Law Commons^™

Period Poverty And Life Strains: Efforts Made To Erase Stigma And To Expand Access To Menstrual Hygiene Products, Jennifer L. Brinkley, Nicole Niebuhr

Indiana Journal of Law and Social Equality

No abstract provided.

The Antitrust Alternative: Promoting Public Health Through Competition, Michael Cederblom

Indiana Journal of Law and Social Equality

No abstract provided.

Toward An International Constitution Of Patient Rights, Alison Poklaski

Indiana Journal of Global Legal Studies

In the past decade, medical tourism-the travel of patients across borders to receive medical treatment-has undergone unprecedented growth, fueled by the globalization of health care and related industries. While medical tourism can benefit patients through increased access to treatment and cost-savings, medical travel also raises concerns about ensuring quality of care and legal redress in medical malpractice. Moreover, existing regulations fail to address these unprecedented issues. The multilateral adoption of an International Constitution of Patient Rights (ICPR) is necessary in order to more effectively preserve medical tourism's benefits and guard against its risks.

Will The Ebola Epidemic Serve To Make Reform Of The Broken Health Research And Development Framework Go Viral?, Jeremy Mcdonald

Indiana Journal of Global Legal Studies

The recent Ebola outbreak in West Africa has captured the public imagination as few other epidemics have, as its rapid spread and lethal effect demonstrated the devastating toll that infectious diseases can exact from a world unprepared to confront them. In light of the epidemic's tragic consequences, numerous experts have called for reform of the system of global health governance whose shortfalls allowed the epidemic to assume the horrifying dimensions it did. Among the many inadequacies that the outbreak uncovered is the insufficient amount of research into and development of treatments and vaccines for infectious diseases of poverty, among them …

Abortion, Informed Consent, And Regulatory Spillover, Katherine A. Shaw, Alex Stein

Indiana Law Journal

The constitutional law of abortion stands on the untenable assumption that any state’s abortion regulations impact citizens of that state alone. On this understand-ing, the state’s boundaries demarcate the terrain on which women’s right to abortion clashes with state power to regulate that right.

This Article uncovers a previously unnoticed horizontal dimension of abortion regulation: the medical-malpractice penalties imposed upon doctors for failing to inform patients about abortion risks; the states’ power to define those risks, along with doctors’ informed-consent obligations and penalties; and, critically, the possi-bility that such standards might cross state lines. Planned Parenthood v. Casey and other …

Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos

Indiana Law Journal

In this Essay, I hope to do two things: First, I try to put the current labor-disability controversy into that broader context. Second, and perhaps more important, I take a position on how disability rights advocates should approach both the current contro-versy and labor-disability tensions more broadly. As to the narrow dispute over wage-and-hour protections for personal-assistance workers, I argue both that those workers have a compelling normative claim to full FLSA protection—a claim that disability rights advocates should recognize—and that supporting the claim of those workers is pragmatically in the best interests of the disability rights movement. As to …

Intractable Delay And The Need To Amend The Petition Provisions Of The Fdca, Diana R. H. Winters

Indiana Law Journal

Private party oversight has proven to be ineffective at countering inaction by the Food and Drug Administration (FDA). Inaction when regulation is warranted can put the public at continued and increasing risk of harm, but the failure of private enforcement to compel action reverberates beyond this harm to the interests of individuals. It also diminishes the transparency of agency decision making, lessens the opportunity for public participation, and reduces the interaction between the institutions that oversee agencies. Moreover, the benefits afforded to the administrative process by judicial review are weakened.

This Article analyzes two examples of FDA inertia and compares …

Dualism And Doctrine, Dov Fox, Alex Stein

Indiana Law Journal

What kinds of harm among those that tortfeasors inflict are worthy of compensation? Which forms of self-incriminating evidence are privileged against government compulsion? What sorts of facts constitute a criminal defendant’s intent? Existing doctrine pins the answer to all of these questions on whether the injury, facts, or evidence at stake are “mental” or “physical.” The assumption that operations of the mind are meaningfully distinct from those of the body animates fundamental rules in our law.

