Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Maryland Francis King Carey School of Law (28)
- Case Western Reserve University School of Law (20)
- Loyola University Chicago, School of Law (19)
- St. Mary's University (16)
- Cleveland State University (10)
-
- University of Kentucky (10)
- University of San Diego (9)
- American University Washington College of Law (6)
- Duke Law (5)
- UIC School of Law (5)
- University at Buffalo School of Law (5)
- University of Michigan Law School (3)
- Seattle University School of Law (2)
- The Catholic University of America, Columbus School of Law (2)
- University of Washington School of Law (2)
- Vanderbilt University Law School (2)
- Villanova University Charles Widger School of Law (2)
- Washington and Lee University School of Law (2)
- Schulich School of Law, Dalhousie University (1)
- The University of Maine (1)
- University of Baltimore Law (1)
- University of Richmond (1)
- Keyword
-
- Children (15)
- St. Mary’s Law Journal (12)
- St. Mary’s University School of Law (11)
- Public health (8)
- Genetics (7)
-
- Health care (7)
- Health law (7)
- Health & Biotechnology (5)
- Mediation (5)
- Ethics (4)
- Grimes v. Kennedy Krieger Institute (4)
- Inc. (4)
- Legal malpractice (4)
- Legislation (4)
- Medicaid (4)
- Medicare (4)
- Breach of duty (3)
- Conflict of interest (3)
- Conflict resolution (3)
- Dispute resolution (3)
- Food and Drug Administration Modernization Act of 1997 (3)
- Individuals with disabilities education act (3)
- Managed care organizations (3)
- Negligence (3)
- Texas Supreme Court (3)
- Abortion (2)
- Alternative dispute resolution (2)
- American Bar Association (ABA) (2)
- Antitrust (2)
- Cedar rapids community school district v. garret f. (2)
- Publication
-
- Journal of Health Care Law and Policy (28)
- Health Matrix: The Journal of Law-Medicine (20)
- St. Mary's Law Journal (16)
- Annals of Health Law and Life Sciences (11)
- Kentucky Law Journal (10)
-
- Journal of Law and Health (9)
- San Diego Law Review (9)
- American University Law Review (6)
- Duke Law & Technology Review (5)
- Public Interest Law Reporter (5)
- UIC Law Review (4)
- Buffalo Women's Law Journal (3)
- Loyola Consumer Law Review (3)
- Michigan Law Review (3)
- Buffalo Public Interest Law Journal (2)
- Journal of Contemporary Health Law & Policy (1985-2015) (2)
- Seattle University Law Review (2)
- Villanova Law Review (2)
- Washington International Law Journal (2)
- Washington and Lee Law Review (2)
- Cleveland State Law Review (1)
- Dalhousie Journal of Legal Studies (1)
- Maine Policy Review (1)
- UIC John Marshall Journal of Information Technology & Privacy Law (1)
- University of Baltimore Law Review (1)
- University of Richmond Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- Vanderbilt Law Review (1)
Articles 1 - 30 of 152
Full-Text Articles in Law
Defining A New Ethical Standard For Human In Vitro Embryos In The Context Of Stem Cell Research, Sina A. Muscati
Defining A New Ethical Standard For Human In Vitro Embryos In The Context Of Stem Cell Research, Sina A. Muscati
Duke Law & Technology Review
This iBrief discusses some of the social, ethical and legal considerations surrounding the use of unimplanted, in vitro embryos in stem cell research. It proposes that a new ethical standard be elucidated for these embryos. The iBrief gives an overview of two proposals for such a standard at opposite ends of the spectrum: treating the in vitro embryo as a legal person versus treating it as mere property. It argues against both approaches. The former can have undesirable social implications including undue interference with female reproductive autonomy, while the latter would objectify potential human life and reproductive potential. The iBrief …
Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler
Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler
Michigan Law Review
When Congress passed the Americans with Disabilities Act ("ADA") on July 26, 1990, supporters heralded the Act as a full-scale victory for the 43 million disabled Americans. The Act's protections went far beyond those of its predecessor, the Rehabilitation Act of 1974, which only prohibited discrimination against individuals with disabilities by entities receiving federal funding. The new act was intended to prevent discrimination by private and public employers, public services, and public accommodations. In a bill signing ceremony at the White House, in front of more than two thousand advocates for the disabled, then President George Bush likened the ADA …
Regulating Functional Foods: Pre- And Post-Market Strategy, Dana Ziker
Regulating Functional Foods: Pre- And Post-Market Strategy, Dana Ziker
Duke Law & Technology Review
As best we understand the government, its first argument runs along the following lines: that health claims lacking "significant scientific agreement" are inherently misleading because they have such an awesome impact on consumers as to make it virtually impossible for them to exercise any judgment at the point of sale. It would be as if the consumers were asked to buy something while hypnotized, and therefore they are bound to be misled. We think this contention is almost frivolous.
Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt
Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt
University of Richmond Law Review
No abstract provided.
Medicaid And The Unconstitutional Dimensions Of Prior Authorization, Jagan Nicholas Ranjan
Medicaid And The Unconstitutional Dimensions Of Prior Authorization, Jagan Nicholas Ranjan
Michigan Law Review
The political outcry over prescription drug costs has been one of the most vociferous in recent memory. From tales depicting renegade seniors sneaking cheap prescriptions of Vioxx out of Tijuana across the border, to the promises of reduced prices made by front-runners during the 2000 Presidential election, the calls for lower drug prices have been forceful and demanding. This war for lower-priced pharmaceuticals fought by consumers, interest groups and politicians against the pharmaceutical industry itself has recently developed yet another front. The latest battle is over Medicaid. The new victims are the poor. Presently, federal statutory provisions in the Medicaid …
Genetic Testing In The Workplace: The Employer’S Coin Toss, Samantha French
Genetic Testing In The Workplace: The Employer’S Coin Toss, Samantha French
Duke Law & Technology Review
A toss of the coin by the modern-day employer reveals two options regarding genetic testing in the workplace. The employer may choose to take advantage of increasingly precise, available, and affordable genetic testing in order to ascertain the genetic characteristics - and deficiencies - of its employees. This outcome exposes the employer to a vast array of potential litigation and liability relating to the Americans with Disabilities Act, the Fourth Amendment, Title VII of the Civil Rights Act, and state legislation designed to protect genetic privacy. Alternatively, the employer may neglect to indulge in this trend of genetic testing and …
Parens Patriae: Protecting Our Children Or Crossing The Line? The Lingering Smoke Debate, Tonia Ettinger
Parens Patriae: Protecting Our Children Or Crossing The Line? The Lingering Smoke Debate, Tonia Ettinger
Buffalo Women's Law Journal
No abstract provided.
The "Unborn Child" Regulation: An Inefficient Legal Approach To Providing Prenatal Care, Bethany J. Gilbert
The "Unborn Child" Regulation: An Inefficient Legal Approach To Providing Prenatal Care, Bethany J. Gilbert
Buffalo Women's Law Journal
No abstract provided.
From Bartell To Erickson To Mauldin: Title Vii's Effect On Insurance Coverage Of Contraceptives, Mari K. Cania
From Bartell To Erickson To Mauldin: Title Vii's Effect On Insurance Coverage Of Contraceptives, Mari K. Cania
Buffalo Women's Law Journal
No abstract provided.
Changing Boundaries: Child Abuse, Public Health, And Separation Of Church And State, Brian K. Gran, Laurel Gaddie
Changing Boundaries: Child Abuse, Public Health, And Separation Of Church And State, Brian K. Gran, Laurel Gaddie
Buffalo Public Interest Law Journal
No abstract provided.
Human Cloning: Beyond The Realm Of The Constitutional Right To Procreative Liberty, Maureen Mcbrien
Human Cloning: Beyond The Realm Of The Constitutional Right To Procreative Liberty, Maureen Mcbrien
Buffalo Public Interest Law Journal
No abstract provided.
Outlawing The Trade In Child Labor Products: Why The Gatt Article Xx Health Exception Authorizes Unilateral Sanctions , Matthew T. Mitro
Outlawing The Trade In Child Labor Products: Why The Gatt Article Xx Health Exception Authorizes Unilateral Sanctions , Matthew T. Mitro
American University Law Review
No abstract provided.
