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Articles 1 - 22 of 22
Full-Text Articles in Medical Jurisprudence
Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Dobbsmacked By The Dobbs Decision: The Need For More Privacy Protection For Personal Health Information, Morgan Vanden Heuvel
Dobbsmacked By The Dobbs Decision: The Need For More Privacy Protection For Personal Health Information, Morgan Vanden Heuvel
Mitchell Hamline Law Review
No abstract provided.
Passport To Plastics: Cosmetic Surgery Tourism, Medical Malpractice, And The Automatic Establishment Of Personal Jurisdiction By Way Of The Joint Commission International, Elizabeth Astrup
Indiana Journal of Global Legal Studies
For centuries, tourists have visited lands near and far in search of experiences unavailable in their home countries. From golfing the best courses in the world, to yoga retreats in remote locations, many tourist activities provide experiential opportunities along with health and wellness benefits. Currently, an increasing number of individuals are opting to cross international borders to receive medical treatments, often at reduced costs. While many scholars use the term health tourism to encompass all health and wellness travel purposes, this note uses the term medical tourism to distinguish tourism for the specific purpose of medical treatments or procedures. Medical …
Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School Of Law
Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Health Care Referrals Out Of The Shadows: Recognizing The Looming Threat Of The Texas Patient Solicitation Act And Other Illegal Remuneration Statutes, Trenton Brown
St. Mary's Law Journal
Abstract forthcoming
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.
Expanding The Base: A Case For Increased Interprofessional Collaboration In Public Health Law And Policy, Heather A. Walter-Mccable, Marea K. Kinney, Stephanie Q. Quiring, Doug Jerolimov
Expanding The Base: A Case For Increased Interprofessional Collaboration In Public Health Law And Policy, Heather A. Walter-Mccable, Marea K. Kinney, Stephanie Q. Quiring, Doug Jerolimov
Law Faculty Research Publications
No abstract provided.
In Re Guardianship Of Hailu, 131 Nev. Adv. Op. 89 (Nov. 16, 2015), Adrienne Brantley
In Re Guardianship Of Hailu, 131 Nev. Adv. Op. 89 (Nov. 16, 2015), Adrienne Brantley
Nevada Supreme Court Summaries
The Court determined that under NRS § 451.007 (the Uniform Determination of Death Act) the District court failed to consider whether the American Association of Neurology (AAN) guidelines adequately measure all functions of the entire brain and whether the guidelines are considered accepted medical standards by states that have adopted the Act.
Much Ado About Nothing? A Critical Examination Of Therapeutic Jurisprudence, Dennis Roderick, Susan T. Krumholz
Much Ado About Nothing? A Critical Examination Of Therapeutic Jurisprudence, Dennis Roderick, Susan T. Krumholz
University of Massachusetts Law Review
In the decades since the 1970s there have been several movements designed to impact or alter the workings of the legal system. The most lasting and widespread of these movements has been the development and systemic incorporation of mediation or Alternative Dispute Resolution, especially in the arena of family law but also impacting community disagreements, a variety of commercial disputes, and civil cases in general. However mediation did not significantly impact the practice of criminal law. Rapid growth in the number of individuals being processed through the criminal courts during the 1980s and 1990s shifted the focus to the criminal …
Silence Is Golden...Except In Health Care Philanthropy, Stacey A. Tovino
Silence Is Golden...Except In Health Care Philanthropy, Stacey A. Tovino
University of Richmond Law Review
No abstract provided.
