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Articles 1 - 10 of 10
Full-Text Articles in Law
Genetic Duties, Jessica L. Roberts, Alexandra L. Foulkes
Genetic Duties, Jessica L. Roberts, Alexandra L. Foulkes
William & Mary Law Review
Most of our genetic information does not change, yet the results of our genetic tests might. Labs reclassify genetic variants in response to advances in genetic science. As a result, a person who took a test in 2010 could take the same test with the same lab in 2020 and get a different result. However, no legal duty requires labs or physicians to inform patients when a lab reclassifies a variant, even if the reclassification communicates clinically actionable information. This Article considers the need for such duties and their potential challenges. In so doing, it offers much-needed guidance to physicians …
Telemedicine And Malpractice: Creating Uniformity At The National Level, Tyler D. Wolf
Telemedicine And Malpractice: Creating Uniformity At The National Level, Tyler D. Wolf
William & Mary Law Review
Picture this: an elderly gentleman living alone, isolated in a rural, midwestern locale. One day, this elderly gentleman awakes to find a distinct rash forming on his chest. The nearest doctor capable of performing an examination is located over a hundred miles away, and this man has not driven more than ten miles in twenty years. Shambling into his living room, the elderly man logs onto his computer and begins typing. Within twenty minutes he is videoconferencing with a doctor who examines the rash remotely and makes a diagnosis.
Through advances in telemedicine, the scenario described above is becoming an …
Nonexcludable Surgical Method Patents, Jonas Anderson
Nonexcludable Surgical Method Patents, Jonas Anderson
William & Mary Law Review
A patent consists of only one right: the right to exclude others from practicing the patented invention. However, one class of patents statutorily lacks the right to exclude direct infringers: surgical method patents are not enforceable against medical practitioners or health care facilities, which are the only realistic potential direct infringers of such patents. Despite this, inventors regularly file for (and receive) surgical method patents. Why would anyone incur the expense (more than $20,000 on average) of acquiring a patent on a surgical method if that patent cannot be used to keep people from using the patent?
The traditional answer …
Prosecuting Poverty, Criminalizing Care, Wendy A. Bach
Prosecuting Poverty, Criminalizing Care, Wendy A. Bach
William & Mary Law Review
In 2013, state legislators sitting at the heart of America’s opiate epidemic created the crime of fetal assault. Although they offered a fairly standard series of criminologic rationales to justify the legislation, they also posited that the creation of this crime was a precondition to secure treatment (or care) resources for women addicted to opiates. This extraordinary supposition—that criminalizing conduct creates a road to care—is an outgrowth of three interlinked socio-legal trends: the building of the carceral state, the criminalization of poverty, and the rapid growth, since the late 1980s, of a new generation of problem-solving courts. Framed in this …
A Claim For Third Party Standing In Malpractice Cases Involving Repressed Memory Syndrome, Sheila F. Rock
A Claim For Third Party Standing In Malpractice Cases Involving Repressed Memory Syndrome, Sheila F. Rock
William & Mary Law Review
No abstract provided.
The Fair Housing Act, Oxford House, And The Limits Of Local Control Over The Regulation Of Group Homes For Recovering Addicts, Douglas E. Miller
The Fair Housing Act, Oxford House, And The Limits Of Local Control Over The Regulation Of Group Homes For Recovering Addicts, Douglas E. Miller
William & Mary Law Review
No abstract provided.
The Biological Alteration Cases, Sheldon Gelman
The Biological Alteration Cases, Sheldon Gelman
William & Mary Law Review
No abstract provided.
Anencephalic Newborns As Organ Donors: An Assessment Of "Death" And Legislative Policy, Kathleen L. Paliokas
Anencephalic Newborns As Organ Donors: An Assessment Of "Death" And Legislative Policy, Kathleen L. Paliokas
William & Mary Law Review
No abstract provided.
Organ Transplantation And The Donation: A Proposal For Legislation, Michael Mch. Collins
Organ Transplantation And The Donation: A Proposal For Legislation, Michael Mch. Collins
William & Mary Law Review
No abstract provided.
Emergency Medical Treatment, Earle T. Hale
Emergency Medical Treatment, Earle T. Hale
William & Mary Law Review
No abstract provided.