Eugenic Laws Restricting Immigration, 2014 Georgia State University College of Law
Eugenic Laws Restricting Immigration, Paul A. Lombardo
Paul A. Lombardo
No abstract provided.
Institutional Review Boards And Public Health Research: An Analysis, 2014 Georgia State University College of Law
Institutional Review Boards And Public Health Research: An Analysis, L. Lynn Hogue
L. Lynn Hogue
No abstract provided.
Bridging The Physical-Mental Gap: An Empirical Look At The Impact Of Mental Illness Stigma On Ada Outcomes, 2014 Georgia State University College of Law
Bridging The Physical-Mental Gap: An Empirical Look At The Impact Of Mental Illness Stigma On Ada Outcomes, Wendy Hensel, Gregory Jones
Wendy F. Hensel
A plaintiff who seeks redress for disability discrimination under the Americans with Disabilities Act must first show that he or she is "disabled" within the meaning of the statute. There is no question that all plaintiffs have experienced difficulty in making this showing as a result of several Supreme Court decisions narrowing the definition of "disability."Many scholars have argued that courts do not appreciate the social construction of disability and focus too much attention on medical diagnoses and functional limitations rather than the impact of societal attitudes and prejudices. Some scholars have gone further, however, to theorize that individuals alleging …
The Disabling Impact Of Wrongful Birth And Wrongful Life Actions, 2014 Georgia State University College of Law
The Disabling Impact Of Wrongful Birth And Wrongful Life Actions, Wendy Hensel
Wendy F. Hensel
This article explores the torts of wrongful birth and wrongful life, which primarily arise when a physician or laboratory is negligent in the context of pre-natal genetic testing. In wrongful birth actions, the parents claim that if they had been properly informed of the genetic defect, they would have aborted their now-existing child or prevented his conception. In wrongful life actions, the disabled child brings suit in his own name claiming that it would have been better if he had never existed in the first place. Central to such actions is the child's assertion that his parents rightfully should have …
Valuing Lives: Allocating Scarce Medical Resources During A Public Health Emergency And The Americans With Disabilities Act, 2014 Georgia State University College of Law
Valuing Lives: Allocating Scarce Medical Resources During A Public Health Emergency And The Americans With Disabilities Act, Leslie Wolf, Wendy Hensel
Wendy F. Hensel
Public health emergencies from natural disasters, infection, and man-made threats can present ethically or legally challenging questions about who will receive scarce resources. Federal and state governments have offered little guidance on how to prioritize distribution of limited resources. Several allocation proposals have appeared in the medical literature, but components of the proposed approaches violate federal antidiscrimination laws and ethical principles about fair treatment. Further planning efforts are needed to develop practical allocation guidelines that comport with antidiscrimination laws and the moral commitment to equal access reflected in those laws.
Playing God: The Legality Of Plans Denying Scarce Resources To People With Disabilities In Public Health Emergencies, 2014 Georgia State University
Playing God: The Legality Of Plans Denying Scarce Resources To People With Disabilities In Public Health Emergencies, Wendy F. Hensel, Leslie E. Wolf
Wendy F. Hensel
Public health emergencies can arise in a number of different ways. They can follow a natural disaster, such as Hurricane Katrina, the 2004 tsunami, and the recent earthquakes in Haiti and Chile. They may be man-made, such as the September 11 attacks and the anthrax scare. They may also be infectious. While no pandemic flu has yet reached the severity of the 1918 flu, there have been several scares, including avian flu and most recently H1N1. Few questions are more ethically or legally loaded than determining who will receive scarce medical resources in the event of a widespread public health …
Interacting With Others: A Major Life Activity Under The Americans With Disabilities Act?, 2014 Georgia State University College of Law
Interacting With Others: A Major Life Activity Under The Americans With Disabilities Act?, Wendy Hensel
Wendy F. Hensel
No abstract provided.
