Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
Special Topic Introduction: Minerva At The Departure Gate, Robert N. Strassfeld
Special Topic Introduction: Minerva At The Departure Gate, Robert N. Strassfeld
Faculty Publications
No abstract provided.
Professional Power And The Standard Of Care In Medicine, Maxwell J. Mehlman
Professional Power And The Standard Of Care In Medicine, Maxwell J. Mehlman
Faculty Publications
Since before the founding of the Republic, American medicine has been fighting a war to control the standard of care that physicians are expected to provide to their patients. It has waged battles on two fronts: against internal disagreements within the profession over what constitutes proper care, and against attempts to delineate the standard of care by forces outside the profession, such as private health insurers, the government, and the judicial system.
Introduction - Symposium Issue On Health Data Security Systems, Sharona Hoffman
Introduction - Symposium Issue On Health Data Security Systems, Sharona Hoffman
Faculty Publications
Introduction to the Health Data Security System symposium 2012 Huston, TX.
The Individual Mandate And The Taxing Power, Erik M. Jensen
The Individual Mandate And The Taxing Power, Erik M. Jensen
Faculty Publications
This article, prepared for a symposium at the Salmon P. Chase College of Law, Northern Kentucky University, considers whether the Taxing Clause provides an alternative constitutional basis, as some have recently argued, for the individual mandate in the Patient Protection and Affordable Care Act of 21 - the requirement, going into effect in 214, that most individuals acquire satisfactory health insurance or pay a penalty. The article concludes that the Taxing Clause arguments are misguided. At best, the Clause can provide authority for the penalty, not for the mandate as a whole. Furthermore, the article questions whether the penalty will …
All For One And One For All: Informed Consent And Public Health, Jessica Wilen Berg
All For One And One For All: Informed Consent And Public Health, Jessica Wilen Berg
Faculty Publications
The concept of informed consent is well established in the field of bioethics, but its application is unclear in the area of public health. The increasing prevalence of public health interventions creates a need to analyze the scope of government power as it relates to individual choice. This Article explores three different types of public health measures in which individual choice has been limited: (1) environmental interventions; (2) classic public health interventions to prevent contagious disease; and (3) public health information reporting or use. The reasons for limiting informed consent vary depending on the context, and the implications for the …
Making All The Children Above Average: Ethical And Regulatory Concerns For Pediatricians In Pediatric Enhancement Research, Jessica W. Berg, Maxwell J. Mehlman, Daniel B. Rubin, Eric Kodish
Making All The Children Above Average: Ethical And Regulatory Concerns For Pediatricians In Pediatric Enhancement Research, Jessica W. Berg, Maxwell J. Mehlman, Daniel B. Rubin, Eric Kodish
Faculty Publications
Building on the knowledge generated by the long history of disease-oriented research, the next few decades will witness an explosion of biomedical enhancements to make people faster, stronger, smarter, less forgetful, happier, prettier, and live longer. Growing interest in pediatric enhancements is likely to stimulate the conduct of enhancement research involving children. However, guidelines for the protection of human subjects were developed for investigations of therapeutic modalities. To date, virtually no attention has been paid to whether these rules would be appropriate for investigations to establish the safety and efficacy of technologies intended for enhancement rather than therapeutic uses and, …
Symposium: Issues In Bioterrorism -Introduction, Jessica Wilen Berg
Symposium: Issues In Bioterrorism -Introduction, Jessica Wilen Berg
Faculty Publications
This issue of Health Matrix focuses on the legal issues involving bioterrorism.
Regulating Clinical Research: Informed Consent, Privacy, And Irbs, Sharona Hoffman
Regulating Clinical Research: Informed Consent, Privacy, And Irbs, Sharona Hoffman
Faculty Publications
During the past two decades, the United States has experienced dramatic developments in the area of biomedical research. Expanding budgets, augmented computer capabilities, and the Human Genome Project have all significantly enhanced research capabilities. Consequently, the number of research projects conducted in this country is ever growing, and the enrollment of an adequate number of human subjects is becoming an increasingly challenging task.
Clinical research involving human participants is governed by federal regulations that have been promulgated by the Department of Health and Human Services (DHHS) and the Food and Drug Administration (FDA). In light of the proliferation of medical …
Introduction: The Law-Medicine Center 50th Anniversary Symposium: The Field Of Health Law: It’S Past And Future, Maxwell J. Mehlman
Introduction: The Law-Medicine Center 50th Anniversary Symposium: The Field Of Health Law: It’S Past And Future, Maxwell J. Mehlman
Faculty Publications
Introduction to The Law-Medicine Center 50th Anniversary Symposium: The Field of Health Law: Its Past and Future, Cleveland, Ohio 2004.