Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- BLR (38)
- Case Western Reserve University School of Law (31)
- Loyola University Chicago, School of Law (31)
- University of Maryland Francis King Carey School of Law (30)
- St. Mary's University (22)
-
- Himmelfarb Health Sciences Library, The George Washington University (21)
- American University Washington College of Law (14)
- Boston University School of Law (9)
- Osgoode Hall Law School of York University (7)
- University of Michigan Law School (7)
- Cleveland State University (6)
- Schulich School of Law, Dalhousie University (6)
- SelectedWorks (6)
- University of Washington School of Law (6)
- Maurer School of Law: Indiana University (5)
- UIC School of Law (5)
- Vanderbilt University Law School (5)
- Pace University (4)
- Saint Louis University School of Law (4)
- Selected Works (4)
- Texas A&M University School of Law (4)
- University of Richmond (4)
- Villanova University Charles Widger School of Law (4)
- Western New England University School of Law (4)
- Duke Law (3)
- Georgetown University Law Center (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Washington and Lee University School of Law (3)
- Wayne State University (3)
- Columbia Law School (2)
- Keyword
-
- Health Law and Policy (43)
- St. Mary’s Law Journal (17)
- St. Mary’s University School of Law (17)
- Health care (15)
- Medical Jurisprudence (13)
-
- Legislation (11)
- Intellectual Property Law (10)
- Law and Economics (10)
- Law and Society (10)
- Law and Technology (10)
- Science and Technology (10)
- Canada (9)
- Constitutional Law (9)
- Public health (9)
- Bioethics (8)
- Informed consent (8)
- Regulation (8)
- Civil Rights and Discrimination (7)
- International Law (7)
- Malpractice (7)
- Public Law and Legal Theory (7)
- Race (7)
- Religion (7)
- Abortion (6)
- Drugs (6)
- Economics (6)
- Elder Law (6)
- Food and Drug Law (6)
- General Law (6)
- Health policy (6)
- Publication
-
- ExpressO (38)
- Faculty Scholarship (31)
- Health Matrix: The Journal of Law-Medicine (24)
- Annals of Health Law and Life Sciences (23)
- St. Mary's Law Journal (22)
-
- National Health Policy Forum (20)
- Journal of Health Care Law and Policy (17)
- Faculty Publications (10)
- Sustainable Development Law & Policy (9)
- Articles (8)
- All Faculty Scholarship (6)
- Osgoode Hall Law Journal (6)
- Journal of Law and Health (5)
- Public Interest Law Reporter (5)
- Articles by Maurer Faculty (4)
- Articles, Book Chapters, & Popular Press (4)
- American University Law Review (3)
- Charles I. Lugosi (3)
- Elisabeth Haub School of Law Faculty Publications (3)
- Faculty Publications & Other Works (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Law Faculty Research Publications (3)
- Scholarly Articles (3)
- Scholarly Works (3)
- UIC Law Review (3)
- Villanova Law Review (3)
- Washington International Law Journal (3)
- Articles & Chapters (2)
- Bruno L. Costantini García (2)
- Duke Law & Technology Review (2)
- Publication Type
Articles 31 - 60 of 331
Full-Text Articles in Law
Plan B Contraceptive And The Role Of Politics In Medicine: A Comparative Analysis Of The "Switch" Of Emergency Contraception From Prescription To Non-Prescription In The United States, France, The United Kingdom, And Canada, Mary E. Armstrong
ExpressO
Of the approximately 6 million pregnancies in the United States each year, almost half are unintended. Of these unintended pregnancies, approximately four in ten will end in abortion. Plan B emergency contraception is a drug that has the potential to reduce the number of abortions performed each year in half. Despite contentions from various religious and political sects, Plan B is not an abortifacient. It acts by preventing a pregnancy from starting rather than terminating a pregnancy that is already established. On December 16, 2003, a panel of medical and scientific experts gathered by the Food and Drug Administration (FDA), …
Brain Imaging And Privacy: How Recent Advances In Neuroimaging Implicate Privacy Concerns , David P. Finn
Brain Imaging And Privacy: How Recent Advances In Neuroimaging Implicate Privacy Concerns , David P. Finn
ExpressO
This paper deals with recent advances in neuroimaging technologies which could begin to implicate privacy concerns in the near future.
