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Articles 781 - 810 of 1320
Full-Text Articles in Health Law and Policy
Reduced Discretion In Corporate Governance As Applied To The Pharmaceutical Industry In Nevada, Timothy Koval
Reduced Discretion In Corporate Governance As Applied To The Pharmaceutical Industry In Nevada, Timothy Koval
Nevada Law Journal
This Note focuses on an education-based alternative to promote effective interactions between pharmaceutical corporations and physicians that benefit patients while allowing these corporations to exercise business discretion. Specifically, educational programs that teach physicians how to interact with pharmaceutical corporations most effectively may maximize the benefits for all parties involved. Although many of the arguments presented may be extended to corporations that sell or market medical devices or appliances, their application in that context is beyond the scope of this Note. In Part II, this Note discusses the background of corporate decision-making and its application in the pharmaceutical industry in Nevada. …
Not Of Woman Born: How Ectogenesis Will Change The Way We View Viability, Birth, And The Status Of The Unborn, Eric Steiger
Not Of Woman Born: How Ectogenesis Will Change The Way We View Viability, Birth, And The Status Of The Unborn, Eric Steiger
Journal of Law and Health
Over seventy-five years ago, Aldous Huxley envisioned a future in which the creation of human individuals is not left to chance and sweaty biology, but is a feat of engineering individuals to established specifications. Huxley described a process by which human ova are fertilized in-vitro, then "budded" through an imaginary technique into multiple copies, and finally into identical twins in incubators, entirely absent of a mother's womb. While many of Huxley's predictions about the future have come to pass, such as helicopters, the assembly line, and indeed, in-vitro fertilization, the prospect of ectogenesis, of gestating a child completely outside of …
Recalibrating The Legal Risks Of Cross-Border Health Care, Nathan Cortez
Recalibrating The Legal Risks Of Cross-Border Health Care, Nathan Cortez
Faculty Journal Articles and Book Chapters
The nascent scholarship surrounding "medical tourism" assumes, without much scrutiny, that foreign jurisdictions provide few legal remedies to patients, instead focusing on whether U.S. patients can sue in U.S. courts. This article tests that assumption by examining whether patients might recover adequate compensation not only in the United States, but in four common destinations: India, Thailand, Singapore, and Mexico. I analyze how each jurisdiction handles medical malpractice complaints and discuss the unique obstacles patients might face when navigating each of these systems. I conclude that U.S. patients will struggle to recover remotely adequate compensation in each of these jurisdictions. This …
In The Manner Prescribed By The State: Potential Challenges To State-Enforced Hospital Limitations On Childbirth Options, Krista Stone-Manista
In The Manner Prescribed By The State: Potential Challenges To State-Enforced Hospital Limitations On Childbirth Options, Krista Stone-Manista
Cardozo Journal of Equal Rights & Social Justice
The article argues that hospital bans on vaginal births after cesarean (VBAC) infringe upon women's legal and constitutional rights, violating principles of autonomy and equality. These bans are not only medically unnecessary but also undermine international human rights standards that protect women's decisional autonomy in healthcare. The analysis posits that such bans discriminate against women and set a dangerous precedent for state and medical control over women's bodies during pregnancy.
