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Articles 1 - 30 of 49
Full-Text Articles in Law
Systemic Failures In Health Care Oversight, Julie L. Campbell
Systemic Failures In Health Care Oversight, Julie L. Campbell
Georgia Law Review
Hospitals are intentionally shirking their duty to identify and report incompetent medical practitioners, and it is causing catastrophic injuries to patients. Why are hospitals doing this? Two decades of health care reforms have changed the way physicians and hospitals interact in the U.S. health care system, and as a result, the traditional health care oversight tools no longer work to ensure physician competence. With three out of four physicians now employees of hospitals or health care systems, hospitals have become the guardians of both the internal and external warning systems designed to flag incompetent practitioners. As the guardians, hospitals are …
Biased But Reasonable: Bias Under The Cover Of Standard Of Care, Maytal Gilboa
Biased But Reasonable: Bias Under The Cover Of Standard Of Care, Maytal Gilboa
Georgia Law Review
Inequities in the distribution of healthcare are widely acknowledged to plague the United States healthcare system. Controversies as to whether anti-discrimination law allows individuals to bring lawsuits with respect to implicit rather than intentional bias render negligence law an important avenue for redressing harms caused by implicit bias in medical care. Yet, as this Article argues, the focus of negligence law on medical standards of care to define the boundaries of healthcare providers’ legal duty of care prevents the law from adequately deterring implicit bias and leaves patients harmed by biased treatment decisions without redress for their losses, so long …
Telemedicine Across Borders: Entrenched Issues Exposed By Covid-19, Richmond B. Wrinkle
Telemedicine Across Borders: Entrenched Issues Exposed By Covid-19, Richmond B. Wrinkle
Georgia Journal of International & Comparative Law
No abstract provided.
Hiv No Longer A Death Sentence But Still A Life Sentence: The Constitutionality Of Hiv Criminalization Under The Eighth Amendment, Lauren Taylor
Hiv No Longer A Death Sentence But Still A Life Sentence: The Constitutionality Of Hiv Criminalization Under The Eighth Amendment, Lauren Taylor
Georgia Law Review
When the HIV/AIDS epidemic began in the 1980s in the United States, there was mass confusion and hysteria regarding HIV transmission and prevention, leading many states to enact HIV criminalization statutes to prosecute persons living with HIV who either exposed another person to HIV or put someone in danger of being exposed to HIV. Yet, almost forty years later, these statutes are still used to criminalize and control the behaviors of people living with HIV, and in some cases, impose lengthy prison sentences hinging on the possibility of exposure. These HIV criminalization statutes and subsequent criminal cases often do not …
Systems Thinking And Global Health Governance, Elsie Hayford, Marice Ashe
Systems Thinking And Global Health Governance, Elsie Hayford, Marice Ashe
Georgia Journal of International & Comparative Law
No abstract provided.
Immunization Governance Challenges Exposed By Covid-19: Missing Standards In Vacccine Surveillance And Adverse Events Following Immunization (Aefis), Shawn H.E. Harmon, David Faour
Immunization Governance Challenges Exposed By Covid-19: Missing Standards In Vacccine Surveillance And Adverse Events Following Immunization (Aefis), Shawn H.E. Harmon, David Faour
Georgia Journal of International & Comparative Law
No abstract provided.
Excluding Non-Citizens From The Social Safety Net, Wendy E. Parmet
Excluding Non-Citizens From The Social Safety Net, Wendy E. Parmet
Georgia Journal of International & Comparative Law
No abstract provided.
Buffering Against Vicissitudes: The Role Of Social Insurance In The Covid-19 Pandemic And In Maintaining Economic Stability, Renée M. Landers
Buffering Against Vicissitudes: The Role Of Social Insurance In The Covid-19 Pandemic And In Maintaining Economic Stability, Renée M. Landers
Georgia Journal of International & Comparative Law
No abstract provided.
Re-Imagining Possibilities Of Governance For Global Health, Alicia Ely Yamin
Re-Imagining Possibilities Of Governance For Global Health, Alicia Ely Yamin
Georgia Journal of International & Comparative Law
No abstract provided.
