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Articles 1 - 28 of 28
Full-Text Articles in Medical Jurisprudence
Patent Eligibility Of Disease Diagnosis, Shahrokh Falati
Patent Eligibility Of Disease Diagnosis, Shahrokh Falati
Articles & Chapters
The U.S. Supreme Court effectively redefined the scope of patent eligible subject matter when it decided Mayo. This decision focused on medical diagnostic technology and has had a profound effect on the biotechnology and personalized medicine industries in the United States. Subsequent back-to-back decisions by the Supreme Court in Myriad and Alice have made it unequivocally clear that there is now wholesale broadening of the judicially created exceptions to statutory laws governing patent eligible subject matter. This has caused havoc in the biopharmaceutical industry by not only making it a near impossibility to obtain a patent in certain fields, but …
The Injustice Of New York’S Notice Of Claim Limitations In Medical Malpractice Actions, Jessica Simon
The Injustice Of New York’S Notice Of Claim Limitations In Medical Malpractice Actions, Jessica Simon
NYLS Law Review
No abstract provided.
Learning Outcomes And Performance In Medical School: Programmatic Assessment At Nyu School Of Medicine, Colleen Gillespie Phd, Sondra Zabar Md, Adina Kalet Md, Mph
Learning Outcomes And Performance In Medical School: Programmatic Assessment At Nyu School Of Medicine, Colleen Gillespie Phd, Sondra Zabar Md, Adina Kalet Md, Mph
NYLS Law Review
No abstract provided.
'Your Old Road Is/Rapidly Agin': International Human Rights Standards And Their Impact On Forensic Psychologists, The Practice Of Forensic Psychology, And The Conditions Of Institutionalization Of Persons With Mental Disabilities, Michael L. Perlin
Articles & Chapters
An earlier version of this paper was presented as the Lynn Stuart Weiss lecture at the American Psychological Association yearly conference, sponsored by the American Psychology-Law Society and the American Psychology Foundation, August 2016, Denver, Colorado.
For years, considerations of the relationship between international human rights standards and the work of forensic psychologists have focused on the role of organized psychology in prisoner abuse at Guantanamo Bay and Abu Ghirab. That issue has been widely discussed and debated, and these discussions show no sign of abating. But there has been virtually no attention given to another issue of international human …
Cancer's Ip, Jacob S. Sherkow
Cancer's Ip, Jacob S. Sherkow
Articles & Chapters
The state of publicly funded science is in peril. Instead, new biomedical research efforts — in particular, the recent funding of a “Cancer Moonshot” — have focused on employing public-private partnerships, joint ventures between private industry and public agencies, as being more politically palatable. Yet, public-private partnerships like the Cancer Moonshot center on the production of public goods: scientific information. Using private incentives in this context presents numerous puzzles for both intellectual property law and information policy. This Article examines whether—and to what extent — intellectual property and information policy can be appropriately tailored to the goals of public-private partnerships. …
Patent Law's Reproducibility Paradox, Jacob S. Sherkow
Patent Law's Reproducibility Paradox, Jacob S. Sherkow
Articles & Chapters
Clinical research faces a reproducibility crisis. Many recent clinical and preclinical studies appear to be irreproducible; their results cannot be verified by outside researchers. This is problematic for not only scientific reasons but legal ones: patents grounded in irreproducible research appear to fail their constitutional bargain of property rights in exchange for working disclosures of inventions. The culprit is likely patent law’s doctrine of enablement. Although the doctrine requires patents to enable others to make and use their claimed inventions, current difficulties in applying the doctrine mitigate or even actively dissuade reproducible data in patents. This Article assesses the difficulties …
Key Challenges In Bringing Crispr-Mediated Somatic Cell Therapy Into The Clinic, Jacob S. Sherkow
Key Challenges In Bringing Crispr-Mediated Somatic Cell Therapy Into The Clinic, Jacob S. Sherkow
Other Publications
Genome editing using clustered regularly interspersed short palindromic repeats (CRISPR) and CRISPR-associated proteins offers the potential to facilitate safe and effective treatment of genetic diseases refractory to other types of intervention. Here, we identify some of the major challenges for clinicians, regulators, and human research ethics committees in the clinical translation of CRISPR-mediated somatic cell therapy.
