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Full-Text Articles in Law

23andme Inc.: Patent Law And Lifestyle Genetics, Matthew Rimmer Dec 2012

23andme Inc.: Patent Law And Lifestyle Genetics, Matthew Rimmer

Matthew Rimmer

The venture, 23andMe Inc., raises a host of issues in respect of patent law, policy, and practice in respect of lifestyle genetics and personalised medicine. The company observes: ‘We recognize that the availability of personal genetic information raises important issues at the nexus of ethics, law, and public policy’. 23andMe Inc. has tested the boundaries of patent law, with its patent applications, which cut across information technology, medicine, and biotechnology. The company’s research raises fundamental issues about patentability, especially in light of the litigation in Bilski v. Kappos, Mayo Collaborative Services v. Prometheus Laboratories Inc. and Association for Molecular Pathology …


Moral Disengagement Of Medical Providers: Another Clue To The Continued Inadequate Treatment Of Pain, Kelly Dineen Apr 2012

Moral Disengagement Of Medical Providers: Another Clue To The Continued Inadequate Treatment Of Pain, Kelly Dineen

Kelly Dineen

The neglect of treatable pain is an ongoing reality for patients in all health care settings despite decades of research, education, institutional and organizational initiatives and regulatory reform. Most recently the Accountable Care Act and the Institute of Medicine have called for further work to understand and correct the continued inadequate treatment of pain. To date, research has identified a variety of barriers to treatment from educational deficits to biases to regulatory scrutiny with little change in practice. Yet, very little research has addressed the social cognitive mechanisms used by providers who continue to undertreat pain. This article explores the …


Terminal Stress: An Analysis Of Jewish And Common Law Doctrines Related To The Effects Of Stress On Seriously Ill Patients, Martin Hirschprung Feb 2012

Terminal Stress: An Analysis Of Jewish And Common Law Doctrines Related To The Effects Of Stress On Seriously Ill Patients, Martin Hirschprung

martin hirschprung

This essay compares two American legal doctrines -- deathbed bequests and the therapeutic exception to informed consent -- with their Jewish law counterparts in order to contribute to the literature on these doctrines, evaluate recent empirical data and make suggestions concerning the current position of academics and practitioners. In this essay, I will explore the history and theory underlying the laws of delivery for deathbed bequests and the therapeutic exception to informed consent. In order to highlight the principles motivating the common law, I examine the Jewish law’s approach to these doctrines. I posit that Jewish law and common law …