Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- COVID-19 (2)
- Health care (2)
- Health law (2)
- Access (1)
- Adversity (1)
-
- Agglomeration economies (1)
- Artificial intelligence (1)
- Bayh-Dole (1)
- Community hospitals (1)
- Compliance (1)
- Cooperation (1)
- Department of Justice (1)
- Disease (1)
- Disinformation (1)
- Economies of scale (1)
- Enforcement (1)
- False claims act (1)
- Fines (1)
- Fraud (1)
- Fraud on the public (1)
- Health policy (1)
- Health privacy (1)
- Hipaa (1)
- Innovation (1)
- Misinformation (1)
- Mobility (1)
- Organizational Behavior (1)
- Patents (1)
- Psychology (1)
- Public health (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
Covid-19 Protocols For Ncaa Football And The Nfl: Does Collective Bargaining Produce Safer Conditions For Players?, Michael H. Leroy
Covid-19 Protocols For Ncaa Football And The Nfl: Does Collective Bargaining Produce Safer Conditions For Players?, Michael H. Leroy
Utah Law Review
My study surveyed all NCAA football programs in Power 5 conferences during the 2020 season to compare their COVID-19 safety protocols to those in the NFL-NFLPA labor agreement. College protocols lacked input from a players association. In contrast, the NFL and their players collectively bargained a seventy-two-page agreement for COVID- 19 protocols. Policies from nineteen college football programs fell far short of NFL-NFLPA standards, scoring ten to thirty points out of the forty-five safety points in the NFL labor agreement. College policies were strongest for symptom checking and cardiac evaluations. However, most college policies failed to identify players with individual …
Fraud Law And Misinfodemics, Wes Henricksen
Fraud Law And Misinfodemics, Wes Henricksen
Utah Law Review
During the COVID-19 pandemic, many on whom the public depended for truthful information purposefully or recklessly spread misinformation that put thousands at risk. The term “misinfodemic,” coined in 2019, describes such events where misinformation facilitates the spread of a disease or causes some other health-related outcome. Though the term was only recently defined, the recent misinfodemic was not a new or novel phenomenon. False information is spread to the public all the time. This often results in harm to public health. False claims are communicated by corporations seeking to mislead the public to make more money, by politicians to gain …
Public-Private Litigation For Health, Liza S. Vertinsky, Reuben A. Guttman
Public-Private Litigation For Health, Liza S. Vertinsky, Reuben A. Guttman
Utah Law Review
Public health litigation can be a powerful mechanism for addressing public health harms where alternative interventions have failed. It can draw public attention to corporate misconduct and create a public record of the actions taken and the harms done. In an ideal world, it could achieve compensation for past harms and incentivize deterrence of future misconduct. But the full public health potential of these lawsuits is rarely achieved, even when the suits are brought on behalf of federal, state, and local governments with the ostensible goal of protecting the health of the citizens. The increasing involvement of private attorneys in …
Problematic Interactions Between Ai And Health Privacy, Nicholson Price
Problematic Interactions Between Ai And Health Privacy, Nicholson Price
Utah Law Review
The interaction of artificial intelligence (AI) and health privacy is a two-way street. Both directions are problematic. This Essay makes two main points. First, the advent of artificial intelligence weakens the legal protections for health privacy by rendering deidentification less reliable and by inferring health information from unprotected data sources. Second, the legal rules that protect health privacy nonetheless detrimentally impact the development of AI used in the health system by introducing multiple sources of bias: collection and sharing of data by a small set of entities, the process of data collection while following privacy rules, and the use of …
Covid-19 And Its Impact(S) On Innovation, Clark Asay, Stephanie Plamondon Bair
Covid-19 And Its Impact(S) On Innovation, Clark Asay, Stephanie Plamondon Bair
Utah Law Review
In previous work, we explored how certain characteristics of adversity are often more conducive to innovation than others. In this Article, prepared as part of the Lee E. Teitelbaum Utah Law Review Symposium—The Law & Ethics of Medical Research, we review some of that work and apply it specifically to the COVID-19 context. We conclude by assessing certain policy implications in light of how the COVID-19 pandemic has both spurred and hindered innovation.
