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Articles 1 - 19 of 19

Full-Text Articles in Law

Legal Methodologies For Maximizing Freedom Of Scientific Research, Charles Baron Aug 2013

Legal Methodologies For Maximizing Freedom Of Scientific Research, Charles Baron

Charles H. Baron

No abstract provided.


How Can We Improve Drug Safety?, Robert I. Field Oct 2007

How Can We Improve Drug Safety?, Robert I. Field

Robert I. Field

No abstract provided.


The Genographic Project: Traditional Knowledge And Population Genetics, Matthew Rimmer Oct 2007

The Genographic Project: Traditional Knowledge And Population Genetics, Matthew Rimmer

Matthew Rimmer

This article considers the debate over patent law, informed consent, and benefit-sharing in the context of biomedical research in respect of Indigenous communities. In particular, it focuses upon three key controversies over large-scale biology projects, involving Indigenous populations. These case studies are representative of the tensions between research organisations, Indigenous communities, and funding agencies. Section two considers the aims and origins of the Human Genome Diversity Project, and criticisms levelled against the venture by Indigenous peak bodies and anti-biotechnology groups, such as the Rural Advancement Foundation International. It examines the ways in which the United Nations Educational, Scientific, and Cultural …


Access To Community Healthcare For Youth In The Juvenile Justice System: Initial Lessons From The Massachusetts Health Passport Project, Francine Sherman Sep 2007

Access To Community Healthcare For Youth In The Juvenile Justice System: Initial Lessons From The Massachusetts Health Passport Project, Francine Sherman

Francine T. Sherman

From 2004-2010, the author directed the Massachusetts Health Passport Project (MHPP), aimed at facilitating continuous access to healthcare for girls and boys in the juvenile justice system in two Massachusetts counties. This article describes the health challenges facing youth, and particularly girls in the juvenile justice system including the significant barriers to health care access that these youth face. It goes on to describe the Massachusetts Health Passport Project, designed to: 1. Improve access to healthcare; 2) Change relevant systems; 3) Improve youth’s social supports; and 4) Improve youth’s health status. The article draws on an evaluation of MHPP to …


Bioethics And Law In The United States: A Legal Process Perspective, Charles Baron Aug 2007

Bioethics And Law In The United States: A Legal Process Perspective, Charles Baron

Charles H. Baron

No abstract provided.


La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva Jul 2007

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano


Silence Is Not Always Golden In Medical Decision-Making, Michael Moreland Jun 2007

Silence Is Not Always Golden In Medical Decision-Making, Michael Moreland

Michael P. Moreland

No abstract provided.


The Hong Kong Amendment To The Trips Agreement: A Submission To The Joint Standing Committee On Treaties., Matthew Rimmer May 2007

The Hong Kong Amendment To The Trips Agreement: A Submission To The Joint Standing Committee On Treaties., Matthew Rimmer

Matthew Rimmer

In the wake of the Doha Declaration on the TRIPS Agreement and Public Health 2001 and the WTO General Council Decision 2003, there is a need for industrialised nations to implement legislation to enable the export of pharmaceutical drugs to address public health concerns.I would argue that the Patents Act 1990 (Cth) should make provision for the grant of a compulsory licence over a patented invention in circumstances of ‘a national emergency or other circumstances of extreme urgency, or in cases of public non-commercial use’. Such a measure is necessary to deal with the possibility of public health epidemics that …


Segundo Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García May 2007

Segundo Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Segundo Congreso Nacional de Organismos Públicos Autónomos. "Autonomía, Profesionalización, Control y Transparencia"


Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva May 2007

Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Healthy Competition: What’S Holding Back Health Care And How To Free It, Michael F. Cannon Jan 2007

Healthy Competition: What’S Holding Back Health Care And How To Free It, Michael F. Cannon

Michael F. Cannon

No abstract provided.


