Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Food and Drug Law (34)
- Law and Society (34)
- Constitutional Law (22)
- Human Rights Law (22)
- Intellectual Property Law (18)
-
- International Law (18)
- Public Law and Legal Theory (18)
- Legislation (17)
- State and Local Government Law (17)
- Administrative Law (16)
- Environmental Law (15)
- Litigation (15)
- Science and Technology Law (15)
- Natural Resources Law (14)
- Oil, Gas, and Mineral Law (13)
- Civil Rights and Discrimination (12)
- Land Use Law (12)
- Law and Gender (12)
- Law of the Sea (12)
- Medicine and Health Sciences (12)
- Water Law (12)
- Agriculture Law (11)
- Civil Law (11)
- Energy and Utilities Law (11)
- International Trade Law (11)
- Labor and Employment Law (10)
- Criminal Law (9)
- Family Law (9)
- Institution
-
- Saint Louis University School of Law (20)
- DePaul University (15)
- American University Washington College of Law (14)
- Case Western Reserve University School of Law (14)
- Loyola University Chicago, School of Law (14)
-
- Georgia State University College of Law (9)
- Marquette University Law School (9)
- West Virginia University (8)
- Schulich School of Law, Dalhousie University (7)
- University of San Diego (7)
- Vanderbilt University Law School (7)
- Mitchell Hamline School of Law (6)
- University of Michigan Law School (6)
- Cleveland State University (5)
- Southern Methodist University (5)
- St. Mary's University (5)
- University of Washington School of Law (4)
- Brooklyn Law School (3)
- Notre Dame Law School (3)
- Seattle University School of Law (3)
- University of Miami Law School (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- University of Rhode Island (3)
- Brigham Young University Law School (2)
- Maurer School of Law: Indiana University (2)
- Mercer University School of Law (2)
- Pepperdine University (2)
- The Catholic University of America, Columbus School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Georgia School of Law (2)
- Keyword
-
- Health (10)
- Health care (10)
- Affordable Care Act (9)
- Appalachia (9)
- Healthcare (8)
-
- Public health (8)
- Regulation (7)
- Medicine (6)
- Drugs (5)
- Legislation (5)
- ACA (4)
- Congress (4)
- Ethics (4)
- FDA (4)
- Law Review (4)
- Medical care (4)
- Peach Sheets (4)
- Policy (4)
- Poverty (4)
- AB2138 (3)
- Abortion (3)
- Decriminalization (3)
- Ebola (3)
- Employment (3)
- Euthanasia (3)
- Food and Drug Administration (3)
- Health insurance (3)
- Health law (3)
- Law reform (3)
- Medicaid (3)
- Publication
-
- Saint Louis University Journal of Health Law & Policy (20)
- Annals of Health Law and Life Sciences (14)
- DePaul Journal of Health Care Law (14)
- Health Matrix: The Journal of Law-Medicine (14)
- Sustainable Development Law & Policy (11)
-
- Georgia State University Law Review (9)
- West Virginia Law Review (8)
- Dalhousie Law Journal (7)
- Mitchell Hamline Law Review (6)
- California Regulatory Law Reporter (5)
- Journal of Law and Health (5)
- American University Law Review (3)
- Dignity: A Journal of Analysis of Exploitation and Violence (3)
- Marquette Benefits and Social Welfare Law Review (3)
- Marquette Sports Law Review (3)
- Nevada Law Journal (3)
- Seattle University Law Review (3)
- St. Mary's Law Journal (3)
- Vanderbilt Journal of Entertainment & Technology Law (3)
- Brigham Young University Journal of Public Law (2)
- Journal of Legislation (2)
- Marquette Intellectual Property Law Review (2)
- Mercer Law Review (2)
- Michigan Law Review (2)
- SMU Law Review (2)
- SMU Science and Technology Law Review (2)
- Touro Law Review (2)
- University of Miami Inter-American Law Review (2)
- Vanderbilt Journal of Transnational Law (2)
- Vanderbilt Law Review (2)
Articles 181 - 210 of 218
Full-Text Articles in Health Law and Policy
Witch Doctors, Zombies, And Oracles: Rethinking Health In America, Ali S. Khan
Witch Doctors, Zombies, And Oracles: Rethinking Health In America, Ali S. Khan
Health Matrix: The Journal of Law-Medicine
To the extent we can even refer to an American healthcare "system," it functions brilliantly ... to make money. The system is designed to reward executives or major shareholders of pharmaceutical & health insurance companies, healthcare facilities, and related entities. With a rapidly aging population, healthcare will soon surpass a fifth of our economy. Of course, the American healthcare system does not function brilliantly when one considers the perspective of patients and over-extended primary care providers. Prices are growing faster than inflation or wages, healthcare is twice as costly as other comparable nations, and one third is a result of …
Different But Same: A Call For A Joint Pro-Active Regulation Of Cross-Border Egg And Surrogacy Markets, Sharon Bassan
Different But Same: A Call For A Joint Pro-Active Regulation Of Cross-Border Egg And Surrogacy Markets, Sharon Bassan
Health Matrix: The Journal of Law-Medicine
The article examines the need of a pro-active regulation of cross-border egg and surrogacy markets. Topics discussed include ways to regulate surrogacy market failures; conduct of both cross-border markets and the main failures that raise the need for regulation in each market; and minimalistic and a pro-active approach to regulate the markets.
