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American Diagnostic Radiology Moves Offshore: Is This Field Riding The "Internet Wave" Into A Regulatory Abyss?, Archie A. Alexander Iii Jan 2007

American Diagnostic Radiology Moves Offshore: Is This Field Riding The "Internet Wave" Into A Regulatory Abyss?, Archie A. Alexander Iii

Journal of Law and Health

Recent trends in the American workplace are suggesting that outsourcing is becoming more commonplace, and currently no job or its work product may be safe from outsourcing. American blue-collar workers are certainly not surprised by these trends because they have experienced outsourcing related job losses since the early 1970s. Even those white-collar jobs traditionally considered immune to outsourcing pressures, such as those held by medical specialists, are now threatened. Most workers know outsourcing as a process whereby a domestic firm transfers some portion of their work product or a job to a different firm that resides either onshore in America …


The First Amendment And Diet Industry Advertising: How Puffery In Weight-Loss Advertisements Has Gone Too Far, Jennifer E. Gross Jan 2007

The First Amendment And Diet Industry Advertising: How Puffery In Weight-Loss Advertisements Has Gone Too Far, Jennifer E. Gross

Journal of Law and Health

Stricter government regulations regarding commercial speech that promotes weight-loss or diet products should be considered for three reasons. First, studies have shown that diet industry advertising often makes weight loss claims that are scientifically impossible. Second, consumers have suffered adverse health effects as a result of trying weight-loss programs or diet products. Third, current FTC regulations are not curbing the problem. Part II of this note outlines the history of commercial speech and its protections under the First Amendment, along with the history of the rapidly expanding diet industry and its regulatory framework. Part II examines the three arguments in …


American Diagnostic Radiology Moves Offshore: Surfing The Internet Wave To Worldwide Access And Quality Perspectives: American Diagnostic Radiology Moves Offshore: Where Is The Internet Wave Taking This Field, Eric M. Nyberg, Charles F. Lanzieri Jan 2007

American Diagnostic Radiology Moves Offshore: Surfing The Internet Wave To Worldwide Access And Quality Perspectives: American Diagnostic Radiology Moves Offshore: Where Is The Internet Wave Taking This Field, Eric M. Nyberg, Charles F. Lanzieri

Journal of Law and Health

International reading of medical imaging studies, or offshore teleradiology, has been a successful, though limited, practice benefiting patients and physicians for over a decade. Domestic and international market forces will continue to expand the demand for teleradiology as an important complement to United States based diagnostic radiology, though a full exodus of diagnostic reading to offshore sites is unlikely and inappropriate. Considerable obstacles remain to taking the teleradiology market to scale; however, barriers related to licensure, liability, quality assurance, and reimbursement will likely yield to market forces to be resolved in recognition of the significant benefits teleradiology offers to consumers …


The Role Of The Federal Government In Overseeing Medical Research, Gil Van Bokkelen Jan 2007

The Role Of The Federal Government In Overseeing Medical Research, Gil Van Bokkelen

Journal of Law and Health

The United States enjoys a unique position among the world community in a number of respects. Although it is not the largest or most populated country in the world, the United States is considered one of the wealthiest. Our significant national wealth affords us with some interesting opportunities. In particular, it allows us to devote a portion of those resources towards causes that we as a nation feel are worthy and significant. For example, such causes include charitable aid programs, in the name of promoting global economic development and world peace. The United States leads in this category as well, …


Restricting Access To Unapproved Drugs: A Compelling Government Interest , Peter M. Currie Jan 2007

Restricting Access To Unapproved Drugs: A Compelling Government Interest , Peter M. Currie

Journal of Law and Health

The prospective review and approval of drugs is central to the public health mission of the United States Food and Drug Administration (FDA). Requiring pharmaceutical manufacturers to generate information about their products' safety and efficacy enables the agency to evaluate the risks and benefits associated with their use, thereby preventing overly harmful products from reaching the market. The majority of consumers benefit from this intervention by gaining access to an array of drugs that are proven to be safe and effective. Thus, governmental regulation in this area is arguably justified because the aggregate social welfare is substantially improved. However, this …