Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2002

Health Law and Policy

Journal

Institution
Keyword
Publication

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 Dec 2002

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 Dec 2002

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 Nov 2002

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 Nov 2002

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 Nov 2002

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 Sep 2002

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 Sep 2002

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 Sep 2002

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 Sep 2002

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 Sep 2002

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 Sep 2002

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 Aug 2002

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 Jul 2002

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 Jul 2002

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 Jun 2002

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 Jun 2002

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 Jun 2002

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 Jun 2002

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 May 2002

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 Mar 2002

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 Mar 2002

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 Mar 2002

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 Feb 2002

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 Feb 2002

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 Feb 2002

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 Jan 2002

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Susan Danial, Billy Thomas Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

Volume 12 Issue 1 (2002), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.