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Articles 9031 - 9060 of 14708
Full-Text Articles in Health Law and Policy
Strategies For Implementing The New International Health Regulations In Federal Countries, David P. Fidler, Kumanan Wilson, Christopher Mcdougall, Harvey Lazar
Strategies For Implementing The New International Health Regulations In Federal Countries, David P. Fidler, Kumanan Wilson, Christopher Mcdougall, Harvey Lazar
Articles by Maurer Faculty
The International Health Regulations (IHR), the principal legal instrument guiding the international management of public health emergencies, have recently undergone an extensive revision process. The revised regulations, referred to as the IHR (2005), were unanimously approved in May 2005 by all Member States of the World Health Assembly (WHA) and came into effect on 15 June 2007. The IHR (2005) reflect a modernization of the international community’s approach to public health and an acknowledgement of the importance of establishing an effective international strategy to manage emergencies that threaten global health security.
The success of the IHR as a new approach …
Risk Governance And Deliberative Democracy In Health Care, Nan D. Hunter
Risk Governance And Deliberative Democracy In Health Care, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
I argue in this article that the concept of risk-centered governance is the best theoretical paradigm for understanding health law and the health care system. Over the past 20 years, an insurance-inflected discourse has migrated from the purely financial side of the health system into the heart of traditional medicine - the doctor-patient relationship. Rather than focus on doctrinal strands, I argue that scholars should analyze the law of health care as a set of governance practices organized around managing and allocating financial, as well as clinical, risk.
Over the same period, the body of law that structures most private …
Foreword, Maura Ward, Lawrence Singer, John Blum
Foreword, Maura Ward, Lawrence Singer, John Blum
Annals of Health Law and Life Sciences
No abstract provided.
Patenting Medical Devices: The Economic Implications Of Ethically Motivated Reform, Kristen Nugent
Patenting Medical Devices: The Economic Implications Of Ethically Motivated Reform, Kristen Nugent
Annals of Health Law and Life Sciences
This article explores whether the current patent system strikes the optimal balance between providing incentives to inventors to bring new medical devices to the marketplace and promoting public health by ensuring that these medical devices are widely available at a reasonable price. After providing an overview of the relationship of patent law to medical devices, the author explains how ethical and economic considerations suggest the need for an alternative patent system for medical devices and notes the difficulties with this proposal. The author concludes that a combination of alternatives to the current system most equitably account for the interests and …
The Consequences Of Restricted Health Care Access For Immigrants: Lessons From Medicaid And Schip, Janet M. Calvo
The Consequences Of Restricted Health Care Access For Immigrants: Lessons From Medicaid And Schip, Janet M. Calvo
Annals of Health Law and Life Sciences
This article explores the serious public health and health system concerns that arise from the exclusion of immigrants from health care access reform. Specifically, the author explains how Medicaid and SCHIP restrictions limit healthcare access for eligible citizens, undermine the functioning of the healthcare system, and hinder public health goals. These public health goals include: controlling contagious diseases, reducing infant mortality, and coordinating chronic disease care. Ultimately, the author concludes that providing health care access for noncitizens would further public health goals and implement a more rational and cost effective healthcare system.
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
Transcribed Speech Of Robert Earley, Robert Earley
Transcribed Speech Of Robert Earley, Robert Earley
Annals of Health Law and Life Sciences
No abstract provided.
Access To Health Care For Elderly Immigrants, Marguerite Angelari
Access To Health Care For Elderly Immigrants, Marguerite Angelari
Annals of Health Law and Life Sciences
This comment argues that our current approach of limiting immigrant access to federal healthcare programs for the elderly is not only unjust, but also shortsighted. The author points out that many undocumented immigrants make significant tax contributions to the Medicare and Social Security programs. By not permitting undocumented immigrants to receive Medicare benefits associated with their contributions, the incentive for immigrants to contribute to Medicare will be eliminated and further strain will be placed on the Medicaid program. The author concludes that this policy approach will increase the costs to society of providing health care to an aging immigrant population …
Left Out In The Cold: How The United States' Healthcare System Excludes Immigrants, Tamara Forys
Left Out In The Cold: How The United States' Healthcare System Excludes Immigrants, Tamara Forys
Annals of Health Law and Life Sciences
No abstract provided.
Transcribed Speech Of Dr. E. Richard Brown, E. Richard Brown
Transcribed Speech Of Dr. E. Richard Brown, E. Richard Brown
Annals of Health Law and Life Sciences
No abstract provided.
