The "Uberization" Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact On The Medical Profession, 2015 University of Georgia School of Law
The "Uberization" Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact On The Medical Profession, Fazal Khan
The nascent field of mobile health technology is still very small but is predicted to grow exponentially as major technology companies such as Apple, Google, Samsung, and even Facebook have announced mobile health initiatives alongside influential healthcare provider networks. Given the highly regulated nature of healthcare, significant legal barriers stand in the way of mobile health’s potential ascension. I contend that the most difficult legal challenges facing this industry will be restrictive professional licensing and scope of practice laws. The primary reason is that mobile health threatens to disrupt historical power dynamics within the healthcare profession that have legally ...
Promoting “Academic Entrepreurship” In Europe And The United States: Creating An Intellectual Property Regime To Facilitate The Efficient Transfer Of Knowledge From The Lab To The Patient, 2015 Yale Law School
Promoting “Academic Entrepreurship” In Europe And The United States: Creating An Intellectual Property Regime To Facilitate The Efficient Transfer Of Knowledge From The Lab To The Patient, Constance E. Bagley, Christina Tvarno
Constance E. Bagley
In 2014, the European Commission announced the launch of a study of knowledge transfer by public research organizations and other institutes of higher learning “to determine which additional measures might be needed to ensure an optimal flow of knowledge between the public research organisations and business thereby contributing to the development of the knowledge based economy.” As the European Commission has recognized, the EU needs to take action to “unlock the potential of IPRs [intellectual property rights] that lie dormant in universities, research institutes and companies.” This article builds on our earlier work on structuring efficient pharmaceutical public-private partnerships (PPPPs ...
Protecting The Welfare Of Our Children For A Better Tomorrow, 2015 St. Thomas University
Protecting The Welfare Of Our Children For A Better Tomorrow, Aileen N. Gonzalez
Aileen N Gonzalez
No abstract provided.
Foie Gras Ban In California, 2015 Golden Gate University School of Law
Foie Gras Ban In California, Erica Williams Morris
Golden Gate University Law Review
Section 25982 of the California Health and Safety Code was unsuccessfully challenged by one restaurant that served foie gras to customers for many years prior to the ban imposed by the statute. If the courts do not invalidate the statute, foie gras will be permanently banned in the state. The statute is unconstitutional, and if challenged correctly, the courts should so find. However, although foie gras production is very controversial, there are alternative methods that allow all interested parties have what they want: foie gras and happy birds.
Lethal Injection In Unchartered Territory: The Need To Ensure The Humanity Of Current Death Penalty Practices, 2015 Georgetown University Law Center
Lethal Injection In Unchartered Territory: The Need To Ensure The Humanity Of Current Death Penalty Practices, Rebecca Salk
Please note that this is a student submission.
Lethal injection, when first legalized in the late 1970s, was viewed by many as safe, reliable, and humane. Today, however, lethal injection does not always perform as promised. Due to difficulty sourcing lethal injection drugs, states are utilizing untested lethal injection protocols, with little knowledge or experience to guide them. This paper argues that lethal injection reform requires regulation similar to that for human subject research. I argue that (1) the practice of utilizing untested lethal injection methods falls under the definition of “human subject research” as per the federal statutory definition ...
The Cost Of Confusion: The Paradox Of Trademarked Pharmaceuticals, 2015 Public Citizen
The Cost Of Confusion: The Paradox Of Trademarked Pharmaceuticals, Hannah W. Brennan
Hannah W Brennan
The United States spends nearly $1,000 per person annually on drugs—40 percent more than the next highest spender, Canada, and more than twice the amount France and Germany spend. Although myriad factors contribute to high drug spending in the United States, the crucial role that intellectual property laws play in inhibiting access to cheaper, generic medications is among one of the best documented. Yet, for the most part, the discussion of the relationship between intellectual property law and drug spending has centered on patent protection. Recently, however, a few researchers have turned their attention to a different exclusivity ...
Great Beer, Good Intentions, Bad Law: The Unconstitutionality Of New York’S Farm Brewery License, 2015 Boston College Law School
Great Beer, Good Intentions, Bad Law: The Unconstitutionality Of New York’S Farm Brewery License, Eric Hawkins
Boston College Law Review
In January 2013, New York joined a recent legislative trend and adopted into law a farm brewery license. The law seeks to protect and promote New York’s brewery-related agricultural sectors by creating a new and cheaper “farm brewery” license that grants special privileges to licensees while mandating that they brew with in-state ingredients. This Note argues that, although well-intentioned, this legislative adaption to the craft beer revolution is a protectionist violation of the dormant Commerce Clause. In doing so, this Note provides a background to alcohol regulation in the United States, outlines the tensions these regulations have with the ...
