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Articles 181 - 210 of 785
Full-Text Articles in Law
Law & Health Care Newsletter, V. 21, No. 1, Fall 2013
Law & Health Care Newsletter, V. 21, No. 1, Fall 2013
Law & Health Care Newsletter
No abstract provided.
Health Law Outlook - Volume 7, Issue 1 (Fall 2013)
Health Law Outlook - Volume 7, Issue 1 (Fall 2013)
Health Law Outlook (archive)
Inside this Issue:
- Changing the Landscape of New York Hospitals, Nina Schuman
- The Internet, Privacy, and Public Health: How Social Media and "Big Data" are Changing the Landscape of Public Health Surveillance and Research, Donna Hanrahan
- Ending Philosophical Exemptions for Mandatory Vaccinations, Adino Barbarito
- The Affordable Care Act's Impact on Individuals with Disabilities, Brandon Lee Wolff
Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jim Hawkins
Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jim Hawkins
Indiana Law Journal
Scholarship on assisted reproductive technologies (ART) has emphasized the commercial nature of the interaction between fertility patients and their physicians, but little attention has been paid to precisely how clinics persuade patients to choose their clinics over their competitors’. This Article offers evidence about how clinics sell ART based on clinics’ advertising on their websites. To assess clinics’ marketing efforts, I coded advertising information on 372 fertility clinics’ websites. The results from the study confirm some suspicions of prior ART scholarship while contradicting others. For instance, in line with scholars who are concerned that racial minorities face barriers to accessing …
The Federal Medical Loss Ratio: A Permissible Federal Regulation Or An Encroachment On State Power?, Meghan S. Stubblebine
The Federal Medical Loss Ratio: A Permissible Federal Regulation Or An Encroachment On State Power?, Meghan S. Stubblebine
William & Mary Law Review
No abstract provided.
Selling Art Or Selling Out?: A Response To Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jody L. Madeira
Selling Art Or Selling Out?: A Response To Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jody L. Madeira
Indiana Law Journal
Roundtable on Regulating Assisted Reproductive Technology 2012
Reverse Payments, Perverse Incentives, Murat C. Mungan
Reverse Payments, Perverse Incentives, Murat C. Mungan
Faculty Scholarship
Issuing and enforcing prescription drug patents requires courts and legislatures to strike a delicate balance. A patent gives drug manufacturers a legal, if temporary, monopoly on sales of a drug; this encourages manufacturers to engage in costly research and development of new medicines. But not all patents issued by the Patent Office are ultimately deemed valid – generic drug manufacturers can infringe the patent, and, when sued, attack its validity in court on a variety of grounds, including obviousness. In recent years, patent holders have begun to settle these suits (which they initiated) by paying the alleged infringer. Not surprisingly, …
The Dangers Of Psychotropic Medication For Mentally Ill Children: Where Is The Child’S Voice In Consenting To Medication? An Empirical Study, Donald H. Stone
The Dangers Of Psychotropic Medication For Mentally Ill Children: Where Is The Child’S Voice In Consenting To Medication? An Empirical Study, Donald H. Stone
All Faculty Scholarship
When a child with a mental illness is being prescribed psychotropic medication. who decides whether the child should take the medication — the parent or the child? What if the child is sixteen years of age? What if the child is in foster care: Should the parent or social service agency decide? Prior to administering psychotropic medication, what specific information should be provided to the person authorized to consent on behalf of the child? Should children be permitted to refuse psychotropic medications? If so, at what age should a child he able to refuse such medication What procedures should be …
Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Andrea B. Carroll
Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Andrea B. Carroll
Indiana Law Journal
Roundtable on Regulating Assisted Reproductive Technology 2012
Let Ivf Take Its Course: Reconceiving Procreative Liberty For The Twenty-First Century, Christine E. White
Let Ivf Take Its Course: Reconceiving Procreative Liberty For The Twenty-First Century, Christine E. White
Student Articles and Papers
No abstract provided.
Towards A Framework Convention On Global Health, Lawrence O. Gostin, Eric A. Friedman, Kent Buse, Attiya Waris, Moses Mulumba, Mayowa Joel, Lola Dare, Ames Dhai, Devi Sridhar
Towards A Framework Convention On Global Health, Lawrence O. Gostin, Eric A. Friedman, Kent Buse, Attiya Waris, Moses Mulumba, Mayowa Joel, Lola Dare, Ames Dhai, Devi Sridhar
Georgetown Law Faculty Publications and Other Works
A global health treaty, a Framework Convention on Global Health (FCGH)–grounded in the right to health, with the central goal of reducing immense domestic and global health inequities–could serve as a robust global governance instrument to underpin the United Nations post-2015 Millennium Development Goals (MDGs). It would ensure for all people the three essential conditions for a healthy life–public health, health care, and the positive social determinants of health–while advancing good governance, responding to drivers of health disadvantages for marginalized populations, elevating health in other legal regimes, and enhancing people's ability to claim their rights.
