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Germ-Line Gene Editing And Congressional Reaction In Context: Learning From Almost 50 Years Of Congressional Reactions To Biomedical Breakthroughs, Russell A. Spivak, J.D., I. Glenn Cohen, J.D., Eli Y. Adashi, M.D., M.S. 2017 Harvard Law School

Germ-Line Gene Editing And Congressional Reaction In Context: Learning From Almost 50 Years Of Congressional Reactions To Biomedical Breakthroughs, Russell A. Spivak, J.D., I. Glenn Cohen, J.D., Eli Y. Adashi, M.D., M.S.

Journal of Law and Health

On December 18, 2015, President Obama signed into law a policy rider forestalling the therapeutic modification of the human germ line. The rider, motivated by the science’s potential unethical ends, is only the most recent instance in which the legislature cut short the ongoing national conversation on the acceptability of a developing science. This essay offers historical perspective on what bills were proposed and passed surrounding four other then-developing scientific breakthroughs—Recombinant DNA, in vitro fertilization, Cloning, Stem Cells—to better analyze how Congress is, and should, regulate this exciting and promising science.


Analysis Of The Proposed Tpp-Related Patent Linkage System In Taiwan, Ping-Hsun Chen 2017 National Chengchi University

Analysis Of The Proposed Tpp-Related Patent Linkage System In Taiwan, Ping-Hsun Chen

Journal of Law and Health

The Trans-Pacific Partnership (TPP) Agreement mandates member states to implement a patent linkage system vested in Article 18.53. To successfully join the TPP Agreement, Taiwan has begun the legislation of a patent linkage system by proposing an amendment for the Pharmaceutical Affairs Act. Article 18.53 requires a member either to adopt a notification mechanism under Paragraph 1 or to stay the issuance of marketing approval under Paragraph 2. But, Taiwan’s proposal includes both measures. Taiwan’ patent linkage system allows a pioneer drug company to register patents claiming (a) a material; (b) a combination or formula; or (c ...


Trading Safety For Innovation And Access: An Empirical Evaluation Of The Fda’S Premarket Approval Process, George Horvath 2017 Brigham Young University Law School

Trading Safety For Innovation And Access: An Empirical Evaluation Of The Fda’S Premarket Approval Process, George Horvath

BYU Law Review

Congress created the premarket approval process (PMA) to provide a rigorous safety evaluation of high-risk medical devices before they may be sold on the U.S. market. Evaluating a PMA application requires the Food and Drug Administration (FDA) to conduct a lengthy, complex, and costly assessment of the extensive data a manufacturer must submit. But other policy concerns, notably a fear of hampering innovation and a desire to assure timely access to new technologies, have led Congress to relax some of the rigorous data requirements the PMA process imposes on manufacturers. Congress mandates that the FDA employ the “least burdensome ...


Yours, Mine, Or Ours: Resolving Frozen Embryo Disputes Through Genetics, Carinne Jaeger 2017 Seattle University School of Law

Yours, Mine, Or Ours: Resolving Frozen Embryo Disputes Through Genetics, Carinne Jaeger

Seattle University Law Review

Part I of this Note provides some background on the current frameworks being used by courts in dual-progenitor disputes, while Part II presents the only two cases to deal with sole-genetic progenitor disputes and details how the courts conducted their analyses. Part III explains how courts establish legal parentage and how these legal parentage standards apply to frozen embryo disputes, specifically ones that involve only one genetic progenitor. Part IV proposes a new genetic framework to assist in the resolution of these issues. This Note concludes with a recommendation for future legislative intervention to aid in the widespread and uniform ...


Introduction, Donald W. Dowd 2017 Selected Works

Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.


