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Articles 31 - 42 of 42
Full-Text Articles in Law
Religion And Public Reason In The Politics Of Biotechnology, J. Benjamin Hurlbut
Religion And Public Reason In The Politics Of Biotechnology, J. Benjamin Hurlbut
Notre Dame Journal of Law, Ethics & Public Policy
Questions about the relevance of religious views to public policy have been central in debates over the governance of biotechnology since the 1960s. This article offers an empirical analysis of moments of deliberative politics surrounding human embryo research, primarily within public bioethics bodies. I examine how these bodies have used the idea of public reason as developed in deliberative democratic theory to differentiate between secular and religious reasons. I argue that scientific authority is made to play a powerful, but largely unacknowledged role in constructing these categories by contributing to definitions of the range of “reasonable” pluralism. I show that …
No Longer Left To Their Own Devices: Evaluating The Non-Traditional Medical Device Excise Tax, Kensington A. Wolgamott
No Longer Left To Their Own Devices: Evaluating The Non-Traditional Medical Device Excise Tax, Kensington A. Wolgamott
Notre Dame Journal of Law, Ethics & Public Policy
When the United States federal government entered a shutdown in the fall of 2013, the budget crisis took center stage in the political debate. The Affordable Care Act (“ACA”) was one of the most contentious issues on the agenda, and among the bargaining chips in the discussion was the disputed issue of the medical device excise tax (“MDET”). The excise tax, imposed upon the sale of certain medical devices, has raised quite a bit of bipartisan opposition and has been up for repeal or reform over a dozen times to date. The increasing attention the tax has received since its …
Three's Company: A Constitutional Analysis Of Prohibiting Access To Three-Parent In Vitro Fertilization, J. Ravindra Fernando
Three's Company: A Constitutional Analysis Of Prohibiting Access To Three-Parent In Vitro Fertilization, J. Ravindra Fernando
Notre Dame Journal of Law, Ethics & Public Policy
The 1997 science-fiction film Gattaca tells the story of Vincent Freeman, a “God-child,” “de-gene-erate,” “faith birth.” The film unfolds in a not-too-distant future where genetic modification is commonplace and children’s characteristics and predispositions are routinely decided before birth. A rarity in this world, Vincent is conceived without any genetic modification and, consequently, is born with myopia and a congenital heart defect. His inferior genetic profile has banished him to a new subclass of society, so the only way to achieve his lifelong dream of becoming an astronaut is by impersonating a “valid”—a person with a healthy, genetically-engineered DNA.
A Prescription For The Future: Reverse-Payment Settlements In The Wake Of Ftc V. Actavis Pharmaceuticals, Audra J. Passinault
A Prescription For The Future: Reverse-Payment Settlements In The Wake Of Ftc V. Actavis Pharmaceuticals, Audra J. Passinault
Notre Dame Journal of Law, Ethics & Public Policy
The pharmaceutical industry is a large and important part of the overall health care system in the United States. Drug innovation and improvement lead to safer and more effective pharmaceuticals able to treat a variety of diseases and ailments. But the quest by pharmaceutical companies to develop the next successful drug is an expensive venture: pharmaceutical companies spend more on research and development, relative to sales revenue, than almost any other industry in the United States. However, this innovation and investment is rewarded when the drug is granted a patent by the United States government, giving the developing company a …
Criminalization Of Juror Misconduct Arising From Social Media Use, Matthew Aglialoro
Criminalization Of Juror Misconduct Arising From Social Media Use, Matthew Aglialoro
Notre Dame Journal of Law, Ethics & Public Policy
This Essay analyzes criminalization as an alternative solution to juror misconduct arising from social media use, where jury instructions fail to prevent such misconduct. Despite the lack of scholarship on the subject, criminalization is far from a radical solution—California enacted legislation in 2011 that sought to criminalize jurors’ improper use of social media. By criminalizing juror misconduct, states can deter misconduct from occurring while also instilling the importance of the jury institution in the public. At the same time, it is important to be cognizant of objections that judges and jurors may raise. This Essay proceeds in three parts. Part …
Ethical Perspectives On Changing Agricultural Technology In The United States, Patrick Madden, Paul B. Thompson
Ethical Perspectives On Changing Agricultural Technology In The United States, Patrick Madden, Paul B. Thompson
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Crossing The Rubicon: The Impact Of The Affordable Care Act On The Content Of Insurance Coverage For Persons With Disabilities, Sara Rosenbaum, Joel B. Teitelbaum, Katherine Hayes
Crossing The Rubicon: The Impact Of The Affordable Care Act On The Content Of Insurance Coverage For Persons With Disabilities, Sara Rosenbaum, Joel B. Teitelbaum, Katherine Hayes
Notre Dame Journal of Law, Ethics & Public Policy
The article reports on the impact of the 2010 U.S. Patient Protection and Affordability Care Act (PPACA) on the coverage of essential health benefits for persons with disabilities. Some of the risk-shielding, discriminatory strategies used by insurers, such as the initial design of benefits and services, utilization management practices, and actuarial ratings, are pointed out. That the PPACA recognizes the importance of reasonable investments in all people is highlighted.
The History Of Undisclosed Spending In U.S. Elections & How 2012 Became The Dark Money Election, Trevor Potter, Bryson B. Morgan
The History Of Undisclosed Spending In U.S. Elections & How 2012 Became The Dark Money Election, Trevor Potter, Bryson B. Morgan
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Christian Witness, Moral Anthropology, And The Death Penalty, Richard W. Garnett
Christian Witness, Moral Anthropology, And The Death Penalty, Richard W. Garnett
Notre Dame Journal of Law, Ethics & Public Policy
In this essay, I consider - in the context of our ongoing debates about capital punishment - the question, what role ought religious beliefs play in a pluralistic democratic society that often presumes strict boundaries between matters of private faith and political life? I suggest, first, that we should resist the imposition of such strict boundaries between matters of private faith and political life and, second, that in the context of our public arguments about the death penalty, engaged Christians should not merely to baptize the policy analyses and preferences of abolitionist or other interest groups, but should instead propose …
Reflections On Cuomo: The Secret Consensus, Theodore M. Hesburgh
Reflections On Cuomo: The Secret Consensus, Theodore M. Hesburgh
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Palliative Care And Hospice: Opportunities To Improve Care For The Sickest Patients, Kathleen Tschantz Unroe, Diane E. Meier
Palliative Care And Hospice: Opportunities To Improve Care For The Sickest Patients, Kathleen Tschantz Unroe, Diane E. Meier
Notre Dame Journal of Law, Ethics & Public Policy
The article discusses how palliative care and hospice services address the quality and cost concerns in the U.S. health care system. By focusing on symptom management, coordination among providers, and improved transitions of care, the services meet the needs of the sickest persons at lower costs. The author suggests putting in place the right leadership and resources and strengthening the workforce to successfully expand the programs.
Exploitation Nation: The Thin And Grey Legal Lines Between Trafficked Persons And Abused Migrant Laborers, Dina Francesca Haynes
Exploitation Nation: The Thin And Grey Legal Lines Between Trafficked Persons And Abused Migrant Laborers, Dina Francesca Haynes
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.