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From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2016 SelectedWorks

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2016 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


The Hidden Ball Trick: Major League Baseball’S Collective Bargaining Agreement Attempts To Hide Tobacco Use By Players, Lee N. Gilgan 2015 Willamette University

The Hidden Ball Trick: Major League Baseball’S Collective Bargaining Agreement Attempts To Hide Tobacco Use By Players, Lee N. Gilgan

Lee N Gilgan

No sport has failed to protect its players, fans and the public from tobacco to the degree of Major League Baseball. The statistics of tobacco are shocking, especially within the sport. While some stadiums have made steps toward a remedy, the Collective Bargaining Agreement and State Law need to become the primary source of regulation.


Terminating The Hospital-Physician Employment Relationship: Navigating Conflicts Arising From The Physician’S Dual Roles As Employee And Medical Staff Member, Gayland Hethcoat 2015 University of Miami Law School

Terminating The Hospital-Physician Employment Relationship: Navigating Conflicts Arising From The Physician’S Dual Roles As Employee And Medical Staff Member, Gayland Hethcoat

University of Miami Business Law Review

In an effort to meet the challenges of the post-health reform marketplace, hospitals have accelerated the practice of employing physicians. Despite this trend, many hospitals require their employed physicians to also maintain membership and privileges on the medical staff—the self-governing entity comprised of fellow physicians that oversees the practice of medicine within the hospital setting. Recent case law identifies at least two salient issues that will likely arise from physicians’ dual roles as hospital employee and medical staff member and be a point of negotiation and litigation: (1) the applicability of “due process” rights, which are typically afforded in ...


Wollschlaeger, A Patient’S Right To Privacy, And A Renewed Focus On Mental Health Treatment, Chad A. Pasternack 2015 University of Miami Law School

Wollschlaeger, A Patient’S Right To Privacy, And A Renewed Focus On Mental Health Treatment, Chad A. Pasternack

University of Miami Business Law Review

In response to doctors pushing gun control agendas on patients, Florida enacted the Firearm Owners Privacy Act. The law, upheld by the Eleventh Circuit in Wollschlaeger v. Governor of Florida, protects patients from intrusive lines of inquiry unrelated to their treatment and from discrimination due to firearm ownership. While patients in Florida benefit greatly from the Firearm Owners Privacy Act, this note argues for more specific language in the law, which would parallel language in the Florida Mental Health Act (“Baker Act”). The proposed changes would limit inquiries into firearm ownership to instances where there is a substantial likelihood of ...


Legal, Operational, And Practical Considerations For Hospitals And Health Care Providers In Responding To Communicable Diseases Following The 2014 Ebola Outbreak, Jane Jordan, Greg Measer, Asha Agrawal, James G. Hodge Jr. 2015 University of Miami Law School

Legal, Operational, And Practical Considerations For Hospitals And Health Care Providers In Responding To Communicable Diseases Following The 2014 Ebola Outbreak, Jane Jordan, Greg Measer, Asha Agrawal, James G. Hodge Jr.

University of Miami Business Law Review

This article analyzes some of the potential issues that may arise during epidemics or other public health emergencies. It specifically focuses on legal and operational preparedness experiences at Emory University during the 2014 Ebola crisis. Emory University Hospital was the first health care facility in the U.S. to treat patients diagnosed with Ebola Viral Disease (EVD). Although EVD has particularly frightening symptoms and a high mortality rate, its containment and treatment implicate similar legal, practical, and operational issues as other highly infectious and communicable diseases. These issues include laws related to: isolation and quarantine; travel restrictions; duties to treat ...


Pharmaceuticals And Biopiracy: How The Aia May Inadvertently Reduce The Misappropriation Of Traditional Medicine, Ryan D. Levy, Spencer Green 2015 University of Miami Law School

Pharmaceuticals And Biopiracy: How The Aia May Inadvertently Reduce The Misappropriation Of Traditional Medicine, Ryan D. Levy, Spencer Green

University of Miami Business Law Review

For decades, Eastern traditional medicine has been misappropriated by others who claim it as their own and attempt to obtain patent protection for it. As long this practice has existed, the international community has pushed back against it. Several countries and international bodies have created databases of traditional knowledge, hoping to preclude the issuance of patents on that knowledge. Other countries, like Thailand, have extended intellectual property protection to the traditional knowledge stakeholders themselves. However, a recent change to US patent law may have the unintended consequence of helping resolve the issue of biopiracy


Ebola, Quarantine, And Flawed Cdc Policy, Robert Gatter 2015 University of Miami Law School

Ebola, Quarantine, And Flawed Cdc Policy, Robert Gatter

University of Miami Business Law Review

The CDC’s Interim Guidance for Monitoring and Movements of Persons with Potential Ebola Virus Exposure is deeply flawed because it disregards the science of Ebola transmission. It recommends that officials quarantine individuals exposed to the virus but who do not have any symptoms of illness, ignoring the fact that only those with Ebola symptoms can communicate the virus to others. Consequently, any quarantine order based on the Guidelines is surely unconstitutional and illegal under most states’ public health statutes—as exemplified by the State of Maine’s failed petition to quarantine Nurse Kaci Hickox in October 2014. This article ...