Owning Omega-3: Monsanto And The Invention Of Meat, Matthew Rimmer
Owning Omega-3: Monsanto And The Invention Of Meat, Matthew Rimmer
Matthew Rimmer
In August of 2010, Anna Salleh of the Science Unit of the Australian Broadcasting Corporation broke a story about Monsanto seeking to patent the enhancement of meat, including omega-3 fatty acids:‘Enhanced port is sparking debate over the ethics of placing patents on food. Patent applications covering the enhancement of meat, including pork with omega-3 fatty acids, are stimulating debate over the ethics and legalities of claiming intellectual property over food. Monsanto has filed patents that cover the feeding of animals soybeans, which have been genetically modified by the company to contain stearidonic acid (SDA), a plant-derived omega-3 fatty acid... Omega-3s …
Preface To Fatal Invention: How Science, Politics, And Big Business Re-Create Race In The Twenty-First Century, Dorothy E. Roberts
Preface To Fatal Invention: How Science, Politics, And Big Business Re-Create Race In The Twenty-First Century, Dorothy E. Roberts
All Faculty Scholarship
Fatal Invention documents the emergence of a new biopolitics in the United States that relies on re-inventing race in biological terms using cutting-edge genomic science and biotechnologies. Some scientists are defining race as a biological category written in our genes, while the biotechnology and pharmaceutical industries convert the new racial science into race-based products, such as race-specific medicines, ancestry tests, and DNA forensics, that incorporate false assumptions of racial difference at the genetic level. The genetic understanding of race calls for technological responses to racial disparities while masking the continuing impact of racism in a supposedly post-racial society. Instead, I …
Recalibrating The Legal Risks Of Cross-Border Health Care, Nathan Cortez
Recalibrating The Legal Risks Of Cross-Border Health Care, Nathan Cortez
Faculty Journal Articles and Book Chapters
The nascent scholarship surrounding "medical tourism" assumes, without much scrutiny, that foreign jurisdictions provide few legal remedies to patients, instead focusing on whether U.S. patients can sue in U.S. courts. This article tests that assumption by examining whether patients might recover adequate compensation not only in the United States, but in four common destinations: India, Thailand, Singapore, and Mexico. I analyze how each jurisdiction handles medical malpractice complaints and discuss the unique obstacles patients might face when navigating each of these systems. I conclude that U.S. patients will struggle to recover remotely adequate compensation in each of these jurisdictions. This …
Health Care Law, Kathleen M. Mccauley, Kristi L. Vanderlaan
Health Care Law, Kathleen M. Mccauley, Kristi L. Vanderlaan
University of Richmond Law Review
No abstract provided.
Health Courts?, Philip G. Peters Jr.
Health Courts?, Philip G. Peters Jr.
Faculty Publications
This article undertakes the first detailed critique of the proposal from Common Good and the Harvard School of Public Health to replace medical malpractice jury trials with adjudication before specialized health courts. Professor Peters concludes that the modest benefits likely to be produced by the current health court proposal are matched by the risks of bias and overreaching that these courts would also present. Missing from the plan is the doctrinal change mostly likely to improve patient safety - hospital enterprise liability. Without enterprise liability, the health court proposal is unlikely to achieve its patient safety goals and, as a …
Hepatitis C In Prisons: Evolving Toward Decency Through Adequate Medical Care And Public Health Reform, Andrew Brunsden
Hepatitis C In Prisons: Evolving Toward Decency Through Adequate Medical Care And Public Health Reform, Andrew Brunsden
Articles & Chapters
Hepatitis C (HCV) in prisons is a public health crisis tied to current drug policy's emphasis on the mass incarceration of drug users. Prison policy acts as a barrier to HCV care by limiting medical care for the infected, especially drug users, and by inhibiting public health measures addressing the epidemic. This Comment argues that courts mistakenly limit prisoners' Eighth Amendment right to basic medical care when they defer to prisons that apply HCV policies as categorical rules of treatment. Where current standards of care mandate individualized patient evaluation for treatment, prison policies that eschew this principle exhibit deliberate indifference …
Raich, Health Care, And The Commerce Clause, Alex Kreit, Aaron Marcus
Raich, Health Care, And The Commerce Clause, Alex Kreit, Aaron Marcus
William Mitchell Law Review
This article considers to what extent health care may be viewed as a traditional area of state concern in the context of the Supreme Court’s revival of federalism principles, in particular limits on Congress’ Commerce Clause power, and what effect Raich v. Ashcroft, heard by the Court in the fall 2004 term, might have on these issues. Addressing these questions will necessarily involve exploration of medical marijuana policy as well as the role of the “traditional state interest” principle within the Commerce Clause. However, the central focus of this article is not what impact Raich may have on the Commerce …
Protecting Human Research Subjects: A Jurisdictional Analysis, Jennifer Llewellyn, Jocelyn Downie, Robert Holmes
Protecting Human Research Subjects: A Jurisdictional Analysis, Jennifer Llewellyn, Jocelyn Downie, Robert Holmes
Articles, Book Chapters, & Popular Press
The most recent speech from the throne contained a pledge from the federal government to "work with provinces to implement a national system for the governance of research involving humans, including national research ethics and standards." This commitment signals a desire on the part of the federal government to address concerns about the inadequacies of the current governance of health research involving humans (RIH). To this end, Health Canada's Ethics Division is currently exploring the ways in which such a national governance system for RIH might be implemented. It is important for the federal government, as it moves toward making …
Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt
Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt
University of Richmond Law Review
No abstract provided.
An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson
An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson
Indiana Journal of Global Legal Studies
No abstract provided.
Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker
Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Antitrust Analysis Of Hospital Mergers And The Transformation Of The Hospital Industry, Jonathan Baker
The Antitrust Analysis Of Hospital Mergers And The Transformation Of The Hospital Industry, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.