommunications and energy, similarly play a greater role than state corporate law in …

"How's My Doctoring?" Patient Feedback's Role In Physician Assessment, Ann Marie Marciarille

Ann Marie Marciarille

A society-wide consumer revolution is underway with the rise of online user-generated review websites such as Yelp, Angie’s List, and Zagat. Service provider reviews are now available with an intensity and scope that attracts increasing numbers of reviewers and readers. Health care providers are not exempt from this new consumer generated scrutiny though they have arrived relatively late to the party and as somewhat unwilling guests.

The thesis of this article is that online patient feedback on physicians is relevant and valuable even though it is also uncomfortable for health care providers. This is because the modern physician-patient relationship is …

Relational Malpractice, Sagit Mor, Orna Rabinovich-Einy

Sagit Mor

Legal scholarship in recent decades has devoted considerable attention to the "malpractice crisis." Surprisingly, however, the vast majority of this literature has overlooked a fundamental aspect of the problem: the deterioration of the doctor-patient relationship. So far, mainstream legal writing on malpractice has tended to frame the situation as either an insurance crisis or a litigation crisis. Although others have acknowledged that the current malpractice regime has negatively affected the doctor patient relationship, they have narrowly framed the scope of the problem, focusing on the aftermath of a medical error. We argue that contemporary doctor-patient interactions often resemble a battle …

Equal Rights For Disabled People In Employment Law – A Critical Assessment (Hebrew), Sagit Mor

Sagit Mor

This article presents a pioneering research project, which seeks to explore whether and to what extent the Equal Rights for People with Disability Law, 1998, had an impact on courts' rulings on matters related to disability employment discrimination. In particular, it seeks to examine (1) whether a consistent and instructive legal doctrine has evolved, one that reflects the principles that guided the framers of the legislation, and (2) whether the legal discourse on disability has changed. The article presents the emerging theory of disability legal studies and its unique and original contribution to legal scholarship. Disability legal studies seeks to …

Resolving Medical Futility Disputes, Thaddeus M. Pope, Donna Casey

Thaddeus Mason Pope

No abstract provided.

Review Of "Health Law And Bioethics: Cases In Context", Michele L. Mekel

Michele L Mekel

A review of the book "Health Law and Bioethics: Cases in Context"

Emerging Issues In Health Care Regulation: Protecting Patients Or Punishing Providers, Michele L. Mekel

Michele L Mekel

No credible claim can assuage the assertion that medical errors beleaguer the health care industry and pose grave danger to patients. As with any issue that impacts both a significant segment of the population and a sizable component of the economy, the government has a vested interest. To that end, governmental forces, both state and federal, increasingly have turned toward the enactment of quality of care and patient protection regulation. Yet, such a command-and-control solution, although comparatively easy to institute, may not provide the optimal resolution. In fact, such top-down regulatory responses to health care quality and patient safety concerns …

I'M Interested In Health Law - Now Where Can I Get A Job?, Jennifer Bard

Jennifer Bard

Health care is a trillion-dollar industry that has grown exponentially over the past ten years with very little sign of slowing. The demand of legal services has tracked the growth of the industry. As a result, individuals in the health care field are increasingly thinking of expanding their career opportunities by getting law degrees and students already enrolled in law schools are interested in pursuing opportunities within health law. This article is intended to serve as a guide to both groups about the wide variety of job opportunities for lawyers within health care, where to find these jobs and how …

Three Ways Of Looking At A Health Law And Literature Class, Jennifer Bard

Jennifer Bard

The authors of this Article participated in a panel at the American Society of Law, Ethics & Medicine Conference in 2008 that discussed the use of literary materials in law school to teach medical ethics (and related matters) in a law school setting. Each author comes at the topic from a different perspective based on his or her own experience and background. This Article and the panel on which it was based reflect views on how literature can play a valuable role in helping law students, as well as medical students, understand important legal and ethical issues and concepts in …