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Full-Text Articles in Law
Internet Pharmacies: Why State Regulatory Solutions Are Not Enough, Linda C. Fentiman
Internet Pharmacies: Why State Regulatory Solutions Are Not Enough, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
Internet pharmacies are an economic and communications miracle--and a regulatory nightmare. It is estimated that Americans spent some $3.2 billion in 2003 on medications from the Internet, but Internet pharmacies permit consumers to evade long-standing regulatory protections, particularly those that rely on the oversight of drug prescribing and dispensing by licensed physicians and pharmacists.
Legal Frameworks For Chronic Disease Prevention, Wendy Collins Perdue
Legal Frameworks For Chronic Disease Prevention, Wendy Collins Perdue
Law Faculty Publications
Law is a tool that can be used to shape both private and government conduct so as to impact public health. There are at least seven different techniques of legal intervention, each of which has advantages and disadvantages. These techniques are: direct regulation through command and coercion; economic incentives to encourage private parties to behave in a particular way; indirect regulation through private enforcement such as tort law; altering the informational environment; directly providing services or infrastructure to the public; government acting as a "model citizen" with respect to its employees and facilities; and, inducing other levels of government to …
Licensing Health Care Professionals: Has The United States Outlived The Need For Medical Licensure?, Gregory Dolin
Licensing Health Care Professionals: Has The United States Outlived The Need For Medical Licensure?, Gregory Dolin
All Faculty Scholarship
With an expanding market for what is now known as "complimentary and alternative" medicine (CAM), states are increasingly facing the issue of who can and who should be allowed to practice medicine. Of necessity, this question also concerns whom patients may see to treat their ailments.
This paper will argue that the struggle to define who is and who is not licensed to practice medicine is rather fruitless and will always leave patients with less choice than they desire. Part II will review the history of licensure in the United States. Parts III and IV will focus on benefits and …