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Articles 1 - 30 of 163
Full-Text Articles in Law
Attack Of The Clones: Legislative Approaches To Human Cloning In The United States, Adrienne N. Cash
Attack Of The Clones: Legislative Approaches To Human Cloning In The United States, Adrienne N. Cash
Duke Law & Technology Review
The legal concerns involving the application of cloning technology to humans should be of utmost concern, as the area is extremely complex. Cloning could potentially have great benefits or disastrous effects. Lawmakers have been careful to make certain that the legislation passed is comprehensive and useful for regulation of the ever-changing field of cloning. From debates on whether reproductive or therapeutic cloning should be permitted or banned, to concerns as to who has jurisdiction over cloning, the battle to develop cloning legislation has been difficult. However, this iBrief argues that the currently-proposed federal legislation is constitutional.
Health Courts: Panacea Or Palliative?, Carl W. Tobias
Health Courts: Panacea Or Palliative?, Carl W. Tobias
University of Richmond Law Review
No abstract provided.
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
When The Public Does Not Have A Right To Know: How The California Public Records Act Is Deterring Bioscience Research And Development, Nader Mousavi, Matthew J. Kleiman
When The Public Does Not Have A Right To Know: How The California Public Records Act Is Deterring Bioscience Research And Development, Nader Mousavi, Matthew J. Kleiman
Duke Law & Technology Review
Many bioscience firms collaborate with public research universities to conduct innovative research through sponsored research agreements. Companies sponsoring this research usually require strict confidentiality from their academic partners in order to protect sensitive information that, if revealed, could put them at a competitive disadvantage and threaten their ability to obtain future patents. Yet, ambiguous disclosure requirements in the California Public Records Act preclude California's public research universities from guaranteeing that proprietary information provided in connection with sponsored research agreements will remain confidential. Entering into such agreements with public universities in California is therefore a risky proposition for the sponsors. This …
Drugs, Aids And Reproductive Choice: Maternal-State Conflict Continues Into The Millennium, Cheryl E. Amana
Drugs, Aids And Reproductive Choice: Maternal-State Conflict Continues Into The Millennium, Cheryl E. Amana
North Carolina Central Law Review
No abstract provided.
"Tools For Success": The Trips Agreement And The Human Right To Essential Medicines, Melissa Mcclellan
"Tools For Success": The Trips Agreement And The Human Right To Essential Medicines, Melissa Mcclellan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Material-Fetal Conflict: The Right Of A Woman To Refuse A Cesarean Section Versus The State's Interest In Saving The Life Of The Fetus, Daniel R. Levy Esq.
The Material-Fetal Conflict: The Right Of A Woman To Refuse A Cesarean Section Versus The State's Interest In Saving The Life Of The Fetus, Daniel R. Levy Esq.
West Virginia Law Review
No abstract provided.
Standing To Sue: Extending Third-Party Standing To Physician-Providers To Enforce The Medicaid Act., Alejandro R. Almanzan
Standing To Sue: Extending Third-Party Standing To Physician-Providers To Enforce The Medicaid Act., Alejandro R. Almanzan
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Reframing The Issue: Aids As A Global Workforce Crisis And The Emerging Role Of Multinational Corporations, Elizabeth M. Chitty
Reframing The Issue: Aids As A Global Workforce Crisis And The Emerging Role Of Multinational Corporations, Elizabeth M. Chitty
Indiana Journal of Global Legal Studies
No abstract provided.
Examining The Underlying Purposes Of Municipal And Statewide Smoking Bans, Mark J. Horvick
Examining The Underlying Purposes Of Municipal And Statewide Smoking Bans, Mark J. Horvick
Indiana Law Journal
No abstract provided.
The Midwifery Stalemate And Childbirth Choice: Recognizing Mothers-To-Be As The Best Late Pregnancy Decisionmakers, Amy F. Cohen
The Midwifery Stalemate And Childbirth Choice: Recognizing Mothers-To-Be As The Best Late Pregnancy Decisionmakers, Amy F. Cohen
Indiana Law Journal
No abstract provided.
Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff
Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff
Buffalo Law Review
No abstract provided.
