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Articles 1 - 26 of 26
Full-Text Articles in Science and Technology Law
Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson
Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson
UIC John Marshall Journal of Information Technology & Privacy Law
The healthcare industry possesses information coveted by cyber criminals. Unfortunately, healthcare providers are also among the most vulnerable and unprepared to deal with cyber attacks. The Introduction sets the background of this paper with cyber security statistics of the healthcare sector. Part A of this paper will discuss how new Russian law impacts global data security. Part B takes a broad look at data security safeguards. Part C focuses on U.S. attempts at safeguarding data through NIST and its Presidential Policy Directive. In Part D, the paper explores in greater detail causes that precipitate security breaches and specific security defenses …
The Patenting Of Gene Based Diagnostic Assays In A Post Mayo And Myriad World, 16 J. Marshall Rev. Intell. Prop. L. 1 (2016), Michael Sanzo
The Patenting Of Gene Based Diagnostic Assays In A Post Mayo And Myriad World, 16 J. Marshall Rev. Intell. Prop. L. 1 (2016), Michael Sanzo
UIC Review of Intellectual Property Law
Recent advances in biotechnology have given researchers the ability to comprehensively examine the genetic basis of disease in unprecedented ways and will undoubtedly result in many new and valuable gene based diagnostic assays in the near future. These advances came during a period of roughly thirty years during which the patent eligibility of such assays was essentially unquestioned. Then, beginning in 2010, the Supreme Court embarked on a series of decisions that will, in almost all cases, preclude the patenting of diagnostic assays that rely on genetic mutations or gene expression patterns. This article suggests that reason that the issue …
Uncle Sam Knows What’S In Your Medicine Cabinet: The Security And Privacy Protection Of Health Records Under The Hitech Act, 30 J. Marshall J. Info. Tech. & Privacy L. 667 (2014), Ranjit Janardhanan
Uncle Sam Knows What’S In Your Medicine Cabinet: The Security And Privacy Protection Of Health Records Under The Hitech Act, 30 J. Marshall J. Info. Tech. & Privacy L. 667 (2014), Ranjit Janardhanan
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Pinwheel Of Fortune, 13 J. Marshall Rev. Intell. Prop. L. 761 (2014), James Ming Chen
Pinwheel Of Fortune, 13 J. Marshall Rev. Intell. Prop. L. 761 (2014), James Ming Chen
UIC Review of Intellectual Property Law
This paper examines public health law in the context of prospect theory, the leading behavioral account of risk aversion and risk-seeking. The paper first demonstrates how international environmental law can be mapped along prospect theory’s risk-seeking axis. It then completes this picture of prospect theory by examining National Federation of Independent Business v. Sebelius, which upheld the constitutionality of the Patient Protection and Affordable Care Act (“PPACA”). Although Sebelius upheld the PPACA as an exercise of the federal government’s taxing authority, it reasoned that a directive aimed at uninsured individuals to buy health insurance lay beyond the power of Congress …
A Scientific Approach To Intellectual Property And Health: Innovation, Access, And A Forgotten Corner Of The Universal Declaration Of Human Rights, 13 J. Marshall Rev. Intell. Prop. L. 794 (2014), Adam Houston
UIC Review of Intellectual Property Law
For years, there has been vigorous debate over the relationship between intellectual property and health, especially in the context of pharmaceutical patents. Despite numerous attempts to strike a balance between innovation and access, however, few have looked to Article 27 of the Universal Declaration of Human Rights for guidance. Article 27, and its further elaboration and codification under Article 15 of the International Covenant on Economic, Social, and Cultural Rights, explicitly address this balance by pairing the right of everyone “to share in scientific advancement and its benefits” with a similarly universal right of authors to “material interests resulting” from …
Updating The Patent System's Novelty Requirement To Promote Small-Molecule Medicinal Progress, 45 J. Marshall L. Rev. 1151 (2012), Jason Brewer
UIC Law Review
No abstract provided.
