Medical Jurisprudence Commons^™

Non-Consensual Disclosures, Nina Varsava

BYU Law Review

In the course of biomedical research on humans — for example, flu, imaging, and genomic studies — researchers often uncover information about participants that is important to their health and wellbeing. In many cases, the information is not anticipated in advance, and participants did not consent to receiving it. This Article examines the law and policy governing human subjects research, focusing on the set of regulations known as the "Common Rule." I argue that human subjects researchers will often have strong ethical reason s to disclose results even when participants did not consent to the disclosure in advance. I also …

Utilitarian Triage In Disasters, Alyssa Nielsen

BYU Law Review

No abstract provided.

Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin

BYU Law Review

No abstract provided.

Situational Irony? How Implementing A Medicaid Block Grant Will Exacerbate Everything It Purports To Fix, Brent Miller

BYU Law Review

No abstract provided.

Trading Safety For Innovation And Access: An Empirical Evaluation Of The Fda’S Premarket Approval Process, George Horvath

BYU Law Review

Congress created the premarket approval process (PMA) to provide a rigorous safety evaluation of high-risk medical devices before they may be sold on the U.S. market. Evaluating a PMA application requires the Food and Drug Administration (FDA) to conduct a lengthy, complex, and costly assessment of the extensive data a manufacturer must submit. But other policy concerns, notably a fear of hampering innovation and a desire to assure timely access to new technologies, have led Congress to relax some of the rigorous data requirements the PMA process imposes on manufacturers. Congress mandates that the FDA employ the “least burdensome” approach …

When The State Requires Doctors To Act Against Their Conscience: The Religious Freedom Implications Of The Referral And The Direction Obligations Of Health Practitioners In Victoria And New South Wales, Michael Quinlan

BYU Law Review

No abstract provided.

Regulating Identity: Medical Regulation As Social Control, Matt Lamkin

BYU Law Review

New biomedical technologies offer growing opportunities not only to prevent and treat illnesses, but also to change how healthy people think, feel, behave, and appear to others. Controversies over these nontherapeutic practices are a pervasive feature of contemporary American culture, from students on “study drugs” and cops on steroids to skin-lightening by black celebrities and the over-prescription of antidepressants. Yet the diversity of these controversies often masks their common root—namely, disputes about the propriety of using medical technologies as tools for shaping one’s identity.

Some observers believe these so-called “enhancement” practices threaten important values, offering unfair advantages to users and …

Rac: A Program In Distress, Mary Squire

BYU Law Review

No abstract provided.

Gifts Of The Heart… And Other Tissues: Legalizing The Sale Of Human Organs And Tissues, J. Randall Boyer

BYU Law Review

No abstract provided.

Unexplained Fractures In Infants And Child Abuse: The Case For Requiring Bone-Density Testing Before Convicting Caretakers, Matt Seeley

BYU Law Review

No abstract provided.

Arguments Not Raised: How The Plaintiffs’ Missed Opportunity Led To The Tenth Circuit’S Decision In June V. Union Carbide Corp., Nathan White

BYU Law Review

No abstract provided.

Justice Ginsburg's Fiduciary Loophole: A Viable Achilles' Heel To Hmos' Impenetrable Erisa Shield, Charlotte Johnson

BYU Law Review

No abstract provided.

An Open Question In Utah's Open Courts Jurisprudence: The Utah Wrongful Life Act And Wood V. University Of Utah Medical Center, Glenn E. Roper

BYU Law Review

No abstract provided.

Golden Eggs: Towards The Rational Regulation Of Oocyte Donation, Kenneth Baum

BYU Law Review

No abstract provided.

The Utah Medical No-Fault Proposal: A Problem-Fraught Rejection Of The Current Tort System, Matthew K. Richards

BYU Law Review

No abstract provided.

The Advocate's Conflicting Obligations Vis-A.-Vis Adverse Medical Evidence In Social Security Proceedings, Robert E. Rains

BYU Law Review

No abstract provided.

Radiation Injury And The Law, David S. Gooden

BYU Law Review

No abstract provided.

Convicting Or Confining? Alternative Directions In Insanity Law Reform: Guilty But Mentally Ill Versus New Rules For Release Of Insanity Acquittees, Donald H. Hermann

BYU Law Review

No abstract provided.

Doctors' Maximum Fee Plan Is Unlawful Per Se Under Section 1 Of The Sherman Act: Arizona V. Maricopa County Medical Society, Craig L. Taylor

BYU Law Review

No abstract provided.

For Everything There Is A Season: The Right To Die In The United States, Richard Sherlock

BYU Law Review

No abstract provided.

Accommodation Of Conscientious Objection To Abortion: A Case Study Of The Nursing Profession, W. Cole Durham Jr., Mary Anne Q. Wood, Spencer J. Condie

BYU Law Review

No abstract provided.

Live Or Let Die; Who Decides An Incompetent's Fate? In Re Storar And In Re Eichner, Kevin W. Bates

BYU Law Review

No abstract provided.

California Supreme Court Expands The Informed Consent Doctrine; Physicians Have A Duty To Obtain An Informed Refusal: Truman V. Thomas , Carol A. Cluff

BYU Law Review

No abstract provided.

Wrongful Life-Impaired Infant's Cause Of Action Recognized: Curlender V. Bio-Science Laboratories, Merrill F. Nelson

BYU Law Review

No abstract provided.

Counseling, Consulting, And Consent: Abortion And The Doctor-Patient Relationship, Mary Anne Wood, W. Cole Durham Jr.

BYU Law Review

No abstract provided.

Sterilization, Retardation, And Parental Authority

BYU Law Review

No abstract provided.

Torts--Medical Malpractice--Sources Of A Physician's Standard Of Care: The Medical Profession Or The Courts--Helling V. Carey

BYU Law Review

No abstract provided.