In The Wasteland Of Your Mind: Criminology, Scientific Discovieries And The Criminal Process, Michael L. Perlin, Alison Lynch
In The Wasteland Of Your Mind: Criminology, Scientific Discovieries And The Criminal Process, Michael L. Perlin, Alison Lynch
Articles & Chapters
This paper addresses a remarkably-underconsidered topic: the potential impact of scientific discoveries and an increased understanding of the biology of human behavior on sentencing decisions in the criminal justice system, specifically, the way that sentencing has the capacity to rely on scientific evidence (such as brain imaging) as a mitigating factor (or perhaps, in the mind of some, as an aggravating factor) in determining punishment.
Such a new method of evaluating criminality, we argue, can be beneficial not only for the defendant, but also for the attorneys and judge involved in the case. If used properly, it may help to …
Describing Drugs: A Response To Professors Allison And Ouellette, Jacob S. Sherkow
Describing Drugs: A Response To Professors Allison And Ouellette, Jacob S. Sherkow
Articles & Chapters
Profs. Allison and Ouellette’s Article, How Courts Adjudicate Patent Definiteness and Disclosure, 65 Duke L.J.609 (2015), on courts’ adjudication of certain patent disputes presents some surprising data: pharmaceutical patents litigated to judgment fare substantially worse on written-description analyses if they are not part of traditional pioneer-generic litigation. This Response engages in several hypotheses for this disparity and examines the cases that make up Allison and Ouellette’s dataset. An analysis of these cases finds that the disparity can be best explained by technological and judicial idiosyncrasies in each case, rather than larger differences among pharmaceutical patent cases. This finding contextualizes …
Infinity Goes On Trial: Sanism, Pretextuality, And The Representation Of Defendants With Mental Disabilities, Michael L. Perlin
Infinity Goes On Trial: Sanism, Pretextuality, And The Representation Of Defendants With Mental Disabilities, Michael L. Perlin
Articles & Chapters
This paper, presented to the mid-winter meeting of the National Association of Criminal Defense Lawyers (Austin, TX, 2/18/16), explains why it is essential for lawyers representing criminal defendants with mental disabilities to understand the meanings and contexts of sanism - a largely invisible and largely socially acceptable irrational prejudice of the same quality and character of other irrational prejudices that cause (and are reflected in) prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry - and pretextuality - the means by which courts regularly accept (either implicitly or explicitly) testimonial dishonesty, countenance liberty deprivations in disingenuous ways that bear …
Stem Cell Patents After The America Invents Act, Jacob S. Sherkow, Christopher Scott
Stem Cell Patents After The America Invents Act, Jacob S. Sherkow, Christopher Scott
Articles & Chapters
Under the newly passed Leahy-Smith America Invents Act (AIA), the U.S. Patent and Trademark Office may hear new challenges to stem cell patents. Here, we explore how the new law affects challenges to stem cell patents, focusing on two recent cases, and discuss the future of stem cell patent disputes.
Federal Trade Commission V. Actavis, Inc. And Reverse-Payment Or Pay-For-Delay Settlements, Jacob S. Sherkow
Federal Trade Commission V. Actavis, Inc. And Reverse-Payment Or Pay-For-Delay Settlements, Jacob S. Sherkow
Articles & Chapters
An imminent US Supreme Court ruling should resolve one of the thorniest legal issues facing pharmaceutical companies today.
They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin
They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin
Articles & Chapters
Individuals classified as sexual predators are the pariahs of the community. Sex offenders are arguably the most despised members of our society and therefore warrant our harshest condemnation. Twenty individual states and the federal government have enacted laws confining individuals who have been adjudicated as “sexually violent predators” to civil commitment facilities post incarceration and/or conviction. Additionally, in many jurisdictions, offenders who are returned to the community are restricted and monitored under community notification, registration and residency limitations. Targeting, punishing and ostracizing these individuals has become an obsession in society, clearly evidenced in the constant push to enact even more …
Beinor V. Industrial Claims Appeals Office, Emma S. Blumer
Beinor V. Industrial Claims Appeals Office, Emma S. Blumer
NYLS Law Review
No abstract provided.