Customizing Conception: A Survey Of Preimplantation Genetic Diagnosis And The Resulting Social, Ethical, And Legal Dilemmas, Jason Christopher Roberts
Customizing Conception: A Survey Of Preimplantation Genetic Diagnosis And The Resulting Social, Ethical, And Legal Dilemmas, Jason Christopher Roberts
Duke Law & Technology Review
One in six American couples experience difficulties conceiving a child. With fertility rates at an all time low, the business of treating infertility is booming. However, due to the United States prohibition on government funding for embryonic research, the $4 billion industry of assisted reproductive technologies (ART) has been incompletely monitored and largely removed from oversight. Additionally, due to the fervent abortion debate, in vitro fertilization (IVF) was introduced in the United States without a research phase and procedures have been forced to evolve in the private sector. Thus, the checks and balances on medical innovation that are generally imposed …
Appropriate Aims: Setting Boundaries For Reprogenetic Technology, Dana Ziker
Appropriate Aims: Setting Boundaries For Reprogenetic Technology, Dana Ziker
Duke Law & Technology Review
Not too long ago, ten fingers and ten toes defined a successful birth. Not too far from now, ten fingers and ten toes will be just the beginning. Parents always hope for a healthy baby, and medical advances continue to help secure the fulfillment of this hope. But reprogenetics, a new combination of technology and science that allows us to choose the genes, and thus the traits, of the children we create, is raising new questions about what it means to have a healthy baby.
The Rx-To-Otc Switch Of Claritin, Allegra, And Zyrtec: An Unprecedented Fda Response To Petitioners And The Protection Of Public Health, Holly M. Spencer
The Rx-To-Otc Switch Of Claritin, Allegra, And Zyrtec: An Unprecedented Fda Response To Petitioners And The Protection Of Public Health, Holly M. Spencer
American University Law Review
No abstract provided.
Out Of The Black Hole: Reclaiming The Crown Of King Coal, Wendy B. Davis
Out Of The Black Hole: Reclaiming The Crown Of King Coal, Wendy B. Davis
American University Law Review
No abstract provided.
Ethical And Legal Issues In Singapore Biomedical Research, Taiwo A. Oriola
Ethical And Legal Issues In Singapore Biomedical Research, Taiwo A. Oriola
Washington International Law Journal
In 2000, Singapore established the national "Bioethics Advisory Committee" to examine the ethical, moral, social, and legal implications of life sciences and biotechnology. The Committee will examine numerous topics, including genetic discrimination, cloning, and stem cell research. The Committee is expected to release its frast set of recommendations concerning stem cell research in the first half of 2002. This paper proposes that leveraging Singapore into a world-class biomedical research center will entail synchronizing the relevant areas of its legal ethics infrastructure and culture with that of the major players in the global biotechnology industry. Conversely, adhering to prevailing local ethical …
Chinese Regulation Of Traditional Chinese Medicine In The Modern World: Can The Chinese Effectively Profit From One Of Their Most Valuable Cultural Resources?, Teresa Schroeder
Chinese Regulation Of Traditional Chinese Medicine In The Modern World: Can The Chinese Effectively Profit From One Of Their Most Valuable Cultural Resources?, Teresa Schroeder
Washington International Law Journal
The global demand for traditional Chinese medicine ("TCM") has exploded in the last thirty years. Demand for TCM products increased both domestically in the People's Republic of China ("PRC") and internationally. However, the stigma of "witch doctoring" associated with TCM remains. Several developed nations have established national and local regulation of TCM practitioners to protect their citizens from dangerous treatments. After almost forty years of virtually unregulated endorsement of TCM, China recently began its own standardization of TCM products and practice. The question must be asked, what inspired such a dramatic and rapid change in Chinese policy? The geyser of …
The Case Against Assisted Suicide Reexamined, Ani B. Satz
The Case Against Assisted Suicide Reexamined, Ani B. Satz
Michigan Law Review
In Toni Morrison's acclaimed novel Beloved, Sethe, a runaway slave woman on the brink of capture, gruesomely murders one of her infant children and is halted seconds before killing the second. Cognizant of the approaching men, Sethe's actions are deliberate, swift, confident, and unflinching. Afterwards, she sits erect in the Sheriff's wagon. The reader is left to struggle, situating the horror of the event within the context of the reality of slavery. Was this an act of mercy tQ prevent the suffering Sethe's child would know as a slave? Is loss of autonomy, even rising to the condition of slavery, …
The Medicare Anti-Kickback Statute: In Need Of Reconstructive Surgery For The Digital Age, Michael E. Paulhus
The Medicare Anti-Kickback Statute: In Need Of Reconstructive Surgery For The Digital Age, Michael E. Paulhus
Washington and Lee Law Review
No abstract provided.