Bartering With A Nation's Health Or Improving Access To Pharmaceuticals? The United States-Australia Free Trade Agreement, Katherine M. Van Maren
Bartering With A Nation's Health Or Improving Access To Pharmaceuticals? The United States-Australia Free Trade Agreement, Katherine M. Van Maren
Washington International Law Journal
Providing access to affordable medicines and rewarding innovation produces a difficult tension in the global economy. Different nations deal with this tension differently, as illustrated by the United States-Australia Free Trade Agreement ("U.S.-Australia FTA") negotiations. Both nations stood to benefit greatly from reduced or eliminated tariffs. During negotiations, both nations sought to capitalize on the opportunity to alter certain practices that hindered trade. One such practice was Australia's fifty-five-year-old Pharmaceutical Benefits Scheme ("PBS"). The PBS controls prices for most medicines within Australia. Australian consumers are concerned that the U.S.-Australia FTA will adversely affect access to affordable medicines because free trade …
Hmos Behind Bars: Constitutional Implications Of Managed Health Care In The Prison System, Richard Siever
Hmos Behind Bars: Constitutional Implications Of Managed Health Care In The Prison System, Richard Siever
Vanderbilt Law Review
In 1991, the Correctional Corporation of America (CCA) entered into a contract with the State of Tennessee to house and treat state prisoners at CCA facilities. In response to increased costs, CCA negotiated a contract with a physician to be the exclusive provider of medical services for one of its facilities. Essentially, this contract formed a managed health care system: the doctor's payment structure included a base salary, but it also incorporated financial incentives that could increase his overall compensation if he were to provide less care to inmates.
Later, Anthony Bowman, a prison inmate with sickle cell anemia, died …
Consumer-Directed Health Care And The Chronically Ill, John V. Jacobi
Consumer-Directed Health Care And The Chronically Ill, John V. Jacobi
University of Michigan Journal of Law Reform
Insurance plans with consumer-controlled spending accounts are advocated as tools for reducing health costs and empowering consumers. This Article describes their recent development and argues that they are likely to fail. Instead of focusing on the small number of consumers with chronic illnesses who account for the bulk of health spending they focus on the majority of relatively well consumers. This Article proposes market-based and regulatory changes focused on high-cost patients. To best serve cost and quality goals, health finance responsibility should be divided between consumers and their employers for predictable and routine costs, and government for chronic and catastrophic …
Drug Development And The Public Health Mission: Collaborative Challenges At The Fda, Nih, And Academic Medical Centers, Sheila R. Shulman, Andrea Kuettel
Drug Development And The Public Health Mission: Collaborative Challenges At The Fda, Nih, And Academic Medical Centers, Sheila R. Shulman, Andrea Kuettel
Buffalo Law Review
No abstract provided.
Puncturing The Funnel—Saving The "Any Willing Provider" Statutes From Erisa Preemption, Sharon Reece
Puncturing The Funnel—Saving The "Any Willing Provider" Statutes From Erisa Preemption, Sharon Reece
University of Arkansas at Little Rock Law Review
No abstract provided.
The Price We Are Willing To Pay For Punitive Justice In The Juvenile Detention System: Mentally Ill Delinquents And Their Disproportionate Share Of The Burden, Jessica Ann Garascia
The Price We Are Willing To Pay For Punitive Justice In The Juvenile Detention System: Mentally Ill Delinquents And Their Disproportionate Share Of The Burden, Jessica Ann Garascia
Indiana Law Journal
No abstract provided.
Emtala And Hospital "Community Engagement": The Search For A Rational Policy, Sara Rosenbaum, Bruce Siegel, Marsha Regenstein
Emtala And Hospital "Community Engagement": The Search For A Rational Policy, Sara Rosenbaum, Bruce Siegel, Marsha Regenstein
Buffalo Law Review
No abstract provided.
Medicare Should, But Cannot, Consider Cost: Legal Impediments To A Sound Policy, Jacqueline Fox
Medicare Should, But Cannot, Consider Cost: Legal Impediments To A Sound Policy, Jacqueline Fox
Buffalo Law Review
No abstract provided.
Government Reinsurance Programs And Consumer-Driven Care, John V. Jacobi
Government Reinsurance Programs And Consumer-Driven Care, John V. Jacobi
Buffalo Law Review
No abstract provided.
Beyond The Bylaws: Hospital—Physician Relationships, Economics, And Conflicting Agendas, John D. Blum
Beyond The Bylaws: Hospital—Physician Relationships, Economics, And Conflicting Agendas, John D. Blum
Buffalo Law Review
No abstract provided.
Universal Hospital Insurance And Health Care Reform: Policy Legacies And Path Dependency In The Development Of Canada's Health Care System, Lesley A. Jacobs
Universal Hospital Insurance And Health Care Reform: Policy Legacies And Path Dependency In The Development Of Canada's Health Care System, Lesley A. Jacobs
Buffalo Law Review
No abstract provided.