Biopolitics At The Bedside: Proxy Wars And Feeding Tubes, Joshua E. Perry
Biopolitics At The Bedside: Proxy Wars And Feeding Tubes, Joshua E. Perry
ExpressO
In the aftermath of Terri Schiavo’s dramatic final weeks of life, George Annas speculated that proponents of “culture of life” politics might “now view [themselves] as strong enough to generate new laws . . . to require that incompetent patients be kept alive with artificially delivered fluids and nutrition.” Indeed, Professor Annas’ prescience has been demonstrated by the post-Schiavo introduction in two dozen state legislatures of over fifty different bills making it more onerous to remove a patient’s artificial nutrition and hydration (ANH). With minor exception, however, most of the proposed legislation has either stalled or been watered down, prompting …
Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger
Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger
ExpressO
This article contributes to the broad debate over “adaptive preferences” in law, economics, and political philosophy by addressing an important ongoing controversy in tort law. Hedonic damages compensate for the lost enjoyment of life that results from a tortious injury. Lawyers seeking hedonic damages in personal injury cases emphasize their clients’ new status as compromised and damaged persons, and courts frequently uphold jury verdicts awarding hedonic damages to individuals who experienced disabling injuries based on a view that disability necessarily limits one’s enjoyment of life. This view is consonant with a general societal understanding of disability as a tragedy and …
Extended Work Duration And The Risk Of Self-Reported Percutaneous Injuries In Interns, Dean M. Hashimoto, Najib T. Ayas, Laura K. Barger, Brian E. Cade, Bernard Rosner, John W. Cronin, Frank E. Speizer, Charles A. Czeisler
Extended Work Duration And The Risk Of Self-Reported Percutaneous Injuries In Interns, Dean M. Hashimoto, Najib T. Ayas, Laura K. Barger, Brian E. Cade, Bernard Rosner, John W. Cronin, Frank E. Speizer, Charles A. Czeisler
Dean M. Hashimoto
Context: In their first year of postgraduate training, interns commonly work shifts that are longer than 24 hours. Extended-duration work shifts are associated with increased risks of automobile crash, particularly during a commute from work. Interns may be at risk for other occupation-related injuries.
Objective: To assess the relationship between extended work duration and rates of percutaneous injuries in a diverse population of interns in the United States.
Design, Setting, and Participants: National prospective cohort study of 2737 of the estimated 18 447 interns in US postgraduate residency programs from July 2002 through May 2003. Each month, comprehensive Web-based surveys …
Law & Health Care Newsletter, V. 14, No. 1, Fall 2006
Law & Health Care Newsletter, V. 14, No. 1, Fall 2006
Law & Health Care Newsletter
No abstract provided.
Why Health Courts Are Unconstitutional, Amy Widman
Why Health Courts Are Unconstitutional, Amy Widman
Pace Law Review
No abstract provided.
A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner
A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner
West Virginia Law Review
No abstract provided.
Disability Discrimination In Long-Term Care: Using The Fair Housing Act To Prevent Illegal Screening In Admissions To Nursing Homes And Assisted Living Facilities, Eric M. Carlson
ExpressO
Nursing homes and assisted living facilities routinely require applicants to disclose an extensive amount of medical information. Not infrequently, these long-term care facilities use the information to deny admission to those applicants with relatively greater care needs. These denials constitute illegal discrimination under the Americans with Disabilities Act and the Rehabilitation Act, but generally consumers are unaware of these protections or find litigation too expensive and time-consuming under their generally difficult circumstances.
These illegal denials of service could be limited by active enforcement of the Fair Housing Act’s no-inquiry regulation, which prohibits a housing provider from inquiring into an applicant’s …
The Convicted Felon As A Guardian: Considering The Alternatives Of Potential Guardians With Less-Than-Perfect Records, Mike Jorgensen
The Convicted Felon As A Guardian: Considering The Alternatives Of Potential Guardians With Less-Than-Perfect Records, Mike Jorgensen
ExpressO
Courts require discretion in appointing guardians. Oftentimes, the legislature prevents the courts from exercising discretion when statutes are enacted that prohibit felons from serving as guardians under any circumstances. Yet, the need for guardians is increasing and will continue to do so due to the exponential growth in the aging elder population.
