Standing (In) For The Government,
2015
University of Miami School of Law
A Private Right Of Action For Informed Consent In Research,
2015
IIT CHICAGO-KENT COLLEGE OF LAW; UNIVERSITY OF CHICAGO
A Private Right Of Action For Informed Consent In Research, Valerie Gutmann Koch
Valerie Gutmann Koch
No abstract provided.
The Affordable Care Act: A “Preventative-Focused” Healthcare Regime To Improve Reproductive Cancer Outcomes Among Women Of Lower Socio-Economic Status,
2015
University of Illinois at Springfield
The Affordable Care Act: A “Preventative-Focused” Healthcare Regime To Improve Reproductive Cancer Outcomes Among Women Of Lower Socio-Economic Status, Rachele M. Hendricks
Rachele M Hendricks-Sturrup
No abstract provided.
Obstacles To Ph1n1 Vaccine Availability: The Complex Contracting Relationship Between Vaccine Manufacturers, Who, Donor And Beneficiary Governments,
2015
University of Tulsa College of Law
Obstacles To Ph1n1 Vaccine Availability: The Complex Contracting Relationship Between Vaccine Manufacturers, Who, Donor And Beneficiary Governments, Sam Halabi
Sam Halabi
Vaccines are the most important line of defense to protect public health and the spread of disease during influenza pandemics. Yet the 2009 experience with pandemic H1N1 influenza showed that manufacturers, wealthy and poor governments were completely unprepared for the demands that global demand for vaccine production and distribution might impose. This chapter analyzes the failures of the system in 2009-10 with the aim of facilitating greater preparedness for future influenza pandemics.
Selling Hospice,
2015
University of Tulsa College of Law
Selling Hospice, Sam Halabi
Sam Halabi
Americans are increasingly turning to hospice services to provide them with medical care, pain management, and emotional support at the end of life. The increase in the rates of hospice utilization is explained by a number of factors including a “hospice movement” dating to the 1970s which emphasized hospice as a tool to promote dignity for the terminally ill; coverage of hospice services by Medicare beginning in 1983; and, the market for hospice services provision, sustained almost entirely by governmental reimbursement. On the one hand, the growing acceptance of hospice may be seen as a sign of trends giving substance …
Addressing Prescription Opioid Abuse Concerns In Context: Synchronizing Policy Solutions To Multiple Public Health Problems,
2015
Saint Louis University
Addressing Prescription Opioid Abuse Concerns In Context: Synchronizing Policy Solutions To Multiple Public Health Problems, Kelly Dineen
Kelly Dineen
No abstract provided.
Forfeiting Federalism: The Faustian Pact With Big Tobacco,
2015
University of Washington - Seattle Campus
Forfeiting Federalism: The Faustian Pact With Big Tobacco, Ryan Dreveskracht
Ryan Dreveskracht
This article discusses the effects of the largest legal settlement in United States history: the so-called Master Settlement Agreement, or “MSA.” Part I discusses the settlement generally, and its intended effect on the U.S. tobacco market. Parts II through IV discuss the unintended consequences of the settlement. Specifically, Part II considers how states got into their current disarray, and how a perceived state windfall of billions of dollars ended up putting states on what by all accounts now appears to be very real risk of insolvency. Part III examines how the major tobacco companies are using the states’ dire financial …
The “Voluntary” Inpatient Treatment Of Adults Under Guardianship,
2015
University of Maryland Francis King Carey School of Law
The “Voluntary” Inpatient Treatment Of Adults Under Guardianship, Richard C. Boldt
Faculty Scholarship
A number of states have adopted a preference for voluntary hospitalization over involuntary civil commitment for adults with severe mental illness who require inpatient treatment. Frequently, however, the very disabilities that call for inpatient treatment also disrupt an individual patient’s capacity to participate fully in the decision-making process by which hospital admission is elected. When impaired patients have a court-appointed guardian, difficult questions can arise as to the power of the guardian to consent to the ward’s admission for inpatient psychiatric treatment. In some states, the guardian may not consent to the ward’s admission. In others, the guardian’s authority to …
Just Compensation: A No-Fault Proposal For Research-Related Injuries,
2015
University of Maryland School of Law
Just Compensation: A No-Fault Proposal For Research-Related Injuries, Leslie Meltzer Henry, Megan E. Larkin, Elizabeth R. Pike
Faculty Scholarship
Biomedical research, no matter how well designed and ethically conducted, carries uncertainties and exposes participants to risk of injury. Research injuries can range from the relatively minor to those that result in hospitalization, permanent disability, or even death. Participants might also suffer a range of economic harms related to their injuries. Unlike the vast majority of developed countries, which have implemented no-fault compensation systems, the United States continues to rely on the tort system to compensate injured research participants—an approach that is no longer morally defensible. Despite decades of US advisory panels advocating for no-fault compensation, little progress has been …
Respect And Dignity: A Conceptual Model For Patients In The Intensive Care Unit,
2015
University of Maryland School of Law
Respect And Dignity: A Conceptual Model For Patients In The Intensive Care Unit, Leslie Meltzer Henry, Cynda Rushton, Mary Catherine Beach, Ruth Faden
Faculty Scholarship
