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Full-Text Articles in Law

Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton Dec 2015

Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton

Maryland Law Review

No abstract provided.


Newsletter Fall 2015 Oct 2015

Newsletter Fall 2015

Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Fall 2015 Oct 2015

Mid-Atlantic Ethics Committee Newsletter, Fall 2015

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Law & Healthcare Newsletter, Vol. 23, No. 1, Fall 2015 Oct 2015

Law & Healthcare Newsletter, Vol. 23, No. 1, Fall 2015

Law & Health Care Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Summer 2015 Jul 2015

Mid-Atlantic Ethics Committee Newsletter, Summer 2015

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


The Fda, Congress, And Mobile Health Apps: Lessons From Dshea And The Regulation Of Dietary Supplements, Natalie R. Bilbrough Jun 2015

The Fda, Congress, And Mobile Health Apps: Lessons From Dshea And The Regulation Of Dietary Supplements, Natalie R. Bilbrough

Maryland Law Review

No abstract provided.


Newsletter Spring 2015 Apr 2015

Newsletter Spring 2015

Newsletter

No abstract provided.


Law & Healthcare Newsletter, V. 22, No. 2, Spring 2015 Apr 2015

Law & Healthcare Newsletter, V. 22, No. 2, Spring 2015

Law & Health Care Newsletter

No abstract provided.


The “Voluntary” Inpatient Treatment Of Adults Under Guardianship, Richard C. Boldt Jan 2015

The “Voluntary” Inpatient Treatment Of Adults Under Guardianship, Richard C. Boldt

Faculty Scholarship

A number of states have adopted a preference for voluntary hospitalization over involuntary civil commitment for adults with severe mental illness who require inpatient treatment. Frequently, however, the very disabilities that call for inpatient treatment also disrupt an individual patient’s capacity to participate fully in the decision-making process by which hospital admission is elected. When impaired patients have a court-appointed guardian, difficult questions can arise as to the power of the guardian to consent to the ward’s admission for inpatient psychiatric treatment. In some states, the guardian may not consent to the ward’s admission. In others, the guardian’s authority to …


Just Compensation: A No-Fault Proposal For Research-Related Injuries, Leslie Meltzer Henry, Megan E. Larkin, Elizabeth R. Pike Jan 2015

Just Compensation: A No-Fault Proposal For Research-Related Injuries, Leslie Meltzer Henry, Megan E. Larkin, Elizabeth R. Pike

Faculty Scholarship

Biomedical research, no matter how well designed and ethically conducted, carries uncertainties and exposes participants to risk of injury. Research injuries can range from the relatively minor to those that result in hospitalization, permanent disability, or even death. Participants might also suffer a range of economic harms related to their injuries. Unlike the vast majority of developed countries, which have implemented no-fault compensation systems, the United States continues to rely on the tort system to compensate injured research participants—an approach that is no longer morally defensible. Despite decades of US advisory panels advocating for no-fault compensation, little progress has been …


Respect And Dignity: A Conceptual Model For Patients In The Intensive Care Unit, Leslie Meltzer Henry, Cynda Rushton, Mary Catherine Beach, Ruth Faden Jan 2015

Respect And Dignity: A Conceptual Model For Patients In The Intensive Care Unit, Leslie Meltzer Henry, Cynda Rushton, Mary Catherine Beach, Ruth Faden

Faculty Scholarship

Although the concept of dignity is commonly invoked in clinical care, there is not widespread agreement—in either the academic literature or in everyday clinical conversations—about what dignity means. Without a framework for understanding dignity, it is difficult to determine what threatens patients’ dignity and, conversely, how to honor commitments to protect and promote it. This article aims to change that by offering the first conceptual model of dignity for patients in the intensive care unit. The conceptual model we present is based on the notion that there are three sources of patients’ dignity—their shared humanity, personal narratives, and autonomy—each of …


Guidelines For Avoiding Pitfalls When Drafting Juvenile Curfew Laws: A Legal Analysis, Elyse R. Grossman, Kathleen S. Hoke Jan 2015

Guidelines For Avoiding Pitfalls When Drafting Juvenile Curfew Laws: A Legal Analysis, Elyse R. Grossman, Kathleen S. Hoke

Faculty Scholarship

Curfew laws seek to provide general protection to youth and adults by restricting the times that children of certain ages are allowed to occupy public places or streets. These laws often contain exemptions for youth accompanied by an adult, responding to an emergency, or traveling to or from school, work, or a religious service, among others. However, the actual language used and exemptions included vary by locality. As a result, courts have reached different results—several courts upheld curfew laws as constitutional, while others overturned these laws. Although not the original reason behind juvenile curfew enactment, several studies have found that …


Reforming The Law Of Reputation, Frank A. Pasquale Jan 2015

Reforming The Law Of Reputation, Frank A. Pasquale

Faculty Scholarship

Unfair and deceptive practices of controllers and processors of data have adversely affected many citizens. New threats to individuals’ reputations have seriously undermined the efficacy of extant regulation concerning health privacy, credit reporting, and expungement. The common thread is automated, algorithmic arrangements of information, which could render data properly removed or obscured in one records system, nevertheless highly visible or dominant in other, more important ones.