The Impact Of The Biosimilars Provision Of The Health Care Reform Bill On Innovation Investments, 10 J. Marshall Rev. Intell. Prop. L. 553 (2011), Katherine N. Addison
The Impact Of The Biosimilars Provision Of The Health Care Reform Bill On Innovation Investments, 10 J. Marshall Rev. Intell. Prop. L. 553 (2011), Katherine N. Addison
UIC Review of Intellectual Property Law
The Biologics Price Competition and Innovation Act of 2009 provides an abbreviated FDA approval pathway for biosimilars. The passage of this biosimilar legislation is a positive step toward retaining a robust biotechnology industry in the United States while also protecting innovators. The Act’s increased FDA exclusivity is welcome, but FDA exclusivity alone is insufficient to encourage and protect innovation and investment in biosimilars. Instead, the exclusivity provided by a patent term, together with the ability to adjust this term to compensate an applicant for U.S. Patent and Trademark Office and FDA delays, is necessary to ensure development of highly specialized …
Transsexuals And The Family Medical Leave Act, 24 J. Marshall J. Computer & Info. L. 315 (2006), Charles Thomas Little
Transsexuals And The Family Medical Leave Act, 24 J. Marshall J. Computer & Info. L. 315 (2006), Charles Thomas Little
UIC John Marshall Journal of Information Technology & Privacy Law
This article examines the implications for transsexuals seeking sexual reassignment surgery (“SRS”) under the Family Medical Leave Act (“FMLA”). Currently, the scant case law pertaining to the FMLA suggests that the statutes and regulations will likely fail to provide even minimal protection to transsexuals. If applied literally, the FMLA may present barriers to transsexuals seeking SRS in opposition to the true purpose behind the Act, which is to allow employees the opportunity to take reasonable leave from work by mandating more medical leave than the employers might otherwise be willing to grant for things such as the adoption or birth …
Patients Beware: Preemption Of Common Law Claims Under The Medical Device Amendments, 39 J. Marshall L. Rev. 75 (2005), Michael P. Dinatale
Patients Beware: Preemption Of Common Law Claims Under The Medical Device Amendments, 39 J. Marshall L. Rev. 75 (2005), Michael P. Dinatale
UIC Law Review
No abstract provided.
Stemming The Tide Of Stem Cell Research: The Bush Compromise, 38 J. Marshall L. Rev. 1061 (2005), Patrick Walsh
Stemming The Tide Of Stem Cell Research: The Bush Compromise, 38 J. Marshall L. Rev. 1061 (2005), Patrick Walsh
UIC Law Review
No abstract provided.
Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera
Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera
UIC Law Review
No abstract provided.
The Next Wave: Federal Regulatory, Intellectual Property, And Tort Liability Considerations For Medical Device Software, 2 J. Marshall Rev. Intell. Prop. L. 259 (2003), Paul A. Mathew
UIC Review of Intellectual Property Law
Counsel for the medical software technologist faces an unusually complex, ongoing, high-stakes challenge. Counsel operates in a special field of commercial, legal and regulatory forces: (1) intellectual property laws which govern the expression and protection of commercial rights derived from advances in medical science and technology; (2) existing and proposed contracts/warranty laws that govern technological commercial relationships; (3) negligence, professional liability, and product liability laws that govern the marketing of medical technologies; and, (4) a new body of regulation derived from the power of the federal government to indirectly provide for the safety, effectiveness, privacy, and security of medical technologies …
Are You My Parent? Are You My Child? The Role Of Genetics And Race In Defining Relationships After Reproductive Technological Mistakes, 5 Depaul J. Health Care L. 15 (2002), Raizel Liebler
UIC Law Open Access Faculty Scholarship
Imagine that you are a married woman who wants to have a genetically related child with your husband. Your doctor tells you that you are infertile, and therefore you and your husband go to XYZ fertility clinic to receive in vitro treatment. You have your eggs harvested, your husband supplies sperm, and ten embryos are created. Five embryos are implanted in your uterus and five are frozen and kept by the fertility clinic for your later use. You successfully conceive and give birth to twins. You notice that the children you give birth to are of a different race than …
