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Articles 91 - 120 of 265
Full-Text Articles in Law
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Program: Connecting Girls’ Programs And Girls In Juvenile Justice, Francine Sherman
Program: Connecting Girls’ Programs And Girls In Juvenile Justice, Francine Sherman
Francine T. Sherman
No abstract provided.
The Case For National Dna Identification Cards, Ben Quarmby
The Case For National Dna Identification Cards, Ben Quarmby
Duke Law & Technology Review
Foes of the United States have demonstrated their ability to strike at the heart of this country. Fear of renewed attacks and a desire for greater national security have now prompted many to call for improvements in the national personal identification system. In particular, the possibility of a national identification card containing the carrier's DNA information is being seriously considered. However, this raises difficult questions. Would such a card system, and the extraction of individuals' DNA it entails, violate the 4th Amendment of the Constitution? This article will show that such a card system could in fact be found to …
Converging On Nursing Home Quality, Lisa Sprague
Converging On Nursing Home Quality, Lisa Sprague
National Health Policy Forum
This paper looks at nursing home quality initiatives, built around public reporting of quality data, that have been inaugurated by the Centers for Medicare and Medicaid Services and the California HealthCare Foundation. How the projects were developed is explored, along with preliminary indicators of their impact on consumers and providers and likely next steps in their evolution.
A Policy Overview, Stephen Utz
Physician Restrictive Covenants: The Neglect Of The Incompetent Patients' Interests, S. Elizabeth Malloy
Physician Restrictive Covenants: The Neglect Of The Incompetent Patients' Interests, S. Elizabeth Malloy
Faculty Articles and Other Publications
The article examines how courts in different jurisdictions have addressed restrictive employment covenants for physicians and proposes a new approach drawn from the third-party beneficiary analysis in contract law. Physicians hired into existing practices often must sign substantial non-compete agreements. In evaluating the enforceability of any restrictive covenant, courts consider, among other factors, the agreement's effect on the public. Surprisingly, the vast majority of jurisdictions treat the "public interest" analysis vis-a-vis physician restrictive covenants no differently than any other commercial restrictive covenant; this approach neglects the impact that such agreements can have on a physician's existing patients. Although at first …
Police Training And Specialized Approaches For Responding To People With Mental Illnesses, Judy Hails, Randy Borum
Police Training And Specialized Approaches For Responding To People With Mental Illnesses, Judy Hails, Randy Borum
Mental Health Law & Policy Faculty Publications
Eighty-four medium and large law enforcement agencies reported the amount of training provided on mental-health-related issues and the use of specialized responses for calls involving people with mental illnesses. Departments varied widely in the amount of training provided on mental-health-related topics, with a median of 6.5 hours for basic recruits and 1 hour for in-service training. Approximately one third of the agencies (32%) had some specialized response for dealing with calls involving people with mental illnesses. Twenty-one percent had a special unit or bureau within the department to assist in responding to these calls; 8% had access to a mental …
Medical Restrictive Covenants In Illinois: At The Crossroads Of Carter-Shields And Prairie Eye Center, Stuart Gimbel, Miles J. Zaremski
Medical Restrictive Covenants In Illinois: At The Crossroads Of Carter-Shields And Prairie Eye Center, Stuart Gimbel, Miles J. Zaremski
Annals of Health Law and Life Sciences
This article examines the history, development and treatment by Illinois courts of medical restrictive covenants. The authors highlight two recent cases from Illinois, one from the Supreme Court and the other authored by an appellate court panel. The article concludes by providing not only a forecast of how such covenants should be treated by Illinois state courts in the future, but also a pathway for the expectations of health care practitioners who wish to use restrictive covenants in their employment relationships with their colleagues.
Changing The Law, Changing The Culture: Rethinking The "Sleepy Resident" Problem, Jennifer F. Whetsell
Changing The Law, Changing The Culture: Rethinking The "Sleepy Resident" Problem, Jennifer F. Whetsell
Annals of Health Law and Life Sciences
Ms. Whetsell examines the Bell Regulations, which limit New York's hospital residents' work hours and require increased supervision from senior doctors, in light of the currently pending federal bill that seeks to do the same. The article argues that the federal government should draw lessons from the New York experience before proceeding with similar guidelines. The article notes that many roadblocks have prevented successful implementation of the New York policy, including a long-standing tradition of "hazing" first-year residents with long, unsupervised hours; medical community resistance to the notion of residents' sleep deprivation and dislike of government interference; and a general …
Access To Health Care: What A Difference Shades Of Color Make, Gwendolyn Roberts Majette
Access To Health Care: What A Difference Shades Of Color Make, Gwendolyn Roberts Majette
Annals of Health Law and Life Sciences
Professor Majette's timely article examines an age-old problem: the effect of race and ethnicity on a patient's receipt of health care. Her article analyzes some of the major health care access issues, with a focus on barriers confronting African Americans, Asians, Hispanics, and Native Americans. Some of the barriers include inability to pay, cultural insensitivity, a shortage of health care providers, and discrimination. She also examines some of the unsuccessful legal solutions and remedies designed to eliminate these barriers. Given the complexity of the access barriers encountered by people of color, Professor Majette concludes that only an interdisciplinary approach can …
Foreword, Larry Singer, John Blum
Foreword, Larry Singer, John Blum
Annals of Health Law and Life Sciences
No abstract provided.
