Law Commons^™

Mercury Rising: The Omnibus Autism Proceeding And What Families Should Know Before Rushing Out Of Vaccine Court, Gordon Shemin

American University Law Review

This Comment sheds light on the “opt-out” provision of the Vaccine Act. It namely discusses the effect of short-form petitions and their impact on subsequent civil action, by examining consequences flowing from the Omnibus Autism Proceeding. In short, it argues that the Vaccine Court erred with its decision to permit short-form petitions by overlooking that procedure’s long-term implications on vaccine plaintiffs. In addition, this Comment lays out a scenario to illustrate the potential pitfalls of a hasty exit from the OAP and offers some guidance to plaintiffs to avoid this outcome. The final part of this Comment offers some ideas …

Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii

Buffalo Law Review

No abstract provided.

The Future Of Generic Biologics: Should The United States “Follow-On” The European Pathway?, Ingrid Kaldre

Duke Law & Technology Review

The United States is embarking on a biotechnology drug revolution. In the last few decades, biotech drugs have saved millions of lives, and the market for these miracle cures continues to grow at an astronomical rate. Unfortunately, as the market for biotech drugs is skyrocketing, drug prices are following suit. As Congress strives to make these new drugs more affordable, it must not ignore significant safety concerns unique to these revolutionary therapies. Congress should follow the lead of the European Union to create an accessible pathway for generic forms of biotech drugs that includes strict regulatory measures to ensure drug …

Are Artificial Tans The New Cigarette? How Plaintiffs Can Use The Lessons Of Tobacco Litigation In Bringing Claims Against The Indoor Tanning Industry, Andrea Y. Loh

Michigan Law Review

Indoor tanning salons have grown significantly in popularity during recent years. Scientific research has revealed a strong link between skin cancer and ultraviolet light exposure from indoor tanning lamps. Despite such dangers, federal regulations place minimal restrictions on the labeling of indoor tanning lamps. Indoor tanning salons work vigorously to dispel notions of a link to skin cancer, often falsely promoting various health benefits of indoor tanning. The first lawsuit for injuries resulting from indoor tanning was recently filed against an indoor tanning salon, and other such litigation is poised to follow. This Note examines three potential tort claims against …

Will The Use Of Racial Statistics In Public Health Surveillance Survive Equal Protection Challenges - A Prolegomenon For The Future, Christopher Ogolla

North Carolina Central Law Review

No abstract provided.

Balco, The Steroids Scandal, And What The Already Fragile Secrecy Of Federal Grand Juries Means To The Debate Over A Potential Federal Media Shield Law, Peter Meyer

Indiana Law Journal

No abstract provided.

Entering The Fog: On The Borderlines Of Mental Capacity, Jonathan Herring

Indiana Law Journal

George P. Smith II Lecture at Indiana University School of Law-Bloomington on September 12, 2007.

Mckithen V. Brown: Due Process And Post-Conviction Dna Testing, Elizabeth A. Laughton

Duke Law & Technology Review

When the Second Circuit decided McKithen v. Brown, it joined an ever-growing list of courts faced with a difficult and pressing issue of both constitutional and criminal law: is there a federal constitutional right of post-conviction access to evidence for DNA testing? This issue, which sits at the intersection of new forensic technologies and fundamental principles of constitutional due process, has divided the courts. The Second Circuit, wary of reaching a hasty conclusion, remanded McKithen’s case to the district court for consideration. The district court for the Eastern District of New York was asked to decide whether a constitutional right …

Big Food's Trip Down Tobacco Road: What Tobacco's Past Can Indicate About Food's Future, Joshua Logan Pennel

Buffalo Public Interest Law Journal

No abstract provided.

Romance Is Dead: Mail Order Bridges As Surrogate Corpses, Daniel Epstein

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

The Unborn Victims Of Violence Act And Its Impact On Reproductive Rights, April A. Alongi

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Hiv Discrimination In Health Care Services In Los Angeles County: The Results Of Three Testing Studies, Brad Sears

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Research With Decisionally Incapacitated Human Subjects: An Argument For A Systemic Approach To Risk-Benefit Assessment, Carl H. Coleman

Indiana Law Journal

The amount of medical research with persons who lack decision-making capacity is rapidly increasing, but in most states it takes place without clear legal authority. In addition to creating significant liability risks for researchers and persons who provide consent on behalf of incapacitated subjects, the lack of explicit legal standards means that few, if any, safeguards exist to protect incapacitated persons' rights and welfare. Previous efforts to close the gap between clinical reality and legal requirements have failed in part because they have not provided a coherent or persuasive ethical justification for permitting this research. This Article seeks to fill …

At The Altar Of Autonomy: The Dangerous Territory Of Abigail Alliance V. Von Eschenbach, Andrea Beth Ott

Buffalo Law Review

No abstract provided.