Everything Is Presumed In Texas, 2015 Shook, Hardy & Bacon L.L.P.
Everything Is Presumed In Texas, Benjamin Walther
As this Article will reveal, the Fifth Circuit has traditionally been loath to apply the presumption against preemption in most cases. Texas courts, on the other hand, have consistently employed a particularly strong application of the presumption to all types of preemption cases. This inconsistency between these two jurisdictions creates an incentive for forum shopping. Generally, the courts rely on a defendant’s ability to remove a case to the federal courts to counteract the plaintiff’s exclusive power to decide the forum. This ability, however, is not available to a defendant within the context of preemption cases. As such ...
Fda Approval Of Drugs And Devices: Preemption Of State Laws For “Parallel” Tort Claims, 2015 University of Maryland Francis King Carey School of Law
Fda Approval Of Drugs And Devices: Preemption Of State Laws For “Parallel” Tort Claims, Marcia Boumil
Journal of Health Care Law and Policy
The U.S. Supreme Court’s important ruling in Mutual Pharmaceutical Co., Inc. v. Bartlett concerns whether the Food and Drug Administration’s (“FDA”) approval of a generic drug insulates the drug manufacturer from liability under state tort laws from claims of injury due to an alleged “design defect.” The Court previously ruled that FDA approval does not preempt state law claims based upon failure-to-warn, at least with respect to brand name products. In contrast, the Court previously ruled that the federal regulatory process leading to FDA approval of generic equivalents of brand drugs—and designation of the drug label ...
Independent Drug Testing To Ensure Drug Safety And Efficacy, 2015 University of Maryland Francis King Carey School of Law
Independent Drug Testing To Ensure Drug Safety And Efficacy, Marc A. Rodwin
Journal of Health Care Law and Policy
This Article explores a proposal that would preclude biased drug testing by removing all drug sponsor influence on the design and conduct of clinical trials for new drug applications (“NDAs”), a reform that would address the root of institutional corruption. Recently advocated by leading scholars, the idea has a long history, yet was neglected for over half a century due to pharmaceutical industry opposition.
"En El Do De La Unión Europea: Registro De Denominaciones De Origen Protegidas, Indicaciones Geográficas Protegidas, Etc." [2015/1], Luis González Vaqué, Cristina Vidreras Pérez
Luis González Vaqué
No abstract provided.
Effectively Regulating E-Cigarettes And Their Advertising—And The First Amendment, 2015 Georgetown University Law Center
Effectively Regulating E-Cigarettes And Their Advertising—And The First Amendment, Eric N. Lindblom
Georgetown Law Faculty Publications and Other Works
If tobacco smoking did not exist in the United States, there would be no reason, from a public health perspective, to allow addictive, nicotine-containing e-cigarettes to be marketed and sold. Because e-cigarette use, by itself, is neither beneficial nor benign to users and nonusers, the only public health justification for allowing e-cigarettes in the existing U.S. market would be if doing so would not sustain or increase existing smoking levels but would help smokers quit completely or provide addicted smokers a less harmful way to obtain the nicotine they crave. Yet e-cigarettes are now pervasive in the U.S ...
Indian Pharmaceutical Patent Law And The Effects Of Novartis Ag V. Union Of India, 2015 Washington University in St. Louis
Indian Pharmaceutical Patent Law And The Effects Of Novartis Ag V. Union Of India, William J. Bennett
Washington University Global Studies Law Review
This Note gives a brief overview of Indian patent law as it relates to pharmaceuticals, considers the challenges the law is currently facing, and suggests some possible ways that India may wish to approach those challenges. Part II provides a cursory discussion of India’s pharmaceutical industry and its place in the world today. Part III traces the history of Indian patent law. Part IV focuses on the growing globalization of intellectual property law and India’s involvement in the WTO and adherence to TRIPS. Part V describes TRIPS Section 3(d) and its requirements for patentability, and Part VI ...