Quality Assurance And Hospital Structure: How The Physician-Hospital Relationship Affects Quality Measures, Ronald G. Spaeth, Kelley C. Pickering, Shannon M. Webb
Quality Assurance And Hospital Structure: How The Physician-Hospital Relationship Affects Quality Measures, Ronald G. Spaeth, Kelley C. Pickering, Shannon M. Webb
Annals of Health Law and Life Sciences
Mr. Spaeth writes about the relationship between hospital administration and the physician, and how that relationship affects the quality of medical care delivered to the patient. The article focuses on the differences between the employment structure in an academic teaching hospital, and the open, independent contractor medical staff typical of a traditionally smaller community hospitals. The individual traits and nuances of these structures and how they can be distinguished from one another create dynamic differences in the approach for quality care. Peer review, credentialing, and management of adverse outcomes are just a few of the ways in which hospitals continue …
The Hospital Board At Risk And The Need To Restructure The Relationship With The Medical Staff: Bylaws, Peer Review And Related Solutions, John P. Marren, G. Landon Feazell, Michael W. Paddock
The Hospital Board At Risk And The Need To Restructure The Relationship With The Medical Staff: Bylaws, Peer Review And Related Solutions, John P. Marren, G. Landon Feazell, Michael W. Paddock
Annals of Health Law and Life Sciences
This article argues that the current structure of the hospital governing board and medical staff relationship does not support and promote quality and patient-centered care. The fundamental flaw in the current structure is the interdependent, yet independent and discordant relationships between hospital governing boards and medical staffs. These relationships are described as cultures and fit into three types of "silos": organizational (the "structural silo"); professional (the "professional silo", including the "culture of blame"); and the fragmented quality information silo (the "informational silo"). While case law, statutory requirements and regulatory expectations clearly state that governing boards are ultimately responsible for quality …
Off-Label Or Out Of Bounds? Prescriber And Marketer Liability For Unapproved Uses Of Fda-Approved Drugs, James O'Reilly, Amy Dalal
Off-Label Or Out Of Bounds? Prescriber And Marketer Liability For Unapproved Uses Of Fda-Approved Drugs, James O'Reilly, Amy Dalal
Annals of Health Law and Life Sciences
Professor O'Reilly's study of recent drug review legislation applies a historical and holistic view of promotion practices for unapproved uses of prescription drugs. He faults Congress for moving public health protections away from a strictly protective mode and toward assistance to drug marketers. He argues that the adverse health consequences of "off-label" promotion of drugs are not well understood, and that the 1997 amendments disserved the public health interest while expanding pharmaceutical company profits.
Fda's Proposed Rules On Patent Listing Requirements For New Drug And 30-Month Stays On Anda Approval (Proposed Oct. 24, 2002), Yuk Fung Hui
Fda's Proposed Rules On Patent Listing Requirements For New Drug And 30-Month Stays On Anda Approval (Proposed Oct. 24, 2002), Yuk Fung Hui
Annals of Health Law and Life Sciences
In order to close the loophole in the generic drug approval process that allows a brand name drug patent holder to delay or defeat generic drug application merely by technicality, the FDA recently proposed to modify its regulations. Those proposals affect the patent listing requirements of a new drug application, and the duration of time that a generic drug application could be put on hold in the event of a patent infringement suit. With the modified rules, the FDA expects to see an increase in the availability of generic drugs, which eventually will lead to lower drug costs. Ms. Hui …
Legal Movements In Intellectual Property: Trips, Unilateral Action, Bilateral Agreements, And Hiv/Aids, Margo A. Bagley
Legal Movements In Intellectual Property: Trips, Unilateral Action, Bilateral Agreements, And Hiv/Aids, Margo A. Bagley
Faculty Articles
This Article begins with an overview of the relationship between the Agreement on Trade-Related Aspects of Intellectual Property Rights (the "TRIPS Agreement") and the HIV/AIDS pandemic which created the need for the Doha Declaration. It then discusses two trade-related movements, unilateral action and TRIPS-plus bilateral agreements, that call into question the long-term effectiveness of the TRIPS Agreement process, generally, and the benefits of the Doha Declaration, in particular, in addressing multiple facets of the access to essential medicines problem. This Article concludes that a consideration of these issues should be included in the development of any further TRIPS-related solutions to …
Biodefense: Who's In Charge?, Victoria Sutton
Biodefense: Who's In Charge?, Victoria Sutton
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Regulation Of Biological Research In The Terrorism Era, Barry Kellman
Regulation Of Biological Research In The Terrorism Era, Barry Kellman
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Expanding Health Flexible Spending Accounts To Reimburse Over-The-Counter Drugs: A Positive Move, Susan E. Cancelosi
Expanding Health Flexible Spending Accounts To Reimburse Over-The-Counter Drugs: A Positive Move, Susan E. Cancelosi
Law Faculty Research Publications
No abstract provided.