In The "Best Interests" Of The Disabled: Legislating Morality And The Power To Initiate Support Orders For Disabled Adults In Ohio, Kalynne Proctor 2017 Cleveland-Marshall College of Law

In The "Best Interests" Of The Disabled: Legislating Morality And The Power To Initiate Support Orders For Disabled Adults In Ohio, Kalynne Proctor

Cleveland State Law Review

Today’s reality is that many families have children who are faced with disabling conditions that prevent them from relinquishing their dependency on others. Often, the need for specialized treatment and care does not terminate once a severely disabled child reaches adulthood. While typically parents are relieved of their legal parental obligations to their adult-aged children, this is not the same case for parents with severely disabled children. In some respects, Ohio has recognized the financial difficulties divorced parents face when they are the sole caregivers of disabled adult children. Although Ohio law requires that the noncustodial parent in a ...


Retributive Medication: A Discussion Of A Maine Law Allowing Involuntary, Forcible Medication Of A Pretrial Defendant For The Purpose Of Rendering The Defendant Competent To Stand Trial, Ashley T. Perry 2017 University of Maine School of Law

Retributive Medication: A Discussion Of A Maine Law Allowing Involuntary, Forcible Medication Of A Pretrial Defendant For The Purpose Of Rendering The Defendant Competent To Stand Trial, Ashley T. Perry

Maine Law Review

Innocent until proven guilty—it’s a phrase we have all heard, know, and accept. But there are circumstances where this simple concept is strained in its application, such as when a legally incompetent defendant is facing trial. After all, how can a defendant be proven guilty if he cannot stand trial? The Supreme Court of the United States has determined that forcibly medicating an incompetent defendant solely to render the defendant competent to stand trial is permissible under the Federal Constitution. However, the Federal Constitution provides only the floor-level of civil rights; states are free to set their own ...


On Kamisar, Killing, And The Future Of Physician-Assisted Death, Norman L. Cantor 2017 Rutgers U. School of Law, Newark

On Kamisar, Killing, And The Future Of Physician-Assisted Death, Norman L. Cantor

Norman Cantor

In a famous 1958 article, Yale Kamisar brilliantly examined the hazards of abuse and of slippery slope extensions that subsequently, for 46 years, served to thwart legalization of physician-assisted death (PAD). This paper shows that during the same period law and culture have effectively accepted a variety of ways for stricken people to hasten death, with physicians involved in diverse roles. Those ways include rejection of nutrition and hydration, terminal sedation, administration of risky analgesics, and withholding or withdrawal of medical life support. If these existing lawful modes of hastening death were widely acknowledged, the pressure to legalize voluntary active ...


The Relation Between Autonomy-Based Rights And Profoundly Disabled Persons, Norman L. Cantor 2017 Rutgers U. School of Law, Newark

The Relation Between Autonomy-Based Rights And Profoundly Disabled Persons, Norman L. Cantor

Norman Cantor

“The Relation Between Autonomy-based Rights and Profoundly Mentally Disabled Persons” Competent persons have fundamental rights to decide about abortion, methods of contraception, and rejection of life-sustaining medical treatment. Profoundly disabled persons are so cognitively impaired that they cannot make their own serious medical decisions. Yet some courts suggest that the mentally impaired are entitled to “the same right” to choice regarding critical medical decisions as competent persons. This article discusses the puzzling question of how to relate autonomy-based rights to never-competent persons. It argues that while profoundly disabled persons cannot be entitled to make their own medical decisions, they have ...


On Hastening Death Without Violating Legal Or Moral Prohibitions, Norman L. Cantor 2017 Rutgers U. School of Law, Newark

On Hastening Death Without Violating Legal Or Moral Prohibitions, Norman L. Cantor

Norman Cantor

While the vast majority of fatally afflicted persons have a powerful wish to remain alive, some stricken persons may, for any of a host of reasons, desire to hasten death. Some persons are afflicted with chronic degenerative diseases that take a grievous toll. Chronic pain may be severe and intractable, anxiety about a future treatment regimen may be distressing, and helplessness may erode personal dignity and soil the image that the afflicted person wants to leave behind. A dying patient’s interest in hastening death is often said to be in tension with a bedrock social principle that respect for ...