A tort victim cannot recover for mental harm on its own because the law presumes that he is able to unfeel any suffering arising …

Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jim Hawkins

Indiana Law Journal

Scholarship on assisted reproductive technologies (ART) has emphasized the commercial nature of the interaction between fertility patients and their physicians, but little attention has been paid to precisely how clinics persuade patients to choose their clinics over their competitors’. This Article offers evidence about how clinics sell ART based on clinics’ advertising on their websites. To assess clinics’ marketing efforts, I coded advertising information on 372 fertility clinics’ websites. The results from the study confirm some suspicions of prior ART scholarship while contradicting others. For instance, in line with scholars who are concerned that racial minorities face barriers to accessing …

Selling Art Or Selling Out?: A Response To Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jody L. Madeira

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook

IP Theory

No abstract provided.

George P. Smith, Ii's Law And Bioethics - Intersections Along The Mortal Ciol, Michael Donald Kirby The Honourable

Indiana Journal of Global Legal Studies

No abstract provided.

Rethinking Hiv-Exposure Crimes, Margo Kaplan

Indiana Law Journal

This Article challenges the current legislative and scholarly approaches to HIV-exposure crimes and proposes an alternative framework to address their flaws. Twenty-four states criminalize consensual sexual activities of people with HIV. Current statutes and the scholarship that supports them focus on HIV-positive status, sexual activity, and knowledge of HIV-positive status as proxies for risk, mental state, and consent to risk. As a result, they are dramatically over- and underinclusive and stigmatize individuals living with HIV. Criminalization should be limited to circumstances in which a defendant exposed her partner to a substantial degree of unassumed risk and did so with a …

A Thousand Tiny Pieces: The Federal Circuit’S Fractured Myriad Ruling, Lessons To Be Learned, And The Way Forward, Jonathan R. K. Stroud

IP Theory

No abstract provided.

Introduction: Emerging Paradigms In Bioethics Symposium, Roger B. Dworkin

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

A Response To Beauchamp, David H. Smith

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Principles And Particularity: The Role Of Cases In Bioethics, John D. Arras

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Bioethics With A Human Face, Carl E. Schneider

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Posthumous Reproduction, John A. Robertson

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Society And The Balance Of Professional Dominance, And Patient Autonomy In Medical Care, Bernice A. Pescosolido

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Principals And Other Emerging Paradigms In Bioethics, Tom L. Beauchamp

Indiana Law Journal

Symposium:Emerging Paradigms in Bioethics

Are Principles Ever Properly Ignored? A Reply To Beauchamp Or Bioethical Paradigms, Karen Hanson

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Narrative And Casuistry: A Response To John Arras, Richard B. Miller

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Posthumous Autonomy Revisited, Fred H. Cate

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Bioethics And Epistemology: A Response To Professor Arras, Susan H. Williams

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Problem Behavior: Pathology, Lawyers, And Referrals, Edwin H. Greenebaum

Indiana Law Journal

No abstract provided.

Indiana's Guilty But Mentally Ill Statute: Blueprint To Beguile The Jury, Scott A. Kinsey

Indiana Law Journal

No abstract provided.

The Runaways, Richard David Young

IUSTITIA

At the present stage of development, the varied literature on runaway children and adolescents provides little basis for firm conclusions. The apparent heterogeneity of runaways has yet to be fully realized in conceptual or research attempts, although efforts in that direction are beginning. There appears to be little utility or meaning in assigning runaway behavior solely to categories of delinquency or psychopathology. Such efforts have done little to clarify the meaning of running away or to define the important environmental factors and personality features involved in running away. To some extent their greatest impact has been on the restriction of …

Changing Attitudes Toward Euthanasia, Alice V. Mehling

IUSTITIA

Death is a very individual matter which does not readily lend itself to collective decision. Medical ethicists frequently conclude that to allow a person to die from malice is more reprehensible than to help a person to die from mercy. The most striking change which is taking place in consideration of the problem is recognition of the need to reinforce the patient's right to decide on the course of medical treatment.

A New York Times editorial of February 3, 1903 condemned the practice of active euthanasia by comparing it to "practices of savages in all parts of the world". Seventy …

Informed Consent And Medical Experimentation, George H. Martin Jr.

IUSTITIA

Certain biomedical technologies already or almost already with us "threaten to reduce the meaning of man and to degrade the human spirit in the very process of becoming technologically feasible, long before the final stage of deployment and widespread use has been reached." It is this threat that has prompted me to consider certain medical and legal problems associated broadly with the human experimentation process. I shall be examining the concept of "informed consent" to both experimental medical therapy and nontherapeutic scientific experimentation as a means of protecting man from the potential ravages of a zealous application of scientific advances …