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SJ Quinney College of Law, University of Utah

Center for Law and Biomedical Sciences (LABS)

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Full-Text Articles in Law

The Anticommons At Twenty: Concerns For Research Continue, Jorge L. Contreras Jul 2018

The Anticommons At Twenty: Concerns For Research Continue, Jorge L. Contreras

Center for Law and Biomedical Sciences (LABS)

Twenty years after Heller and Eisenberg predicted the emergence of an anticommons in biomedical research, this article assesses the currency of the anticommons theory. While a patent-fueled research anticommons does not appear to have emerged in the ways that Heller and Eisenberg envisioned, there are new ways in which the fragmentation of rights -- whether through trade secrecy, narrow licensing or data propertization -- continues to threaten research and commercial development. The anticommons theory thus remains as relevant today as it was when it was first proposed.


Making "Meaningful Access" Meaningful: Equitable Healthcare For Divisive Times, Leslie Francis May 2018

Making "Meaningful Access" Meaningful: Equitable Healthcare For Divisive Times, Leslie Francis

Center for Law and Biomedical Sciences (LABS)

Another anniversary of President Bush’s signing of the Americans with Disabilities Act (ADA) is coming up in late July, yet the nation remains far from offering even a semblance of equitable societal opportunity to most individuals with disabilities.

For them, full social participation is dismissed as merely an idealistic dream. With its focus on restoration of full functioning for patients, the health care delivery system might be supposed an exception, but a closer look shows the opposite is true.

Physicians’ offices, clinics, and hospitals too often have not been made accessible. Too frequently, these facilities have diagnostic or treatment equipment …