Cybersurgery: Innovation Or A Means To Close Community Hospitals And Displace Physicians?, 20 J. Marshall J. Computer & Info. L. 495 (2002), Thomas R. Mclean
Cybersurgery: Innovation Or A Means To Close Community Hospitals And Displace Physicians?, 20 J. Marshall J. Computer & Info. L. 495 (2002), Thomas R. Mclean
UIC John Marshall Journal of Information Technology & Privacy Law
Cybersurgery is a surgical technique that allows a surgeon, using a telecommunication conduit connected to a robotic instrument, to operate on a remote patient. As a medical doctor, the author discusses the place of cybersurgery in the U.S. health care system of the new millennium. The author first reviews the field of cybersurgery and how the automatic surgeon will make off-line remote surgery possible. Then, he examines the global economy in health care systems and the impact of cybersurgery on closure of community hospitals and displacing physicians. Consequently, he discusses the ability of these entities to protect themselves with trade …
Self-Prescribing Medication: Regulating Prescription Drug Sales On The Internet, 20 J. Marshall J. Computer & Info. L. 57 (2001), Kristin Yoo
UIC John Marshall Journal of Information Technology & Privacy Law
"Online pharmacies, your friendly neighborhood drugstores." The Internet is not only a great telecommunication medium but also a low-cost and convenient commercial marketplace. It is no exception that online pharmacies flourished as a result, but the consequences of such development pose grave danger to the public and great challenges to regulations. The author discusses the benefits and risk of online pharmacies, the different types of online pharmacies, state governments' involvement in regulating online prescriptions and federal involvements. Despite both state and federal legislations and regulations, proliferation of online pharmacies, established inside and outside of the US, proves to be a …
Privacy Rights In Personal Information: Hipaa And The Privacy Gap Between Fundamental Privacy Rights And Medical Information, 19 J. Marshall J. Computer & Info. L. 535 (2001), Kevin B. Davis
UIC John Marshall Journal of Information Technology & Privacy Law
Advancements in computers and technology have affected nearly every aspect of health care. Although many of the effects of modern technology have benefited health care, a vast increase in the amount of people with access to medical information has led to numerous privacy concerns. In response to these new problems, and at the direction of Congress through the Health Insurance Portability & Accountability Act of 1996 (“HIPAA”), Health and Human Services (“HHS”) implemented the Privacy Rule. The Privacy Rule “protects privacy by regulating the ways in which certain medical information may be used by certain entities.” The constitutional right to …
Cybermedicine: How Computing Empowers Doctors And Patients For Better Health Care, 19 J. Marshall J. Computer & Info. L. 589 (2001), William B. Powers
Cybermedicine: How Computing Empowers Doctors And Patients For Better Health Care, 19 J. Marshall J. Computer & Info. L. 589 (2001), William B. Powers
UIC John Marshall Journal of Information Technology & Privacy Law
In Cybermedicine: How Computing Empowers Doctors and Patients for Better Health Care, Dr. Warner V. Slack takes the reader on an interesting journey from the advent of experimental computer usage in the early 1960s, to comprehensive, hospital-wide computing systems in the 1980s, and into the future. As a professor of medicine and psychiatry at Harvard Medical School and co-president of the Center for Clinical Computing and co-director of the Division for Clinical Computing at Beth Israel Deaconess Medical Center, Dr. Slack, who has been involved with computers in medicine for some thirty-five years, demonstrates how the use of computers can …
Dollywood Is Not Just A Theme Park In Tennessee Anymore: Unwarranted Prohibitory Human Cloning Legislation And Policy Guidelines For A Regulatory Approach To Cloning, 31 J. Marshall L. Rev. 1385 (1998), Paul Tully
UIC Law Review
No abstract provided.
