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Full-Text Articles in Law

Life Sciences & Health Law, Carly Toepke, Katrin Hanschitz, Yevgeniya Ocheretko, Danny Shebaclo Aug 2022

Life Sciences & Health Law, Carly Toepke, Katrin Hanschitz, Yevgeniya Ocheretko, Danny Shebaclo

The Year in Review

No abstract provided.


Equal Protection And Scarce Therapies: The Role Of Race, Sex, And Other Protected Classifications, Govind Persad May 2022

Equal Protection And Scarce Therapies: The Role Of Race, Sex, And Other Protected Classifications, Govind Persad

SMU Law Review Forum

The allocation of scarce medical treatments, such as antivirals and antibody therapies for COVID-19 patients, has important legal dimensions. This Essay examines a currently debated issue: how will courts view the consideration of characteristics shielded by equal protection law, such as race, sex, age, health, and even vaccination status, in allocation? Part II explains the application of strict scrutiny to allocation criteria that consider individual race, which have been recently debated, and concludes that such criteria are unlikely to succeed under present Supreme Court precedent. Part III analyzes the use of sex-based therapy allocation criteria, which are also in current …


Video Advance Directives: Growth And Benefits Of Audiovisual Recording, Thaddeus Mason Pope Jan 2020

Video Advance Directives: Growth And Benefits Of Audiovisual Recording, Thaddeus Mason Pope

SMU Law Review

No abstract provided.


First Man And Second Woman: Reflections On The Anniversaries Of Apollo 11 And Cruzan, George J. Annas Jan 2020

First Man And Second Woman: Reflections On The Anniversaries Of Apollo 11 And Cruzan, George J. Annas

SMU Law Review

No abstract provided.


Crispr And The Future Of Fertility Innovation, June R. Carbone Jan 2020

Crispr And The Future Of Fertility Innovation, June R. Carbone

SMU Science and Technology Law Review

No abstract provided.


Consumer Protections In The Context Of Holistic Healthcare, Rachel Pauerstein Jan 2020

Consumer Protections In The Context Of Holistic Healthcare, Rachel Pauerstein

SMU Science and Technology Law Review

No abstract provided.


In Re Zhu: Implied Consent To Posthumous Sperm Retrieval, Mary Kathryn Sapp Jan 2020

In Re Zhu: Implied Consent To Posthumous Sperm Retrieval, Mary Kathryn Sapp

SMU Science and Technology Law Review

No abstract provided.


Cruzan And Surrogate Decision-Making, David Orentlicher Jan 2020

Cruzan And Surrogate Decision-Making, David Orentlicher

SMU Law Review

No abstract provided.


The Legacy Of Cruzan: Balancing The Moral Agency Of Surrogates And The State, Margie Hodges Shaw, Timothy E. Quill, Bernard L. Sussman Jan 2020

The Legacy Of Cruzan: Balancing The Moral Agency Of Surrogates And The State, Margie Hodges Shaw, Timothy E. Quill, Bernard L. Sussman

SMU Law Review

No abstract provided.


Cruzan And The “Right To Die”, Thomas Wm. Mayo Jan 2020

Cruzan And The “Right To Die”, Thomas Wm. Mayo

SMU Law Review

No abstract provided.


Cruzan’S Legacy In Autonomy, Kathy L. Cerminara Jan 2020

Cruzan’S Legacy In Autonomy, Kathy L. Cerminara

SMU Law Review

No abstract provided.


Cruzan And The Other Evidentiary Standard: A Reconsideration Of A Landmark Case Given Advances In The Classification Of Disorders Of Consciousness And The Evolution Of Disability Law, Joseph J. Fins Jan 2020

Cruzan And The Other Evidentiary Standard: A Reconsideration Of A Landmark Case Given Advances In The Classification Of Disorders Of Consciousness And The Evolution Of Disability Law, Joseph J. Fins

SMU Law Review

No abstract provided.


A History Of The Law Of Assisted Dying In The United States, Alan Meisel Jan 2020

A History Of The Law Of Assisted Dying In The United States, Alan Meisel

SMU Law Review

No abstract provided.


