Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 12 of 12
Full-Text Articles in Law
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 …
Utilitarian Triage In Disasters, Alyssa Nielsen
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.
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.
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.
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.