In An Era Of Healthcare Delivery Reforms, The Corporate Practice Of Medicine Is A Matter That Requires Vigilance., Stuart I. Silverman 2015 American University Washington College of Law

In An Era Of Healthcare Delivery Reforms, The Corporate Practice Of Medicine Is A Matter That Requires Vigilance., Stuart I. Silverman

Health Law and Policy Brief

No abstract provided.


Conceiving A National Gamete Donor Registry: Policy Considerations, Privacy Concerns, And Legal Authority, Lauren Nussbaum 2015 American University Washington College of Law

Conceiving A National Gamete Donor Registry: Policy Considerations, Privacy Concerns, And Legal Authority, Lauren Nussbaum

Health Law and Policy Brief

No abstract provided.


Rx For Costly Credit: Deferred Interest Medical Credit Cards Do More Harm Than Good, Allison J. Zimmon 2015 Boston College Law School

Rx For Costly Credit: Deferred Interest Medical Credit Cards Do More Harm Than Good, Allison J. Zimmon

Boston College Journal of Law & Social Justice

Various health care providers offer patients medical credit cards that charge high rates of deferred interest. As the cost of medical care and patient responsibility for out-of-pocket costs continue to rise, patients have turned to medical credit cards for help footing the bill. Unfortunately, because they fail to pay off their balances before the end of the promotional period, many patients find themselves unexpectedly responsible for deferred interest charges at rates well above those associated with general-purpose credit cards. Medical credit cards fall outside the protection of many federal credit laws regulating consumer credit. This Note argues that the Consumer ...


The Hiv Care Cascade: Models, Measures And Moving Forward, Sarah MacCarthy, Michael Hoffman, Laura Ferguson, Amy Nunn, Risha Irvin, David Bangsberg, Sofia Gruskin, Ines Dourado 2015 RAND Corporation

The Hiv Care Cascade: Models, Measures And Moving Forward, Sarah Maccarthy, Michael Hoffman, Laura Ferguson, Amy Nunn, Risha Irvin, David Bangsberg, Sofia Gruskin, Ines Dourado

University of Southern California Legal Studies Working Paper Series

Introduction: This article seeks to identify where delays occur along the adult HIV care cascade (‘‘the cascade’’), to improve understanding of what constitutes ‘‘delay’’ at each stage of the cascade and how this can be measured across a range of settings and to inform service delivery efforts. Current metrics are reviewed, measures informed by global guidelines are suggested and areas for further clarification are underscored.

Discussion: Questions remain on how best to evaluate late entry into each stage of the cascade. The delayed uptake of HIV testing may be more consistently measured once rapid CD4 testing is administered at the ...


Whistleblower’S Delight: An Evaluation Of The Third Circuit Decision In Foglia V. Renal Ventures, Patrick Venter 2015 Boston College Law School

Whistleblower’S Delight: An Evaluation Of The Third Circuit Decision In Foglia V. Renal Ventures, Patrick Venter

Boston College Law Review

In 2014, in Foglia v. Renal Ventures Management LLC, the U.S. Court of Appeals for the Third Circuit evaluated the pleading requirements needed to satisfy Rule 9(b) of the Federal Rules of Civil Procedure, within the context of False Claims Act complaints. The Third Circuit concurred with the First, Fifth, and Ninth Circuits and determined that it is necessary to provide only reliable indicia that leads to a strong inference of a scheme to submit false claims. This is in opposition to the holdings of some Circuits, which have required complaints to allege specific times, places, contents of ...


Return Fire: An En Banc Hearing In Wollschlaeger V. Governor Of Florida Is Necessary To Protect The First Amendment Rights Of Physicians, Erika Manderscheid 2015 Boston College Law School

Return Fire: An En Banc Hearing In Wollschlaeger V. Governor Of Florida Is Necessary To Protect The First Amendment Rights Of Physicians, Erika Manderscheid

Boston College Law Review

In 2014, in Wollschlaeger v. Governor of Florida, the U.S. Court of Appeals for the Eleventh Circuit held that a Florida ban on physician speech about firearm ownership was a valid regulation of professional conduct. The court reasoned that because the speech took place within the physician-patient relationship it should be treated as professional conduct that may be regulated by the state and not subject to First Amendment scrutiny. This Comment argues that the Eleventh Circuit mischaracterized the speech as conduct and that an en banc hearing should be granted to reverse this decision to avoid a negative impact ...