Does Twenty-Five Years Make A Difference In “Unequal Treatment”?: The Persistence Of Racial Disparities In Health Care Then And Now, Ruqaiijah A. Yearby
Does Twenty-Five Years Make A Difference In “Unequal Treatment”?: The Persistence Of Racial Disparities In Health Care Then And Now, Ruqaiijah A. Yearby
All Faculty Scholarship
In 1985, the Secretary of the U.S. Department of Health and Services (HHS) issued a landmark report that exposed the persistence of racial disparities in the U.S. healthcare system. Unfortunately, twenty-five years later, racial disparities in healthcare continue to persist. For example, since 1985, more African-Americans have died from coronary disease, breast cancer, and diabetes than Caucasians, even though more Caucasians suffer from these diseases than African-Americans. Notwithstanding their increased mortality rates, African Americans “have a statistically significantly lower mean number of annual ambulatory [walk-in] visits and are less likely to have seen a physician in [any given] year.” Studies …
Scientific Understandings Of Postpartum Illness: Improving Health Law And Policy?, Stacey A. Tovino
Scientific Understandings Of Postpartum Illness: Improving Health Law And Policy?, Stacey A. Tovino
Faculty Articles
In its broadest sense, this Article examines the relationship between science and the law in the context of postpartum illness. From classical antiquity to the present day, physicians and scientists have investigated the causes, correlates, and consequences of the depressions and psychoses that develop in some women following their transition to motherhood. The scientific investigation of postpartum illness has been characterized by an open-ended search for knowledge with the recognition that scientific findings published one day are subject to revision the next. Legislators and judges also have sought to understand postpartum illness as necessary to make laws that affect and …
State Of Emergency: Why Georgia's Standard Of Care In Emergency Rooms Is Harmful To Your Health, Jason R. Graves
State Of Emergency: Why Georgia's Standard Of Care In Emergency Rooms Is Harmful To Your Health, Jason R. Graves
Georgia Law Review
Patients injured by medical negligence have historically
been able to recover for the injuries they sustained. In
2005, however, the Georgia General Assembly passed
Georgia Senate Bill 3, which gave virtual immunity to
emergency room doctors and those practicing in obstetrics
wards. The Bill requires a showing of gross negligence by
clear and convincing evidence to prevail on a medical
malpractice claim against those protected by the statute.
The law prevents injured patients who cannot meet this
standard from recovering any damages, even
compensation for medical bills arising from the negligent
act. The legislature enacted the Bill in an effort …
Health Care Law, Kathleen M. Mccauley, Kristi L. Vanderlaan
Health Care Law, Kathleen M. Mccauley, Kristi L. Vanderlaan
University of Richmond Law Review
No abstract provided.
A Defense Of Embryonic Stem Cell Research, Gregory Dolin
A Defense Of Embryonic Stem Cell Research, Gregory Dolin
All Faculty Scholarship
On November 21, 2007, sensational scientific developments were reported by major newspapers, both in the United States and abroad. The media reported a new breakthrough in the area of stem cell research. According to two articles published in Science and Cell (both highly respected scientific journals), two teams of scientists were able to “reprogram” adult stem cells into embryonic stem cells, without actually having to experiment on embryos. The discovery was immediately hailed by the White House and other opponents of embryonic stem cell research. The New York Times gushed that the “stem cell wars” may be at an end. …
Patient Neglect In Nursing Homes And Long-Term Care Facilities In New York State: The Need For New York To Implement Programs And Procedures To Combat Elder Neglect, Amanda Bassen
Cardozo Public Law, Policy & Ethics Journal
The article argues that New York State must enhance its legal framework and programs to address the prevalent issue of patient neglect in nursing homes and long-term care facilities. It emphasizes the need for stricter staffing requirements, improved training for caregivers, and more stringent penalties for neglect, drawing on successful models from other states and international efforts to raise awareness and implement effective solutions.
Managing Incidental Findings In Human Subjects Research: Analysis And Recommendations, Ellen Wright Clayton, Susan M. Wolf, Frances P. Lawrenz, Charles A. Nelson, Et Al.
Managing Incidental Findings In Human Subjects Research: Analysis And Recommendations, Ellen Wright Clayton, Susan M. Wolf, Frances P. Lawrenz, Charles A. Nelson, Et Al.
Vanderbilt Law School Faculty Publications
Researchers, institutional review boards (IRBs), participants in human subjects research, and their families face an important but largely neglected problem - how should incidental find- ings (IFs) be managed in human subjects research. If researchers unexpectedly stumble upon information of potential health or reproductive significance, should they seek expert evaluation, contact the participant's physician, tell the research participant, or respond with some combination? What should consent forms and the entire consent process say about how IFs will be handled in research? What should IRBs require? An IF is a finding concerning an individual research participant that has potential health or …
Finding The Middle Ground: Acuna V. Turkish And The New Jersey Supreme Court's Reaffirmation Of A Doctor's Role Under The Doctrine Of Informed Consent In The Digital Age, Allyson M. Rucinski
Finding The Middle Ground: Acuna V. Turkish And The New Jersey Supreme Court's Reaffirmation Of A Doctor's Role Under The Doctrine Of Informed Consent In The Digital Age, Allyson M. Rucinski
Pace Law Review
No abstract provided.