Beyond Cruzan: Dementia And The Best Interests Standard, Rebecca Susan Dresser Jan 2020

Beyond Cruzan: Dementia And The Best Interests Standard, Rebecca Susan Dresser

SMU Law Review

No abstract provided.


Remaking The “Right To Die”: Give Me Liberty But Do Not Give Me Death, Janet L. Dolgin Jan 2020

Remaking The “Right To Die”: Give Me Liberty But Do Not Give Me Death, Janet L. Dolgin

SMU Law Review

No abstract provided.


Patent Eligibility Of Predictive Algorithm In Second Generation Personalized Medicine, Jerry I-H Hsiao Jan 2019

Patent Eligibility Of Predictive Algorithm In Second Generation Personalized Medicine, Jerry I-H Hsiao

SMU Science and Technology Law Review

No abstract provided.


Investigating Potentially Unlawful Death Under International Law: The 2016 Minnesota Protocol, Christof Heyns, Stuart Casey-Maslen, Toby Fisher, Sarah Knuckey, Thomas Probert, Morris Tidball-Binz Jan 2019

Investigating Potentially Unlawful Death Under International Law: The 2016 Minnesota Protocol, Christof Heyns, Stuart Casey-Maslen, Toby Fisher, Sarah Knuckey, Thomas Probert, Morris Tidball-Binz

The International Lawyer

No abstract provided.


Germline Editing: Two Steps Forward, One Step Back?, Kristina Smith Jan 2018

Germline Editing: Two Steps Forward, One Step Back?, Kristina Smith

SMU Science and Technology Law Review

No abstract provided.


Telemedicine Is The New Narcotics Candy Store: Teladoc Opens The Floodgates For The Unrestricted Sale Of Dangerous Drugs, Madeleine Rosuck Jan 2018

Telemedicine Is The New Narcotics Candy Store: Teladoc Opens The Floodgates For The Unrestricted Sale Of Dangerous Drugs, Madeleine Rosuck

SMU Science and Technology Law Review

No abstract provided.


Quarantine And The Federal Role In Epidemics, Michael R. Ulrich, Wendy K. Mariner Jan 2018

Quarantine And The Federal Role In Epidemics, Michael R. Ulrich, Wendy K. Mariner

SMU Law Review

Every recent presidential administration has faced an infectious disease threat, and this trend is certain to continue. The states have primary responsibility for protecting the public’s health under their police powers, but modern travel makes diseases almost impossible to contain intrastate. How should the federal government respond in the future? The Ebola scare in the U.S. repeated a typical response—demands for quarantine. In January 2017, the Department of Health and Human Services and the Centers for Disease Control and Prevention issued final regulations on its authority to issue Federal Quarantine Orders. These regulations rely heavily on confining persons who may …


“Heal Thyself.”—An Argument For Granting Asylum To Healthcare Workers Persecuted During The 2014 West African Ebola Crisis, Bethany Echols Jan 2018

“Heal Thyself.”—An Argument For Granting Asylum To Healthcare Workers Persecuted During The 2014 West African Ebola Crisis, Bethany Echols

SMU Law Review

This article argues for a change in United States asylum policy at a time when change is needed most. Those seeking asylum must prove that they fear persecution in their home country based on one of five protected categories and that their government is the persecutor or is unable to control the actions of the persecutors. Multiple articles have recognized that the “particular social group” is the most difficult category of asylum seeker to analyze. Not only do the standards for particular social groups (PSGs) vary among circuit courts, but judicial consistency is lacking.

This article focuses on a particular …


The Faa’S Mental Health Standards: Are They Reasonable?, Katie Manworren Jan 2018

The Faa’S Mental Health Standards: Are They Reasonable?, Katie Manworren

Journal of Air Law and Commerce

No abstract provided.


New Forms Of Dialects Between Intellectual Property And Public Health: Pharmaceutical Patent-Related Investment Disputes, Valentina Vadi Jan 2015

New Forms Of Dialects Between Intellectual Property And Public Health: Pharmaceutical Patent-Related Investment Disputes, Valentina Vadi

The International Lawyer

No abstract provided.


Health Care Law, Mary Jean Geroulo Jan 2013

Health Care Law, Mary Jean Geroulo

SMU Law Review

No abstract provided.