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Articles 1 - 30 of 130
Full-Text Articles in Law
Health Care Law, Kathleen M. Mccauley
Health Care Law, Kathleen M. Mccauley
University of Richmond Law Review
No abstract provided.
Are Biotech Crops And Conventional Crops Like Products? An Analysis Under Gatt, Julian Wong
Are Biotech Crops And Conventional Crops Like Products? An Analysis Under Gatt, Julian Wong
Duke Law & Technology Review
The transatlantic debate over the use of genetically modified organisms ("GMO"s) as food products, with the US as a proponent on one side, and the European Union ("EU") as an opponent on the other, is set to take center stage. The US has initiated formal legal action under the World Trade Organization Dispute Settlement System, charging that the EU violates several agreements of international trade law, including Article III of GATT, an anti-protectionist measure which forbids a country from favoring its own products over imported "like products." The US claims that GMOs and conventional crops are "like products,, and that …
Women In Clinical Trials—Where Are They?, Jillian Hemstock
Women In Clinical Trials—Where Are They?, Jillian Hemstock
Buffalo Women's Law Journal
No abstract provided.
Medicare And Political Analysis: Omissions, Understandings, And Misunderstandings, Theodore Marmor, Spencer Martin, Jonathan Oberlander
Medicare And Political Analysis: Omissions, Understandings, And Misunderstandings, Theodore Marmor, Spencer Martin, Jonathan Oberlander
Washington and Lee Law Review
No abstract provided.
Beyond Beneficiaries: Using The Medicare Program To Accomplish Broader Public Goals, Dean M. Harris
Beyond Beneficiaries: Using The Medicare Program To Accomplish Broader Public Goals, Dean M. Harris
Washington and Lee Law Review
No abstract provided.
If Paying For Quality Is Such A Bad Idea, Why Is Everyone For It?, Bruce C. Vladeck
If Paying For Quality Is Such A Bad Idea, Why Is Everyone For It?, Bruce C. Vladeck
Washington and Lee Law Review
No abstract provided.
The Future Of Medicare, Post Great Society And Post Plus-Choice: Legal And Policy Issues--Foreword, Timothy Stoltzfus Jost
The Future Of Medicare, Post Great Society And Post Plus-Choice: Legal And Policy Issues--Foreword, Timothy Stoltzfus Jost
Washington and Lee Law Review
No abstract provided.
The Politics Of Medicare Reform, Jonathan Oberlander
The Politics Of Medicare Reform, Jonathan Oberlander
Washington and Lee Law Review
No abstract provided.
Medicare Meets Mephistopheles, David A. Hyman
Medicare Meets Mephistopheles, David A. Hyman
Washington and Lee Law Review
No abstract provided.
Modernizing Medicare's Benefit Structure, Marilyn Moon
Modernizing Medicare's Benefit Structure, Marilyn Moon
Washington and Lee Law Review
No abstract provided.
What If Technology Never Stops Improving? Medicare's Future Under Continuous Cost Increases, Mark V. Pauly
What If Technology Never Stops Improving? Medicare's Future Under Continuous Cost Increases, Mark V. Pauly
Washington and Lee Law Review
No abstract provided.
Paying For Quality And Doing It Right, Robert A. Berenson
Paying For Quality And Doing It Right, Robert A. Berenson
Washington and Lee Law Review
No abstract provided.
The Administration Of Medicare: A Neglected Issue, Thomas H. Stanton
The Administration Of Medicare: A Neglected Issue, Thomas H. Stanton
Washington and Lee Law Review
No abstract provided.
Mediating With An 800-Pound Gorilla: Medicare And Adr, Phyllis E. Bernard
Mediating With An 800-Pound Gorilla: Medicare And Adr, Phyllis E. Bernard
Washington and Lee Law Review
No abstract provided.
Medicare Coverage Decision-Making And Appeal Procedures: Can Process Meet The Challenge Of New Medical Technology?, Eleanor D. Kinney
Medicare Coverage Decision-Making And Appeal Procedures: Can Process Meet The Challenge Of New Medical Technology?, Eleanor D. Kinney
Washington and Lee Law Review
No abstract provided.
