Medical Jurisprudence Commons^™

Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen

Thomas A Faunce

The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, …

Medical Malpractice Reform?, Robert B. Leflar

Robert B Leflar

Column 3 (of 5) on health reform: Medical malpractice reform proposals

Health Bills: What's At The Core, Robert B. Leflar

Robert B Leflar

Column 2 (of 5) on the health reform debate: explanation of the legislation.

Health Care: Yellow Lights, Red Flags, Robert B. Leflar

Robert B Leflar

Column 1 (of 5) on the health reform debate

Ip Policy Void In The 'Grand Climate Bargain', Matthew Rimmer

Matthew Rimmer

In September, Prime Minister Kevin Rudd emphasized the need for national and global action on climate change and called for “a grand bargain” between “the developed world and the developing world in order to reach an outcome for the planet earth as a whole”.No doubt, action on climate change will need new technology, which most likely will be predominately developed in a few, innovative countries. It is also clear, however, that if this ‘grand bargain’ is to be more than a wistful hope we need appropriate intellectual property rights in place for these new technological developments.The chairs of the Ad …

Media Futures: A Review Essay On 'The Future Of Reputation', 'Tv Futures', And 'The Future Of The Internet And How To Stop It', Prometheus, Vol. 27 (3), P. 267-279., Matthew Rimmer

Matthew Rimmer

This review essay considers three recent books, which have explored the legal dimensions of new media. In contrast to the unbridled exuberance of Time Magazine, this series of legal works displays an anxious trepidation about the legal ramifications associated with the rise of social networking services. In his tour de force, The Future of Reputation: Gossip, Rumor, and Privacy on the Internet, Daniel Solove considers the implications of social networking services, such as Facebook and YouTube, for the legal protection of reputation under privacy law and defamation law. Andrew Kenyon’s edited collection, TV Futures: Digital Television Policy in Australia, explores …

A Submission On The Hawke Interim Report On The Environment Protection And Biodiversity Conservation Act 1999 (Cth), Sarah Holcombe, Matthew Rimmer, Terri Janke

Matthew Rimmer

There are currently no regulatory mechanisms, laws or policies that specifically provide rights to Indigenous peoples over their Indigenous knowledge and intellectual property. We strongly recommend that the commonwealth take the lead to ensure that national sui generis laws are developed (perhaps to operate initially in areas of Cth jurisdiction, such as IPAs and national parks). The development of such laws should be in tandem with practical guidelines to assist their implementation. A comprehensive, nationally consistent scheme for access to genetic resources, which offers meaningful protection of traditional knowledge and substantive benefit-sharing with Indigenous communities, has to be developed. There …

Wikipedia, Collective Authorship, And The Politics Of Knowledge, Matthew Rimmer

Matthew Rimmer

This chapter considers the legal ramifications of Wikipedia, and other online media, such as the Encyclopedia of Life. Nathaniel Tkacz (2007) has observed: 'Wikipedia is an ideal entry-point from which to approach the shifting character of knowledge in contemporary society.' He observes: 'Scholarship on Wikipedia from computer science, history, philosophy, pedagogy and media studies has moved beyond speculation regarding its considerable potential, to the task of interpreting - and potentially intervening in - the significance of Wikipedia's impact' (Tkacz 2007). After an introduction, Part II considers the evolution and development of Wikipedia, and the legal troubles that have attended it. …

A Submission To The House Standing Committee On Procedure Inquiry Into The Effectiveness Of House Committees, Simon Rice, Matthew Rimmer

Matthew Rimmer

Thank you for the opportunity to make a submission to your inquiry into the effectiveness of the House Committees. Our Parliamentary committees have six basic roles: to advise, to inquire, to administrate, to legislate, to negotiate, and to scrutinise and control’. After a slow start in Australia, committees have become increasingly important to democratic governance in Australia.

The committees’ effective performance of their tasks are vital to a healthy Australian democracy. It is our experience, as frequent participants in parliamentary committee inquiries, that the committees are not sufficiently resourced, in time and personnel, to effectively discharge their increasingly important role.

Arguing Patentability With Motif Analysis And Gene Sequence Alignments, Brendan O. Baggot

Brendan O. Baggot

No abstract provided.

A Submission To The Senate Community Affairs Committee Inquiry Into Gene Patents, Matthew Rimmer

Matthew Rimmer

I am a senior lecturer and the associate director for research at the Australian National University College of Law based in Canberra, Australia. I am also an associate director of the Australian Centre for Intellectual Property in Agriculture (ACIPA). I have a BA (Hons) and a University Medal in literature, and a LLB (Hons) from the Australian National University, and a PhD in law from the University of New South Wales. I am a member of the Copyright and Intellectual Property Advisory Group of the Australian Library and Information Association, and a director of the Australian Digital Alliance. I am …

The Regulation Of Medical Malpractice In Japan, Robert Leflar

Robert B Leflar

How Japanese legal and social institutions handle medical errors is little known outside Japan. For almost all of the 20th century, a paternalistic paradigm prevailed. Characteristics of the legal environment affecting Japanese medicine included few attorneys handling medical cases, low litigation rates, long delays, predictable damage awards, and low-cost malpractice insurance. However, transparency principles have gained traction and public concern over medical errors has intensified. Recent legal developments include courts' adoption of a less deferential standard of informed consent; increases in the numbers of malpractice claims and of practicing attorneys; more efficient claims handling by specialist judges and speedier trials; …

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.