Assisting Minors Seeking Abortions In Judicial Bypass Proceedings: A Guardian Ad Litem Is No Substitute For An Attorney, Elizabeth S. Graybill
Assisting Minors Seeking Abortions In Judicial Bypass Proceedings: A Guardian Ad Litem Is No Substitute For An Attorney, Elizabeth S. Graybill
Vanderbilt Law Review
Since the 1973 decision in Roe v. Wade,' minors have been particularly affected by the efforts of pro-life activists and state legislatures who have curtailed abortion rights by lobbying for and passing legislation that restricts reproductive freedom. Forty-three states have enacted laws requiring a minor either to obtain consent from or to notify one or both parents before undergoing an abortion, and thirty-three of these statutes are currently enforceable. The Supreme Court has recognized the right of parents to be involved in a child's upbringing and the prerogative of the state to limit a minor's freedom to make major life …
The Usage And Meaning Of "Clinical Significance" In Drug-Related Litigation, Sarah M.R. Cravens
The Usage And Meaning Of "Clinical Significance" In Drug-Related Litigation, Sarah M.R. Cravens
Washington and Lee Law Review
No abstract provided.
Transcript For Welcome Address , Andrew Pike
Transcript For Welcome Address , Andrew Pike
American University Law Review
No abstract provided.
Dietary Supplements: A Challenge Facing The Fda In Mad Cow Disease Prevention, Meghan Colloton
Dietary Supplements: A Challenge Facing The Fda In Mad Cow Disease Prevention, Meghan Colloton
American University Law Review
No abstract provided.
Symposium: The Human Genome Project, Dna Science And The Law: The American Legal System's Response To Breakthroughs In Genetic Science: Biographies Of Participants
American University Law Review
No abstract provided.
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
Foreword, Susan Danial, Billy Thomas
Foreword, Susan Danial, Billy Thomas
Annals of Health Law and Life Sciences
No abstract provided.
Taking A Closer Look At The Managed Care Class Actions: Impact Litigation As An Assist To The Market, Kathy L. Cerminara
Taking A Closer Look At The Managed Care Class Actions: Impact Litigation As An Assist To The Market, Kathy L. Cerminara
Annals of Health Law and Life Sciences
Professor Cerminara examines the use of class action lawsuits to empower individuals to challenge health care decision-making. The article begins by noting the benefits of class actions which provide strength in numbers and a far-ranging impact by challenging policy decisions and encouraging corporate responsiveness. Professor Cerminara concludes that class actions are but one step in the process of empowering individuals and decreasing their resentment of the lack of process currently within the health care system.
Competition Law's Role In Health Care Quality, John V. Jacobi
Competition Law's Role In Health Care Quality, John V. Jacobi
Annals of Health Law and Life Sciences
Professor Jacobi's essay analyzes the various regulatory responses that are available to the government when crises in quality of care occur. These responses range from complete government involvement, i.e. "command and control" regulation, to a limited caretaker role in maximizing market forces. In responding to the recent IOM Report on human error in medical care, Professor Jacobi looks back to the 1986 IOM Report that revealed the crisis of care going on in nursing homes as well as the more recent controversy involving managed care. Following his analysis of the varied governmental approaches to these issues, Professor Jacobi concludes that …
Volume 12 Issue 1 (2002), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Volume 12 Issue 1 (2002), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Health Matrix: The Journal of Law-Medicine
No abstract provided.