The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky
The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky
Articles
No abstract provided.
Taking The Molst (Medical Orders For Lifesustaining Treatment) Statewide, Robert S. Olick, Joel Potash, Amy T. Campbell
Taking The Molst (Medical Orders For Lifesustaining Treatment) Statewide, Robert S. Olick, Joel Potash, Amy T. Campbell
Pace Law Review
No abstract provided.
Is The Door Open Or Closed? Evaluating The Future Of The Federal Medical Peer-Review Privilege, 42 J. Marshall L. Rev. 561 (2009), Ghazal Sharifi
Is The Door Open Or Closed? Evaluating The Future Of The Federal Medical Peer-Review Privilege, 42 J. Marshall L. Rev. 561 (2009), Ghazal Sharifi
UIC Law Review
No abstract provided.
The Moral Plausibility Of Contract: Using The Covenant Of Good Faith To Prevent Resident Physician Fatigue-Related Medical Errors, 48 U. Louisville L. Rev. 265 (2009), Samuel Vincent Jones
The Moral Plausibility Of Contract: Using The Covenant Of Good Faith To Prevent Resident Physician Fatigue-Related Medical Errors, 48 U. Louisville L. Rev. 265 (2009), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
No abstract provided.
Beyond Bidil: The Expanding Embrace Of Race In Biomedical Research And Product Development, Jonathan Kahn
Beyond Bidil: The Expanding Embrace Of Race In Biomedical Research And Product Development, Jonathan Kahn
Faculty Scholarship
In 2005 the FDA approved BiDil, the first drug ever to include a race-specific indication on its label - to treat heart failure in a “black” patient. In the aftermath of this controversial approval and subsequent marketing of the drug, many have wondered whether BiDil was an anomaly or a harbinger of things to come. This article moves beyond BiDil to explore how similar yet distinct models are developing for the continuing exploitation of race in biomedical practice and product development. It will explore the tensions embedded in the persistent use of racial categories even as specific genetic variations linked …
Federalization Snowballs: The Need For National Action In Medical Malpractice Reform, Abigail Moncrieff
Federalization Snowballs: The Need For National Action In Medical Malpractice Reform, Abigail Moncrieff
Faculty Scholarship
Because tort law generally and healthcare regulation specifically are traditional state functions and because medical, legal, and insurance practices are highly localized, legal scholars have long believed that medical malpractice falls within the states' exclusive jurisdiction and sovereignty. Indeed, this view is so widely held that modern legal scholarship takes it for granted. Articles on general federalism issues use medical malpractice as an easy example of a policy in which federal intervention lacks functional justification, and articles that focus on federalization of other tort reforms use medical malpractice as an easy foil, pointing out that the uniformity interest that justifies …
Moral Authority In English And American Abortion Law, Joanna Erdman
Moral Authority In English And American Abortion Law, Joanna Erdman
Articles, Book Chapters, & Popular Press
In R. (on the application of Axon) v. Secretary of State for Health & Another, the English High Court affirmed that young women are entitled to seek and receive sexual health care, including abortion care, without parental notification. This chapter examines the Court’s use of comparative constitutional authorities in its reasoning, focusing on the rejection of American authorities. Contrast and rejection, it is argued, can be an exercise in self-reflection, revealing how a court understands its own constitutional approach. Aversive constitutionalism presents opportunities to deconstruct claimed similarities and differences in constitutional approaches, to uncover and contest characteristics and assumptions otherwise …
The Manitoba College Of Physicians And Surgeons Position Statement On Withholding And Withdrawal Of Life-Sustaining Treatment (2008): Three Problems And A Solution, Jocelyn Downie, Karen Mcewen
The Manitoba College Of Physicians And Surgeons Position Statement On Withholding And Withdrawal Of Life-Sustaining Treatment (2008): Three Problems And A Solution, Jocelyn Downie, Karen Mcewen
