Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Saint Louis University School of Law (21)
- Case Western Reserve University School of Law (15)
- Seattle University School of Law (11)
- St. Mary's University (11)
- Fordham Law School (10)
-
- Loyola University Chicago, School of Law (10)
- Touro University Jacob D. Fuchsberg Law Center (10)
- Pepperdine University (9)
- University of Washington School of Law (9)
- Brooklyn Law School (8)
- Maurer School of Law: Indiana University (8)
- Schulich School of Law, Dalhousie University (8)
- University of Michigan Law School (8)
- University of Georgia School of Law (7)
- Cleveland State University (6)
- Maurice A. Deane School of Law at Hofstra University (5)
- The University of Akron (5)
- UIC School of Law (5)
- University of Miami Law School (5)
- Vanderbilt University Law School (5)
- Northwestern Pritzker School of Law (4)
- Pace University (4)
- West Virginia University (4)
- The Catholic University of America, Columbus School of Law (3)
- University of Richmond (3)
- William & Mary Law School (3)
- Florida State University College of Law (2)
- Loyola Marymount University and Loyola Law School (2)
- Mercer University School of Law (2)
- North Carolina Central University School of Law (2)
- Keyword
-
- Affordable Care Act (13)
- Burwell (10)
- Health care (10)
- Healthcare (10)
- Health (9)
-
- Medicaid (9)
- Aging (8)
- King (8)
- Longevity (8)
- ACA (7)
- Canada (7)
- Supreme Court (7)
- St. Mary’s Law Journal (6)
- St. Mary’s University School of Law (6)
- Touro (6)
- Administrative law (5)
- Chevron (5)
- Health law (5)
- Hospital (5)
- Intellectual property (5)
- Medical malpractice (5)
- Pharmaceuticals (5)
- FDA (4)
- Health insurance (4)
- Liability (4)
- Medicare (4)
- Patient Protection and Affordable Care Act (4)
- Public health (4)
- Regulation (4)
- Women's health (4)
- Publication
-
- Saint Louis University Journal of Health Law & Policy (21)
- Health Matrix: The Journal of Law-Medicine (15)
- St. Mary's Law Journal (11)
- Annals of Health Law and Life Sciences (10)
- Fordham Urban Law Journal (10)
-
- Pepperdine Law Review (9)
- Washington Law Review (9)
- Dalhousie Law Journal (8)
- Journal of Aging, Longevity, Law, and Policy (8)
- Seattle Journal for Social Justice (8)
- Journal of Law and Health (6)
- Akron Intellectual Property Journal (5)
- Hofstra Law Review (5)
- Indiana Law Journal (5)
- Brooklyn Law Review (4)
- Vanderbilt Journal of Entertainment & Technology Law (4)
- West Virginia Law Review (4)
- Catholic University Law Review (3)
- Indiana Journal of Global Legal Studies (3)
- Journal of Intellectual Property Law (3)
- Pace Law Review (3)
- Seattle University Law Review (3)
- UIC Law Review (3)
- University of Miami Law Review (3)
- Brooklyn Journal of International Law (2)
- Florida State University Law Review (2)
- Georgia Journal of International & Comparative Law (2)
- Georgia Law Review (2)
- Journal of Law and Policy (2)
- Journal of Legislation (2)
Articles 181 - 210 of 240
Full-Text Articles in Law
North Carolina State Board Of Dental Examiners V. Ftc: Aligning Antitrust Law With Commerce Clause Jurisprudence Through A Natural Shift Of State-Federal Balance Of Power, Marie Forney
Indiana Law Journal
The Supreme Court’s holding in North Carolina State Board of Dental Examiners v. FTC (NC Dental)1 in February 2015 demonstrates a natural shift in the balance of power from the states to the national government. As the country’s interstate and international economy has become more integrated, federal authority has likewise expanded.2 And although the federalism dichotomy has undergone periodic back-and-forth “swings” since the nation’s founding, the end result has been a net increase in federal power. NC Dental exemplifies this trend toward increasing national au-thority through the organic development of interstate commerce.
