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Articles 1 - 27 of 27
Full-Text Articles in Medical Jurisprudence
Embracing The End: A Comparative Analysis Of Medical Aid In Dying In Canada And The United States, Joel Krinsky
Embracing The End: A Comparative Analysis Of Medical Aid In Dying In Canada And The United States, Joel Krinsky
Brooklyn Journal of International Law
Since the late nineteenth century, debate has unfolded over the use of euthanasia and physician-assisted death to alleviate the suffering of individuals with medical illnesses. The controversy surrounding the issue persists and its implications are significant. While most countries prohibit Aid in Dying (AID), legalization of the practice has expanded globally in recent years. Canada and the United States (US) are two such jurisdictions that have expanded access to AID. Canada has federally legalized the practice, which the country refers to as Medical Aid in Dying (MAID), and in 2021, the country expanded the eligibility criteria for individuals seeking access …
Navigating A Multi-Billion Dollar Industry: Protecting Drug-Related Inventions To Further Research And Development, Minal Patel
Navigating A Multi-Billion Dollar Industry: Protecting Drug-Related Inventions To Further Research And Development, Minal Patel
Brooklyn Journal of Corporate, Financial & Commercial Law
Even with advancements in science and technology, pharmaceuticals continue to find themselves tethered to patent protection guidelines that once ensured revenue would continue to flow and provide funding for the next blockbuster drug or antibodies. However, as the Federal Circuit appears to inch towards unpredictability in the realm of patent validity, challenges involving patenting are imminent. In fact, gaps are forming in the ability of pharmaceuticals to further research and develop drugs. This Note proposes a solution that encapsulates a more precise standard supported by economic and policy rationales to determine patent validity. It begins with the general requirements of …
How Public Health Informed Lawmaking Would Address The Rising Synthetic Opioid Death Toll, Jennifer S. Bard
How Public Health Informed Lawmaking Would Address The Rising Synthetic Opioid Death Toll, Jennifer S. Bard
Brooklyn Law Review
The sharply rising deaths associated with use of synthetic opioids in the United States highlight the failure of a legislative strategy focused on reducing the availability of prescription opioids. However, since synthetic opioids prescribed for pain relief have never been a major contributor to either developing opioid dependence or dying from opioid use, it is not surprising that these measures have not only failed to reduce deaths, but have also caused considerable harm to people in need of pain relief. Yet reversing them and taking a public health approach focused on preventing the most serious harms associated with synthetic opioids …
Lessons Covid-19 Taught: How The Global Pandemic Demonstrated That State Healthcare Regulations Can Kill, Devon Allgood
Lessons Covid-19 Taught: How The Global Pandemic Demonstrated That State Healthcare Regulations Can Kill, Devon Allgood
Brooklyn Law Review
Certificate of Need (CON) laws are designed to lower the cost of healthcare and have been a staple of American law for over half a century. In the most basic sense, CON laws require that medical providers receive the government’s permission to build a new healthcare facility, purchase major medical equipment, add or remove services, and in some cases, change their hours of operation. These requirements are designed to lower the price of healthcare by limiting competition and barring providers from investing in services or equipment that are deemed “unnecessary” by the government, thus preventing these providers from passing the …
Paging Doctor Robot: Medical Artificial Intelligence, Tort Liability, And Why Personhood May Be The Answer, Benedict See
Paging Doctor Robot: Medical Artificial Intelligence, Tort Liability, And Why Personhood May Be The Answer, Benedict See
Brooklyn Law Review
Artificial intelligence (AI) is a part of everyday life. From our phones, to social media accounts, to online shopping, AI is present and enhances our daily experiences. One area where AI has a heavy (and an increasing) presence is the medical industry. Just as humans make mistakes, so does AI. However, when a human doctor makes a mistake, they can be sued for malpractice, but when AI makes a mistake, who is to be held responsible? Because tort law was designed with humans in mind, it may be hard to apply to medical AI, who’s “black box” algorithms make their …
Copying Copyright: Adopting A Fair Use Defense In Patent Law In Times Of Public Health Crisis, Kellie C. Van Beck