The Immigrant Health Care Narrative And What It Tells Us About The U.S. Health Care System, Brietta R. Clark
The Immigrant Health Care Narrative And What It Tells Us About The U.S. Health Care System, Brietta R. Clark
Annals of Health Law and Life Sciences
This article examines the political, legal, and popular discourse in favor of and against healthcare benefit restrictions for immigrants. The author explains how this discourse creates narratives of immigrants' character and relationship to the rest of society. These narratives influence our perception of immigrants and their effect on society, and this perception, in turn, seems to influence the policies enacted to regulate immigrants and immigration. However, the author points out that immigrant-specific discourse or advocacy will not solve the fundamental problems of immigrant access to care and can serve to reinforce, rather than challenge, the fundamental defects of our health …
Transcribed Speech Of Dr. Jennifer Cutrer, Jennifer Cutrer
Transcribed Speech Of Dr. Jennifer Cutrer, Jennifer Cutrer
Annals of Health Law and Life Sciences
No abstract provided.
Immigrant Health Care: Social And Economic Costs Of Denying Access, Ann Weilbaecher
Immigrant Health Care: Social And Economic Costs Of Denying Access, Ann Weilbaecher
Annals of Health Law and Life Sciences
No abstract provided.
Who's Minding The Shop? The Role Of Canadian Research Ethics Boards In The Creation And Uses Of Registries And Biobanks, Elaine Gibson, Kevin Brazil, Michael Coughlin, Claudia Emerson, François Fournier, Lisa Schwartz, Karen Szala-Meneok, Karen Weisbaum, Donald Willison
Who's Minding The Shop? The Role Of Canadian Research Ethics Boards In The Creation And Uses Of Registries And Biobanks, Elaine Gibson, Kevin Brazil, Michael Coughlin, Claudia Emerson, François Fournier, Lisa Schwartz, Karen Szala-Meneok, Karen Weisbaum, Donald Willison
Articles, Book Chapters, & Popular Press
Background: The amount of research utilizing health information has increased dramatically over the last ten years. Many institutions have extensive biobank holdings collected over a number of years for clinical and teaching purposes, but are uncertain as to the proper circumstances in which to permit research uses of these samples. Research Ethics Boards (REBs) in Canada and elsewhere in the world are grappling with these issues, but lack clear guidance regarding their role in the creation of and access to registries and biobanks.
Methods: Chairs of 34 REBS and/or REB Administrators affiliated with Faculties of Medicine in Canadian universities were …
Integrating Accommodation, Elizabeth F. Emens
Integrating Accommodation, Elizabeth F. Emens
Faculty Scholarship
Courts and agencies interpreting the Americans with Disabilities Act (ADA) generally assume that workplace accommodations benefit individual employees with disabilities and impose costs on employers and, at times, coworkers. This belief reflects a failure to recognize a key feature of ADA accommodations: their benefits to third parties. Numerous accommodations – from ramps to ergonomic furniture to telecommuting initiatives – can create benefits for coworkers, both disabled and nondisabled, as well as for the growing group of employees with impairments that are not limiting enough to constitute disabilities under the ADA. Much attention has been paid to how the integration of …
The Boundaries Of The Criminal Law: The Criminalization Of The Non-Disclosure Of Hiv, Isabel Grant
The Boundaries Of The Criminal Law: The Criminalization Of The Non-Disclosure Of Hiv, Isabel Grant
All Faculty Publications
In this paper, the author examines the trend toward the increased criminalization and punishment of persons with HIV who fail to inform their sexual partners of their HIV-positive status. Since the Supreme Court of Canada's decision in R. v. Cuerrier, such behaviour may constitute aggravated assault or aggravated sexual assault, the latter offence carrying a maximum sentence of life imprisonment. The paper surveys the Canadian case law and highlights the trend towards the imposition of increasingly harsh sentences. After reviewing public-health and criminal law options for dealing with non-disclosure of one's HIV status, the author concludes that criminal law should …
Relational Theory And Health Law And Policy, Jennifer Llewellyn, Jocelyn Downie
Relational Theory And Health Law And Policy, Jennifer Llewellyn, Jocelyn Downie
Articles, Book Chapters, & Popular Press
Relational theory starts from an understanding of human selves as relational. This theory informs some significant current developments in the areas of philosophy, ethics and legal theory that re-envision key concepts including autonomy, equality, rights, justice, memory, trust, judgment and identity. In this paper we introduce relational theory and begin to explore some of its implications for health law and policy. In doing so, we hope to show the relevance of each field to the other and to persuade those interested in health law and policy to take up the challenge to pursue the transformative potential of relational theory through …
The Therapeutic Misconception: A Threat To Valid Parental Consent For Paediatric Neuroimaging Research, Michael Hadskis, Nuala Kenny, Jocelyn Downie, Matthias Schmidt, Ryan D'Arcy