Akinbola E. Akinwumi On Sickness And Wealth: The Corporate Assault On Global Health By Meredith Fort, Mary Anne Mercer And Oscar Gish (Eds). Cambridge: South End Press, 2004. 237pp., Akinbola E. Akinwumi
Akinbola E. Akinwumi On Sickness And Wealth: The Corporate Assault On Global Health By Meredith Fort, Mary Anne Mercer And Oscar Gish (Eds). Cambridge: South End Press, 2004. 237pp., Akinbola E. Akinwumi
Human Rights & Human Welfare
A review of:
Sickness and Wealth: The Corporate Assault on Global Health by Meredith Fort, Mary Anne Mercer and Oscar Gish (eds). Cambridge: South End Press, 2004. 237pp.
Taking Biologics For Granted? Takings, Trade Secrets, And Off-Patent Biological Products, Andrew Wasson
Taking Biologics For Granted? Takings, Trade Secrets, And Off-Patent Biological Products, Andrew Wasson
Duke Law & Technology Review
Biologics are complex medicines which are often genetically engineered, and which are sure to play an important role in curing some of humankind's worst diseases. Not surprisingly, generic companies want a part of the biologic market. The FDA believes that it has the authority to approve off-patent versions of biologics that were originally regulated under the Food, Drug & Cosmetic Act, but in order to effectively do so the FDA would have to rely on findings based on data produced by the brand name companies. This iBrief examines whether the FDA's reliance on previous findings would give rise to a …
Disclosure Of Clinical Trial Data: Why Exemption 4 Of The Freedom Of Information Act Should Be Restored, Janene Boyce
Disclosure Of Clinical Trial Data: Why Exemption 4 Of The Freedom Of Information Act Should Be Restored, Janene Boyce
Duke Law & Technology Review
Clinical trial data generated during the FDA drug approval process can be very valuable. While patients and doctors desperately need this information to make informed choices about medical treatment, drug sponsors strive to keep this resource secret to ensure their ability to profit from their own research. In the wake of the controversy over antidepressant use in children, both the public and Congress have called for the disclosure of all clinical trial data. However, rather than taking an all-or-nothing approach that could harm the development of new drugs, this iBrief argues that Congress should address the issue of trial data …
Regulating Innovative Medicine: Fitting Square Pegs In Round Holes, Mark Lavender
Regulating Innovative Medicine: Fitting Square Pegs In Round Holes, Mark Lavender
Duke Law & Technology Review
Increasingly, innovative medical products are creating a quandary for the Food and Drug Administration ("FDA") because they often transcend the FDA's traditional categorical approach to regulating medical products. In a recent attempt to simplify this process, the FDA has proposed a new rule for regulating "combination products." This iBrief discusses the FDA's current approach and analyzes the possible affects of the proposed regulation. Because of the many shortcomings of both systems, this iBrief concludes that the FDA should instead stop assigning center jurisdiction based on a product's "primary mode of action," and give the Office of Combination Products internal agency …
A New Quality Challenge: Coordinating Credentialing And Corporate Compliance, Mark A. Kadzielski
A New Quality Challenge: Coordinating Credentialing And Corporate Compliance, Mark A. Kadzielski
Annals of Health Law and Life Sciences
An examination of the post-Darling process of centralized credentialing.
Looking At Accountability 40 Years After Darling, Nathan Hershey, Christine M. Jarzab
Looking At Accountability 40 Years After Darling, Nathan Hershey, Christine M. Jarzab
Annals of Health Law and Life Sciences
An examination of the ramifications of the Darling decision.
A Primer On The Law And Ethics Of Treatment, Research, And Public Policy In The Context Of Severe Traumatic Brain Injury, Stacey A. Tovino, William J. Winslade
A Primer On The Law And Ethics Of Treatment, Research, And Public Policy In The Context Of Severe Traumatic Brain Injury, Stacey A. Tovino, William J. Winslade
Annals of Health Law and Life Sciences
This article addresses the legal and ethical implications of treatment, research, and public policy decisions in the context of severe traumatic brain injury. Examining the tragic circumstances of a fifteen year-old boy from Connecticut who remained in a near vegetative state for almost three years, the authors provide a thorough discussion of the diverse legal and ethical issues encountered by those close to traumatic brain injury victims as they consider treatment options, research activities, and public policy decisions.