Protecting Egg Donors And Human Embryos—The Failure Of The South Korean Bioethics And Biosafety Act, Mukta Jhalani

Washington International Law Journal

Human embryonic stem cells have the potential to treat many physical and neurological disorders due to their unique ability to transform into any type of human cell. The process of deriving stem cells from human embryos, however, raises important ethical and regulatory issues. Embryonic stem cell research requires a steady source of human eggs to create embryos that are destroyed during stem cell extraction. International declarations and guidelines protect the two most vulnerable participants of embryonic stem cell research: women who donate eggs for research purposes and human embryos that are destroyed in the research. In 2005, South Korea passed …

The Need For Effective Licensure Laws For Mid-Level Health Care Providers In Countries Facing Chronic Physician Shortages: A Case Study Of The Marshall Islands' Health Assistants, Jeffrey P. Lane

Washington International Law Journal

Facing a global physician shortage and high international emigration rates, developing countries are increasingly looking to mid-level health care providers to provide critical primary health care services. Mid-level providers have more training than nurses but less than full physicians and are typically authorized to prescribe medications and perform simple medical procedures. As the demand for health care providers continues to grow, mid-level providers are increasingly being asked to provide a broader array of clinical services. In response to this growing need, mid-level providers are increasingly practicing outside of their licensed scope of practice, which may both compromise patient safety and …

Is There A Duty?: Limiting College And University Liability For Student Suicide, Susanna G. Dyer

Michigan Law Review

This Note argues that nonclinician administrators employed by institutions of higher education do not have a special relationship with their students such that they have a duty to act with reasonable care to prevent a foreseeable student suicide. Courts that have in recent years ruled to the contrary have done so by incorrectly basing their duty-of-care analysis on foreseeability of harm alone. With an eye toward a proper duty-of-care analysis, this Note analyzes multiple factors to reach its conclusion, including the ideal relationship between colleges and their students and the burden on and capability of colleges to protect their students …

Information Generation And Use Under Proposition 65: Model Provisions For Other Postmarket Laws?, Carl Cranor

Indiana Law Journal

Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.

"I Will Not Divulge": How To Resolve The "Mass Of Legal Confusion" Surrounding The Physician-Patient Relationship In West Virginia, Mary Claire Johnson

West Virginia Law Review

No abstract provided.

Orders From On High: The Current Struggle Over Medicaid Third Party Recovery Between North Carolina And The Supreme Court Of The United States, Allen N. Trask Iii

Campbell Law Review

This Comment will first present a brief legal background of the Medicaid program, and specifically its presence in North Carolina. It will then explore the federal statutes which broadly govern Medicaid recovery from third parties, as well the North Carolina Medicaid statutes which specifically govern this area of recovery. It will explore the two decisions, Ezell and Ahlborn, which have clouded this area in North Carolina. Following that explanation, the aforementioned hypothetical will be revisited and taken through both the North Carolina and United States Supreme Court's analytical models. Finally, suggestions for both statutory and judicial resolutions of this issue …

Of State Laboratories And Legislative Alloys: How "Fair Share" Laws Can Be Written To Avoid Erisa Preemption And Influence Private Sector Health Care Reform In America, Darren Abernethy

William & Mary Law Review

No abstract provided.

The Search For Due Process In Civil Commitment Hearings: How Procedural Realities Have Altered Substantive Standards, Christyne E. Ferris

Vanderbilt Law Review

The civil commitment of mentally ill individuals presents the legal system with an intractable question: When should the law deprive someone of the fundamental right to liberty based on a prediction of future dangerousness? Advocates of both increased and decreased levels of civil commitment offer compelling case studies to help resolve the question. The former point to high profile events like the Virginia Tech shooting, in which mandatory incapacitation of the perpetrator at the first sign of mental illness could have prevented a senseless tragedy. The latter highlight the lives of individuals like Kenneth Donaldson, whose father had him committed …

Reformulating Outrage: A Critical Analysis Of The Problematic Tort Of Iied, Russell Fraker

Vanderbilt Law Review

The intentional infliction of emotional distress ("IIED"), also known as the tort of outrage, is a relatively new cause of action, first appearing in the legal academic literature during the 1930s. Since that time, IIED has gained widespread acceptance and is now recognized in all U.S. jurisdictions, with most courts invoking the definition set forth in the Restatement (Second) of Torts. Despite this general acceptance of the tort, courts routinely assert that IIED is a disfavored cause of action. Courts appear wary of holding defendants liable for plaintiffs' emotional injuries and therefore seek to discourage such claims.

In their efforts …

Regulating Nanotechnology: A Private–Public Insurance Solution, Maksim Rakhlin

Duke Law & Technology Review

Nanotechnology promises to revolutionize innovation in nearly every industry. However, nanomaterials’ novel properties pose potentially significant health and environmental risks. Views in the current debate over nanotechnology regulation range from halting all research and development to allowing virtually unregulated innovation. One viable regulatory solution balancing commercialization and risk is the adoption of a mandatory private-public insurance program.

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Treating Pain V. Reducing Drug Diversion And Abuse: Recalibrating The Balance In Our Drug Control Laws And Policies, Diane E. Hoffmann

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Could Tuskegee Happen Today?, Jerry Menikoff

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Conscientious Objectors Behind The Counter: Statutory Defenses To Tort Liability For Failure To Dispense Contraceptives, Jennifer E. Spreng

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Medicare Advantage: What Are We Trying To Achieve Anyway?, Timothy D. Mcbride

Saint Louis University Journal of Health Law & Policy

No abstract provided.

“Incredible [Accreditable] India”: Trends In Hospital Accreditation Coexistent With The Growth Of Medical Tourism In India, Elizabeth Gluck

Saint Louis University Journal of Health Law & Policy

No abstract provided.