Introduction: The Future Of Global Health Governance, Elizabeth Weeks, Anish Patel
Introduction: The Future Of Global Health Governance, Elizabeth Weeks, Anish Patel
Georgia Journal of International & Comparative Law
No abstract provided.
Bring The Masks And Sanitizer: The Surprising Bipartisan Consensus About Safety Measures For In-Person Voting During The Coronavirus Pandemic, Joshua A. Douglas, Michael A. Zilis
Bring The Masks And Sanitizer: The Surprising Bipartisan Consensus About Safety Measures For In-Person Voting During The Coronavirus Pandemic, Joshua A. Douglas, Michael A. Zilis
Georgia Law Review
Requiring masks at the polls might implicate a clash
between two vital rights: the constitutional right to vote and the
right to protect one’s health. Yet the debate during the 2020
election over requirements to wear a mask at the polls obscured
one key fact: a majority of Americans supported a mask
mandate for voting. That is the new insight we provide in this
Essay: when surveyed, Americans strongly supported safety
measures for in-person voting, and that support was high
regardless of partisanship. One implication of our results is
that by making some widely supported safety modifications,
state election officials …
Off With Their Heads! How China's Controversial Human Head-Transplant Procedure Exceeds The Parameters Of International Ethical Standards In Human Experimentation, Deena Agamy
Georgia Journal of International & Comparative Law
No abstract provided.
Tacos, Tequila, And Tainted Alcohol? An Examination Of The Tainted Alcohol Problem In Mexico And What It Means For The American Tourist, Tammy Le
Georgia Journal of International & Comparative Law
No abstract provided.
Regulatory Response To E-Cigarettes, Morgan Johnson
Regulatory Response To E-Cigarettes, Morgan Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
Let Your Conscience Be Your Guide: Comparing And Contrasting Washington's Death With Dignity Act And Pharmacy Regulations After The Ninth Circuit's Decision In Stormans, Inc. V. Wiesman, Jared B. Magnuson
Georgia Law Review
In 2015, the Ninth Circuit held in Stormans, Inc. v.
Wiesmani that the Christian owners of a pharmacy in
Washington who objected to carrying and distributing
emergency contraception because it conflicted with their
religious beliefs must distribute those drugs under the
state's pharmacy regulations. Washington's
Pharmacist Responsibility Rule and Delivery Rule
require pharmacy owners to carry and distribute
emergency contraception but do not allow any
exemptions for owners or pharmacists who object to
doing so for conscience reasons. At the same time,
Washington's Death with Dignity Act makes physician-
assisted suicide legal in the state and contains a broad
exemption …
"Playing God?": An Examination Of The Legality Of Crispr Germline Editing Technology Under The Current International Regulatory Scheme And The Universal Declaration On The Human Genome And Human Rights, Brooke Elizabeth Hrouda
"Playing God?": An Examination Of The Legality Of Crispr Germline Editing Technology Under The Current International Regulatory Scheme And The Universal Declaration On The Human Genome And Human Rights, Brooke Elizabeth Hrouda
Georgia Journal of International & Comparative Law
No abstract provided.
Implementing The International Health Regulations (2005) With Search Engine-Based Syndromic Surveillance, Ryan Sullivan
Implementing The International Health Regulations (2005) With Search Engine-Based Syndromic Surveillance, Ryan Sullivan
Georgia Journal of International & Comparative Law
No abstract provided.
Charting The Middle Course: An Argument For Robust But Well-Tailored Health Care Discrimination Protection For The Transgender Community, John E. Farmer
Charting The Middle Course: An Argument For Robust But Well-Tailored Health Care Discrimination Protection For The Transgender Community, John E. Farmer
Georgia Law Review
Section 1557 of the Patient Protection and Affordable
Care Act offers sweeping discriminationprotections for
patients, applicable to both health insurers and health
care providers who receive federal funding or are
subject to federal administration. Placing itself in the
canon of federal antidiscriminationlaws, Section 1557
incorporates Title IX of the Education Amendments of
1972 to prohibit discrimination on the basis of sex.
Just how sweeping this aspect of Section 1557s
prohibitions is has been the subject of controversy
exemplified in litigation in the federal courts, as well as
in the starkly contrasting views of two presidential
administrations. The Department of Health …
Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey
Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey
Georgia Journal of International & Comparative Law
No abstract provided.
Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement, Jill T. Hauserman
Georgia Journal of International & Comparative Law
No abstract provided.
Impeding Access To Quality Patient Care And Patient Rights: How Myriad Genetics' Gene Patents Are Unknowingly Killing Cancer Patients And How To Calm The Ripple Effect, Marisa Noelle Pins
Impeding Access To Quality Patient Care And Patient Rights: How Myriad Genetics' Gene Patents Are Unknowingly Killing Cancer Patients And How To Calm The Ripple Effect, Marisa Noelle Pins
Journal of Intellectual Property Law
No abstract provided.
Corporate Power Unbound: Investorstate Arbitration Of Ip Monopolies On Medicines—Eli Lilly V. Canada And The Trans-Pacific Partnership Agreement, Brook K. Baker, Katrina Geddes
Corporate Power Unbound: Investorstate Arbitration Of Ip Monopolies On Medicines—Eli Lilly V. Canada And The Trans-Pacific Partnership Agreement, Brook K. Baker, Katrina Geddes
Journal of Intellectual Property Law
No abstract provided.
The Health Impact Fund Proposal: Application In The United States' Era Of Comparative Effectiveness, Katherine Jeanne Racz
The Health Impact Fund Proposal: Application In The United States' Era Of Comparative Effectiveness, Katherine Jeanne Racz
Journal of Intellectual Property Law
No abstract provided.
What Is (And Isn't) Healthism?, Jessica L. Roberts, Elizabeth W. Leonard
What Is (And Isn't) Healthism?, Jessica L. Roberts, Elizabeth W. Leonard
Georgia Law Review
What does it mean to discriminateon the basis of health status? Health can, of course, speak to a number of things, such as the length of our lives, our ability to perform mentally and physically, our need for health care, and our risk of injury and incapacity. But the mere relevance of a particular attribute does not mean that considering it should be legally permissible. This Article explores when differentiating on the basis of health is acceptable- perhaps even desirable-and, by contrast, when it is normatively problematic. While we acknowledge that differentiations on the basis of health status can be …
Poached Eggs: The Misclassification Of Egg Donors As Independent Contractors And How Egg Donors Can Contribute To The Argument For A New Category Of Worker-The Dependent Contractor, Carol L. Williamson
Poached Eggs: The Misclassification Of Egg Donors As Independent Contractors And How Egg Donors Can Contribute To The Argument For A New Category Of Worker-The Dependent Contractor, Carol L. Williamson
Georgia Law Review
As the growth in demand for egg donors is met with an
increasing number of women willing to supply their eggs,
changes need to be made to the way egg donors, and other
similarly situated workers, are classified in the
employment context. Most donor contracts are employer-
created forms that designate the donors as independent
contractors and thus spare the clinic the duty of providing
employment benefits. Unlike other on-demand service
providers, such as Uber-drivers, that have recently sought
re-classification as employees, women who donate eggs are
subject to physically invasive procedures and long-term
health risks that particularly obviate the …
Finders Keepers, Or Finders Weepers? A Proposed Answer To A Question Raised By Myriad Genetics, Jingshi Shi
Finders Keepers, Or Finders Weepers? A Proposed Answer To A Question Raised By Myriad Genetics, Jingshi Shi
Journal of Intellectual Property Law
No abstract provided.
Trade Secret Rising: Protecting Equivalency Test Research And Development Investments After Momenta V. Amphastar, Hannah-Alise Rogers
Trade Secret Rising: Protecting Equivalency Test Research And Development Investments After Momenta V. Amphastar, Hannah-Alise Rogers
Journal of Intellectual Property Law
No abstract provided.
Table Of Contents, Vol. 22:1, Journal Of Intellectual Property Law
Table Of Contents, Vol. 22:1, Journal Of Intellectual Property Law
Journal of Intellectual Property Law
No abstract provided.
Private Investment And Public Health, David Gartner
Private Investment And Public Health, David Gartner
Georgia Journal of International & Comparative Law
Related to Georgia Journal of International and Comparative Law Conference: The New Roles of Corporations in Global Governance
Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, Georgia Journal Of International And Comparative Law
Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.