Needles, Haystacks, And Next-Generation Genetic Sequencing, Teneille R. Brown
Needles, Haystacks, And Next-Generation Genetic Sequencing, Teneille R. Brown
Health Matrix: The Journal of Law-Medicine
Genetic testing is becoming more frequent and the results more complex. Not infrequently, genetic testing conducted for one purpose reveals information about other features of the genome that may be of clinical significance. These unintended findings have been referred to as "incidental" or "secondary" findings. In 2013, the American College of Medical Genetics ("ACMG") recommended that clinical laboratories inform people if their genetic analyses indicate that they have certain secondary mutations. These mutations were selected because they probably cause a serious disease, which is treatable, and may go undetected. The ACMG's recommendations galvanized critical responses by the genetics and ethics …
Examining Nontherapeutic Circumcision, Stephen R. Munzer
Examining Nontherapeutic Circumcision, Stephen R. Munzer
Health Matrix: The Journal of Law-Medicine
The article argues that male minors have a moral anticipatory right-in-trust not to be circumcised without a medical indication. Topics discussed include ethical, political, and intellectual persuasions of children's rights, parental rights, religious freedom; moral implications to circumcise male minors without a medical indication; and moral rights of male minors
The Broken Medicare Appeals System: Failed Regulatory Solutions And The Promise Of Federal Litigation, Greer Donley
The Broken Medicare Appeals System: Failed Regulatory Solutions And The Promise Of Federal Litigation, Greer Donley
Health Matrix: The Journal of Law-Medicine
The Medicare Appeals System is broken. For years, the System has been unable to accommodate a growing number of appeals. The result is a backlog so large that even if no new appeals were filed, it would take the System a decade or more to empty. Healthcare providers wait many years for their appeals to be heard before an Administrative Law Judge (ALJ), and because the government recoups providers' Medicare payments while they wait, the delays cause them serious financial harm. Even worse, providers are more likely than not to prevail before the ALJ, proving that the payment should never …
Make America Discriminate Again? Why Hobby Lobby's Expansion Of Rfra Is Bad Medicine For Transgender Health Care, Alexis M. Florczak
Make America Discriminate Again? Why Hobby Lobby's Expansion Of Rfra Is Bad Medicine For Transgender Health Care, Alexis M. Florczak
Health Matrix: The Journal of Law-Medicine
The article highlights the implications of the U.S. Supreme Court's decision in "Burwell v. Hobby Lobby Stores, Inc." which held for-profit corporations could be exempt from the Affordable Care Act's (ACA)contraceptive mandate because of their sincerely held religious beliefs. Topics discussed include ACA Nondiscrimination or Civil Rights provision provides valuable protections to transgender individuals; and Department of Health and Human Services' further guidance on the ACA's provision.
Health Matrix, 2018
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
What Is Reasonable And What Can Be Proved As Reasonable: Reflections On The Role Of Evidence- Based Medicine And Clinical Practice Guidelines In Medical Negligence Claims, Sira Grosso
Annals of Health Law and Life Sciences
No abstract provided.
Foreword, Adrienne A. Testa
Foreword, Adrienne A. Testa
Annals of Health Law and Life Sciences
No abstract provided.
