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Health Law and Policy

2001

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Articles 1 - 30 of 136

Full-Text Articles in Law

Westside Mothers And Medicaid: Will This Mean The End Of Private Enforcement Of Federal Funding Conditions Using Section 1983?, Michael A. Platt Dec 2001

Westside Mothers And Medicaid: Will This Mean The End Of Private Enforcement Of Federal Funding Conditions Using Section 1983?, Michael A. Platt

American University Law Review

No abstract provided.


Egregious Error Or Admirable Advance: The Memorandum Of Understanding That Enables Federally Funded Basic Human Embryonic Stem Cell Research, Amy Ligler Oct 2001

Egregious Error Or Admirable Advance: The Memorandum Of Understanding That Enables Federally Funded Basic Human Embryonic Stem Cell Research, Amy Ligler

Duke Law & Technology Review

Nothing contained herein shall be considered to be the grant of a commercial license or right under the Wisconsin Patent Rights or to Wisconsin Materials. Furthermore, nothing contained herein shall be construed to be a waiver of WiCell's patent rights under the Wisconsin Patent Rights or WiCell's property rights in Wisconsin Materials.


Legislative And Judicial Solutions For Mental Health Parity: S. 543, Reasonable Accommodation, And An Individualized Remedy Under Title I Of The Ada, Keith Nelson Oct 2001

Legislative And Judicial Solutions For Mental Health Parity: S. 543, Reasonable Accommodation, And An Individualized Remedy Under Title I Of The Ada, Keith Nelson

American University Law Review

No abstract provided.


Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker Oct 2001

Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker

University of Miami Law Review

No abstract provided.


Protecting Our Mentally Ill: A Critique Of The Role Of Indiana State Courts In Protecting Involuntarily Committed Mental Patients' Right To Refuse Medication, Michael Leonard Goff Jr. Oct 2001

Protecting Our Mentally Ill: A Critique Of The Role Of Indiana State Courts In Protecting Involuntarily Committed Mental Patients' Right To Refuse Medication, Michael Leonard Goff Jr.

Indiana Law Journal

No abstract provided.


Women's' Right To Abortion Protected In Now V. Scheidler, Danielle Baldassarre Sep 2001

Women's' Right To Abortion Protected In Now V. Scheidler, Danielle Baldassarre

Buffalo Women's Law Journal

No abstract provided.


Parental Consent Legislation Benefits Minors Seeking Abortions, Jason Allen Macbride Sep 2001

Parental Consent Legislation Benefits Minors Seeking Abortions, Jason Allen Macbride

Buffalo Women's Law Journal

No abstract provided.


Examining Global Access To Essential Pharmaceuticals In The Face Of Patent Protection Rights: The South African Example, Bess-Carolina Dolmo Sep 2001

Examining Global Access To Essential Pharmaceuticals In The Face Of Patent Protection Rights: The South African Example, Bess-Carolina Dolmo

Buffalo Human Rights Law Review

No abstract provided.


You Get What You Pay For: Result-Based Compensation For Health Care, David A. Hyman, Charles Silver Sep 2001

You Get What You Pay For: Result-Based Compensation For Health Care, David A. Hyman, Charles Silver

Washington and Lee Law Review

No abstract provided.


A Reconsideration Of The Physicians’ Immunity Statute, Steve Dirksen Aug 2001

A Reconsideration Of The Physicians’ Immunity Statute, Steve Dirksen

Duke Law & Technology Review

The author assesses the "physicians' immunity statute" from legal policy, ethical, and financial perspectives, and concludes that alternatives such as licensure and monetary incentives would better serve the goal of encouraging invention more effectively by rewarding it.


The Clone Wars: The Growing Debate Over Federal Cloning Legislation, John Garvish Jun 2001

The Clone Wars: The Growing Debate Over Federal Cloning Legislation, John Garvish

Duke Law & Technology Review

As readers of science fiction are well aware, the term "clone" refers to asexually produced offspring, that is, offspring produced by a process of cell-division which does not begin with the union of two sex cells. A clone is the genetic twin of the cell donor. Propagation of plants by this method is, of course, commonplace, but mammalian reproduction in this fashion would indeed be a revolutionary accomplishment, with profound and disturbing implications.