'Information Feudalism: Who Owns The Knowledge Economy. A Book Review' (2003) 21 (1) Prometheus 127-132, Matthew Rimmer
'Information Feudalism: Who Owns The Knowledge Economy. A Book Review' (2003) 21 (1) Prometheus 127-132, Matthew Rimmer
Matthew Rimmer
Back in 1995, Peter Drahos wrote a futuristic article called ‘Information feudalism in the information society’. It took the form of an imagined history of the information society in the year 2015. Drahos provided a pessimistic vision of the future, in which the information age was ruled by the private owners of intellectual property. He ended with the bleak, Hobbesian image:"It is unimaginable that the information society of the 21st century could be like this. And yet if abstract objects fall out of the intellectual commons and are enclosed by private owners, private, arbitrary, unchecked global power will become a …
Navigating Uncharted Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung
Navigating Uncharted Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung
Faculty Scholarship
No abstract provided.
What Makes Genetic Discrimination Exceptional?, Deborah Hellman
What Makes Genetic Discrimination Exceptional?, Deborah Hellman
Faculty Scholarship
No abstract provided.
Navigating Unchartered Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung
Navigating Unchartered Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung
Journal of Health Care Law and Policy
No abstract provided.
Public Access Versus Proprietary Rights In Genomic Information: What Is The Proper Role Of Intellectual Property Rights?, Janice M. Mueller
Public Access Versus Proprietary Rights In Genomic Information: What Is The Proper Role Of Intellectual Property Rights?, Janice M. Mueller
Journal of Health Care Law and Policy
No abstract provided.
Data-Sharing And Data-Withholding In The Genetics And The Life Sciences: Results Of A National Survey Of Technology Transfer Officers, Eric G. Campbell, Eran Bendavid
Data-Sharing And Data-Withholding In The Genetics And The Life Sciences: Results Of A National Survey Of Technology Transfer Officers, Eric G. Campbell, Eran Bendavid
Journal of Health Care Law and Policy
No abstract provided.
Reproductive Genetics 1991-2002: A Selected Annotated Legal Bibliography Of Genetic Testing, Gene Transfer And Reproductive Cloning, Gail H. Javitt
Reproductive Genetics 1991-2002: A Selected Annotated Legal Bibliography Of Genetic Testing, Gene Transfer And Reproductive Cloning, Gail H. Javitt
Journal of Health Care Law and Policy
No abstract provided.
Law & Health Care Newsletter, V. 11, No. 1, Fall 2003
Law & Health Care Newsletter, V. 11, No. 1, Fall 2003
Law & Health Care Newsletter
No abstract provided.
Law & Health Care Newsletter, V. 10, No. 2, Spring 2003
Law & Health Care Newsletter, V. 10, No. 2, Spring 2003
Law & Health Care Newsletter
No abstract provided.
Federal Whistleblower Protection: A Means To Enforcing Maximum-Hour Legislation For Medical Residents, Robert Neil Wilkey
Federal Whistleblower Protection: A Means To Enforcing Maximum-Hour Legislation For Medical Residents, Robert Neil Wilkey
William Mitchell Law Review
The extension of whistleblower protection to medical residents is by no means a panacea to current abusive working conditions. Roles exist for the federal government, the states, and institutional organizations such as the ACGME. Whistleblower protection provides one subtle yet effective regulatory tool that could undoubtedly result in enforcement of labor standards and ultimately better working conditions for medical residents.
Ban On Partial-Birth Abortion Clears Another Hurdle, Eileen D. Collins
Ban On Partial-Birth Abortion Clears Another Hurdle, Eileen D. Collins
Public Interest Law Reporter
No abstract provided.