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Articles 31 - 60 of 102
Full-Text Articles in Law
Discrimination Out Of Dismissiveness: The Example Of Infertility, David Orentlicher
Discrimination Out Of Dismissiveness: The Example Of Infertility, David Orentlicher
Indiana Law Journal
In recent years, antidiscrimination theory and doctrine have rested heavily on the "anticaste" principle first invoked in Strauder v. West Virginia According to this principle, equal protection law and antidiscrimination statutes should eradicate public-and private-policies that subject some persons to ongoing stigma and subordination and therefore to second-class status in society. This Article argues that while a focus on stigma and subordination is important, it misses a key source of discrimination-the discriminationt hat arises from dismissiveness. Antidiscrimination law has recognized the need to overcome the discrimination that results from invidious bias, unfair stereotyping, irrational fear accumulated myths, or simple neglect.A …
What Parents Don't Know: Informed Consent, Marriage, And Genital-Normalizing Surgery On Intersex Children, Samantha S. Uslan
What Parents Don't Know: Informed Consent, Marriage, And Genital-Normalizing Surgery On Intersex Children, Samantha S. Uslan
Indiana Law Journal
No abstract provided.
A Defense Of Embryonic Stem Cell Research, Gregory Dolin, M.D.
A Defense Of Embryonic Stem Cell Research, Gregory Dolin, M.D.
Indiana Law Journal
No abstract provided.
What About The Children? A Call For Regulation Of Assisted Reproductive Technology, Cahterine A. Clements
What About The Children? A Call For Regulation Of Assisted Reproductive Technology, Cahterine A. Clements
Indiana Law Journal
No abstract provided.
Balco, The Steroids Scandal, And What The Already Fragile Secrecy Of Federal Grand Juries Means To The Debate Over A Potential Federal Media Shield Law, Peter Meyer
Indiana Law Journal
No abstract provided.
Patents And Traditional Medicine: Digital Capture, Creative Legal Interventions And The Dialectics Of Knowledge Transformation, Chidi Oguamanam
Patents And Traditional Medicine: Digital Capture, Creative Legal Interventions And The Dialectics Of Knowledge Transformation, Chidi Oguamanam
Indiana Journal of Global Legal Studies
This article examines the debate over the exclusion of indigenous or local knowledge forms from the global intellectual property system, and some of the current attempts to solve this problem. Using the lens of cultural cosmopolitanism, the article highlights important trends in the dialectics of developing countries' engagement with intellectual property and other collateral knowledge protection systems. The three sites at which this significant development is unfolding are: (1) the digitization of traditional medicinal knowledge through India's traditional knowledge digital library (TKDL) project; (2) a recent attempt at incorporating innovations in Chinese Herbal Medicine (CHM) in Taiwanese patent law; and …
Research With Decisionally Incapacitated Human Subjects: An Argument For A Systemic Approach To Risk-Benefit Assessment, Carl H. Coleman
Research With Decisionally Incapacitated Human Subjects: An Argument For A Systemic Approach To Risk-Benefit Assessment, Carl H. Coleman
Indiana Law Journal
The amount of medical research with persons who lack decision-making capacity is rapidly increasing, but in most states it takes place without clear legal authority. In addition to creating significant liability risks for researchers and persons who provide consent on behalf of incapacitated subjects, the lack of explicit legal standards means that few, if any, safeguards exist to protect incapacitated persons' rights and welfare. Previous efforts to close the gap between clinical reality and legal requirements have failed in part because they have not provided a coherent or persuasive ethical justification for permitting this research. This Article seeks to fill …
When Disability Isn't "Just Right": The Entrenchment Of The Medical Model Of Disability And The Goldilocks Dilemma, Bradley A. Areheart
When Disability Isn't "Just Right": The Entrenchment Of The Medical Model Of Disability And The Goldilocks Dilemma, Bradley A. Areheart
Indiana Law Journal
No abstract provided.
Medical Product Information Incentives And The Transparency Paradox, Daniel R. Cahoy
Medical Product Information Incentives And The Transparency Paradox, Daniel R. Cahoy
Indiana Law Journal
Recent allegations that essential safety and efficacy information is often suppressed by medical product manufacturers or poorly evaluated by regulators have led to calls for greater information transparency. The public is justifiably concerned that its ability to conduct an informed risk-benefit assessment of drugs and medical devices is compromised. Several changes have already been made to federal regulatory law and medical research policy to mandate greater disclosure and more changes are being considered. However, it is possible that these measures may backfire by enhancing significant tort-based economic disincentives for generating new information.I n other words, greater disclosure requirements could, paradoxically, …
Through The Quarantine Looking Glass: Drug-Resistant Tuberculosis And Public Health Governance, Law, And Ethics, David P. Fidler, Lawrence O. Gostin, Howard Markel
Through The Quarantine Looking Glass: Drug-Resistant Tuberculosis And Public Health Governance, Law, And Ethics, David P. Fidler, Lawrence O. Gostin, Howard Markel
Articles by Maurer Faculty
No abstract provided.
An Idea Whose Time Should Never Have Come, Roger B. Dworkin
An Idea Whose Time Should Never Have Come, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
When Vitalism Is Dead Wrong: The Discrimination Against And Torture Of Incompetent Patients By Compulsory Life- Sustaining Treatment, Alicia R. Ouellette
When Vitalism Is Dead Wrong: The Discrimination Against And Torture Of Incompetent Patients By Compulsory Life- Sustaining Treatment, Alicia R. Ouellette
Indiana Law Journal
No abstract provided.