The Therapeutic Misconception: A Threat To Valid Parental Consent For Paediatric Neuroimaging Research, Michael Hadskis, Nuala Kenny, Jocelyn Downie, Matthias Schmidt, Ryan D'Arcy
Articles, Book Chapters, & Popular Press
Neuroimaging research has brought major advances to child health and well-being. However, because of the vulnerabilities associated with neurological and developmental conditions, the parental need for hope, and the expectation of parents that new medical advances can benefit their child, pediatric neuroimaging research presents significant challenges to the general problem of consent in the context of research involving children. A particular challenge in this domain is created by the presence of therapeutic misconception on the part of parents and other key research stakeholders. This article reviews the concept of therapeutic misconception and its role in pediatric neuroimaging research. It argues …
Barriers To Access To Abortion Through A Legal Lens, Jocelyn Downie, Carla Nassar
Barriers To Access To Abortion Through A Legal Lens, Jocelyn Downie, Carla Nassar
Articles, Book Chapters, & Popular Press
In addressing whether the procedure for obtaining abortions was operating equitably across Canada, the 1977 Badgley Report concluded that for many women, access to abortion was “practically illusory.” Sadly, although abortion on request became legally permissible for Canadian women in 1988, access to a safe and legal abortion remains practically illusory for many women today. A woman seeking an abortion in Canada must overcome numerous barriers. She must find a way to secure for herself some of the limited resources that our health care system provides for abortion. She must also expend her own, often scarce, personal resources: her time, …
Rodriguez Redux, Jocelyn Downie, Simone Bern
Rodriguez Redux, Jocelyn Downie, Simone Bern
Articles, Book Chapters, & Popular Press
Assisted suicide has once again surfaced as an issue of public attention. Just in the past year, four cases have been in the news. In addition the results of a major study on the attitudes of cancer patients in palliative care towards euthanasia and physician-assisted suicide and the results of an Ipsos Reid public opinion poll on assisted suicide were released. Vigorous calls both for and against the decriminalization of assisted suicide followed. Given that it has been fifteen years since the release of the most famous assisted suicide case in Canada, and given this recent spate of attention, we …
Empirical Health Law Scholarship: The State Of The Field, Kathryn Zeiler
Empirical Health Law Scholarship: The State Of The Field, Kathryn Zeiler
Faculty Scholarship
The last three decades have seen the blossoming of the fields of health law and empirical legal studies and their intersection - empirical scholarship in health law and policy. Researchers in legal academia and other settings have conducted hundreds of studies using data to estimate the effects of health law on accident rates, health outcomes, health care utilization, and costs, as well as other outcome variables. Yet the emerging field of empirical health law faces significant challenges: practical, methodological, and political. The purpose of this Article is to survey the current state of the field by describing commonly used methods, …
Relational Duties, Regulatory Duties, And The Widening Gap Between Individual Health Law And Collective Health Policy, William M. Sage
Relational Duties, Regulatory Duties, And The Widening Gap Between Individual Health Law And Collective Health Policy, William M. Sage
Faculty Scholarship
In response to a prominent editorial by Dr. Jeffrey M. Drazen, Professor Sage explains how a relational approach has impeded health law's ability to effectively govern the American health care system, arguing that health law has traditionally focused on the physician-patient encounter rather than on achieving collective objectives (which he calls regulatory duties). Professor Sage traces health law's relational emphasis to private and public law, professional ethics and bioethics, budgetary and general politics, and health care consumerism. He concludes that four areas of health policy-conflicts of interest in biomedical research, managed care and pay-for-performance, health care transparency and education, and …
Reviews In Medical Ethics: Stumbling On Options: A Review Of Readings In Comparative Health Law & Ethics, Frances H. Miller
Reviews In Medical Ethics: Stumbling On Options: A Review Of Readings In Comparative Health Law & Ethics, Frances H. Miller
Faculty Scholarship
Thanks to a series of storms sweeping up the eastern seaboard for three days, I found myself with four fivehour flight delays and two completely unrelated books in my briefcase. One of the books was the second edition of Professor Tim Jost's Readings in Comparative Health Law & Ethics,' which I was reviewing for this publication. The second was Daniel Gilbert's Stumbling on Happiness,2 which someone - no doubt thinking I could use a little wisdom on the subject - had given me for my birthday. I did not mind the delays, for they gave me time …