Hipaa Becomes Reality: Compliance With New Privacy, Security, And Electronic Transmission Standards, Mary Beth Johnson, Leighton Roper Jun 2001

Hipaa Becomes Reality: Compliance With New Privacy, Security, And Electronic Transmission Standards, Mary Beth Johnson, Leighton Roper

West Virginia Law Review

No abstract provided.


E-Health: The Medical Frontier--Preface, Brian J. Caveney Jun 2001

E-Health: The Medical Frontier--Preface, Brian J. Caveney

West Virginia Law Review

No abstract provided.


Cybermedicine And Virtual Pharmacies, Ronald L. Scott Jun 2001

Cybermedicine And Virtual Pharmacies, Ronald L. Scott

West Virginia Law Review

No abstract provided.


Going, Going, Gone...The Opportunities And Legal Pitfalls Of Online Surgical Auctions, Brian J. Caveney Jun 2001

Going, Going, Gone...The Opportunities And Legal Pitfalls Of Online Surgical Auctions, Brian J. Caveney

West Virginia Law Review

No abstract provided.


Health Care, Technology And Federalism, Kevin Outterson Jun 2001

Health Care, Technology And Federalism, Kevin Outterson

West Virginia Law Review

No abstract provided.


The Taming Of E-Health: Asserting U.S. Juridiction Over Foreign And Domestic Websites, Melissa K. Cantrell Jun 2001

The Taming Of E-Health: Asserting U.S. Juridiction Over Foreign And Domestic Websites, Melissa K. Cantrell

West Virginia Law Review

No abstract provided.


Where The Wild Wind Blows: Genetically Altered Seed And Neighboring Farmers, Jill Sudduth May 2001

Where The Wild Wind Blows: Genetically Altered Seed And Neighboring Farmers, Jill Sudduth

Duke Law & Technology Review

In March 2001, agro-business giant Monsanto won a victory in Canadian Federal Court over Saskatchewan farmer Percy Schmeiser. This case sets international precedent for appropriated seed cases and illustrates the primary concerns American courts must face as they consider Monsanto's prosecution of 22 cases against American farmers.


Lengthening The Stem: Allowing Federally Funded Researchers To Derive Human Pluripotent Stem Cells From Embryos, Jason H. Casell May 2001

Lengthening The Stem: Allowing Federally Funded Researchers To Derive Human Pluripotent Stem Cells From Embryos, Jason H. Casell

University of Michigan Journal of Law Reform

Recent developments in fetal tissue research and stem cell research have led to dramatic breakthroughs in the search for cures for Parkinson's disease, Alzheimer's disease, diabetes, and a host of neurological disorders. Because this research involves fetal tissue and stem cells from human embryos, many complicated ethical and legal implications surround it. This Note explores the history of fetal tissue research and stem cell research, examines the surrounding ethical and legal issues, looks at the current state of federal law, and concludes that Congress should allow federally funded researchers to derive stem cells from discarded human embryos obtained from in …


Demographic Crisis In Japan: Why Japan Might Open Its Doors To Foreign Home Health-Care Aides, Carmel A. Morgan May 2001

Demographic Crisis In Japan: Why Japan Might Open Its Doors To Foreign Home Health-Care Aides, Carmel A. Morgan

Washington International Law Journal

Japan is currently facing a two-fold demographic crisis: its birthrate is rapidly falling and its population is rapidly aging. Despite the present recession, Japan is confronting a significant shortage of workers in the health-care field. There may not be enough home health-care aides to meet the needs of all of the elderly who are eligible for visits under Japan's new long-term care insurance program. The Ministry of Justice has recently proposed allowing more foreigners to work in Japan. The proposal encourages the admission of immigrants to work as "home helpers," an occupation that is considered unskilled. This proposal marks a …


Redefining The Experimental Or Investigational Exclusion: A Guide For Erisa Health Plans, Stuart A. Brock Apr 2001

Redefining The Experimental Or Investigational Exclusion: A Guide For Erisa Health Plans, Stuart A. Brock

North Carolina Central Law Review

No abstract provided.


Public Health Law In South Africa, By Sundrasagaran Nadasen, Obijiofor Aginam Apr 2001

Public Health Law In South Africa, By Sundrasagaran Nadasen, Obijiofor Aginam

Indiana Journal of Global Legal Studies

No abstract provided.