Rethinking The Procreative Right, Carter Dillard Jan 2007

Rethinking The Procreative Right, Carter Dillard

Carter Dillard

Few principles are as universally accepted in legal scholarship today, but based on such scant support, as the fundamental nature and broad scope of the right to procreate. What is perceived as a vague but nonetheless justified legal and moral interest to procreate freely without regard to others is, upon closer examination, based on little more than misconstrued or inapposite case precedent and blurry statements in non-binding sources of international law. By relying on this authority, conflating procreation with conceptually distinguishable behaviors, presuming its intrinsic value, and ignoring competing rights and duties, lawyers have largely overlooked procreation and its legal …


Health Savings Accounts, Robert Field Dec 2006

Health Savings Accounts, Robert Field

Robert I. Field

Despite the increasing “consumer-like” role of patients in choosing health savings accounts (HSAs), do these plans nonetheless leave those who are most sick and vulnerable out in the cold? And what will be the impact of HSAs on Medicare?


Mental Health Parity Laws, Louis Graham, Kisha Braithwaite Dec 2006

Mental Health Parity Laws, Louis Graham, Kisha Braithwaite

Louis F Graham

Mental illnesses and disorders affect many people around the world annually, but unfortunately infrastructures and systems are not in place to adequately address these issues as much as they are for somatic diseases and ailments. Mental Health Parity Law seeks to equalize and improve available and accessible mental health treatment with medical care by mandating insurance and payment provisions. Mental Health Parity Law exists at federal and most state levels, however, federal and many state laws are not as inclusive and comprehensive as is necessary to fully reap the benefits of increased quality and affordable mental healthcare.


Parental Refusal Of Medical Treatment For A Newborn, Michael Moreland Dec 2006

Parental Refusal Of Medical Treatment For A Newborn, Michael Moreland

Michael P. Moreland

No abstract provided.


Using Insurance Law And Policy To Interpret The Tax Code's Loss And Medical Expense Provisions, Andrew Blair-Stanek Dec 2006

Using Insurance Law And Policy To Interpret The Tax Code's Loss And Medical Expense Provisions, Andrew Blair-Stanek

Andrew Blair-Stanek

No abstract provided.


Beyond Drug Coverage: The Cumulative Effect Of Privatization Reforms In The Medicare Modernization Act, Robert I. Field, Richard G. Stefanacci Dec 2006

Beyond Drug Coverage: The Cumulative Effect Of Privatization Reforms In The Medicare Modernization Act, Robert I. Field, Richard G. Stefanacci

Robert I. Field

No abstract provided.


Mandatory Gun Ownership, The Militia Census Of 1806, And Background Assumptions Concerning The Early American Right To Arms: A Cautious Response To Robert Churchill, William G. Merkel Dec 2006

Mandatory Gun Ownership, The Militia Census Of 1806, And Background Assumptions Concerning The Early American Right To Arms: A Cautious Response To Robert Churchill, William G. Merkel

William G. Merkel

In "Gun Ownership in Early America," published in the William and Mary Quarterly in 2003,' Robert Churchill drew on probate inventories and militia records to make the case that arms ownership was pervasive in late colonial, revolutionary, and early national America. Churchill concluded with the observation that "[i]t is time to ponder what these guns meant to their owners and how that meaning changed over time."'2 In his substantial contribution to this volume of Law and History Review,3 Churchill takes up that challenge himself and advances the claim that widespread arms ownership engendered a sense of possessory entitlement, and that …


Patient Mobility And National Health Systems, Mel Cousins Dec 2006

Patient Mobility And National Health Systems, Mel Cousins

Mel Cousins

In the last decade, there have been a number of very important judgments of the Court of Justice in relation to patient mobility under article 49 EC and public health systems. Until recently, however, these had referred only to hybrid and private insurance systems. An important question remained as to whether this line of caselaw applied to national health systems and, if so, in what manner. This has now been addressed by the Court of Justice in the Watts case, which concerned the UK national health system (NHS). This note discusses that case.