Between The Scalpel And The Lie: Comparing Theories Of Physician Accountability For Misrepresentations Of Experience And Competence, Heyward H. Bouknight, Iii
Between The Scalpel And The Lie: Comparing Theories Of Physician Accountability For Misrepresentations Of Experience And Competence, Heyward H. Bouknight, Iii
Washington and Lee Law Review
No abstract provided.
Is There Light At The End Of The Tunnel? Balancing Finality And Accuracy For Federal Black Lung Benefits Awards, Brian L. Hager
Is There Light At The End Of The Tunnel? Balancing Finality And Accuracy For Federal Black Lung Benefits Awards, Brian L. Hager
Washington and Lee Law Review
No abstract provided.
Hatch–Waxman Reform And Accelerated Market Entry Of Generic Drugs: Is Faster Necessarily Better?, Sarah E. Eurek
Hatch–Waxman Reform And Accelerated Market Entry Of Generic Drugs: Is Faster Necessarily Better?, Sarah E. Eurek
Duke Law & Technology Review
Recently there has been a considerable amount of pressure to accelerate consumer access to generic drugs, which are significantly less expensive than their brand-name counterparts. One way to bring generic drugs on to the market sooner is through revision of the existing law relating to pharmaceutical patents. This iBrief describes recent regulatory changes to the Drug Price Competition and Patent Term Restoration Act (the Hatch-Waxman Act), which governs the patenting process for new drug products, as well as current legislative efforts to speed generic access through Hatch-Waxman reform. This iBrief also assesses whether these changes will be beneficial to consumers …
Dr. Jekyll's Waiver Of Mr. Hyde's Right To Refuse Medical Treatment: Washington's New Law Authorizing Mental Health Care Advance Directives Needs Additional Protections, Nick Anderson
Washington Law Review
Mental health care advance directives are gaining popularity nationwide. Following a growing trend, the Washington State Legislature has recently passed a law allowing patients to draft mental health care advance directives that could be irrevocable. Patients who sign an irrevocable directive essentially waive their fundamental right to refuse treatment in the future. The United States Supreme Court has held that waivers of fundamental rights must be made knowingly, voluntarily, and intelligently. However, as passed, Washington's new law contains insufficient safeguards to guarantee such a waiver. This Comment proposes that the Washington State Legislature amend this law to require two additional …
Unmanaged Care: Towards Moral Fairness In Health Care Coverage, Sharona Hoffman
Unmanaged Care: Towards Moral Fairness In Health Care Coverage, Sharona Hoffman
Indiana Law Journal
Health insurers are generally guided by the principle of "actuarial fairness," according to which they distinguish among various risks on the basis of costrelated factors. Thus, insurers often limit or deny coverage for vision care, hearing aids, mental health care, and even AIDS treatment based on actuarial justifications. Furthermore, approximately forty-two million Americans have no health insurance at all, because most of these individuals cannot afford the cost of insurance. This Article argues that Americans have come to demand more than actuarial fairness from health insurers and are increasingly concerned about what I call "moral fairness." This is evidenced by …
Reviving Informed Consent: Using Risk Perception In Clinical Trials, Dana Ziker
Reviving Informed Consent: Using Risk Perception In Clinical Trials, Dana Ziker
Duke Law & Technology Review
The current doctrine of informed consent falls far short of its potential to serve as a valuable safeguard for human research subjects. Instead of providing a channel of communication between physician and subject, informed consent is a lifeless entity responsible for a large portion of the misunderstanding existing between these parties. Acknowledging risk perception principles may help transform the informed consent process into an effective communication of health risks.