Ps V Ontario: Rethinking The Role Of The Charter In Civil Commitment, Isabel Grant, Peter J. Carver
Ps V Ontario: Rethinking The Role Of The Charter In Civil Commitment, Isabel Grant, Peter J. Carver
Osgoode Hall Law Journal
In PS v Ontario, the Ontario Court of Appeal held that section 7 of the Charter requires that persons who are civilly committed for six months or more must have access to meaningful review over the conditions of their detention. In this paper, the authors argue that the decision has broad implications for provincial civil commitment regimes across the country. In particular, the Court’s analogy to the Criminal Code Review Board jurisprudence opens the door to a fuller recognition of the profound deprivation of liberty involved in civil commitments. An expanded role for civil review tribunals may be required, including …
Obstetric Fistula - A Menace To Maternal Health: Does Fidelity To Country Obligations Under The Millennium Development Goals And Human Rights Regimes Provide An Antidote?, Obiajulu Nnamuchi, Edwin Ezike, Jude Odinkonigbo
Obstetric Fistula - A Menace To Maternal Health: Does Fidelity To Country Obligations Under The Millennium Development Goals And Human Rights Regimes Provide An Antidote?, Obiajulu Nnamuchi, Edwin Ezike, Jude Odinkonigbo
Annals of Health Law and Life Sciences
No abstract provided.
340b Bedfellows: How Community Health Centers Can Successfully Contract With Chain Pharmacies To Expand Access To Needed Medicine, Kathryn R. Watson
340b Bedfellows: How Community Health Centers Can Successfully Contract With Chain Pharmacies To Expand Access To Needed Medicine, Kathryn R. Watson
Annals of Health Law and Life Sciences
No abstract provided.
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
Speculating About The Impact Of Healthcare Industry Consolidation On Long-Term Services And Supports, Marshall B. Kapp
Speculating About The Impact Of Healthcare Industry Consolidation On Long-Term Services And Supports, Marshall B. Kapp
Annals of Health Law and Life Sciences
No abstract provided.
Health Insurer Merger Frenzy: How The Continued Arms Race Will Disrupt Traditional Market Roles, Erin E. Dine, Marykathryn Hurd
Health Insurer Merger Frenzy: How The Continued Arms Race Will Disrupt Traditional Market Roles, Erin E. Dine, Marykathryn Hurd
Annals of Health Law and Life Sciences
No abstract provided.
Issues And Challenges: The Development Of Fair And Equitable Health Policy, Rachele Hendricks-Sturrup
Issues And Challenges: The Development Of Fair And Equitable Health Policy, Rachele Hendricks-Sturrup
Internet Journal of Allied Health Sciences and Practice
Public health policy/law is a discipline that seeks to identify opportunities and implement mechanisms to achieve justice in the public health sector. Several public health policies and programs have been implemented by virtue of the Affordable Care Act (ACA), and these policies and programs seek to decrease America’s “paradox of excess and deprivation” and address socioeconomic barriers that exist in the U.S. healthcare system. Private healthcare market interests have accused the ACA of intruding heavily into the professional autonomy of the medical profession, eroding healthcare market competition, and driving up national healthcare spending. Counter-arguments defending the ACA state that the …
Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo
Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo
St. Mary's Law Journal
Abstract Forthcoming.
Privacy And Accountability In Black-Box Medicine, Roger Allan Ford, W. Nicholson Price Ii
Privacy And Accountability In Black-Box Medicine, Roger Allan Ford, W. Nicholson Price Ii
Michigan Telecommunications & Technology Law Review
Black-box medicine—the use of big data and sophisticated machine-learning techniques for health-care applications—could be the future of personalized medicine. Black-box medicine promises to make it easier to diagnose rare diseases and conditions, identify the most promising treatments, and allocate scarce resources among different patients. But to succeed, it must overcome two separate, but related, problems: patient privacy and algorithmic accountability. Privacy is a problem because researchers need access to huge amounts of patient health information to generate useful medical predictions. And accountability is a problem because black-box algorithms must be verified by outsiders to ensure they are accurate and unbiased, …
The World Of The Dead, The Right Of Sepulcher And The Power Of Information, Katherine Calderon
The World Of The Dead, The Right Of Sepulcher And The Power Of Information, Katherine Calderon
Touro Law Review
No abstract provided.
Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez
Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez
St. Mary's Law Journal
Abstract Forthcoming.
