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Articles 1 - 10 of 10
Full-Text Articles in Law
The Effect Of Lilly V. Medtronics On The Scope Of 35 Usc 271(E)(1): The Patent Infringement Exemption - Broad Or Narrow, Ajay S. Pathak
The Effect Of Lilly V. Medtronics On The Scope Of 35 Usc 271(E)(1): The Patent Infringement Exemption - Broad Or Narrow, Ajay S. Pathak
Journal of Law and Health
This article undertakes to examine, critically, the case history, legislative history, and the construction of sections 101, 201, and 202 of the Patent Term Restoration Act of 1984 in an effort to analyze the Supreme Court's recent decision in Lilly v. Medtronics and to discern how the scope of section 271(e)(1) is likely to be treated in future cases in light of that recent Supreme Court decision.
The Patentability And Patent Term Extension Of Lifesaving Drugs: A Deadly Mistake, Jonathan L. Mezrich
The Patentability And Patent Term Extension Of Lifesaving Drugs: A Deadly Mistake, Jonathan L. Mezrich
Journal of Law and Health
The pharmaceutical business is dominated largely by two types of entities: large, research-intensive corporations, and the smaller "generic" drug "knock-off" artists. because the former organizations have to put so much of their budget into research and development (R&D), a form of investment which is often akin to pouring money into a hole, the 17-year exclusive monopoly of a patient is often the only way such a company can remain profitable. However, because of a concern for public safety, all substances prepared for human consumption must be put through extensive testing by the FDA. This testing could take a long period …
Aids And Hiv: The Legal Dimension: A Selective Bibliography, Bonnie L. Koneski-White
Aids And Hiv: The Legal Dimension: A Selective Bibliography, Bonnie L. Koneski-White
Journal of Law and Health
For the most part articles over two pages in length from journals were included. Editorials and articles from national and legal newspapers generally are not included. Although some articles are listed from foreign periodicals, most of the entries focus on the United States. Listings in one category can cover some aspects of other categories. An attempt was made to include the article in the category which best covered the subject matter of the majority of the article. An asterisk (*) indicates that the article is contained in one of the symposia or special issues listed in the "Symposia and Special …
Hey Doc, Can You Keep A Secret - An Ohio Physician's Right To Warn Third Parties That They May Be At Risk Of Contracting Hiv, Mark Wiseman
Hey Doc, Can You Keep A Secret - An Ohio Physician's Right To Warn Third Parties That They May Be At Risk Of Contracting Hiv, Mark Wiseman
Journal of Law and Health
This note will seek to determine if granting a physician the right to warn third parties at risk is the appropriate solution to the above scenario and others like it. Part I will supply a background on the virus that causes AIDS. Part II will review possible legal justification for this breach of the confidential doctor/patient relationship. Part III discusses why there is a need to maintain strict confidentiality of AIDS-related information. Finally, Part IV will discuss alternatives to granting physicians the right to warn.
Rethinking The Health Care Delivery Crisis: The Need For A Therapeutic Jurisprudence, Bruce J. Winick
Rethinking The Health Care Delivery Crisis: The Need For A Therapeutic Jurisprudence, Bruce J. Winick
Journal of Law and Health
In designing a sensible system of national health insurance we need to avoid a repetition of the built-in inflationary pressures that followed the adoption of Medicaid and Medicare. Medicaid and Medicare eligibility encouraged many to increase their use of health care services, in part because they no longer needed to bear the costs (or full costs) or services. This increased demand, exceeding the supply of health care services, predictably produced price hikes. Other factors undoubtedly have contributed to the escalation of health care costs, including the tendency of some doctors to order unnecessary diagnostic tests, over-reliance on high technology, and …
The Dna Paternity Test: Legislating The Future Paternity Action, E. Donald Shapiro, Stewart Reifler, Claudia L. Psome
The Dna Paternity Test: Legislating The Future Paternity Action, E. Donald Shapiro, Stewart Reifler, Claudia L. Psome
Journal of Law and Health
This Article will first briefly examine the historical development of the paternity suit in the beginning of Part II. Part II will then focus upon the standards of proof, presumptions and affirmative defenses concomitant to the traditional paternity action. Part III will examine the concepts and legal applications behind blood group / genetic marker testing and the probability formulas derived from these tests used to exclude or include a putative father. Part IV will examine the technology behind DNA paternity testing and its current evidentiary admissibility. Part V will discuss some of the substantive and public policy issues relating to …
Mandatory Hiv Testing Issues In State Newborn Screening Programs, John M. Naber, David R. Johnson
Mandatory Hiv Testing Issues In State Newborn Screening Programs, John M. Naber, David R. Johnson
Journal of Law and Health
The newborn screening model is fairly straightforward. Typically, before the infant is discharged from the hospital (around 24 to 36 hours of age), heel stick blood is placed on special filter paper, dried, and mailed to the state health department for testing. Medical and laboratory research has led to the discovery that other diseases could also be screened in newborns using these dried blood specimens. Currently, all states and the District of Columbia test all newborns for at least PKU and congenital hypothyroidism. There are generally five criteria to satisfy before a disease is considered appropriate for newborn screening: 1. …
Book Review, Steven R. Smith, Stephen J. Werber
Book Review, Steven R. Smith, Stephen J. Werber
Journal of Law and Health
An Overview of Healthcare Reform: A View of the Forest - An Introduction to Taft Strategic Atlas: U.S. Health Care Reform by Frederick R. Taft
Excerpts From Taft Strategic Atlas: U.S. Health Care Reform, Frederick I. Taft
Excerpts From Taft Strategic Atlas: U.S. Health Care Reform, Frederick I. Taft
Journal of Law and Health
No abstract provided.
Compelled Medical Procedures Involving Minors And Incompetents And Misapplication Of The Substituted Judgment Doctrine, Lynn E. Lebit
Compelled Medical Procedures Involving Minors And Incompetents And Misapplication Of The Substituted Judgment Doctrine, Lynn E. Lebit
Journal of Law and Health
In many cases, courts have incorrectly applied the doctrine of "substituted judgment" to violate the bodily integrity of a minor (who is usually physically or mentally disabled), or an adult incompetent, to bring about a result which on its face seems beneficial to all involved. What courts have failed to do, however, is protect the best interests of these incompetent persons and to recognize their right to be protected, especially when they cannot consent, from non-therapeutic bodily invasions. In this context, "best interests" are determined by weighing the risks, needs and benefits to the affected person. The type of "non-therapeutic" …