Your Dna Is Your Resume: How Inadequate Protection Of Genetic Information Perpetuates Employment Discrimination Apr 2001

Your Dna Is Your Resume: How Inadequate Protection Of Genetic Information Perpetuates Employment Discrimination

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Protecting Privacy And Enabling Pharmaceutical Sales On The Internet: A Comparative Analysis Of The United States And Canada, Nicole A. Rothstein Mar 2001

Protecting Privacy And Enabling Pharmaceutical Sales On The Internet: A Comparative Analysis Of The United States And Canada, Nicole A. Rothstein

Federal Communications Law Journal

The Internet raises enhanced and unique concerns regarding informational health privacy and Internet pharmacy sales. As technology advances and the Internet changes the way people obtain medical services and products, protecting consumers and their informational health data in online pharmaceutical transactions is paramount. This Comment charts and compares the existing legal frameworks in the United States and Canada relative to informational health privacy. Following this discussion, each legal framework comes into sharp focus with regard to Internet pharmacy sales. Ultimately, this Comment concludes that based on the highly sensitive nature of personal medical information, a baseline privacy standard should be …


The Fate Of Gene Patents Under The New Utility Guidelines Feb 2001

The Fate Of Gene Patents Under The New Utility Guidelines

Duke Law & Technology Review

The United States Patent and Trademark Office (PTO) recently finalized its patent utility guidelines. Promulgated by the PTO, the new guidelines will be used by patent examiners in determining whether a claimed invention should be awarded patent protection ;and will be used by patent applicants and attorneys who file patent applications. The guidelines focus primarily on the utility standards for gene and gene fragment patents, an issue that was featured in the PTO's 1999 Revised Interim Utility Guidelines and has been the subject of considerable public debate.


Hiv/Aids And Human Rights In Russia: Compliance And The Rule Of Law, William F. Flanagan Jan 2001

Hiv/Aids And Human Rights In Russia: Compliance And The Rule Of Law, William F. Flanagan

Osgoode Hall Law Journal

This article examines Russia’s legal response to its ongoing HIV/AIDS epidemic. Russia’s international human rights obligations are reviewed and the article then critically assesses the extent to which Russia’s current HIV/AIDS law and practice are consistent with those obligations. The paper demonstrates that most aspects of Russia’s HIV/AIDS laws are consistent with Russia’s international obligations. However, the paper also documents key parts of HIV/AIDS practice in Russia that are seriously inconsistent with both Russian HIV/AIDS law and Russia’s international human rights obligations. This inconsistency between HIV-related de jure norms and de facto practice raises the question of compliance with the …


Secret Code: The Need For Enhanced Privacy Protections In The United States And Canada To Prevent Employment Discrimination Based On Genetic And Health Information, Patrik S. Florencio, Erik D. Ramanathan Jan 2001

Secret Code: The Need For Enhanced Privacy Protections In The United States And Canada To Prevent Employment Discrimination Based On Genetic And Health Information, Patrik S. Florencio, Erik D. Ramanathan

Osgoode Hall Law Journal

The collection of genetic and health information by employers for reasons that are unrelated to the health and safety of workers is an undue infringement of the right to privacy, and consequently should be firmly prohibited by statute. Comprehensive genetic and health information privacy requires the protection of at least three critical elements of the right to privacy--namely choice, secrecy, and confidentiality. While choice and secrecy protect the individual's right to privacy at the collection stage, confidentiality safeguards this right at the point of disclosure. Laws that focus on the inappropriate use of genetic and health information without addressing the …


Respiratory Care Board, Paul T. Greco, Jessica A. Neyman, Collette C. Galvez Jan 2001

Respiratory Care Board, Paul T. Greco, Jessica A. Neyman, Collette C. Galvez

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Michelle J. Hubbard, Mary J. Rocco, J. D. Fellmeth Jan 2001

Veterinary Medical Board, Michelle J. Hubbard, Mary J. Rocco, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Psychology, Jessica A. Neyman, Mary J. Rocco, J. D. Fellmeth Jan 2001

Board Of Psychology, Jessica A. Neyman, Mary J. Rocco, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.