Using The Dna Profile As The Unique Patient Identifier In The Community Health Information Network: Legal Implications, 15 J. Marshall J. Computer & Info. L. 227 (1997), Lisa L. Dahm
UIC John Marshall Journal of Information Technology & Privacy Law
One of the greatest obstacles to electronic medical record keeping is the absence of a unique patient identifier. With the sharing of patient's information, an increased risk of error exists. Among these risks are the transmission of the wrong patient's records and security of confidential patient information. Implementation of a uniform patient identifier will eliminate the obstacle to cooperation and information-sharing of health data. This article proposes the application of a unique protocol, which utilizes DNA fingerprints as a patient's personal identifier. Since each individual's DNA profile is distinctly different, the fingerprint would act as the patient's personal bar code, …
Medical Process Patents And Patient Privacy Rights, 14 J. Marshall J. Computer & Info. L. 131 (1995), Jeffrey A. Taylor
Medical Process Patents And Patient Privacy Rights, 14 J. Marshall J. Computer & Info. L. 131 (1995), Jeffrey A. Taylor
UIC John Marshall Journal of Information Technology & Privacy Law
The author analyzes the patentability of medical processes and the effect patentability has on the right to privacy essential in a physician-patient relationship. Part II of the comment provides a the legal background on the issue of the patentability of medical processes. Part III examines the impact of enforcing medical process patents and the effect disclosure of medical records has upon the privacy of the physician-patient relationship when owners of patents try to expose patent infringement. Part IV advocates that Congress should amend the Patent Act to preserve patient privacy rights when infringement is investigated. According to the author, such …
Restatement (Second) Of Torts Section 324a: An Innovative Theory Of Recovery For Patients Injured Through Use Or Misuse Of Health Care Information Services, 14 J. Marshall J. Computer & Info. L. 73 (1995), Lisa L. Dahm
UIC John Marshall Journal of Information Technology & Privacy Law
The author in this comment discusses how developments in information technology and widespread utilization of technology and software in the patient care context raise the issue of clinical liability for health care information systems vendors. The comment discusses a theory of recovery of tort damages for the negligence of health care information systems vendors under section 324A of the Restatement (Second) of Torts. Section 324A provides in essence that "one who undertakes ... for consideration, to render services to another which he should recognize as necessary for the protection of a third person ... is subject to liability to the …
A.D.A.M. -- The Computer Generated Cadaver: A New Development In Medical Malpractice And Personal Injury Litigation, 13 J. Marshall J. Computer & Info. L. 313 (1995), André M. Thapedi
UIC John Marshall Journal of Information Technology & Privacy Law
A.D.A.M. is a CD-ROM based, interactive, anatomical program that permits the user to view and observe the anatomical aspect of the human body used in medical schools throughout the United States. A.D.A.M. and its female counterpart E.V.E., use high-resolution graphics and color animation to show views of the human body from every conceivable angle simulating various traumas to the body. Utilizing a mouse, the A.D.A.M. user can "point and click" to reveal the various parts of the human body. Potentially, attorneys can use A.D.A.M. to demonstrate injuries and surgeries to the trier of fact in a trial proceeding. The trial …
Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman
Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman
UIC Law Review
No abstract provided.
A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli
A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli
UIC Law Review
No abstract provided.
Elimination Of Process: Will The Biotechnology Patent Protection Act Revive Process Patents, 24 J. Marshall L. Rev. 263 (1990), Kerin Kelly
UIC Law Review
No abstract provided.
Computers, The Disclosure Of Medical Information, And The Fair Credit Reporting Act, 3 Computer L.J. 619 (1981), John Morihara
Computers, The Disclosure Of Medical Information, And The Fair Credit Reporting Act, 3 Computer L.J. 619 (1981), John Morihara
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.