Changing The Paradigm Of Advance Directives To Avoid Prolonged Dementia, Norman L. Cantor 2017 Rutgers Law School - Newark

Changing The Paradigm Of Advance Directives To Avoid Prolonged Dementia, Norman L. Cantor

Norman Cantor

For some people, the specter of being mired in progressively degenerative dementia is an intolerably degrading prospect. One avoidance tactic is to take steps to end one's existence while still competent. That risks a premature demise while still enjoying a tolerable lifestyle. The question arises whether an alternative tactic -- an advance directive declining all life-sustaining intervention once a certain point of debilitation is reached -- might be preferable. This article describes the legal and moral foundation for an advance directive declining even simplistic interventions at a relatively early stage of decline. My own model directive is included.


Compulsory Medical Treatment Of Adults, Peter J. Riga 2017 St. John's University School of Law

Compulsory Medical Treatment Of Adults, Peter J. Riga

The Catholic Lawyer

No abstract provided.


The Home-Field Disadvantage: Tort Liability And Immunity For Paid Physicians During Disasters Within The Pacific Northwest Emergency Management Arrangement Member States, Stephen Seely 2017 Seattle University School of Law

The Home-Field Disadvantage: Tort Liability And Immunity For Paid Physicians During Disasters Within The Pacific Northwest Emergency Management Arrangement Member States, Stephen Seely

Seattle University Law Review

This Note identifies how the Pacific Northwest Emergency Management Arrangement member states of Alaska, Idaho, Oregon, and Washington apply tort liability and immunity to medical professionals during times of disaster. This Note also identifies an example statutory scheme that, if enacted, will provide equal protection to all physicians who provide care to disaster victims, regardless of their local or out-of-state status.


Rebranding Death, Angela Wentz Faulconer 2017 Brigham Young University Law School

Rebranding Death, Angela Wentz Faulconer

Brigham Young University Journal of Public Law

No abstract provided.


Legalization Of Assisted Suicide And Euthanasia: Foundational Issues And Implications, Sean Murphy 2017 Brigham Young University Law School

Legalization Of Assisted Suicide And Euthanasia: Foundational Issues And Implications, Sean Murphy

Brigham Young University Journal of Public Law

No abstract provided.


The Constitutionality Of Laws Banning Physician Assisted Suicide, Richard S. Myers 2017 Brigham Young University Law School

The Constitutionality Of Laws Banning Physician Assisted Suicide, Richard S. Myers

Brigham Young University Journal of Public Law

No abstract provided.


Honing The Emerging Right To Stop Eating And Drinking, Norman L. Cantor 2017 Rutgers Law School - Newark

Honing The Emerging Right To Stop Eating And Drinking, Norman L. Cantor

Norman Cantor

No abstract provided.


The Trouble With The Curve: Manufacturer And Surgeon Liability For “Learning Curves” Associated With Unreliably-Screened Implantable Medical Devices, Frank Griffin 2017 University of Arkansas, Fayetteville

The Trouble With The Curve: Manufacturer And Surgeon Liability For “Learning Curves” Associated With Unreliably-Screened Implantable Medical Devices, Frank Griffin

Arkansas Law Review

No abstract provided.


Dietary Supplements Are Not All Safe And Not All Food: How The Low Cost Of Dietary Supplements Preys On The Consumer, Joanna K. Sax 2017 California Western School of Law

Dietary Supplements Are Not All Safe And Not All Food: How The Low Cost Of Dietary Supplements Preys On The Consumer, Joanna K. Sax

Joanna K Sax

Dietary supplements are regulated as food, even though the safety and efficacy of some supplements are unknown. These products are often promoted as 'natural.' This leads many consumers to fail to question the supplements' safety, and some consumers even equate 'natural' with safe. But, 'natural' does not mean safe. For example, many wild berries and mushrooms are dangerous although they are natural. Another example is tobacco -- a key ingredient in cigarettes: it is natural, but overwhelming studies have established the harm of cigarette smoke. The Food and Drug Administration (FDA) only has limited ability to regulate the entry of new ...


The Time Of Death - A Legal, Ethical And Medical Dilemma, John E. Pearson 2017 St. John's University School of Law

The Time Of Death - A Legal, Ethical And Medical Dilemma, John E. Pearson

The Catholic Lawyer

No abstract provided.


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