A Quantitative Methodology For Determining The Need For Exposure-Prompted Medical Monitoring, Christopher P. Guzelian, Bruce E. Hillner, Philip S. Guzelian
A Quantitative Methodology For Determining The Need For Exposure-Prompted Medical Monitoring, Christopher P. Guzelian, Bruce E. Hillner, Philip S. Guzelian
Indiana Law Journal
Some toxic exposures to drugs or other environmental chemicals may create an increased risk of future disease for which periodic preventive medical screening might be desirable. However, many of these risks, even if unacceptable as a matter of public health policy, might still not be significant enough for medical monitoring (periodic diagnostic screening for latent illnesses or medical conditions) to be an appropriate medical intervention. This somewhat unintuitive, but statistically certain, conclusion can be demonstrated in relatively simple mathematical terms. Accordingly, we introduce Bayes's Rule and decision analysis, a quantitative methodology commonly employed by medical practitioners. A review of current …
Cases And Guidelines In Genetics, Roger B. Dworkin
Cases And Guidelines In Genetics, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Tainted Prosecution Of Tainted Claims: The Law, Economics, And Ethics Of Fighting Medical Fraud Under The Civil False Claims Act, Dayna Bowen Matthew
Tainted Prosecution Of Tainted Claims: The Law, Economics, And Ethics Of Fighting Medical Fraud Under The Civil False Claims Act, Dayna Bowen Matthew
Indiana Law Journal
No abstract provided.
Weiland V. Telectronics Pacing Systems, Inc.: Illinois Reexamines Medical Device Preemption, Adrian S. Allen
Weiland V. Telectronics Pacing Systems, Inc.: Illinois Reexamines Medical Device Preemption, Adrian S. Allen
Indiana Law Journal
No abstract provided.
Hard Cases For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin
Hard Cases For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
The Human Genome Project's Implications For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin
The Human Genome Project's Implications For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson
An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson
Indiana Journal of Global Legal Studies
No abstract provided.
Allowing Fda Regulation Of Communications Software Used In Telemedicine: A Potentially Fatal Misdiagnosis?, Ann K. Schooley
Allowing Fda Regulation Of Communications Software Used In Telemedicine: A Potentially Fatal Misdiagnosis?, Ann K. Schooley
Federal Communications Law Journal
Communications technology is changing and improving the way that health care services are delivered to patients. Telemedicine, or the use of communications technology to provide medical care, allows doctors to treat patients in rural areas who otherwise would not have access to medical services. With the development and use of telemedicine, however, comes the burden of government regulation. The Food and Drug Administration (FDA) is just beginning to assert its jurisdiction over telemedicine, seeking to regulate telemedicine systems as medical devices under 21 U.S.C. § 321(h). Should the FDA strongly assert its jurisdiction, it has the ability to regulate entire …
Midwifery: An International Legal Perspective - The Need For Universal Legal Recognition, Danielle Rifkin
Midwifery: An International Legal Perspective - The Need For Universal Legal Recognition, Danielle Rifkin
Indiana Journal of Global Legal Studies
No abstract provided.
The International Conference On Harmonization Of Pharmaceutical Regulations, The European Medicines Evaluation Agency, And The Fda: Who's Zooming Who?, Dan Kidd
Indiana Journal of Global Legal Studies
No abstract provided.
Law And Ignorance: Genetic Therapy And The Legal Process, Roger B. Dworkin
Law And Ignorance: Genetic Therapy And The Legal Process, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Solving The Kidney Shortage Crisis Through The Use Of Non-Heart-Beating Cadaveric Donors: Legal Endorsement Of Perfusion As A Standard Procedure, Marla K. Clark
Solving The Kidney Shortage Crisis Through The Use Of Non-Heart-Beating Cadaveric Donors: Legal Endorsement Of Perfusion As A Standard Procedure, Marla K. Clark
Indiana Law Journal
No abstract provided.
Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin
Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin
Indiana Law Journal
No abstract provided.
Sounds Of Silence For The Walkman Generation: Rock Concerts And Noise-Induced Hearing Loss, Eric Daniel Johnson
Sounds Of Silence For The Walkman Generation: Rock Concerts And Noise-Induced Hearing Loss, Eric Daniel Johnson
Indiana Law Journal
No abstract provided.
Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell
Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell
Indiana Law Journal
No abstract provided.
Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin
Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Model Consent Forms For Dna Linkage Analysis And Storage, Roger B. Dworkin, R. L. Gold, R. R. Lebel, E. A. Mearns, T Hadro, J. K. Burns
Model Consent Forms For Dna Linkage Analysis And Storage, Roger B. Dworkin, R. L. Gold, R. R. Lebel, E. A. Mearns, T Hadro, J. K. Burns
Articles by Maurer Faculty
No abstract provided.
A Medical-Legal Dilemma: When Can "Inappropriate" Nutrition And Hydration Be Removed In Indiana?, Kathleen M. Anderson
A Medical-Legal Dilemma: When Can "Inappropriate" Nutrition And Hydration Be Removed In Indiana?, Kathleen M. Anderson
Indiana Law Journal
No abstract provided.