On Presidents, Agencies, And The Stem Cells Between Them: A Legal Analysis Of President Bush's And The Federal Governments Policy On The Funding Of Research Involving Human Embryonic Stem Cells, 2014 Georgia State University College of Law
On Presidents, Agencies, And The Stem Cells Between Them: A Legal Analysis Of President Bush's And The Federal Governments Policy On The Funding Of Research Involving Human Embryonic Stem Cells, Yaniv Heled
Yaniv Heled
On August 9, 2001, President George W. Bush announced his policy on research involving human embryonic stem cells and proclaimed that federal funding would be allocated only to research involving human embryonic stem cell lines produced prior to his announcement (the Directive). Immediately thereafter, the National Institutes of Health (NIH) announced that it would act in accordance and full compliance with the Directive and took action to implement it. Since then, the Directive has dictated the nature and extent of scientific research involving human embryonic stem cells. Yet, astonishingly, despite being the subject of a boisterous debate, the Directive’s legality …
Developing A Durable Right To Health Care, 2014 Georgia State University College of Law
Developing A Durable Right To Health Care, Erin C. Fuse Brown
Erin C. Fuse Brown
The Patient Protection and Affordable Care Act’s (ACA) signature accomplishment was the creation of a statutory right to health care for the uninsured. This is a momentous change in policy, addressing one of the most vexing social issues of our time and affecting millions of people and billions of dollars of the U.S. economy. This ambition and the degree of societal and political debate leading up to the Act’s passage suggests that it is a “superstatute,” a rare breed of statute that can, among other things, create rights and institutions more typically thought to be the province of constitutional undertaking. …
The Regulation Of Genetic Aspects Of Donated Reproductive Tissue - The Need For Federal Regulation, 2014 Georgia State University College of Law
The Regulation Of Genetic Aspects Of Donated Reproductive Tissue - The Need For Federal Regulation, Yaniv Heled
Yaniv Heled
It is estimated that egg and sperm donations account for more than 60,000 births every year in the United States. However, surprisingly, and despite common misconceptions, there are no federal requirements and barely any state requirements to screen and test sperm and egg donors for genetic diseases. The only nationwide standards for genetic screening and testing of donated reproductive tissue are guidelines created by professional organizations, but compliance with those guidelines is voluntary so they cannot be enforced effectively. Furthermore, the few reported cases involving children born from genetically-compromised reproductive tissue illustrate the court system’s failure to afford such children …
Expedited Partner Therapies For Sexually Transmitted Diseases: Legal And Policy Approaches, 2014 Arizona State University Sandra Day O'Connor College of Law
Expedited Partner Therapies For Sexually Transmitted Diseases: Legal And Policy Approaches, James G. Hodge, Erin C. Fuse Brown
Erin C. Fuse Brown
No abstract provided.
Healthcare Reform Creates Pathway For Biosimilar Biologics, 2014 Goodwin Proctor LLP
Healthcare Reform Creates Pathway For Biosimilar Biologics, Frederick Rein, Scott Warren, Yaniv Heled
Yaniv Heled
No abstract provided.
Response To 'Pervasive Sequence Patents Cover The Entire Human Genome', 2014 Georgia State University College of Law
Response To 'Pervasive Sequence Patents Cover The Entire Human Genome', Shine Tu, Yaniv Heled
Yaniv Heled
In a widely reported article by Jeffrey Rosenfeld and Christopher Mason published in Genome Medicine, significant misstatements were made, because the authors did not sufficiently review the claims – which define the legal scope of a patent – in the patents they analyzed. Specifically, the authors do not provide an adequate basis for their assertion that 41% of the genes in the human genome have been claimed.
Advancing Health Law & Social Justice In The Clinic, The Classroom And The Community, 2014 Loyola University Chicago, School of Law
Advancing Health Law & Social Justice In The Clinic, The Classroom And The Community, Emily A. Benfer, John Ammann, Lisa Bliss, Sylvia Caley, Elizabeth Tobin Tyler, Robert Pettignano
Lisa Radtke Bliss
No abstract provided.