At the same time, however, the pool of potential guardians is shrinking in size. Additionally, the same reducing pool of eligible guardians is being attenuated further by having a disproportionate amount of felonies.
The groups most impacted by these trends are the indigent and the minorities. The indigent …
A Friendly Approach To Reducing Medical Malpractice Litigation, Aaron A. Bucco
A Friendly Approach To Reducing Medical Malpractice Litigation, Aaron A. Bucco
ExpressO
A Friendly Approach to Reducing Medical Malpractice Litigation focuses on practical and feasible solutions to the rising threat of medical malpractice litigation by establishing that psychological principles are fundamental to point-of-care physician-patient interaction. Several universities discussed in the article have recognized the benefits of incorporating bedside manner techniques into the curriculum. The article attempts to extend the logic understood by those universities to medical malpractice insurance providers as a means to effectively preempt litigation as opposed to maintaining a reactive posture, or worse, limiting the rights of patients, thereby raising their guard and weakening their tolerance for error.
Protecting Rights Or Waiving Them? Why 'Negotiated Risk' Should Be Removed From Assisted Living Law, Eric M. Carlson
Protecting Rights Or Waiving Them? Why 'Negotiated Risk' Should Be Removed From Assisted Living Law, Eric M. Carlson
ExpressO
Assisted living facilities claim that negotiated risk agreements give residents the freedom to act against facility advice. On the contrary, negotiated risk was proposed originally to waive a facility’s liability for inadequate care, and liability waiver remains a significant component of negotiated risk.
This Article offers the first detailed legal analysis of state negotiated risk laws. Due to negotiated risk’s dueling definitions – based either on the against-facility-advice scenario or the inadequate care scenario – state law is marked by ambiguity and inconsistency. Currently, fifteen states address negotiated risk in law, and an additional state has developed a standardized negotiated …
Effects Of Food Marketing To Kids: I'M Lovin' It?, Eileen Salinsky
Effects Of Food Marketing To Kids: I'M Lovin' It?, Eileen Salinsky
National Health Policy Forum
This issue brief reviews key findings and recommendations from the Institute of Medicine study on food marketing and its effects on childhood obesity. The brief describes the childhood obesity epidemic, discusses key trends associated with rising childhood obesity rates, and considers the relative role of marketing practices on diet and obesity within the broader context of complex contributory factors. The brief also summarizes the current legal framework for regulating marketing directed at children; discusses voluntary, self-regulatory mechanisms; and highlights proposals to re-orient marketing practices to combat childhood obesity.
In Sickness, Health, And Cyberspace: Protecting The Security Of Electronic Private Health Information, Sharona Hoffman, Andy Podgurski
In Sickness, Health, And Cyberspace: Protecting The Security Of Electronic Private Health Information, Sharona Hoffman, Andy Podgurski
ExpressO
The electronic processing of health information provides considerable benefits to patients and health care providers at the same time that it creates serious risks to the confidentiality, integrity, and availability of the data. The Internet provides a conduit for rapid and uncontrolled dispersion and trafficking of illicitly-obtained private health information, with far-reaching consequences to the unsuspecting victims. In order to address such threats to electronic private health information, the U.S. Department of Health and Human Services enacted the HIPAA Security Rule, which thus far has received little attention in the legal literature. This article presents a critique of the Security …
A Closer Look At The Medicare Part D Low–Income Benchmark Premium: How Low Can It Go?, Mary Ellen Stahlman
A Closer Look At The Medicare Part D Low–Income Benchmark Premium: How Low Can It Go?, Mary Ellen Stahlman
National Health Policy Forum
This issue brief explains how the Medicare Part D low–income benchmark premium is calculated, what factors influence the level of the low-income benchmark premium in any given year, and the implications of the benchmark amount for Medicare drug plans and beneficiaries as it changes from year to year. The paper provides a simplified, two-year example of how the low-income benchmark premium is calculated in order to illustrate the key factors that influence it.