Certificates Of Confidentiality: Mind The Gap, Leslie E. Wolf, Laura M. Beskow
Certificates Of Confidentiality: Mind The Gap, Leslie E. Wolf, Laura M. Beskow
Utah Law Review
Certificates of Confidentiality (“Certificates”) are a federal mechanism designed to protect sensitive, identifiable research data from compelled disclosure in any legal proceeding. The 21st Century Cures Act revised the authorizing statute to address criticisms raised about the Certificates’ coverage and protections. Despite many changes that expanded the scope and reinforced the protection of Certificates, questions remain concerning the robustness of the protection Certificates afford. Here, we briefly review the legal evolution of Certificates and then examine the gaps in protections that remain and their implications. We conclude with recommendations for areas of clarification and future research.
Preface, Tammy M. Frisby, Leslie P. Francis
Preface, Tammy M. Frisby, Leslie P. Francis
Utah Law Review
When the Utah Law Review editors selected the topic for this symposium issue in early February 2020, we did not anticipate—nor would we have wished for—how exceptionally timely the topic would become over the next year-and-a-half. By the time we were extending invitations to participate in the fall 2020 symposium event, most teaching and learning at the law school, including the annual Lee E. Teitelbaum law review symposium, had moved online. As in so many aspects of life during the pandemic, our conversations turned to COVID-19. The extent and forms of regulation of medical research in the U.S. are sources …
Proceedings Of The 2020 Lee E. Teitelbaum Utah Law Review Symposium, Utah Law Review
Proceedings Of The 2020 Lee E. Teitelbaum Utah Law Review Symposium, Utah Law Review
Utah Law Review
In the autumn of 2020, the Utah Law Review, in cooperation with the S.J. Quinney College of Law Center for Law and Biomedical Sciences, convened a twoday virtual symposium exploring “The Law and Ethics of Medical Research.” On November 13th, leading scholars from across the country joined us for a panel discussion titled “Sharing Medical Research Data: Privacy and Confidentiality.” On November 20th, a second set of distinguished scholars and practitioners gathered virtually for three more panel discussions: “Clinical Trials—Legal and Ethical Issues in the Age of COVID-19,” “Intellectual Property and Medical Research,” and “Medical Research as a Public Health …
One Child Town: The Health Care Exceptionalism Case Against Agglomeration Economies, Elizabeth Weeks
One Child Town: The Health Care Exceptionalism Case Against Agglomeration Economies, Elizabeth Weeks
Utah Law Review
This Article offers an extended rebuttal to the suggestion to move residents away from dying communities to places with greater economic promise. Rural America, arguably, is one of those dying places. A host of strategies aim to shore up those communities and make them more economically viable. But one might ask, “Why bother?” In a similar vein, David Schleicher’s provocative 2017 Yale Law Journal article, Stuck! The Law and Economics of Residential Stagnation, recommended dismantling a host of state and local government laws that operate as barriers to migration by Americans from failing economies to robust agglomeration economies. But Schleicher …
A Path To Data-Driven Health Care Enforcement, Jacob T. Elberg
A Path To Data-Driven Health Care Enforcement, Jacob T. Elberg
Utah Law Review
The Department of Justice (“DOJ”) has a long-stated goal of encouraging companies to engage in what the author refers to as “compliant behaviors”—maintenance of an effective pre-existing compliance program, post-enforcement adoption of an effective compliance program, cooperation with a government investigation, and self-disclosure of misconduct. Substantial DOJ guidance over the past two decades, along with the concrete incentive structure of the United States Sentencing Guidelines, have increasingly made clear to organizations when and how such behaviors will be rewarded in criminal matters. Recently, DOJ has made transparency and clarity regarding the benefit of compliant behaviors a priority in calculating and …