Preventing Sex-Offender Recidivism Through Therapeutic Jurisprudence Approaches And Specialized Community Integration, Heather Cucolo, Michael L. Perlin
Preventing Sex-Offender Recidivism Through Therapeutic Jurisprudence Approaches And Specialized Community Integration, Heather Cucolo, Michael L. Perlin
Articles & Chapters
The public’s panic about the fear of recidivism if adjudicated sex offenders are ever to be released to the community has not subsided, despite the growing amount of information and statistically-reliable data signifying a generally low risk of re-offense. The established case law upholding sex offender civil commitment and containment statutes has rejected challenges of unconstitutionality, and continues to be dominated by punitive undertones. We have come to learn that the tools used to assess offenders for risk and civil commitment are often inaccurate and that meaningful treatment for this population is often unavailable and ineffective. Yet, society continues to …
The Meningitis Outbreak: Don't Expect Miracles From The Fda, Joanne Doroshow
The Meningitis Outbreak: Don't Expect Miracles From The Fda, Joanne Doroshow
Other Publications
The good news for states is drug industry immunity only kicks in if the drugs in question are FDA-approved. And thanks to the first-rate influence-peddling and lobbying prowess of compounding pharmacists, the tainted steroid shots at issue today are free and clear of FDA regulation.
Considering Pathological Altruism In The Law From Therapeutic Jurisprudence And Neuroscience Perspectives, Michael L. Perlin
Considering Pathological Altruism In The Law From Therapeutic Jurisprudence And Neuroscience Perspectives, Michael L. Perlin
Articles & Chapters
No abstract provided.
A Medical Liability Reform That Will Actually Work, Joanne Doroshow
A Medical Liability Reform That Will Actually Work, Joanne Doroshow
Other Publications
This post originally appeared on https://www.huffpost.com/entry/a-real-medical-liability-_b_821066
Boehner’S Big Gift To The Drug Industry, Joanne Doroshow
Boehner’S Big Gift To The Drug Industry, Joanne Doroshow
Other Publications
No abstract provided.
Equality, I Spoke That Word/ As If A Wedding Vow: Mental Disability Law And How We Treat Marginalized Persons, Michael L. Perlin
Equality, I Spoke That Word/ As If A Wedding Vow: Mental Disability Law And How We Treat Marginalized Persons, Michael L. Perlin
Articles & Chapters
No abstract provided.
His Brain Has Been Mismanaged With Great Skill: How Will Jurors Respond To Neuroimaging Testimony In Insanity Defense Cases, Michael L. Perlin
His Brain Has Been Mismanaged With Great Skill: How Will Jurors Respond To Neuroimaging Testimony In Insanity Defense Cases, Michael L. Perlin
Articles & Chapters
The robust debate over neuroimaging has highlighted a series of law-and-policy questions dealing primarily with reliability, admissibility and availability. When we consider the topic that I will be addressing in this paper - the impact of this evidence on juror decision-making in insanity defense cases - we need to recalibrate our focus so as to incorporate other questions that are as essential (most likely, more essential) to the resolution of the underlying dilemma: (1) to what extent will such evidence - apparently, less inherently easy to falsify - have on jurors whose inherent suspicion of mental state opinion testimony is …
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 …
Jails And Prisons – Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan
Jails And Prisons – Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan
Articles & Chapters
No abstract provided.
Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin
Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin
Articles & Chapters
No abstract provided.
Panel On Aids In The Workplace, Insurance And Education —Introduction And Discussion Of Education Issues, Roger J. Miner '56
Panel On Aids In The Workplace, Insurance And Education —Introduction And Discussion Of Education Issues, Roger J. Miner '56
Court Conferences and Events
No abstract provided.
Remarks, Introduction Of Professor E. Donald Shapiro, Bar-Ilan University Reception, Roger J. Miner '56
Remarks, Introduction Of Professor E. Donald Shapiro, Bar-Ilan University Reception, Roger J. Miner '56
Tributes & Testimonials
No abstract provided.
The Supreme Court, The Mentally Disabled Criminal Defendant, And Symbolic Values: Random Decisions, Hidden Rationales, Or Doctrinal Abyss, Michael L. Perlin
The Supreme Court, The Mentally Disabled Criminal Defendant, And Symbolic Values: Random Decisions, Hidden Rationales, Or Doctrinal Abyss, Michael L. Perlin
Articles & Chapters
No abstract provided.
Treatment Refusals For The Critically And Terminally Ill: Proposed Rules For The Family, The Physician, And The State, Stephen A. Newman
Treatment Refusals For The Critically And Terminally Ill: Proposed Rules For The Family, The Physician, And The State, Stephen A. Newman
Articles & Chapters
No abstract provided.