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Full-Text Articles in Law

Rulemaking By Ambush: How Prohibitions Against It Became Dead Letters, Arthur G. Sapper Oct 2023

Rulemaking By Ambush: How Prohibitions Against It Became Dead Letters, Arthur G. Sapper

Brigham Young University Journal of Public Law

No abstract provided.


Recapturing The Orphan Drug Act: An Analysis Of Proposals, Rajdeep Trilokekar Sep 2023

Recapturing The Orphan Drug Act: An Analysis Of Proposals, Rajdeep Trilokekar

Brigham Young University Journal of Public Law

No abstract provided.


Covid’S Counterpunch: State Legislative Assaults On Publichealth Emergency Powers, James G. Hodge Jr., Jennifer L. Piatt Feb 2022

Covid’S Counterpunch: State Legislative Assaults On Publichealth Emergency Powers, James G. Hodge Jr., Jennifer L. Piatt

Brigham Young University Journal of Public Law

Amid the most impactful health crisis in over a century, COVID’s “counterpunch” entails aggressive efforts by numerous state legislatures to diminish state and local public health emergency powers. It is an incredulous movement facially supported by a need to appropriately balance economic interests and rights with communal health objectives. At its political core, however, is a “power grab” by legislatures to free their constituents from extensive emergency powers (e.g., social distancing, assembly limits, and business closures). Never mind the fact that these interventions, when used effectively and constitutionally, save lives and reduce morbidity. Public health agents and activists are understandably …


Implications Of Azar V. Allina Health Services On Rulemaking: How To Know When Notice And Comment Is Required Under The Medicare Act, John Geilman Feb 2022

Implications Of Azar V. Allina Health Services On Rulemaking: How To Know When Notice And Comment Is Required Under The Medicare Act, John Geilman

Brigham Young University Journal of Public Law

No abstract provided.


Non-Consensual Disclosures, Nina Varsava Dec 2021

Non-Consensual Disclosures, Nina Varsava

BYU Law Review

In the course of biomedical research on humans — for example, flu, imaging, and genomic studies — researchers often uncover information about participants that is important to their health and wellbeing. In many cases, the information is not anticipated in advance, and participants did not consent to receiving it. This Article examines the law and policy governing human subjects research, focusing on the set of regulations known as the "Common Rule." I argue that human subjects researchers will often have strong ethical reason s to disclose results even when participants did not consent to the disclosure in advance. I also …


“Love Is Distance”: Is That So? Lockdown Strategies, Medically Vulnerable People, And Relational Ethics, Nili Karako-Eyal Mar 2021

“Love Is Distance”: Is That So? Lockdown Strategies, Medically Vulnerable People, And Relational Ethics, Nili Karako-Eyal

Brigham Young University Journal of Public Law

No abstract provided.


Utilitarian Triage In Disasters, Alyssa Nielsen Feb 2021

Utilitarian Triage In Disasters, Alyssa Nielsen

BYU Law Review

No abstract provided.


Extending Nepa To Disaster Mitigation, Kevin Alden Nov 2020

Extending Nepa To Disaster Mitigation, Kevin Alden

Brigham Young University Journal of Public Law

No abstract provided.


Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin Nov 2020

Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin

BYU Law Review

No abstract provided.


Notice And Consent: A Healthy Balance Between Privacy And Innovation For Wearables, Erika J. Nash Feb 2019

Notice And Consent: A Healthy Balance Between Privacy And Innovation For Wearables, Erika J. Nash

Brigham Young University Journal of Public Law

No abstract provided.


Notice And Consent: A Healthy Balance Between Privacy And Innovation For Wearables, Greg L. Johnson Feb 2019

Notice And Consent: A Healthy Balance Between Privacy And Innovation For Wearables, Greg L. Johnson

Brigham Young University Journal of Public Law

No abstract provided.


Improving Veteran Access To Critical Care: Full Practice Authority And Nurse Anesthetists, Catherine Mumford Sep 2018

Improving Veteran Access To Critical Care: Full Practice Authority And Nurse Anesthetists, Catherine Mumford

Brigham Young University Journal of Public Law

No abstract provided.


