Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

The Regulatory Production Of Vaccine Hesitancy, Eugene Mccarthy Dec 2020

The Regulatory Production Of Vaccine Hesitancy, Eugene Mccarthy

Brooklyn Law Review

This article argues that U.S. vaccine law produces the “anti-vax” movement. The anti-vax movement is a growing problem, as more than half of American parents have concerns about vaccinating their children. Remarkably, these “vaccine-hesitant” individuals tend to be highly educated, wealthy, and experienced parents. Three legal structures cause vaccine hesitancy: strict immunization mandates, lax regulatory oversight, and blanket limited liability for vaccine manufacturers. The United States stands alone with regard to its vaccine mandates—no other developed democracy requires its citizens to receive such a large number of childhood vaccines. Meanwhile, the law permits financial conflicts of interest in vaccine approval …


“To Infinity And Beyond”: A Limitless Approach To Telemedicine Beyond State Borders, Kate Nelson Jun 2020

“To Infinity And Beyond”: A Limitless Approach To Telemedicine Beyond State Borders, Kate Nelson

Brooklyn Law Review

Although the growth and acceptance of technological advances in the medical field have been rapid, the legal system has neglected to adjust its laws accordingly. Perhaps the most significant innovation is telemedicine, which allows a patient and a doctor, miles away from each other, to form a medical relationship across state lines. Yet, the traditional state-by-state physician licensing scheme, which promotes a medical relationship within just one state, remains the governing law. Consequently, many citizens––especially those residing in rural areas––continue to suffer from lack of health care access due to physician shortages within their state borders. Accordingly, this note critically …


Pharmaceutical Philanthropy Or Resisting Regulations?: Why Pharmaceutical Donations Do Not Violate The Anti-Kickback Statute, Tino Illiparambil Apr 2020

Pharmaceutical Philanthropy Or Resisting Regulations?: Why Pharmaceutical Donations Do Not Violate The Anti-Kickback Statute, Tino Illiparambil

Brooklyn Law Review

With health care costs spiraling out of control in recent decades, Americans have been forgoing necessary medical attention. The many federal health care programs instituted to assist patients do not guarantee affordable costs. In an effort to combat this crisis, pharmaceutical companies have taken the initiative to absorb some of these costs through patient assistance programs (PAPs). Pharmaceutical companies attract low-income patients to drug-specific PAPs by offering a deep discount on their medications. This leads to an increase in demand, which ultimately can be used to increase price and thus profits. Consequently, the government has begun to scrutinize PAPs for …