The Need For Adequate And Effective Protection Of Intellectual Property: Perspective Of The Private Sector - Patents, Peter C. Richardson
Georgia Journal of International & Comparative Law
No abstract provided.
Legal Issues, Food Labeling, And Policies Related To Food Recovery, 2014 University of Pennsylvania
Legal Issues, Food Labeling, And Policies Related To Food Recovery, Nicole Civita
The Last Food Mile Conference
Food recovery – diverting unused and unsalable food from the waste stream and donating it for higher and better uses – is a straightforward, easily implemented, and elegant way to address the fundamentally irreconcilable problems of food waste and food insecurity. Unfortunately, many food businesses hesitate to engage in food recovery because they erroneously believe it to be fraught with legal, practical, and reputational risks. Fortunately, there are robust, easy to understand, and consistent legal protections designed to facilitate food recovery across the United States.
The federal Bill Emerson Good Samaritan Food Donation Act exempts those who make good faith donations of ...
Light, Smoke, And Fire: How State Law Can Provide Medical Marijuana Users Protection From Workplace Discrimination, 2014 Boston College Law School
Light, Smoke, And Fire: How State Law Can Provide Medical Marijuana Users Protection From Workplace Discrimination, Elizabeth Rodd
Boston College Law Review
Currently, twenty-three states and the District of Columbia have enacted legislation providing an affirmative defense to prosecution under state law for medical marijuana use by qualified patients. Despite growing public and legislative support for the legalization of medical marijuana, marijuana use—both recreational and medicinal—remains illegal under the federal Controlled Substances Act. Given the inconsistency between state and federal law concerning the legality of medicinal marijuana, there is significant uncertainty regarding the rights of employees to enjoy their new medical marijuana privileges. To date, courts have refused to grant protections to employees who have suffered adverse employment action for ...
The Rise Of The End User In Patent Litigation, 2014 Seton Hall University School of Law
The Rise Of The End User In Patent Litigation, Gaia Bernstein
Boston College Law Review
The patent system focuses on the actions of two players: the patentee and its competitor. It assumes that the competitor will represent the interests of the end user. But, end users are increasingly becoming significant players in the patent system, with their interests sometimes diverging from those of competitors. Attention has recently turned to Patent Assertion Entities (“PAEs”)—also known as patent trolls—who are suing vast numbers of customers using patented technologies in their everyday businesses. Yet, end users were also principal players in some of the main recent patent cases before the U.S. Supreme Court. In Bowman ...
Who's Swallowing The "Bitter Pill"?: Reforming Write-Offs In The State Of Washington, 2014 Seattle University School of Law
Who's Swallowing The "Bitter Pill"?: Reforming Write-Offs In The State Of Washington, Lauren M. Martin
Seattle University Law Review
Washington’s application of the collateral source rule permits recovery for medical expenses that were never incurred and have no relationship to their market value. This application is set forth in Hayes v. Wieber Enterprises, Inc., where the plaintiff sued a restaurant for injuries she sustained from falling down the restaurant’s basement stairs. Why should the collateral source rule compel the defendant in Hayes to pay the original amount billed, $5,800, when the physician accepted $3,300 as payment in full? Is not $3,300 the reasonable or market value of the medical services provided to the plaintiff ...
The Opioid-Dependent Criminal: Improving The Criminal Justice System To Account For Their Needs, 2014 Nova Southeastern University
The Opioid-Dependent Criminal: Improving The Criminal Justice System To Account For Their Needs, Courtney E. Priolo
Courtney E Priolo
Over the past twenty-five years national concern over the drug-crime relationship has been increasing. This increase has led to growth of criminal justice penalties as opposed to therapeutic approaches such as medication-assisted treatment, resulting in an expansion of the drug-involved criminal justice population. Individuals who are opioid-dependent are vulnerable at the time of arrest, and at the time of their initial detention due to their chemical dependence and impairment of their neurocognitive functioning. The denial of medication to inmates in order to alleviate withdrawal symptoms is stigmatizing, punishing, and potentially life-threatening. This article argues that medication-assisted treatment for the criminal ...
Mutual Pharmaceutical Co. V. Bartlett: A Need For “Explicit” Congressional Action And State Tort Law Reform, 2014 California Western School of Law
Mutual Pharmaceutical Co. V. Bartlett: A Need For “Explicit” Congressional Action And State Tort Law Reform, Kara A. Ritter
Kara A Ritter
No abstract provided.