Bizarre Love Triangle: The Spending Clause, Section 1983, And Medicaid Entitlements, Nicole Huberfeld
Bizarre Love Triangle: The Spending Clause, Section 1983, And Medicaid Entitlements, Nicole Huberfeld
Faculty Scholarship
The first two terms of the Roberts Court signal a willingness to revisit precedent, and the Court appears poised to reinterpret another area of jurisprudence: the private enforcement of conditions on federal spending against states through actions under 42 U.S.C. § 1983. The most recent pre-Roberts Court precedent is Gonzaga University v. Doe. Federal courts have inconsistently and confusingly applied the Gonzaga framework, but the Rehnquist Court would not revisit the rule. Last term, the Roberts Court granted a petition for certiorari that would have required reconsidering Gonzaga. Before it could be heard on the merits, the respondents mooted the …
Rules For Donations To Tissue Banks: What Next?, George J. Annas
Rules For Donations To Tissue Banks: What Next?, George J. Annas
Faculty Scholarship
Michael Crichton's Next is a fictional creation of multiple catastrophes emanating from the real-life case of John Moore, in which the California Supreme Court ruled in 1990 that Moore did not own his cells after they were removed from his body. As human tissue has become commercially useful, and as tissue banks storing and providing samples for research have flourished, the question of who owns the tissue has become more vital. Next got mixed reviews, but even many scientists, such as Michael Goldman, who reviewed the book in Nature, agree with Crichton that it is imperative that we “establish clear …
The Legacy Of The Nuremberg Doctors' Trial To American Bioethics And Human Rights, George J. Annas
The Legacy Of The Nuremberg Doctors' Trial To American Bioethics And Human Rights, George J. Annas
Faculty Scholarship
In this lecture I argue that modern bioethics was born at the Nuremberg Doctors' Trial, a health law trial that produced one of the first major human rights documents: the Nuremberg Code. Accepting this conclusion has significant consequences for contemporary American bioethics generally, and specifically in the context of our continuing global war on terror in which the United States uses physicians to help in interrogations, torture, and force-feeding hunger strikers.
The primary force shaping the agenda, development, and current state of American bioethics has not been either medicine or philosophy, but law, best described as health law. Like bioethics, …
Disability, Equipment Barriers And Women’S Health: Using The Ada To Provide Meaningful Access, Elizabeth Pendo
Disability, Equipment Barriers And Women’S Health: Using The Ada To Provide Meaningful Access, Elizabeth Pendo
Articles
It is well-known that people with disabilities face multiple barriers to adequate health care, including lower average incomes, disproportionate poverty, and issues with insurance coverage. This article focuses on a more fundamental barrier-one that has not been discussed in the legal literature-inaccessible medical equipment and its effect on the delivery of women's health care to millions of women with disabilities .
Clear Notice For Conditions On Spending, Unclear Implications For States In Federal Healthcare Programs, Nicole Huberfeld
Clear Notice For Conditions On Spending, Unclear Implications For States In Federal Healthcare Programs, Nicole Huberfeld
Faculty Scholarship
This article explores an important case from the 2005-06 Supreme Court term, Arlington Central School District Board of Education v. Murphy. Murphy is a benchmark for Spending Clause jurisprudence, as the new Roberts Court adopted what was the dissenting view for years, but its significance has gone largely unnoticed. Additionally, Murphy may have critical implications for the federalism revolution and for the country's largest healthcare programs. These broad observations are focused in this article by the example of the Clawback Provision, a new Medicaid requirement that has been challenged by New Jersey, Texas, Maine, Missouri, and Kentucky. The Supreme Court …
Health Care Reform In America: Beyond Ideology, George J. Annas
Health Care Reform In America: Beyond Ideology, George J. Annas
Faculty Scholarship
The inspiration for the following keynote address was drawn from an article authored by Professor Annas in 1995 which appeared in the New England Journal of Medicine.2 In that article, Professor Annas sought to explain the Clinton healthcare plan's failure by analyzing the power and importance of the healthcare reform metaphors used in promoting the plan. In his remarks here, Professor Annas extends his analysis of healthcare related metaphors to those common in current healthcare reform parlance, theorizing that current efforts at healthcare reform have been unsuccessful, in part, because the metaphors used fail to frame the issues involved …
Interstate Variations In Medical Practice Patterns For Low Back Conditions, Dean Hashimoto, Dongchun Wang, Kathryn Mueller, Sharon Belton, Xiaoping Zho
Interstate Variations In Medical Practice Patterns For Low Back Conditions, Dean Hashimoto, Dongchun Wang, Kathryn Mueller, Sharon Belton, Xiaoping Zho
Dean M. Hashimoto
No abstract provided.