Improving Veteran Access To Critical Care: Full Practice Authority And Nurse Anesthetists, Don C. Fletcher Sep 2018

Improving Veteran Access To Critical Care: Full Practice Authority And Nurse Anesthetists, Don C. Fletcher

Brigham Young University Journal of Public Law

No abstract provided.


Trading Safety For Innovation And Access: An Empirical Evaluation Of The Fda’S Premarket Approval Process, George Horvath Jul 2017

Trading Safety For Innovation And Access: An Empirical Evaluation Of The Fda’S Premarket Approval Process, George Horvath

BYU Law Review

Congress created the premarket approval process (PMA) to provide a rigorous safety evaluation of high-risk medical devices before they may be sold on the U.S. market. Evaluating a PMA application requires the Food and Drug Administration (FDA) to conduct a lengthy, complex, and costly assessment of the extensive data a manufacturer must submit. But other policy concerns, notably a fear of hampering innovation and a desire to assure timely access to new technologies, have led Congress to relax some of the rigorous data requirements the PMA process imposes on manufacturers. Congress mandates that the FDA employ the “least burdensome” approach …


The Creation Of Hipaa Culture: Prioritizing Privacy Paranoia Over Patient Care, Jessica Jardine Wilkes Nov 2014

The Creation Of Hipaa Culture: Prioritizing Privacy Paranoia Over Patient Care, Jessica Jardine Wilkes

BYU Law Review

No abstract provided.


Charitable Fsas: A Proposal To Combine Healthcare And Charitable Giving Tax Provisions, Adam Chodorow May 2011

Charitable Fsas: A Proposal To Combine Healthcare And Charitable Giving Tax Provisions, Adam Chodorow

BYU Law Review

No abstract provided.


Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law, Ryan Card Nov 2010

Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law, Ryan Card

BYU Law Review

No abstract provided.


Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger Nov 2010

Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger

BYU Law Review

No abstract provided.


Getting It Right By Getting It Wrong: How The Supreme Court Helped Healthcare Reform By Incorrectly Applying The Standard Of Review In Pharmaceutical Research And Manufacturers Of America V. Walsh, Brian Y. Furuya Mar 2006

Getting It Right By Getting It Wrong: How The Supreme Court Helped Healthcare Reform By Incorrectly Applying The Standard Of Review In Pharmaceutical Research And Manufacturers Of America V. Walsh, Brian Y. Furuya

Brigham Young University Journal of Public Law

No abstract provided.


The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer May 2000

The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer

Brigham Young University Journal of Public Law

No abstract provided.


Unraveling The Lining Of Erisa Health Insurer Pockets-A Vote For National Federal Common Law Adoption Of The Make Whole Doctrine, David M. Kono Mar 2000

Unraveling The Lining Of Erisa Health Insurer Pockets-A Vote For National Federal Common Law Adoption Of The Make Whole Doctrine, David M. Kono

BYU Law Review

No abstract provided.


Related Services Under The Individuals With Disabilities Educational Act: Health Care Services For Students With Complex Health Care Needs, Ann Rozycki Mar 1996

Related Services Under The Individuals With Disabilities Educational Act: Health Care Services For Students With Complex Health Care Needs, Ann Rozycki

Brigham Young University Education and Law Journal

No abstract provided.


Tax Policy And Health Care Reform: Rethinking The Tax Treatment Of Employer-Sponsored Health Insurance, Bradley W. Joondeph Nov 1995

Tax Policy And Health Care Reform: Rethinking The Tax Treatment Of Employer-Sponsored Health Insurance, Bradley W. Joondeph

BYU Law Review

No abstract provided.


The Race To The Courthouse: Conflicting Views Toward The Judicial Review Of Osha Standards, David R. Cherrington Mar 1994

The Race To The Courthouse: Conflicting Views Toward The Judicial Review Of Osha Standards, David R. Cherrington

BYU Law Review

No abstract provided.


The Economics And Politics Of Emergency Health Care For The Poor: The Patient Dumping Dilemma, Maria O'Brien Hylton Nov 1992

The Economics And Politics Of Emergency Health Care For The Poor: The Patient Dumping Dilemma, Maria O'Brien Hylton

BYU Law Review

No abstract provided.