Searching For Adverse Events: Big Data And Beyond, Barry R. Furrow
Searching For Adverse Events: Big Data And Beyond, Barry R. Furrow
Annals of Health Law and Life Sciences
No abstract provided.
Legal And Ethical Impediments To Data Sharing And Integration Among Medical Legal Partnership Participants, Jessica Mantel, Renee Knake
Legal And Ethical Impediments To Data Sharing And Integration Among Medical Legal Partnership Participants, Jessica Mantel, Renee Knake
Annals of Health Law and Life Sciences
No abstract provided.
Healthcare, Privacy, Big Data And Cybercrime: Which One Is The Weakest Link?, Marin Mrcela, Igor Vuletic
Healthcare, Privacy, Big Data And Cybercrime: Which One Is The Weakest Link?, Marin Mrcela, Igor Vuletic
Annals of Health Law and Life Sciences
No abstract provided.
Honoring Our Silent Neighbors To The South: The Problem Of Abandoned Or Forgotten Asylum Cemeteries, Louise Harmon
Honoring Our Silent Neighbors To The South: The Problem Of Abandoned Or Forgotten Asylum Cemeteries, Louise Harmon
Touro Law Review
No abstract provided.
Using The Public Nuisance Doctrine To Combat Antibiotic Resistance, Amanda Purcell
Using The Public Nuisance Doctrine To Combat Antibiotic Resistance, Amanda Purcell
American University Law Review
No abstract provided.
Dying For A Solution: The Regulation Of Medical Devices Falls Short In The 21st Century Cures Act, Marilyn Uzdavines
Dying For A Solution: The Regulation Of Medical Devices Falls Short In The 21st Century Cures Act, Marilyn Uzdavines
Nevada Law Journal
No abstract provided.
New Frontiers In Medical Privacy: Protecting The Biometric Data Of Patients In The Healthcare Industry, Jordan T. Shewmaker
New Frontiers In Medical Privacy: Protecting The Biometric Data Of Patients In The Healthcare Industry, Jordan T. Shewmaker
Kentucky Law Journal
No abstract provided.
Dignity In Choice: A Terminally Ill Patient's Right To Choose, Cody Bauer
Dignity In Choice: A Terminally Ill Patient's Right To Choose, Cody Bauer
Mitchell Hamline Law Review
No abstract provided.
Renovations Needed: The Fda's Floor/Ceiling Framework, Preemption, And The Opioid Epidemic, Michael R. Abrams
Renovations Needed: The Fda's Floor/Ceiling Framework, Preemption, And The Opioid Epidemic, Michael R. Abrams
Michigan Law Review
The FDA’s regulatory framework for pharmaceuticals uses a “floor/ceiling” model: administrative rules set a “floor” of minimum safety, while state tort liability sets a “ceiling” of maximum protection. This model emphasizes premarket scrutiny but largely relies on the state common law “ceiling” to police the postapproval drug market. As the Supreme Court increasingly holds state tort law preempted by federal administrative standards, the FDA’s framework becomes increasingly imbalanced. In the face of a historic prescription medication overdose crisis, the Opioid Epidemic, this imbalance allows the pharmaceutical industry to avoid internalizing the public health costs of their opioid products. This Note …
Table Of Contents
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Macra And Medicare’S Elusive Quest For Fairness And Value With Physician Payment Policy: Speeding Up The Transition To “Big Med”, Rick Mayes, Soleil Shah
Macra And Medicare’S Elusive Quest For Fairness And Value With Physician Payment Policy: Speeding Up The Transition To “Big Med”, Rick Mayes, Soleil Shah
Saint Louis University Journal of Health Law & Policy
This article traces the evolution of Medicare physician payment policy from the program’s beginning to the passage of the 2015 Medicare Access and CHIP Reauthorization Act (MACRA). Based on interviews, primary data sources, and an extensive review of the secondary literature, the authors provide an analysis of: (1) some of the most significant events, trends and factors that led to the Act’s passage, (2) MACRA’s basic design and the primary options it gives to physicians, and (3) the major concerns many physician representatives and health policy experts have about MACRA. As the majority of physicians will likely feel the need …
Regulatory Implications Of The Comprehensive Care For Joint Replacement Demonstration Project, Thomas W. Brewer
Regulatory Implications Of The Comprehensive Care For Joint Replacement Demonstration Project, Thomas W. Brewer
Saint Louis University Journal of Health Law & Policy