Affixing Blame: Ideologies Of Hiv/Aids In Thailand, Tarik Abdel-Monem
Affixing Blame: Ideologies Of Hiv/Aids In Thailand, Tarik Abdel-Monem
San Diego International Law Journal
This Article focuses on ideologies of the HIV/AIDS epidemic in Thailand, one of many nations where the HIV/AIDS pandemic has reached alarming levels. Not unlike other nations struggling with HIV/AIDS, an epidemic of stigma and blame has developed in Thailand with increasing rates of infection among the population. Understandings of whom to blame for the epidemic, and how to realize appropriate solutions, have likewise developed as the epidemic continues to persist and spread. This Article examines these ideologies and how they are mediated through the lens of popular culture in contemporary Thailand. It attempts to examine the reasoning of such …
Conundrums With Penumbras: The Right To Privacy Encompasses Non-Gamete Providers Who Create Preembryos With The Intent To Become Parents, Lainie M.C. Dillon
Conundrums With Penumbras: The Right To Privacy Encompasses Non-Gamete Providers Who Create Preembryos With The Intent To Become Parents, Lainie M.C. Dillon
Washington Law Review
To date, five state high courts have resolved disputes over frozen preembryos. These disputes arose during divorce proceedings between couples who had previously used assisted reproduction and cryopreserved excess preembryos. In each case, one spouse wished to have the preembryos destroyed, while the other wanted to be able to use or donate them in the future. The parties in these cases invoked the constitutional right to privacy to argue for dispositional control over the preembryos; two of the five cases were resolved by relying on this right. The constitutional right to privacy protects intimate decisions involving procreation, marriage, and family …
Toward A More Communitarian Future? Fukuyama As The Fundamentalist Secular Humanist, June Carbone
Toward A More Communitarian Future? Fukuyama As The Fundamentalist Secular Humanist, June Carbone
Michigan Law Review
With The End of History and the Last Man, Francis Fukuyama established himself as the prophet of liberal democracy and free markets, heralding their triumph as the only form of governance capable of commanding legitimacy. Asked to reflect on his predictions a decade later, Fukuyama concluded that the greatest threat to liberalism comes from biotechnology because it alone has the potential to remake the human nature that liberal democracy was designed to serve. Fukuyama makes a compelling case that biotechnology may produce developments that should concern us; he is ironically less persuasive in articulating a liberal-democratic framework for governing the …
Pressing Precaution Beyond The Point Of Cost-Justification, Gregory C. Keating
Pressing Precaution Beyond The Point Of Cost-Justification, Gregory C. Keating
Vanderbilt Law Review
Years ago, Bruce Ackerman contrasted two competing perspectives on law, that of the "ordinary observer" and that of the "scientific policymaker."' The perceptions and discourse of the "ordinary observer," Ackerman explained, start from the common practices and language of laymen. The "scientific policymaker" takes the realization of particular objectives-efficient precaution against risks of accidental injury and death, for example-as her end and uses the law as an instrument toward that end. Clashes between these two perspectives are endemic to our legal culture. Nowhere in the law of accidents is that conflict sharper than in cases where the risks imposed threaten …
Reforming Civil Rights With Systems Reform: Health Care Disparities, Translation Services, & Safe Harbors, Sidney D. Watson
Reforming Civil Rights With Systems Reform: Health Care Disparities, Translation Services, & Safe Harbors, Sidney D. Watson
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Commentary: Racial Disparities In Health Care, Timothy S. Jost
Commentary: Racial Disparities In Health Care, Timothy S. Jost
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Correctional Mental Health Law And Policy: A Primer, Fred Cohen
Correctional Mental Health Law And Policy: A Primer, Fred Cohen
University of the District of Columbia Law Review
No abstract provided.
Protecting Parolees Under The Ada And Rehab Act, Giovanna Shay
Protecting Parolees Under The Ada And Rehab Act, Giovanna Shay
University of the District of Columbia Law Review
No abstract provided.
Criminalization Of People With Mental Illnesses: The Role Of Mental Health Courts In System Reform, Robert Bernstein, Tammy Seltzer
Criminalization Of People With Mental Illnesses: The Role Of Mental Health Courts In System Reform, Robert Bernstein, Tammy Seltzer
University of the District of Columbia Law Review
No abstract provided.