The legally binding nature of …
How Parents Are Made: A Response To Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Kimberly M. Mutcherson
How Parents Are Made: A Response To Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Kimberly M. Mutcherson
Indiana Law Journal
Roundtable on Regulating Assisted Reproductive Technology 2012
Approval And Withdrawal Of New Antibiotics And Other Antiinfectives In The U.S., 1980-2009, Kevin Outterson, John H. Powers, Enrique Seoane, Rosa Rodriguez-Monguio, Aaron S. Kesselheim
Approval And Withdrawal Of New Antibiotics And Other Antiinfectives In The U.S., 1980-2009, Kevin Outterson, John H. Powers, Enrique Seoane, Rosa Rodriguez-Monguio, Aaron S. Kesselheim
Faculty Scholarship
Concerns about a dearth of antibiotic innovation have spurred calls for incentives to speed the development of new antibiotics. Our data demonstrates that many of the new molecular entity (NME) antibioticsintroduced in the last 3 decades were withdrawn from the market, at more than triple the rate of other drug classes. Adjusted for these withdrawals, the net introduction of NME antibiotics is not as troubling of a trend. The reduction in NME antibiotics was partially offset by a surge in the introduction of NME antiretrovirals for HIV/AIDS and other drug classes (such as cardiovascular drugs) posted similar declines.
These data …
Outsourcing Our Children: The Failure To Treat Mental Illness-In-State, Matthew Herr
Outsourcing Our Children: The Failure To Treat Mental Illness-In-State, Matthew Herr
North Carolina Central Law Review
No abstract provided.
Corporations, Taxes, And Religion: The Hobby Lobby And Conestoga Contraceptive Cases, Steven J. Willis
Corporations, Taxes, And Religion: The Hobby Lobby And Conestoga Contraceptive Cases, Steven J. Willis
UF Law Faculty Publications
Beginning in 2013, the federal government mandated that general business corporations include contraceptive and early abortion coverage in large employee health plans. Internal Revenue Code Section 4980D imposes a substantial excise tax on health plans violating the mandate. Indeed, for one company – Hobby Lobby – the expected annual tax is nearly one-half billion dollars. Dozens of “for profit” businesses have challenged the mandate on free exercise grounds, asserting claims under the First Amendment as well as under the Religious Freedom Restoration Act.
So far, courts have been reluctant to hold corporations have religious rights of their own; as a …
Hierarchies Of Discrimination In Baby Making: A Response To Professor Carroll, Radhika Rao
Hierarchies Of Discrimination In Baby Making: A Response To Professor Carroll, Radhika Rao
Indiana Law Journal
Roundtable on Regulating Assisted Reproductive Technology 2012
Reproducing Hierarchy In Commercial Intimacy, Michele Goodwin
Reproducing Hierarchy In Commercial Intimacy, Michele Goodwin
Indiana Law Journal
Roundtable on Regulating Assisted Reproductive Technology 2012
Legally Blind: The Therapeutic Illusion In The Support Study Of Extremely Premature Infants, George J. Annas, Catherine L. Annas
Legally Blind: The Therapeutic Illusion In The Support Study Of Extremely Premature Infants, George J. Annas, Catherine L. Annas
Faculty Scholarship
Physician-researchers follow a protocol to generate generalizable knowledge; physicians have a duty to treat patients in ways they and their patients think best. In both activities, research and treatment, physicians often see themselves simply as physicians, practicing medicine. Sick people have similar perception difficulties, and prefer to think of their physician-researcher simply as their physician, even when their treatment is 2 determined by a protocol or the flip of a coin. Almost 20 years ago, in this Journal, one of us suggested that at least some researchers use language "to obscure; to blur or eliminate the distinctions between research …
The Potential Impact Of The Affordable Care Act On Workers' Compensation, Dean Hashimoto
The Potential Impact Of The Affordable Care Act On Workers' Compensation, Dean Hashimoto
Dean M. Hashimoto
No abstract provided.
An Introduction To The Affordable Care Act, Dean Hashimoto
An Introduction To The Affordable Care Act, Dean Hashimoto
Dean M. Hashimoto
No abstract provided.
