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Articles 1 - 30 of 42
Full-Text Articles in Medical Jurisprudence
Non-Consensual Disclosures, Nina Varsava
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
Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin
Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin
BYU Law Review
No abstract provided.
The Medicare Problem: A Solution To Insolvency, Oscar Castro
The Medicare Problem: A Solution To Insolvency, Oscar Castro
Brigham Young University Journal of Public Law
No abstract provided.
Situational Irony? How Implementing A Medicaid Block Grant Will Exacerbate Everything It Purports To Fix, Brent Miller
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
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 …
Rebranding Death, Angela Wentz Faulconer
Rebranding Death, Angela Wentz Faulconer
Brigham Young University Journal of Public Law
No abstract provided.
The Constitutionality Of Laws Banning Physician Assisted Suicide, Richard S. Myers
The Constitutionality Of Laws Banning Physician Assisted Suicide, Richard S. Myers
Brigham Young University Journal of Public Law
No abstract provided.
Legalization Of Assisted Suicide And Euthanasia: Foundational Issues And Implications, Sean Murphy
Legalization Of Assisted Suicide And Euthanasia: Foundational Issues And Implications, Sean Murphy
Brigham Young University Journal of Public Law
No abstract provided.
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
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 …
Twenty-Week Abortion Bans: Ineffective, Unconstitutional And Unwise, Paul Benjamin Linton
Twenty-Week Abortion Bans: Ineffective, Unconstitutional And Unwise, Paul Benjamin Linton
Brigham Young University Journal of Public Law
No abstract provided.
Rac: A Program In Distress, Mary Squire
Gifts Of The Heart… And Other Tissues: Legalizing The Sale Of Human Organs And Tissues, J. Randall Boyer
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.
Up In Smoke: Federal Preemption And Medicinal Marijuana Id Cards In County Of San Diego V. San Diego Norml, Douglas Farr
Up In Smoke: Federal Preemption And Medicinal Marijuana Id Cards In County Of San Diego V. San Diego Norml, Douglas Farr
Brigham Young University Journal of Public Law
No abstract provided.
Recognizing The Larger Sacrifice: Easing The Burdens Borne By Living Organ Donors Through Federal Tax Deductions, M. Lane Molen
Recognizing The Larger Sacrifice: Easing The Burdens Borne By Living Organ Donors Through Federal Tax Deductions, M. Lane Molen
Brigham Young University Journal of Public Law
No abstract provided.
Justice Ginsburg's Fiduciary Loophole: A Viable Achilles' Heel To Hmos' Impenetrable Erisa Shield, Charlotte Johnson
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
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.
On Causation And Comparison: Medical Malpractice And Other Professional Negligence After Steiner Corp. V. Johnson & Higgins, Ryan M. Springer
On Causation And Comparison: Medical Malpractice And Other Professional Negligence After Steiner Corp. V. Johnson & Higgins, Ryan M. Springer
Brigham Young University Journal of Public Law
No abstract provided.
Golden Eggs: Towards The Rational Regulation Of Oocyte Donation, Kenneth Baum
Golden Eggs: Towards The Rational Regulation Of Oocyte Donation, Kenneth Baum
BYU Law Review
No abstract provided.
Establishing The Standard For A Physician's Patient Diagnosis Using Scientific Evidence: Dealing With The Split Of Authority Amongst The Circuit Courts Of Appeal, Jack E. Karns
Brigham Young University Journal of Public Law
No abstract provided.
The Utah Medical No-Fault Proposal: A Problem-Fraught Rejection Of The Current Tort System, Matthew K. Richards
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
The Advocate's Conflicting Obligations Vis-A.-Vis Adverse Medical Evidence In Social Security Proceedings, Robert E. Rains
BYU Law Review
No abstract provided.
Fetal Tissue Transplants As Treatment For Parkinsonian Patients: A Miracle Cure Or Science Fiction Nightmare?, Billye D. Baird
Fetal Tissue Transplants As Treatment For Parkinsonian Patients: A Miracle Cure Or Science Fiction Nightmare?, Billye D. Baird
Brigham Young University Journal of Public Law
No abstract provided.
Power V. Arlington Hospital: A Federal Court End Run Around State Malpractice Limitations, Scott E. Hamm
Power V. Arlington Hospital: A Federal Court End Run Around State Malpractice Limitations, Scott E. Hamm
Brigham Young University Journal of Public Law
No abstract provided.
Legitimate Exercise Of Parens Patriae Doctrine: State Power To Determine An Incompetent Individual's "Right To Die" After Cruzan Ex Rel. Cruzan V. Director, Missouri Dept. Of Health, Carl Hernandez Iii
Brigham Young University Journal of Public Law
No abstract provided.
Utah Government Immunity Act And Government Hospitals: Condemarin V. University Hospital, Michael A. Royal
Utah Government Immunity Act And Government Hospitals: Condemarin V. University Hospital, Michael A. Royal
Brigham Young University Journal of Public Law
No abstract provided.
Legislative Update On The State Adoption Of The 1987 Revision To The Uniform Anatomical Gift Act Of 1968, Daphne D. Sipes
Legislative Update On The State Adoption Of The 1987 Revision To The Uniform Anatomical Gift Act Of 1968, Daphne D. Sipes
Brigham Young University Journal of Public Law
No abstract provided.