The Genographic Project: Traditional Knowledge And Population Genetics, Matthew Rimmer

Matthew Rimmer

This article considers the debate over patent law, informed consent, and benefit-sharing in the context of biomedical research in respect of Indigenous communities. In particular, it focuses upon three key controversies over large-scale biology projects, involving Indigenous populations. These case studies are representative of the tensions between research organisations, Indigenous communities, and funding agencies. Section two considers the aims and origins of the Human Genome Diversity Project, and criticisms levelled against the venture by Indigenous peak bodies and anti-biotechnology groups, such as the Rural Advancement Foundation International. It examines the ways in which the United Nations Educational, Scientific, and Cultural …

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano

Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Mental Health Parity Laws, Louis Graham, Kisha Braithwaite

Louis F Graham

Extended Work Duration And The Risk Of Self-Reported Percutaneous Injuries In Interns, Dean M. Hashimoto, Najib T. Ayas, Laura K. Barger, Brian E. Cade, Bernard Rosner, John W. Cronin, Frank E. Speizer, Charles A. Czeisler

Dean M. Hashimoto

Context: In their first year of postgraduate training, interns commonly work shifts that are longer than 24 hours. Extended-duration work shifts are associated with increased risks of automobile crash, particularly during a commute from work. Interns may be at risk for other occupation-related injuries.

Objective: To assess the relationship between extended work duration and rates of percutaneous injuries in a diverse population of interns in the United States.

Design, Setting, and Participants: National prospective cohort study of 2737 of the estimated 18 447 interns in US postgraduate residency programs from July 2002 through May 2003. Each month, comprehensive Web-based surveys …

Recombinant Proteins Containing Repeating Units, Qi Wang, Zhonghon Guan, Brendan O. Baggot, Kristen Hadfield, Jianmin Zhao, Janice Edwards

Brendan O. Baggot

Methods for the production of recombinant proteins containing repeating units are disclosed. Also disclosed are methods for the production of degenerate polynucleotides encoding said recombinant proteins. In addition, polypeptides and polynucleotides produced by the methods of current invention are also disclosed.

Appointed Member Of The Advisory Board On Science And Technology Of The Flaschner Judicial Institute, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Judging Scientific Evidence At The Cutting Edge, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

The Role Of Medical Treatment Guidelines In Workers’ Compensation, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Japanese American Internment, Korematsu, And Its Continuing Impact, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Race, Resistance, And Reconciliation: Japanese American Resisters From World War Ii, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

The Role Of The Legal Causation Requirement In Tort Litigation And Regulation Involving Indoor Air Quality Problems, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Should The Patients' Bill Of Rights Include Affirmative Action?, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Appointed Visiting Associate Professor Of Law For Spring 2006 At Harvard Law School, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk

Thomas A Faunce

On 22 June 2005 the Senate of the Commonwealth of Australia voted to establish an inquiry into workplace harm related to toxic dust and emerging technologies (including nanoparticles). The inquiry became known as the "White" Inquiry after Mr Richard White, a financially uncompensated sufferer of industrial sandblasting-induced lung disease who was instrumental in its establishment. The "White" Inquiry delivered its final report and recommendations on 31 May 2006. This paper examines whether these recommendations and their implementation may provide a unique opportunity not only to modernize relevant monitoring standards and processes, but related compensation systems for disease associated with workplace-related …

Pediatric Use Of Complementary Therapies: Ethical And Policy Choices, Dean M. Hashimoto, Michael H. Cohen, Kathi J. Kemper, Laura Stevens, Joan Gilmour

Dean M. Hashimoto

Objective: Many pediatricians and parents are beginning to integrate use of complementary and alternative medical (CAM) therapies with conventional care. This article addresses ethical and policy issues involving parental choices of CAM therapies for their children.

Methods: We conducted a literature search to assess existing law involving parental choice of CAM therapies for their children. We also selected a convenience sample of 18 states of varying sizes and geographic locations. In each state, we inquired within the Department of Health and Human Services whether staff were aware of (1) any internal policies concerning these issues or (2) any cases in …

Medical Error As Reportable Event, As Tort, As Crime: A Transpacific Comparison, Robert B. Leflar, Futoshi Iwata

Robert B Leflar

All nations seek to reduce the human toll from medical error, but variations in legal and institutional structures guide those efforts into different trajectories. This article compares legal and institutional responses to patient safety problems in the United States and Japan, addressing developments in civil malpractice law (including discoverability of internal hospital documents), administrative practice (including medical accident reporting systems), and - of particular significance in Japan - criminal law. In the U.S., battles over rules of malpractice litigation are fierce; tort law occupies center stage. The hospital accreditation process plays a critical role in medical quality control, and peer …