Law Commons^™

Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.

Protecting Workers From Genetic Discrimination, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.

The Potential For Discrimination In Health Insurance Based On Predictive Genetic Tests, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.

Advances In Genetic Research And Technologies: Challenges For Public Policy, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.

Integration, Litigation, And Transformation: Using Medicaid To Address Racial Inequities In Health Care, Ruqaiijah A. Yearby

Ruqaiijah A Yearby

Using nursing home care as an example, this article applies a public health policy perspective to the problem. I use empirical data to prove the persistence of racial inequities in health care, analyze the government policies that allow racial inequities to continue, and provide a solution of regulatory integration. Specifically, I propose that civil rights enforcement be integrated with the nursing home enforcement system, which has been aggressively enforced and monitored. There are many strategies that may lead to the adoption of this system. One such strategy is using the Medicaid Act to induce the government to fulfill its non-race …

The Physician Payments Sunshine Act And The Problem Of Pharmaceutical Companies' Influence Over Prescribing Physicians, Andrew L. Younkins

Andrew L Younkins

Recently, concerns over physicians' conflict of interest have increased as the details of some doctors' consulting relationships with pharmaceutical companies surface. In an effort to cleanse medicine of egregiously conflicted doctors, Senator Grassley proposed of the Physician Payments Sunshine Act ("PPSA") in the Senate last year. The Act mandates reporting of uncommonly large payments by drug companies to doctors, but does not confront the panoply of more subtle yet more powerful methods the drug industry uses to influence prescriber behavior. This paper argues that industry-sponsored CME, small gifts, drug samples and drug detailers unconsciously influence physician prescribing behavior, and that …

In Search Of An Enforceable Medical Malpractice Exculpatory Agreement: Introducing Confidential Contracts As A Solution To The Doctor-Patient Relationship Problem, Matthew Lawrence

Matthew B. Lawrence

Health Care And Human Rights After Auton And Chaoulli, Mel Cousins

Mel Cousins

The judicial approach to the interpretation of entitlement to health care under the Canadian Charter of Rights and human rights legislation has tended to swing between interventionist and non-interventionist poles. This article examines the post- Chaoulli case law on health care and the Charter of Rights and/or human rights legislation. It suggests that Chaoulli – whatever about its impact in the legislative arena – has had a somewhat limited impact to date on the case law concerning health care and that the Auton case has clearly had a greater impact to date. It argues that the subsequent case law points …