Although the concept of dignity is commonly invoked in clinical care, there is not widespread agreement—in either the academic literature or in everyday clinical conversations—about what dignity means. Without a framework for understanding dignity, it is difficult to determine what threatens patients’ dignity and, conversely, how to honor commitments to protect and promote it. This article aims to change that by offering the first conceptual model of dignity for patients in the intensive care unit. The conceptual model we present is based on the notion that there are three sources of patients’ dignity—their shared humanity, personal narratives, and autonomy—each of …
Guidelines For Avoiding Pitfalls When Drafting Juvenile Curfew Laws: A Legal Analysis,
2015
University of Maryland - Baltimore
Guidelines For Avoiding Pitfalls When Drafting Juvenile Curfew Laws: A Legal Analysis, Elyse R. Grossman, Kathleen S. Hoke
Faculty Scholarship
Curfew laws seek to provide general protection to youth and adults by restricting the times that children of certain ages are allowed to occupy public places or streets. These laws often contain exemptions for youth accompanied by an adult, responding to an emergency, or traveling to or from school, work, or a religious service, among others. However, the actual language used and exemptions included vary by locality. As a result, courts have reached different results—several courts upheld curfew laws as constitutional, while others overturned these laws. Although not the original reason behind juvenile curfew enactment, several studies have found that …
Reforming The Law Of Reputation,
2015
University of Maryland Francis King Carey School of Law
Reforming The Law Of Reputation, Frank A. Pasquale
Faculty Scholarship
Unfair and deceptive practices of controllers and processors of data have adversely affected many citizens. New threats to individuals’ reputations have seriously undermined the efficacy of extant regulation concerning health privacy, credit reporting, and expungement. The common thread is automated, algorithmic arrangements of information, which could render data properly removed or obscured in one records system, nevertheless highly visible or dominant in other, more important ones.
As policymakers reform the law of reputation, they should closely consult European approaches to what is now called the “right to be forgotten.” Health privacy law, credit reporting, and criminal conviction expungement need to …
Panel 1: Legal And Neuroscientific Perspectives On Chronic Pain,
2015
University of Maryland Francis King Carey School of Law
Panel 1: Legal And Neuroscientific Perspectives On Chronic Pain, David Seminowicz, Amanda Pustilnik, Stephen Rigg, Andre Davis, Karen D. Davis, Hank Greely
Journal of Health Care Law and Policy
No abstract provided.
Medical Repatriation: The Dangerous Intersection Of Health Care Law And Immigration,
2015
University of Maryland Francis King Carey School of Law
Medical Repatriation: The Dangerous Intersection Of Health Care Law And Immigration, Katelynn Donelson
Journal of Health Care Law and Policy
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Winter 2015,
2015
University of Maryland Francis King Carey School of Law
Mid-Atlantic Ethics Committee Newsletter, Winter 2015
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Scalpel Please: Cutting To The Heart Of Medical Records Disputes In Employment Law Cases,
2015
Mitchell Hamline School of Law
Scalpel Please: Cutting To The Heart Of Medical Records Disputes In Employment Law Cases, Megan I. Brennan
William Mitchell Law Review
No abstract provided.
The Impact Of The Affordable Care Act On Workers' Compensation: Opportunities And Considerations,
2015
Mitchell Hamline School of Law
The Impact Of The Affordable Care Act On Workers' Compensation: Opportunities And Considerations, David A. North
William Mitchell Law Review
No abstract provided.
Expectant Fathers, Abortion, And Embryos,
2015
Penn State Law
Expectant Fathers, Abortion, And Embryos, Dara Purvis
Journal Articles
One thread of abortion criticism, arguing that gender equality requires that men be allowed to terminate legal parental status and obligations, has reinforced the stereotype of men as uninterested in fatherhood. As courts facing disputes over stored pre-embryos weigh the equities of allowing implantation of the pre-embryos, this same gender stereotype has been increasingly incorporated into a legal balancing test, leading to troubling implications for ART and family law.
Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care,
2015
University of Colorado Law School
Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care, Dayna Bowen Matthew
Publications
No abstract provided.
Privacy Protection For Mobile Health (Mhealth) In Nigeria: A Consideration Of The Eu Regime For Data Protection As A Conceptual Model For Reforming Nigeria's Privacy Legislation,
2015
Schulich School of Law, Dalhousie University
Privacy Protection For Mobile Health (Mhealth) In Nigeria: A Consideration Of The Eu Regime For Data Protection As A Conceptual Model For Reforming Nigeria's Privacy Legislation, Olufunke Olawumi Salami
LLM Theses
The use of mobile technologies to provide and deliver healthcare is known as Mobile Health. Nigeria is one of the countries witnessing a profound use of these technologies. While discussions have focused on the potentials of this technologies to address the challenges in the health system, nothing is said about the risks from unauthorized disclosure or misuse of health information provided by users. This becomes worse when Nigeria's laws do not offer adequate protection. As Mobile Health is a novelty to Nigeria, this thesis looks to relevant international standards on privacy protection. It does this by examining the European regime …