Copying Copyright: Adopting A Fair Use Defense In Patent Law In Times Of Public Health Crisis, Kellie C. Van Beck
Brooklyn Law Review
Epidemics have devastated humankind for centuries. Given the simultaneous rise of advanced disease prevention and treatment and the great potential for mass public uptake, it is unsurprising that the U.S. pharmaceutical industry has grown to $775 billion in annual sales revenue. It is clear that the commercialization of important public health measures is not without controversy. Of particular debate is that vaccine and other drug manufacturers monopolize their products and control them through patent laws. Yet there is a strong dichotomy between the importance of patents and the need for public access to innovations. This is not to say that …
Federalized Corporate Governance: The Dream Of William O. Douglas As Sarbanes-Oxley Turns 20, Joan Macleod Heminway
Federalized Corporate Governance: The Dream Of William O. Douglas As Sarbanes-Oxley Turns 20, Joan Macleod Heminway
Brooklyn Journal of Corporate, Financial & Commercial Law
The federalization of U.S. corporate governance has been a topic of conversation among policymakers from the very beginning of federal securities law in the New Deal era. Among the early proponents of a federalized system of corporate governance oversight was William O. Douglas—perhaps best known as the longest-serving U.S. Supreme Court justice, but who also was a former commissioner and chair of the U.S. Securities and Exchange Commission. Reflecting on Douglas’s federal corporate governance ideas, Professor Roberta Karmel wrote a law review article for the Delaware Journal of Corporate Law, published in 2005, commenting on the extent and nature of …
Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar
Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar
Brooklyn Law Review
Access to health care requires access to a care center and access to comprehensive health care services. Rampant hospital mergers are uniquely poised to reduce both the number of hospitals, requiring patients to travel further, and the services provided within a newly merged hospital, namely reproductive health services. This phenomenon is clearly seen through the merging of secular and nonsecular hospitals, which often result in patients being forced to travel much further for reproductive health care. In the United States’ current model, health care is not a right, but is treated as a commodity. As such, it is governed by …
Patents, Information, And Innovation, Brenda M. Simon
Patents, Information, And Innovation, Brenda M. Simon
Brooklyn Law Review
Inventors and commercialization partners often rely on patents to facilitate the exchange of sensitive information. Most scholarship in this area has focused on the areas of software and biotechnology. To provide a richer description of the role of patents in the innovative process, this project evaluates the existing literature and sets forth examples drawn from a series of interviews with professionals from the largely-overlooked medical device industry. The limited analysis of the medical device industry has focused on the largest few dozen firms—as publicly-traded entities, a great deal of data about them is readily available. Small medical device companies are …
“To Infinity And Beyond”: A Limitless Approach To Telemedicine Beyond State Borders, Kate Nelson
“To Infinity And Beyond”: A Limitless Approach To Telemedicine Beyond State Borders, Kate Nelson
Brooklyn Law Review
Although the growth and acceptance of technological advances in the medical field have been rapid, the legal system has neglected to adjust its laws accordingly. Perhaps the most significant innovation is telemedicine, which allows a patient and a doctor, miles away from each other, to form a medical relationship across state lines. Yet, the traditional state-by-state physician licensing scheme, which promotes a medical relationship within just one state, remains the governing law. Consequently, many citizens––especially those residing in rural areas––continue to suffer from lack of health care access due to physician shortages within their state borders. Accordingly, this note critically …
How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding
Brooklyn Journal of International Law
This article investigates the nature of the operation and the role of expert opinions in Chinese medical negligence litigation, drawing on content analysis of 3,619 medical negligence cases and an in-depth survey of judges with experience of adjudicating medical negligence cases. It offers three major findings: first, that both parties to medical negligence disputes show significant selection bias of medical opinions, as do courts when selecting court-appointed experts; second, expert opinions in medical negligence litigation demonstrate substantial adversarial bias; third, courts display very strong judicial deference to expert opinions in determining medical negligence liability. This article fills the methodological gap …