Contemplating Abortion: Hiv-Positive Women's Decision To Terminate Pregnancy, Sarah MacCarthy, Jennifer Rasanathan, Ann Crawford-Roberts, Ines Dourado, Sofia Gruskin 2015 RAND Corporation

Contemplating Abortion: Hiv-Positive Women's Decision To Terminate Pregnancy, Sarah Maccarthy, Jennifer Rasanathan, Ann Crawford-Roberts, Ines Dourado, Sofia Gruskin

University of Southern California Legal Studies Working Paper Series

Research on pregnancy termination largely assumes HIV status is the only reason why HIV-positive women contemplate abortion. As antiretroviral treatment (ART) becomes increasingly available and women are living longer, healthier lives, the time has come to consider the influence of other factors on HIV-positive women’s reproductive decision-making. Because ART has been free and universally available to Brazilians for more than two decades, Brazil provides a unique context in which to explore these issues. A total of 25 semi-structured interviews exploring women’s pregnancy termination decision-making were conducted with women receiving care at the Reference Centre for HIV/AIDS in ...


Air Pollution, Health, And Human Rights, Jonathan M. Samet, Sofia Gruskin 2015 USC, Institute for Global Health

Air Pollution, Health, And Human Rights, Jonathan M. Samet, Sofia Gruskin

University of Southern California Legal Studies Working Paper Series

Worldwide, the problem of air pollution is heterogeneous in its sources and in the populations affected, but consistent in that there is an urgent need for action. In this Comment, we address whether framing air pollution as a human rights issue would more quickly and efficiently motivate and direct actions than what is done at present. We conclude that rights-based approaches merit deeper consideration to advance control for air pollution worldwide at a time when air quality is notably deteriorating in many parts of the world.


Assets, Costs, And Affordability: Why Magi-Based Medicaid Benefits Don't Account For True Need, Sara K. Hunkler 2015 Maurer School of Law: Indiana University

Assets, Costs, And Affordability: Why Magi-Based Medicaid Benefits Don't Account For True Need, Sara K. Hunkler

Indiana Journal of Law and Social Equality

In 2014, Mary, an asset-wealthy individual, will qualify for Medicaid ahead of Bob, a needier individual with less net wealth and significantly higher medical costs, solely because Bob’s income is slightly higher. The current income-based eligibility standards for Medicaid mandated by the Patient Protection and Affordable Care Act (PPACA) do not adequately reflect an individual’s need for federal assistance because they neglect to consider an individual’s assets, debts, and the circumstantial cost of their healthcare. Thus, these new federal standards permit significant disparities in the treatment of similarly situated impoverished individuals and allow prioritization of asset-wealthy individuals ...


Fracking And The Rural Poor: Negative Externalities, Failing Remedies, And Federal Legislation, Matthew Castelli 2015 Maurer School of Law: Indiana University

Fracking And The Rural Poor: Negative Externalities, Failing Remedies, And Federal Legislation, Matthew Castelli

Indiana Journal of Law and Social Equality

This Note examines the relationship between the rural poor and the negative externalities of hydraulic fracturing (“fracking”). It asserts that the rural poor are disproportionately burdened with fracking’s negative externalities and that comprehensive, national regulation is needed because current legal methods are insufficient to internalize these costs. The argument is made in four parts: describing fracking’s externalities; assessing their impact on the rural poor; analyzing current legal regimes; and proposing an equitable regulatory framework based on cooperative federalism.

Fracking produces three main categories of negative externalities: water, air, and land contamination. Water contamination can be caused by migration ...


Diagnosed With Time Is Money: Arbitrary Medicare Provisions Differentiating Observation Services From Inpatient Admissions Violate Beneficiaries’ Due Process Rights, Stephanie Masaba 2015 College of William & Mary Law School

Diagnosed With Time Is Money: Arbitrary Medicare Provisions Differentiating Observation Services From Inpatient Admissions Violate Beneficiaries’ Due Process Rights, Stephanie Masaba

William & Mary Bill of Rights Journal

No abstract provided.


Improving Rhode Island’S Health Care System: Lessons From The Cuban Model, Sarah R. Moffitt 2015 University of Rhode Island

Improving Rhode Island’S Health Care System: Lessons From The Cuban Model, Sarah R. Moffitt

Senior Honors Projects

Improving Rhode Island’s health care system: lessons from the Cuban model

Cuba is world renowned for its health care system. In regards to international health crises, Cuba is a leader in sending workers abroad and training doctors from all over the world. Within its own borders, the Cuban model provides free access to all citizens in which every individual has a primary care provider. Cuba boasts high vaccination rates, a long life expectancy, low infant mortality rate, and a population that is one of the healthiest in the western hemisphere.

The purpose of this research project is to evaluate ...


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