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Full-Text Articles in Health Law and Policy
Mitochondrial Replacement Therapy: How A Government For The People, Failed The People, Jeffery Mark Sauer
Mitochondrial Replacement Therapy: How A Government For The People, Failed The People, Jeffery Mark Sauer
University of Miami Law Review
Despite having the potential to significantly reduce the passage of many lethal diseases and devastating birth defects, mitochondrial replacement therapy—a controversial medical procedure in which mitochondrial RNA from a healthy female replaces the mitochondrial RNA from the intended mother in vitro—will have no place in the United States anytime soon. Under the guise of purported safety concerns and ethical dilemmas, the Republican Congress used its “power of the purse” to halt any and all research furthering mitochondrial replacement therapy, notwithstanding the fact that many leaders in the medical community have advocated for further research. Several developed countries have already implemented …
Brazil’S Zika Epidemic And Its Effects On The Criminalization Of Abortion, Laura M. Monteiro
Brazil’S Zika Epidemic And Its Effects On The Criminalization Of Abortion, Laura M. Monteiro
University of Miami Inter-American Law Review
No abstract provided.
Will The Zika Virus Enable A Transplant Of Roe V. Wade To Brazil?, Amanda Greenberg
Will The Zika Virus Enable A Transplant Of Roe V. Wade To Brazil?, Amanda Greenberg
University of Miami Inter-American Law Review
No abstract provided.
Big Data: Destroyer Of Informed Consent, A. Michael Froomkin
Big Data: Destroyer Of Informed Consent, A. Michael Froomkin
Articles
The 'Revised Common Rule' took effect on January 21, 2019, marking the first change since 2005 to the federal regulation that governs human subjects research conducted with federal support or in federally supported institutions. The Common Rule had required informed consent before researchers could collect and use identifiable personal health information. While informed consent is far from perfect, it is and was the gold standard for data collection and use policies; the standard in the old Common Rule served an important function as the exemplar for data collection in other contexts. Unfortunately, true informed consent seems incompatible with modern analytics …
Strategic Litigation To Advance Public Health, Tamar Ezer, Priti Patil
Strategic Litigation To Advance Public Health, Tamar Ezer, Priti Patil
Articles
The HIV movement has relied on strategic litigation as an important tool to develop and enforce legal protections critical to health. This experience contains lessons on the potential of strategic litigation to advance public health more generally. Beyond impacting laws and policies, strategic litigation can change practice, breathing life into existing legal rules never implemented. While cases may target a particular law, policy, or practice, indirect impacts beyond a particular court decision on future cases, other branches of government, and the public record may be just as important. Each case is only one step towards change, and a judgment can …