As policymakers reform the law of reputation, they should closely consult European approaches to what is now called the “right to be forgotten.” Health privacy law, credit reporting, and criminal conviction expungement need to …


Panel 1: Legal And Neuroscientific Perspectives On Chronic Pain, David Seminowicz, Amanda Pustilnik, Stephen Rigg, Andre Davis, Karen D. Davis, Hank Greely Jan 2015

Panel 1: Legal And Neuroscientific Perspectives On Chronic Pain, David Seminowicz, Amanda Pustilnik, Stephen Rigg, Andre Davis, Karen D. Davis, Hank Greely

Journal of Health Care Law and Policy

No abstract provided.


Medical Repatriation: The Dangerous Intersection Of Health Care Law And Immigration, Katelynn Donelson Jan 2015

Medical Repatriation: The Dangerous Intersection Of Health Care Law And Immigration, Katelynn Donelson

Journal of Health Care Law and Policy

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Winter 2015 Jan 2015

Mid-Atlantic Ethics Committee Newsletter, Winter 2015

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Neuroscience, Mindreading, And The Courts: The Example Of Pain, Henry T. Greely Jan 2015

Neuroscience, Mindreading, And The Courts: The Example Of Pain, Henry T. Greely

Journal of Health Care Law and Policy

No abstract provided.


Panel 2: “Excess” Pain, Hyperalgesia, And The Variability Of Subjective Experience, Amanda Pustilnik, David Seminowicz, Stephen Rigg, Joel Greenspan, Morris Hoffman, Adam Kolber, Michael Pardo Jan 2015

Panel 2: “Excess” Pain, Hyperalgesia, And The Variability Of Subjective Experience, Amanda Pustilnik, David Seminowicz, Stephen Rigg, Joel Greenspan, Morris Hoffman, Adam Kolber, Michael Pardo

Journal of Health Care Law and Policy

No abstract provided.


Panel 3: Chronic Pain, “Psychogenic” Pain, And Emotion, David Seminowicz, Amanda Pustilnik, M. Kaylie Gioioso, Jennifer Chandler, Robert Dinerstein, Jennifer A. Haythornthwaite, Tor D. Wager Jan 2015

Panel 3: Chronic Pain, “Psychogenic” Pain, And Emotion, David Seminowicz, Amanda Pustilnik, M. Kaylie Gioioso, Jennifer Chandler, Robert Dinerstein, Jennifer A. Haythornthwaite, Tor D. Wager

Journal of Health Care Law and Policy

No abstract provided.


Why Health Lawyers Must Be Public-Law Lawyers: Health Law In The Age Of The Modern Regulatory State, Abbe R. Gluck Jan 2015

Why Health Lawyers Must Be Public-Law Lawyers: Health Law In The Age Of The Modern Regulatory State, Abbe R. Gluck

Journal of Health Care Law and Policy

No abstract provided.


Panel 4: Translational Expectations And Issues: Making It Work In Practice, Amanda Pustilnik, David Seminowicz, M. Kaylie Gioioso, Martha Farah, Nancy Gertner, Stacey Tovino Jan 2015

Panel 4: Translational Expectations And Issues: Making It Work In Practice, Amanda Pustilnik, David Seminowicz, M. Kaylie Gioioso, Martha Farah, Nancy Gertner, Stacey Tovino

Journal of Health Care Law and Policy

No abstract provided.


Defusing The Bug Bomb: Legal Strategies To Combat Antibiotic Resistant Infections, Andrew Geltman Jan 2015

Defusing The Bug Bomb: Legal Strategies To Combat Antibiotic Resistant Infections, Andrew Geltman

Journal of Health Care Law and Policy

The overuse of antibiotics has created a potential public health menace—the growth of microbial infections resistant to them. Antibiotic resistance stems from many causes that include the use of antibiotics in animal feed, medical practitioners’ over-prescription, the general public’s misuse of the drugs, and the failure to develop new antibiotics. This has led to the development of so called “super bugs” that are often immune to first line antibiotic therapies, such as penicillin, and to more powerful, broad-spectrum treatments.

The CDC considers the primary source of antibiotic resistant infections in humans to come from our overuse of antibiotics and the …