An often overlooked provision in the Patient Protection and Affordable Care Act is the authorization of demonstration projects which incentivize providers to develop, implement, and test novel, cost-cutting approaches to care delivery. One such project, the Comprehensive Care for Joint Replacement demonstration project, encourages providers across the continuum of care to collaborate on strategies that improve the quality of and lower the cost of complete joint replacements. The project allows providers to share the benefits of cost savings, and liabilities for cost overruns, across the surgeons performing procedures, acute care facilities, and post-acute care facilities. Arrangements of this type, outside …
Putting The Brakes On Consumer Driven Medicaid: The Failures And Harms Of Healthy Indiana Plan (Hip) 2.0, Sidney D. Watson
Putting The Brakes On Consumer Driven Medicaid: The Failures And Harms Of Healthy Indiana Plan (Hip) 2.0, Sidney D. Watson
Saint Louis University Journal of Health Law & Policy
In January 2015, the U.S. Department of Health and Human Services (HHS) granted Indiana a Section 1115 Demonstration Waiver to experiment with consumer driven Medicaid. The Healthy Indiana Plan (HIP) 2.0 combines a $2,500 high deductible with a Personal Responsibility and Wellness (POWER) Account, premiums, and copays. Described as “the most significant departure from traditional Medicaid ever approved,” Indiana claims that the POWER Account, the signature feature of HIP 2.0, is “similar to a health savings account (HSA)” and encourages members to be more cost-conscious consumers, helps familiarize members with how commercial health insurance works, and encourages continuous Medicaid enrollment. …
The Body Politic: Federalism As Feminism In Health Reform, Elizabeth Y. Mccuskey
The Body Politic: Federalism As Feminism In Health Reform, Elizabeth Y. Mccuskey
Saint Louis University Journal of Health Law & Policy
This essay illuminates how modern health law has been mainstreaming feminism under the auspices of health equity and social determinants research. Feminism shares with public health and health policy both the empirical impulse to identify inequality and the normative value of pursing equity in treatment. Using the Affordable Care Act’s federal health insurance reforms as a case study of health equity in action, the essay exposes the feminist undercurrents of health insurance reform and the impulse toward mutuality in a body politic. The essay concludes by revisiting—from a feminist perspective—scholars’ arguments that equity in health insurance is essential for human …
Finding An Unlikely Combatant In The War Against Ransomware: Opportunities For Providers To Utilize Off-Site Data Backup Within The Hipaa Omnibus And Hitech Amendments, Jordan Butler
Saint Louis University Journal of Health Law & Policy
Each day the health care sector is subjected to an onslaught of thousands of ransomware virus attacks which attempt to capture a provider’s IT operations until a ransom is paid to the hacker. Apart from monetary, functional, and civil liability considerations, compromised health systems that contain electronic patient health information could expose a provider to legal liability under multiple HIPAA laws. This article will explore how recent amendments made to HIPAA, particularly under the Omnibus and HITECH Acts, incentivize providers to obtain legal, functional, and policy-based benefits by utilizing off-site data backup business associates as part of their cybersecurity defense …
Overlapping And Concurrent Surgeries: An Analysis Of Informed Consent When There Is Incomplete Risk Information, Caitlan E. Grombka-Murphy
Overlapping And Concurrent Surgeries: An Analysis Of Informed Consent When There Is Incomplete Risk Information, Caitlan E. Grombka-Murphy
Saint Louis University Journal of Health Law & Policy
The practice of overlapping and concurrent surgeries—where a single surgeon runs two or more operations at once—is not new. However, it was not until 2015, through the Boston Globe’s investigation, that the general public learned the details of such practices. Lack of transparency surrounding these practices regrettably has created a culture of distrust within the surgeon-patient relationship. The core concern of overlapping and concurrent surgeries is the potential for patient risk. Scientific research on how much additional risk overlapping or concurrent surgeries place on the patient is still in its early stages. This article explores current scientific research, noting …
Table Of Contents
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Foreword, Robert Gatter
Foreword, Robert Gatter
Saint Louis University Journal of Health Law & Policy
No abstract provided.