Use It Or Lose It: Grappling With Classification Of Post-Petition Sale Proceeds Under Chapter Seven Bankruptcy For Consumer Debtors In The Lone Star State., Danielle Nicole Rushing
Use It Or Lose It: Grappling With Classification Of Post-Petition Sale Proceeds Under Chapter Seven Bankruptcy For Consumer Debtors In The Lone Star State., Danielle Nicole Rushing
St. Mary's Law Journal
Texas affords consumer debtors some of the most generous state bankruptcy exemptions in the United States. This includes the homestead exemption, which permits consumer debtors to exempt a homestead of unlimited value from forced sale, subject to certain enumerated exceptions. Bankruptcy courts throughout the state are grappling with how to characterize proceeds from the sale of an exempted homestead once a consumer debtor files a Chapter Seven bankruptcy petition. Specifically, courts consider whether a debtor may personally retain funds from the sale of a homestead or whether a Chapter Seven Trustee should receive the sale proceeds on behalf of the …
The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott
The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott
St. Mary's Law Journal
When lawyers are well prepared, know the law, present the law, and have it ignored by judges who interpret the law in their own way, it can be frustrating. When courts publish opinions embodying this attitude, students, too, become frustrated or conclude that the law is whatever judges decide it should be. This Article does not focus on unethical judges who decide cases with wrong motives but, rather, it focuses on ethical judges who are faced with “hard” cases and have the dilemma of deciding the case, either by the rule or by the judge’s concept of fairness. In both …
From Rights To Dignity: Drawing Lessons From Aid In Dying And Reproductive Rights, Yvonne Lindgren
From Rights To Dignity: Drawing Lessons From Aid In Dying And Reproductive Rights, Yvonne Lindgren
Utah Law Review
The transformation of AID from a constitutional rights frame to a healthcare frame highlights the importance of developing a healthcare model related to dignity that isundergirded by social support, legal rights and healthcare access. However, the history of the abortion right cautions against narrowly identifying healthcare within the confines of the individual doctor-patient relationship because it risks subordinating the decisional autonomy of patients to the decision-making of their doctors. Taken together, these movements gesture toward situating rights within a healthcare framing that considers how social, political and economic systems and relationships come to bear upon decision-making. I conclude that while …
The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen
The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen
St. Mary's Law Journal
Abstract Forthcoming.
Ford V. State: Texas Forces A Resolution In The Cell Site Location Information Debate., Brandon J. Grable
Ford V. State: Texas Forces A Resolution In The Cell Site Location Information Debate., Brandon J. Grable
St. Mary's Law Journal
Abstract Forthcoming.
When Fantasy Becomes Reality: Attempts To Regulate The Highly Unregulated Daily Fantasy Sports Industry., Garrett Greene
When Fantasy Becomes Reality: Attempts To Regulate The Highly Unregulated Daily Fantasy Sports Industry., Garrett Greene
St. Mary's Law Journal
Legislation is beginning to creep into the once safeguard-devoid sphere of the daily fantasy sports industry. Daily fantasy sports are a subset of traditional season-long fantasy sports and are immensely lucrative, yet there are hardly any standard regulations. Ironically, the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006, which was used to outlaw online poker gambling, paved the way for daily fantasy sports, because it federally exempted fantasy sports from being classified as illegal sports gambling. The UIGEA further protects daily fantasy sports from the Professional and Amateur Sports Prohibition Act (PASPA) of 1992 which prohibits states from sponsoring sports …
X-Factoring: Why The Texas Supreme Court Should Revisit Its Examination Of Paid Or Incurred Medical Expenses, Zachary J. Lee
X-Factoring: Why The Texas Supreme Court Should Revisit Its Examination Of Paid Or Incurred Medical Expenses, Zachary J. Lee
St. Mary's Law Journal
Abstract forthcoming.
