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Full-Text Articles in Law
Rulemaking By Ambush: How Prohibitions Against It Became Dead Letters, Arthur G. Sapper
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
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
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
Brigham Young University Journal of Public Law
No abstract provided.
Non-Consensual Disclosures, Nina Varsava
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
“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
Extending Nepa To Disaster Mitigation, Kevin Alden
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.