Law Commons^™

Traditional Surrogacy Contracts, Partial Enforcement, And The Challenge For Family Law, Mark Strasser

Journal of Health Care Law and Policy

Surrogacy remains controversial. Several states ban commercial surrogacy while several other states permit it, subject to certain conditions. In addition, many state legislatures simply have not spoken to the legality of surrogacy agreements. Courts have addressed whether such contracts are enforceable in individual instances, either as a matter of public policy or, perhaps, because of a claimed breach of contract.

Part II of this Article traces the development of the jurisprudence regarding the enforcement of surrogacy agreements, noting how there seemed to be a consensus within the parameters set by state law. Part III addresses a few recent decisions in …

Association For Molecular Pathology V. Myriad Genetics, Inc.: Progress By Principles, Emily J. Bolyard

Journal of Health Care Law and Policy

In Association for Molecular Pathology v. Myriad Genetics, Inc., the Supreme Court considered whether human genes are patentable under the Patent Act of 1952. Originally enacted in 1790, the Act allows patents to be granted on any new and useful process, machine, manufacture, or composition of matter, barring a judicially created exception for laws of nature, natural phenomena, and abstract ideas. These three naturally occurring things are nonpatentable because they create the foundation of scientific and technological work. In Myriad, the Court unanimously held that isolated DNA is nonpatentable, since such DNA is naturally occurring phenomena under the …

Panel 1: Legal And Neuroscientific Perspectives On Chronic Pain, David Seminowicz, Amanda Pustilnik, Stephen Rigg, Andre Davis, Karen D. Davis, Hank Greely

Journal of Health Care Law and Policy

No abstract provided.

Medical Repatriation: The Dangerous Intersection Of Health Care Law And Immigration, Katelynn Donelson

Journal of Health Care Law and Policy

No abstract provided.

Fda Approval Of Drugs And Devices: Preemption Of State Laws For “Parallel” Tort Claims, Marcia Boumil

Journal of Health Care Law and Policy

The U.S. Supreme Court’s important ruling in Mutual Pharmaceutical Co., Inc. v. Bartlett concerns whether the Food and Drug Administration’s (“FDA”) approval of a generic drug insulates the drug manufacturer from liability under state tort laws from claims of injury due to an alleged “design defect.” The Court previously ruled that FDA approval does not preempt state law claims based upon failure-to-warn, at least with respect to brand name products. In contrast, the Court previously ruled that the federal regulatory process leading to FDA approval of generic equivalents of brand drugs—and designation of the drug label—does preempt state law as …

Independent Drug Testing To Ensure Drug Safety And Efficacy, Marc A. Rodwin

Journal of Health Care Law and Policy

This Article explores a proposal that would preclude biased drug testing by removing all drug sponsor influence on the design and conduct of clinical trials for new drug applications (“NDAs”), a reform that would address the root of institutional corruption. Recently advocated by leading scholars, the idea has a long history, yet was neglected for over half a century due to pharmaceutical industry opposition.

Neuroscience, Mindreading, And The Courts: The Example Of Pain, Henry T. Greely

Journal of Health Care Law and Policy

No abstract provided.

Panel 2: “Excess” Pain, Hyperalgesia, And The Variability Of Subjective Experience, Amanda Pustilnik, David Seminowicz, Stephen Rigg, Joel Greenspan, Morris Hoffman, Adam Kolber, Michael Pardo

Journal of Health Care Law and Policy

No abstract provided.

Panel 3: Chronic Pain, “Psychogenic” Pain, And Emotion, David Seminowicz, Amanda Pustilnik, M. Kaylie Gioioso, Jennifer Chandler, Robert Dinerstein, Jennifer A. Haythornthwaite, Tor D. Wager

Journal of Health Care Law and Policy

No abstract provided.

Why Health Lawyers Must Be Public-Law Lawyers: Health Law In The Age Of The Modern Regulatory State, Abbe R. Gluck

Journal of Health Care Law and Policy

No abstract provided.

Panel 4: Translational Expectations And Issues: Making It Work In Practice, Amanda Pustilnik, David Seminowicz, M. Kaylie Gioioso, Martha Farah, Nancy Gertner, Stacey Tovino

Journal of Health Care Law and Policy

No abstract provided.

Defusing The Bug Bomb: Legal Strategies To Combat Antibiotic Resistant Infections, Andrew Geltman

Journal of Health Care Law and Policy

The overuse of antibiotics has created a potential public health menace—the growth of microbial infections resistant to them. Antibiotic resistance stems from many causes that include the use of antibiotics in animal feed, medical practitioners’ over-prescription, the general public’s misuse of the drugs, and the failure to develop new antibiotics. This has led to the development of so called “super bugs” that are often immune to first line antibiotic therapies, such as penicillin, and to more powerful, broad-spectrum treatments.

The CDC considers the primary source of antibiotic resistant infections in humans to come from our overuse of antibiotics and the …