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Articles 1 - 9 of 9
Full-Text Articles in Law
An Information Prescription For Prescription Drug Regulation, Anita Bernstein, Joseph Bernstein
An Information Prescription For Prescription Drug Regulation, Anita Bernstein, Joseph Bernstein
Faculty Scholarship
No abstract provided.
Why Doctors Shouldn't Practice Law: The American Medical Association's Misdiagnosis Of Physician Non-Compete Clauses, Robert E. Steinbuch
Why Doctors Shouldn't Practice Law: The American Medical Association's Misdiagnosis Of Physician Non-Compete Clauses, Robert E. Steinbuch
Faculty Scholarship
No abstract provided.
Dirty Business: Legal Prophylaxis For Nosocomial Infections, Robert E. Steinbuch
Dirty Business: Legal Prophylaxis For Nosocomial Infections, Robert E. Steinbuch
Faculty Scholarship
No abstract provided.
Kidneys, Cash, And Kashrut: A Legal, Economic, And Religious Analysis Of Selling Kidneys, Robert E. Steinbuch
Kidneys, Cash, And Kashrut: A Legal, Economic, And Religious Analysis Of Selling Kidneys, Robert E. Steinbuch
Faculty Scholarship
No abstract provided.
Making Sense Of Drug Regulation: A Theory Of Law For Drug Control Policy , Kimani Paul-Emile
Making Sense Of Drug Regulation: A Theory Of Law For Drug Control Policy , Kimani Paul-Emile
Faculty Scholarship
This article advances a new theory of drug regulation that addresses two previously unexamined questions: how law-makers are able to regulate drugs differently irrespective of the dangers the drugs may pose and independent of their health effects, and the process followed to achieve this phenomenon. For example, although tobacco products are the leading cause of preventable death in the U.S. they can be bought and sold legally by adults, while marijuana, a substantially safer drug, is subject to the highest level of drug control. This article posits a conceptual model for making sense of this dissonance and applies this model …
Juries And Medical Malpractice Claims: Empirical Facts Versus Myths, Neil Vidmar
Juries And Medical Malpractice Claims: Empirical Facts Versus Myths, Neil Vidmar
Faculty Scholarship
Juries in medical malpractice trials are viewed as incompetent, anti-doctor, irresponsible in awarding damages to patients, and casting a threatening shadow over the settlement process. Several decades of systematic empirical research yields little support for these claims. This article summarizes those findings. Doctors win about three cases of four that go to trial. Juries are skeptical about inflated claims. Jury verdicts on negligence are roughly similar to assessments made by medical experts and judges. Damage awards tend to correlate positively with the severity of injury. There are defensible reasons for large damage awards. Moreover, the largest awards are typically settled …
Beyond Bidil: The Expanding Embrace Of Race In Biomedical Research And Product Development, Jonathan Kahn
Beyond Bidil: The Expanding Embrace Of Race In Biomedical Research And Product Development, Jonathan Kahn
Faculty Scholarship
In 2005 the FDA approved BiDil, the first drug ever to include a race-specific indication on its label - to treat heart failure in a “black” patient. In the aftermath of this controversial approval and subsequent marketing of the drug, many have wondered whether BiDil was an anomaly or a harbinger of things to come. This article moves beyond BiDil to explore how similar yet distinct models are developing for the continuing exploitation of race in biomedical practice and product development. It will explore the tensions embedded in the persistent use of racial categories even as specific genetic variations linked …
Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope
Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope
Faculty Scholarship
2.6 million Americans die each year. A majority of these deaths occur in a healthcare institution as the result of a deliberate decision to stop life sustaining medical treatment. Unfortunately, these end-of-life decisions are marked with significant conflict between patients' family members and healthcare providers. Healthcare ethics committees (HECs) have been the dispute resolution forum for many of these conflicts.
HECs generally have been considered to play a mere advisory, facilitative role. But, in fact, HECs often serve a decision making role. Both in law and practice HECs increasingly have been given significant authority and responsibility to make treatment decisions. …
Federalization Snowballs: The Need For National Action In Medical Malpractice Reform, Abigail Moncrieff
Federalization Snowballs: The Need For National Action In Medical Malpractice Reform, Abigail Moncrieff
Faculty Scholarship
Because tort law generally and healthcare regulation specifically are traditional state functions and because medical, legal, and insurance practices are highly localized, legal scholars have long believed that medical malpractice falls within the states' exclusive jurisdiction and sovereignty. Indeed, this view is so widely held that modern legal scholarship takes it for granted. Articles on general federalism issues use medical malpractice as an easy example of a policy in which federal intervention lacks functional justification, and articles that focus on federalization of other tort reforms use medical malpractice as an easy foil, pointing out that the uniformity interest that justifies …