Oy Canada! Trade's Non-Solution To "The Problem" Of U.S. Drug Prices, Daniel Gilman
Oy Canada! Trade's Non-Solution To "The Problem" Of U.S. Drug Prices, Daniel Gilman
Faculty Scholarship
Price disparities—price “differentiation” or “discrimination”—in pharmaceuticals markets have, in recent years, been the subject of much discussion. Price sensitivity should come as no surprise: Medicines play an increasingly important role in healthcare, while pharmaceuticals prices continue to rise. When prices vary greatly within markets or between neighboring markets, the pressure towards arbitrage is clear. This paper considers the question whether the re-importation of medicines from Canada or the EU is well advised and argues that it is not. First, we might reasonably question the extent to which we wish, as a matter of policy, to manage pharmaceuticals pricing; among other …
Why It Is Time To Eliminate Genomic Patents, Together With Natural Extracts Doctrine That Have Supported Such Patents, Allen K. Yu
Why It Is Time To Eliminate Genomic Patents, Together With Natural Extracts Doctrine That Have Supported Such Patents, Allen K. Yu
ExpressO
The constitutional purpose of intellectual property is to “promote the progress of science and useful arts.” Given the utilitarian basis of patents, it is critical that policies and laws must be continually adjusted to reflect the needs of new technologies. When the law tries to shield itself from rather than confront the realities of underlying technologies, patents end up actually subverting rather than promote technological progress. This paper explores why the natural extracts doctrine belongs to the class of doctrines that subvert progress. The doctrine, established over a century ago to enable the patenting of purified compounds for use as …
Premium Assistance In Medicaid And Schip: Ace In The Hole Or House Of Cards?, Cynthia Shirk, Jennifer Ryan
Premium Assistance In Medicaid And Schip: Ace In The Hole Or House Of Cards?, Cynthia Shirk, Jennifer Ryan
National Health Policy Forum
This issue brief explores the use of premium assistance in publicly financed health insurance coverage programs. In the context of Medicaid and the State Children’s Health Insurance Program (SCHIP), premium assistance entails using federal and state funds to subsidize the premiums for the purchase of private insurance coverage for eligible individuals. This paper considers the evolution of premium assistance and some of the statutory and administrative limitations, as well as private market factors, that have prevented widespread enrollment in Medicaid or SCHIP premium assistance programs. Finally, this issue brief offers some ideas for potential legislative and/or programmatic changes that could …
“Just Scanning Around” With Diagnostic Medical Ultrasound: Should States Regulate The Non-Diagnostic Uses Of This Technology?, Archie A. Alexander
“Just Scanning Around” With Diagnostic Medical Ultrasound: Should States Regulate The Non-Diagnostic Uses Of This Technology?, Archie A. Alexander
ExpressO
Recent advances in medical imaging have provided physicians with more accurate diagnostic information, which has allowed them to tailor their therapies to reduce health care costs. These recent advances have caused the New England Journal of Medicine to hail diagnostic medical imaging as one of the greatest contributions to medicine in last thousand years. Yes, modern diagnostic imaging plays a major role in medicine, especially in the case of diagnostic imaging technology. One reason this technology has assumed such a prominent position worldwide is the usage of higher sound intensities by its manufacturers for better image quality. A recent survey …
Don't Bring Me Your Tired, Your Poor: The Crowded State Of America's Emergency Departments, Jessamyn Taylor
Don't Bring Me Your Tired, Your Poor: The Crowded State Of America's Emergency Departments, Jessamyn Taylor
National Health Policy Forum
If the time comes, people expect that the emergency department (ED) will have the resources necessary to treat them in a timely, high-quality manner. Increasingly, however, EDs may not be able to meet that expectation. Hospitals in urban areas with large populations, high population growth, and higher-than-average numbers of uninsured are particularly crowded: ambulances are often diverted to other hospitals and patients are frequently forced to “board” in the hallways (while they wait to be transferred to another facility or part of the hospital). This issue brief places EDs in the context of the U.S. health care system and its …
Abortion: Ensuring Access, Sanda Rodgers, Jocelyn Downie
Abortion: Ensuring Access, Sanda Rodgers, Jocelyn Downie
Articles, Book Chapters, & Popular Press
Access to reproductive health care is essential to women’s health, and for some women, abortion is a key component of that care. But not all women in Canada have adequate, or in some cases any, access to abortion. It is important for Canadian physicians to know the facts about access to abortion so that they can better protect and promote the health of their female patients.
Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Bruno L. Costantini García
Memorias del Primer Congreso Nacional de Organismos Públicos Autonomos
Mid-Atlantic Ethics Committee Newsletter, Summer 2006
Mid-Atlantic Ethics Committee Newsletter, Summer 2006
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Drugged, Carl E. Schneider
Drugged, Carl E. Schneider
Articles
The Supreme Court's recent decision in Gonzales v. Oregon, like its decision last year in Gonzales v. Raich (the "medical marijuana" case), again raises questions about the bioethical consequences of the Controlled Substances Act. When, in 1970, Congress passed that act, it placed problematic drugs in one of five "schedules," and it authorized the U.S. attorney general to add or subtract drugs from the schedules. Drugs in schedule II have both a medical use and a high potential for abuse. Doctors may prescribe such drugs if they "obtain from the Attorney General a registration issued in accordance with the …
The Electronic Health Record In Practice: Why, How, And What Next?, Lisa Sprague, Sally Coberly
The Electronic Health Record In Practice: Why, How, And What Next?, Lisa Sprague, Sally Coberly
National Health Policy Forum
This local site visit was intended to allow participants to observe the electronic health record (EHR) as used in practice by two U.S. leaders in technology and quality, the Veterans Health Administration (VHA) and Kaiser Permanente (KP). The VHA has employed an EHR system since 1997; KP is in the process of implementing a standard system for all clinicians nationwide. The site visit was designed to provide an opportunity for participants to explore both the expected benefits from EHR adoption and the specific lessons these two large, integrated delivery systems have learned in their transition from paper to electronic records. …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Recombinant Proteins Containing Repeating Units, Qi Wang, Zhonghon Guan, Brendan O. Baggot, Kristen Hadfield, Jianmin Zhao, Janice Edwards
Recombinant Proteins Containing Repeating Units, Qi Wang, Zhonghon Guan, Brendan O. Baggot, Kristen Hadfield, Jianmin Zhao, Janice Edwards
Brendan O. Baggot
Methods for the production of recombinant proteins containing repeating units are disclosed. Also disclosed are methods for the production of degenerate polynucleotides encoding said recombinant proteins. In addition, polypeptides and polynucleotides produced by the methods of current invention are also disclosed.
Till Death Do Us Part: Marriage, Hiv/Aids And The Law In Zimbabwe, Slyvia Chirawu
Till Death Do Us Part: Marriage, Hiv/Aids And The Law In Zimbabwe, Slyvia Chirawu
ExpressO
Lying in Sub Saharan Africa, the epicenter of the HIV/AIDS epidemic, Zimbabwe has grappled since 1985 to prevent and mitigate the impact of HIV/AIDS. Statistics point out to one glaring factor- the disproportionate impact of HIV/AIDS on women and in the case of Zimbabwe married women. Laws, policies and practices in relation to marriage predispose married women to HIV/AIDS infection. The answer to protecting women does not lie entirely in the law but in transformative gender equality.
Zimbabwe has two types of recognized marriages and the third type , the unregistered customary law union is given limited recognition. The thread …
National Institutes Of Health State-Of-The-Science Conference Statement: Cesarean Delivery On Maternal Request, Karen H. Rothenberg
National Institutes Of Health State-Of-The-Science Conference Statement: Cesarean Delivery On Maternal Request, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Tobacco Regulation Review, V. 5, No. 1, June 2006
Tobacco Regulation Review, V. 5, No. 1, June 2006
Tobacco Regulation Review
No abstract provided.