Law Commons^™

Symposium: The Future Of Food Regulation -- Introduction, Wendy E. Wagner

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Environmental Role Of Agriculture In An Era Of Carbon Caps, Donald T. Hornstein

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Medical Decision Making By And On Behalf Of Adolescents: Reconsidering First Principles, B. Jessie Hill

Faculty Publications

The school nurse cannot give your teenage daughter an aspirin for her headache without your permission, but that same daughter can get an abortion without even informing you. Or can she? The obligations on medical personnel providing care to adolescents are famously indeterminate.

Two common-law presumptions have long lurked in the background, but, far from elucidating matters, those presumptions have contributed to the state of confusion. The first presumption is that, absent any special rule, children lack the legal authority to consent to medical treatment on their own. A parallel and corresponding presumption is that parents have a legal entitlement …

Professional Power And The Standard Of Care In Medicine, Maxwell J. Mehlman

Faculty Publications

Since before the founding of the Republic, American medicine has been fighting a war to control the standard of care that physicians are expected to provide to their patients. It has waged battles on two fronts: against internal disagreements within the profession over what constitutes proper care, and against attempts to delineate the standard of care by forces outside the profession, such as private health insurers, the government, and the judicial system.

Drug-Drug Interaction Alerts: Emphasizing The Evidence, Sharona Hoffman, Andy Podgurski

Faculty Publications

Many analysts and users of contemporary clinical decision support ("CDS") systems have expressed grave concerns about the technology’s efficacy and functionality. Alerts generated by CDS systems are often inaccurate, and an excess of alerts leads some physicians to experience "alert fatigue" and to turn off CDS altogether. This article formulates recommendations to improve drug-drug interaction (DDI) alerts.

The paper comments upon a proposal by Susan Ridgely and Michael Greenberg, who call for the development of a consensus-based "clinically significant drug-drug interaction list" that could generate limited liability protection for users. We argue that instead of creating a list of always-contraindicated …

Introduction - Symposium Issue On Health Data Security Systems, Sharona Hoffman

Faculty Publications

Introduction to the Health Data Security System symposium 2012 Huston, TX.

The Drugs Stop Here: A Public Health Framework To Address The Drug Shortage Crisis, Sharona Hoffman

Faculty Publications

Drug shortages are emerging as a major public health threat. Grave concern has been expressed by the medical community and government officials, and the crisis has been highlighted in recent media stories. Nevertheless, little has been written to date in the legal literature about the drug shortage crisis, and this timely article begins to fill this gap. It provides a thorough analysis of the origins and implications of the drug shortage problem and formulates a multi-layered approach to addressing it. The article argues that drug shortages result from a combination of market failures and regulatory constraints. It proposes a blend …

What Is The Meaning Of Health? Constitutional Implications Of Defining 'Medical Necessity' And 'Essential Health Benefits' Under The Affordable Care Act, B. Jessie Hill

Faculty Publications

One consequence of the Affordable Care Act (ACA) is that government will come to play a more extensive role in healthcare decision-making by individuals and their providers. The ACA does not directly regulate access to health services, but by means of a system of funding, mandates, and penalties, it essentially requires many employers to provide, and most individuals to carry, a certain minimum level of health insurance. Governmental decisions about which medical services qualify as medically necessary and appropriate may take on a new and greater importance, because government officials will be required to decide what sorts of procedures must …

The Individual Mandate And The Taxing Power, Erik M. Jensen

Faculty Publications

This article, prepared for a symposium at the Salmon P. Chase College of Law, Northern Kentucky University, considers whether the Taxing Clause provides an alternative constitutional basis, as some have recently argued, for the individual mandate in the Patient Protection and Affordable Care Act of 21 - the requirement, going into effect in 214, that most individuals acquire satisfactory health insurance or pay a penalty. The article concludes that the Taxing Clause arguments are misguided. At best, the Clause can provide authority for the penalty, not for the mandate as a whole. Furthermore, the article questions whether the penalty will …

Balancing Privacy, Autonomy, And Scientific Needs In Electronic Health Records Research, Sharona Hoffman, Andy Podgurski

Faculty Publications

The ongoing transition from paper medical files to electronic health records will provide unprecedented amounts of data for biomedical research, with the potential to catalyze significant advances in medical knowledge. But this potential can be fully realized only if the data available to researchers is representative of the patient population as a whole. Thus, allowing individual patients to exclude their health information, in keeping with traditional notions of informed consent, may compromise the research enterprise and the medical benefits it produces.

This Article analyzes the tension between realizing societal benefits from medical research and granting individual preferences for privacy. It …

Preserving Human Potential As Freedom: A Framework For Regulating Epigenetic Harms, Fazal Khan

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 22 Issue 1 (2012), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Rehabilitating Opioid Regulation: A Prescription For The Fda's Next Proposal Of An Opioid Risk Evaluation And Mitigation Strategy (Rems), Hilary Homenko

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Medical Marijuana And The Ada: Removing Barriers To Employment For Disabled Individuals, Russell Rendall

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Catching Flies With Vinegar: A Critique Of The Centers For Medicare And Medicaid Self-Disclosure Program, Jean Wright Veilleux

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Embryonic Stem Cell-Based Therapeutics: Balancing Scientific Progress And Bioethics, Ronald Chester, Robert Sackstein

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Confidentiality Of Alcohol And Other Drug Abuse Treatment Information For Emergency Department And Trauma Center Patients, Richard C. Boldt

Health Matrix: The Journal of Law-Medicine

No abstract provided.

A Public Health Perspective On Health Care Reform, Micah L. Berman

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Food Safety Crises As Crises In Administrative Constitutionalism, Elizabeth Fisher

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 20 Issue 1 (2010)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Food Safety And Risk Governance In Globalized Markets, Sandra Hoffmann, William Harder

Health Matrix: The Journal of Law-Medicine

No abstract provided.

High Crimes, Not Misdemeanors: Deterring The Production Of Unsafe Food, Rena Steinzor

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 20 Issue 1 (2010), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Balancing Public Health And Individual Choice: A Proposal For A Federal Emergency Vaccination Law, Sara Mahmoud-Davis

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 20 Issue 2 (2010)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Enabling Responsible Public Genomics, John M. Conley, Adam K. Doerr, Daniel B. Vorhaus

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Essay: My Health Policy Nightmare, Joseph White

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Never Say Never: "Never Events" In Medicare, John Crist

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 21 Issue 1 (2011)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Federal Trade Commission's Authority To Regulate Marketing To Children: Deceptive Vs. Unfair Rulemaking, Jennifer L. Pomeranz Jd, Mph

Health Matrix: The Journal of Law-Medicine

No abstract provided.