Section 2: Affordable Care Act, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: Affordable Care Act, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Providing Outreach And Enrollment Assistance: Lessons Learned From Community Health Centers In Massachusetts, Julia Paradise, Sara J. Rosenbaum, Peter Shin, Jessica Sharac, Carmen Alvarez, Julia Zur, Leighton C. Ku
Providing Outreach And Enrollment Assistance: Lessons Learned From Community Health Centers In Massachusetts, Julia Paradise, Sara J. Rosenbaum, Peter Shin, Jessica Sharac, Carmen Alvarez, Julia Zur, Leighton C. Ku
Health Policy and Management Faculty Publications
Six years ago, Massachusetts implemented a broad expansion of health coverage to the uninsured population in the state. Understanding that outreach and enrollment assistance would be essential to the success of the expansion, state policymakers provided for public education campaigns, but also for person-to-person, hands-on assistance, especially in communities with large numbers of uninsured people. Community health centers play a central role in this effort. As states and communities gear up to provide outreach and enrollment assistance under the ACA, the experience of the Massachusetts health centers offers lessons that can help inform current efforts to reach and enroll millions …
"Rfra Exemptions From The Contraception Mandate: An Unconstitutional Accommodation Of Religion", Frederick Mark Gedicks, Rebecca G. Van Tassell
"Rfra Exemptions From The Contraception Mandate: An Unconstitutional Accommodation Of Religion", Frederick Mark Gedicks, Rebecca G. Van Tassell
Frederick Mark Gedicks
Litigation surrounding use of the Religious Freedom Restoration Act to exempt employers from the Affordable Care Act’s “contraception mandate” is moving steadily towards eventual resolution in the U.S. Supreme Court. Both opponents and supporters of the mandate, however, have overlooked Establishment Clause limits on such exemptions. The fiery religious-liberty rhetoric surrounding the mandate has obscured that RFRA is a “permissive” rather than “mandatory” accommodation of religion—that is, a voluntary government concession to religious belief and practice that is not required by the Free Exercise Clause. Permissive accommodations must satisfy Establishment Clause constraints, notably the requirement that the accommodation not impose …
Virtural Mentor, Nadia N. Sawicki
Informed Consent Beyond The Physician-Patient Encounter: Tort Law Implications Of Extra-Clinical Decision Support Tools, Nadia N. Sawicki
Informed Consent Beyond The Physician-Patient Encounter: Tort Law Implications Of Extra-Clinical Decision Support Tools, Nadia N. Sawicki
Nadia N. Sawicki
No abstract provided.
Where Babies And Death-Row Inmates Intersect: Is Arbitrary Agency Decision-Making Supported Under Existing Law?, Lisa C. Blanton Bs., Mj.
Where Babies And Death-Row Inmates Intersect: Is Arbitrary Agency Decision-Making Supported Under Existing Law?, Lisa C. Blanton Bs., Mj.
Lisa C. Blanton BS., MJ.
The Food and Drug Administration (FDA) is the executive branch regulatory agency primarily responsible for protecting the nation’s drug products.[1] The FDA recently made highly inconsistent decisions surrounding a new drug for the prevention of pre-term birth, Makena™ (hydroxyprogesterone caproate). During a lengthy approval process, FDA made laudatory public announcements and demonstrated high programmatic preference to expedite approval of Makena by assigning orphan status[2] and granting accelerated “fast-track” approval time-frames.[3] Despite these actions, within weeks of the approval, the FDA issued aggressive public statements against the product’s efficacy and safety and made supportive comments about a non-FDA …
Rural Roads To Acos: Inter-Community Collaboration Is Key To Rural Accountable Care Organizations' Success Under Medicare's Shared Savings Program, Justin Kearns
West Virginia Law Review
No abstract provided.
Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky
Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky
West Virginia Law Review
The legal status of medical marijuana in the United States is something of a paradox. On one hand, the federal government has placed a ban on the drug with no exceptions. On the other hand, forty percent of states have legal- ized its cultivation, distribution, and consumption for medical purposes. As such, medical marijuana activity is at the same time proscribed (by the federal government) and encouraged (by state governments through their systems of regulation and taxation). This Article seeks to shed light on this unprecedented, nebulous zone of legality in which an activity is both legal and illegal, what …
Public Assistance, Drug Testing And The Law: The Limits Of Population-Based Legal Analysis, Candice Player
Public Assistance, Drug Testing And The Law: The Limits Of Population-Based Legal Analysis, Candice Player
Candice T Player
In Populations, Public Health and the Law, legal scholar Wendy Parmet urges courts to embrace population-based legal analysis, a public health inspired approach to legal reasoning. Parmet contends that population-based legal analysis offers a way to analyze legal issues—not unlike law and economics—as well as a set of values from which to critique contemporary legal discourse. Population-based analysis has been warmly embraced by the health law community as a bold new way of analyzing legal issues. Still population-based analysis is not without its problems. At times Parmet claims too much territory for the population-perspective. Moreover Parmet urges courts to recognize …
The Obamacare Opportunity: Implementing The Affordable Care Act To Improve Health, Reduce Hardship, And Grow The Economy For All Californians, Jeffrey Selbin, Ann O'Leary, Theresa Cheng, Stephanie Campos, Katherine Adamides, Rey Fuentes
The Obamacare Opportunity: Implementing The Affordable Care Act To Improve Health, Reduce Hardship, And Grow The Economy For All Californians, Jeffrey Selbin, Ann O'Leary, Theresa Cheng, Stephanie Campos, Katherine Adamides, Rey Fuentes
Jeffrey Selbin
Accountable Care Organizations In The Affordable Care Act, Frank Pasquale
Accountable Care Organizations In The Affordable Care Act, Frank Pasquale
Frank A. Pasquale
No abstract provided.