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit
Journal of Law and Policy
In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science, and commerce. These two cases exemplified the debate regarding domestic surrogacy—a debate that has now been raging for decades. A new ethical and legal debate …
The Patenting Of Gene Based Diagnostic Assays In A Post Mayo And Myriad World, 16 J. Marshall Rev. Intell. Prop. L. 1 (2016), Michael Sanzo
The Patenting Of Gene Based Diagnostic Assays In A Post Mayo And Myriad World, 16 J. Marshall Rev. Intell. Prop. L. 1 (2016), Michael Sanzo
UIC Review of Intellectual Property Law
Recent advances in biotechnology have given researchers the ability to comprehensively examine the genetic basis of disease in unprecedented ways and will undoubtedly result in many new and valuable gene based diagnostic assays in the near future. These advances came during a period of roughly thirty years during which the patent eligibility of such assays was essentially unquestioned. Then, beginning in 2010, the Supreme Court embarked on a series of decisions that will, in almost all cases, preclude the patenting of diagnostic assays that rely on genetic mutations or gene expression patterns. This article suggests that reason that the issue …
Give Them A Reason They Can Understand: An Examination Of Rhode Island's Medicaid Ineligibility Notices To The State's Most Vulnerable Populations, Laura Pickering
Give Them A Reason They Can Understand: An Examination Of Rhode Island's Medicaid Ineligibility Notices To The State's Most Vulnerable Populations, Laura Pickering
Roger Williams University Law Review
No abstract provided.
The Guardian Ad Litem As The Child's Privilege Holder, Starla Doyal
The Guardian Ad Litem As The Child's Privilege Holder, Starla Doyal
University of Colorado Law Review
Children in therapy have a strong interest in maintaining the confidentiality of communications with their therapists. Without the assurance of confidential communications, children may not be as open with their therapists, which can make therapy less effective. Although children have privilege rights to their psychotherapist-patient communications just as adults do, their parents generally hold and exercise that privilege. Many courts have recognized that a parent should not hold a child's privilege when the parent and child have divergent interests. This raises the question of who should hold the privilege in the parent's place. In L.A.N. v. L.M.B., the Colorado Supreme …
Masthead, Volume 26
The Pregnancy Penalty, Michele Goodwin
The Pregnancy Penalty, Michele Goodwin
Health Matrix: The Journal of Law-Medicine
Punishing pregnant women increasingly serves as a litmus test in political discourse, inviting more than a metaphor about state sanctioned violence targeted at women. In 2016, candidates for the United States presidency threatened to defund Planned Parenthood if elected and a leading candidate promised he would "punish" pregnant women who seek abortions. Other presidential candidates urged that even victims of rape and incest should be forced to carry their pregnancies to term, imposing yet another penalty or strike against sexually violated women and girls. Local legislatures and governors show equal contempt for and desire to penalize women in the United …
Hobby Lobby, Birth Control, And Our Ongoing Cultural Wars: Pleasure And Desire In The Crossfires, Robin West
Hobby Lobby, Birth Control, And Our Ongoing Cultural Wars: Pleasure And Desire In The Crossfires, Robin West
Health Matrix: The Journal of Law-Medicine
The article examines the political, legal and constitutional challenges related to Birth control laws in the U.S. It discusses Supreme Court jurisprudence, such as Burwell v. Hobby Lobby Stores Inc. and birth control drug law and treatments.
Genetic Essentialism In Family Law, Jennifer S. Hendricks
Genetic Essentialism In Family Law, Jennifer S. Hendricks
Health Matrix: The Journal of Law-Medicine
This is an essay exploring the costs of relying on genetic essentialism in family law in the United States. It discusses mandatory genetic testing of every child at birth; a need of an alternative way of thinking about biological parenthood; and the New York court case Fasano v. Perry-Rodger.
The “Uberization” Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology’S Impact On The Medical Profession, Fazal Khan
Health Matrix: The Journal of Law-Medicine
The article examines the potential of mobile health to transform the delivery of healthcare through allowing non-physicians providing care independent of physicians and outside of traditional clinics and hospitals in the United States. It discusses licensing and scope of practice laws from large information technology (IT) corporations.
First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, Rene F. Najera, Dorit R. Reiss
First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, Rene F. Najera, Dorit R. Reiss
Health Matrix: The Journal of Law-Medicine
The article discusses the how immunizing health care worker can help protecting vulnerable patients and mandatory vaccination of health care workers in New Jersey (Valent v. Board of Review, Department of Labor).
The Constitutionality Of Solitary Confinement: Insights From Maslow’S Hierarchy Of Needs, Lindley A. Bassett
The Constitutionality Of Solitary Confinement: Insights From Maslow’S Hierarchy Of Needs, Lindley A. Bassett
Health Matrix: The Journal of Law-Medicine
The article examines the Eighth Amendment and solitary confinement in the United States, in particular, the tenth circuit court decision in Silverstein v. Federal Bureau of Prisons, and possible solutions.