Comment On The Proposed Definition Of “Eligible Organization” For Purposes Of Coverage Of Certain Preventative Services Under The Affordable Care Act, 2014 Washington and Lee University School of Law
Comment On The Proposed Definition Of “Eligible Organization” For Purposes Of Coverage Of Certain Preventative Services Under The Affordable Care Act, Lyman P.Q. Johnson, David K. Millon, Stephen M. Bainbridge, Ronald J. Colombo, Brett Mcdonnell, Alan J. Meese, Nathan B. Oman
Scholarly Articles
In late August 2014, after suffering a defeat in the Supreme Court Hobby Lobby decision when the Court held that business corporations are “persons” that can “exercise religion,” the Department of Health and Human Services (“HHS”) proposed new rules defining “eligible organizations.” Purportedly designed to accommodate the Hobby Lobby ruling, the proposed rules do not comport with the reasoning of that important decision and they unjustifiably seek to permit only a small group of business corporations to be exempt from providing contraceptive coverage on religious grounds. This comment letter to the HHS about its proposed rules makes several theoretical and …
Is The United States Prepared For Ebola?, 2014 Georgetown University Law Center
Is The United States Prepared For Ebola?, Lawrence O. Gostin, James G. Hodge Jr., Scott Burris
Georgetown Law Faculty Publications and Other Works
The West African Ebola epidemic is a humanitarian crisis and a threat to international security. It is not surprising that isolated cases have emerged in Europe and North America, but a large outbreak in the United States, with its advanced health system, is unlikely. Yet the handling of the first domestically diagnosed Ebola case in Dallas, Texas, raised concerns about national public health preparedness. What were the critical health system vulnerabilities revealed in Dallas, and how can the country respond more effectively to novel diseases in a globalized world?
Ebola: A Crisis In Global Health Leadership, 2014 Georgetown University Law Center
Ebola: A Crisis In Global Health Leadership, Lawrence O. Gostin, Eric A. Friedman
Georgetown Law Faculty Publications and Other Works
At the core of the present Ebola crisis in West Africa is a lack of global health leadership. WHO should be the global health leader, following its constitutional charge, yet it is significantly under-resourced, having a direct effect on its rapid response capacity. The Organization's response to this crisis has been constantly behind, from low funding appeals to its delay in declaring this outbreak to be a Public Health Emergency of International Concern under the binding International Health Regulations (2005) (IHR). The IHR themselves have proven insufficient, as countries have failed to cooperate in building the public health capacities that …
Drugged Out: How Cognitive Bias Hurts Drug Innovation, 2014 Loyola University Chicago, School of Law
Drugged Out: How Cognitive Bias Hurts Drug Innovation, Cynthia M. Ho
Cynthia M Ho
No abstract provided.
Public Health In The Age Of Ebola In West Africa, 2014 University of Minnesota - Minneapolis
Public Health In The Age Of Ebola In West Africa, Michael T. Osterholm, Kristine A. Moore, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
The Ebola epidemic, with its fast-growing toll and real potential for spreading into much of Africa, including major cities, has the makings of a “Black Swan” event. Such events, using the term coined by Nassim Nicholas Taleb, are: 1) unpredictable, outside the realm of regular expectations; 2) have a major impact, and; 3) are rationalized after the fact as being explainable and predictable.
We have learned from this outbreak the potential for an infectious disease to be politically, economically, and socially destabilizing, and that what kills us may be very different from what frightens us or substantially affects our social …
"Do No Harm": A Comparative Analysis Of Legal Barriers To Corporate Clinical Telemedicine Providers In The United States, Australia, And Canada, 2014 University of Georgia School of Law
"Do No Harm": A Comparative Analysis Of Legal Barriers To Corporate Clinical Telemedicine Providers In The United States, Australia, And Canada, Ian R. Landgreen
Georgia Journal of International & Comparative Law
No abstract provided.