Pharmaceutical Drug Pricing: The Internet As A Solution For This Health Issue Turned Financial Issue, Thomas P. Kelly
Pharmaceutical Drug Pricing: The Internet As A Solution For This Health Issue Turned Financial Issue, Thomas P. Kelly
Brooklyn Journal of Corporate, Financial & Commercial Law
Over the course of five decades, American annual expenditure on pharmaceutical drugs has increased by more than $350 billion. This drastic increase has led many patients to struggle to afford their necessary, and potentially life-saving, medications. Today’s high pharmaceutical prices are largely due to the fact that name-brand drug manufacturers have few restrictions on how much they can charge for their products. Additionally, name-brand manufacturers are able to monopolize the manufacture of their drugs because patent laws prevent other manufacturers from using the formula of these drugs for two decades. To combat these high prices, this Note proposes a partnership …
Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq
Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq
Journal of Law and Policy
This Article introduces an underappreciated space in which protected health information (“PHI”) remains largely unprotected, a fact that will become only more problematic as clinical medicine increasingly turns to genomics. The past decade has seen significant advances in the prevention of birth defects, especially with the introduction of clinical preconception, prenatal, and neonatal genomic sequencing. Parental access to the results of embryonic and fetal clinical sequencing is critical to reproductive autonomy; results can provide parents with important considerations in determining whether to seek or avoid conception, as well as in deciding whether to carry a pregnancy to term. The information …
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit
Journal of Law and Policy
In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science, and commerce. These two cases exemplified the debate regarding domestic surrogacy—a debate that has now been raging for decades. A new ethical and legal debate …
Common Law Fundamentals Of The Right To Abortion, Anita Bernstein
Common Law Fundamentals Of The Right To Abortion, Anita Bernstein
Faculty Scholarship
No abstract provided.
Toward A Theory Of Medical Malpractice, Alex Stein
Toward A Theory Of Medical Malpractice, Alex Stein
Faculty Scholarship
No abstract provided.
An Information Prescription For Prescription Drug Regulation, Anita Bernstein, Joseph Bernstein
An Information Prescription For Prescription Drug Regulation, Anita Bernstein, Joseph Bernstein
Faculty Scholarship
No abstract provided.
Torts And Innovation, Alex Stein, Gideon Parchomovsky
Torts And Innovation, Alex Stein, Gideon Parchomovsky
Faculty Scholarship
No abstract provided.
Asbestos Achievements, Anita Bernstein
Drug Designs Are Different, Aaron Twerski, J. A. Henderson
Drug Designs Are Different, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.
The Second Revolution In Informed Consent: Comparing Physicians To Each Other, Neil B. Cohen, Aaron D. Twerski
The Second Revolution In Informed Consent: Comparing Physicians To Each Other, Neil B. Cohen, Aaron D. Twerski
Faculty Scholarship
No abstract provided.
The Second Revolution In Informed Consent: Comparing Physicians To Each Other, Aaron Twerski, N. B. Cohen
The Second Revolution In Informed Consent: Comparing Physicians To Each Other, Aaron Twerski, N. B. Cohen
Faculty Scholarship
No abstract provided.
"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski
"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski
Faculty Scholarship
No abstract provided.
Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics, Aaron Twerski, Neil B. Cohen
Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics, Aaron Twerski, Neil B. Cohen
Faculty Scholarship
No abstract provided.
Informed Decision-Making And The Law Of Torts: The Myth Of Justiciable Causation, Neil B. Cohen, Aaron D. Twerski
Informed Decision-Making And The Law Of Torts: The Myth Of Justiciable Causation, Neil B. Cohen, Aaron D. Twerski
Faculty Scholarship
No abstract provided.
Debate, The Right To Treatment: Encounter And Synthesis, Aaron Twerski
Debate, The Right To Treatment: Encounter And Synthesis, Aaron Twerski
Faculty Scholarship
No abstract provided.
Treating The Untreatable: A Critique Of The Proposed Pennsylvania Right To Treatment Law, Aaron Twerski
Treating The Untreatable: A Critique Of The Proposed Pennsylvania Right To Treatment Law, Aaron Twerski
Faculty Scholarship
No abstract provided.