Articles, Book Chapters, & Popular Press
The College of Physicians and Surgeons of Manitoba (CPSM) recently issued a Statement on Withholding and Withdrawl of Life-Sustaining Treatment (2008). The College should be given enormous credit for trying to provide guidance with respect to physicians' obligations in an area of great confusion and controversy. Unfortunately, however, there are some very serious flaws in the Statement. In this paper, we describe three major problems with it that we believe make the case for the claim that the Statement must be revised. We then provide a revised statement that, if adopted, could represent significant progress as it would provide: greater …
Demythologizing Phosita: Applying The Non-Obviousness Requirement Under Canadian Patent Law To Keep Knowledge In The Public Domain & Foster Innovation, Matthew Herder
Articles, Book Chapters, & Popular Press
The Supreme Court of Canada recently revised the doctrine of non-obviousness in a pharmaceutical “selection patent” case, Apotex Inc. v. Sanofi-Synthelabo Canada Inc. Although cognizant of changes to the same doctrine in the United States and the United Kingdom, a critical flaw in how the doctrine is being applied in Canada escaped the Court’s attention. Using content analysis methodology, this article shows that Canadian courts frequently fail to characterize the “person having ordinary skill in the art” (PHOSITA) for the purpose of the obviousness inquiry. The article argues that this surprisingly common analytical mistake betrays a deep misunderstanding of innovation, …
Marketing Mothers' Milk: The Commodification Of Breastfeeding And The New Markets For Breast Milk And Infant Formula, Linda C. Fentiman
Marketing Mothers' Milk: The Commodification Of Breastfeeding And The New Markets For Breast Milk And Infant Formula, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This paper explores the commodification of women and biological processes, the confusion of scientific evidence with social agendas, and the conflict between marketing and public health. I assert that key actors in the healthcare marketplace - government, businesses, and doctors – have acted to enable weak medical and scientific evidence to be manipulated by ideological and profit-making partisans in a poorly regulated market. I focus on the unique role of the medical profession, which has acted with government and the private sector to shape the markets in human milk and infant formula. In a striking parallel to the pharmaceutical industry, …
Neuroscience And Health Law: An Integrative Approach?, Stacey A. Tovino
Neuroscience And Health Law: An Integrative Approach?, Stacey A. Tovino
Faculty Articles
Clinicians and scientists use functional magnetic resonance imaging (fMRI) to map sensory, motor, and cognitive function and to study the neural correlates of a range of physical and mental conditions, behaviors, characteristics, and preferences. Due to its move outside the clinical and research contexts, fMRI raises a number of ethical, legal, and social issues that are being examined within the overlapping fields of neuroethics and neurolaw. The early neuroethics and neurolaw scholarship focused heavily on the implications of fMRI for evidence law, criminal law, criminal procedure, and constitutional law. Little attention has been paid, however, to the implications of advances …
Lesbians, Gays, And People Living With Hiv: Facing And Fighting Barriers To Assisted Reproduction, Bebe J. Anderson
Lesbians, Gays, And People Living With Hiv: Facing And Fighting Barriers To Assisted Reproduction, Bebe J. Anderson
Cardozo Journal of Equal Rights & Social Justice
Numerous discriminatory barriers limit the ability of gays, lesbians, and people living with HIV to participate in assisted reproduction. Many of these barriers are created by laws and regulations, such as state laws criminalizing sperm donation by people living with HIV, and insurance regulations that are interpreted to limit infertility coverage to persons who have engaged in unprotected heterosexual intercourse that has not resulted in pregnancy. Other barriers are rooted in policies or practices of individual entities or individuals. For example, a gay man in Florida and a lesbian in California denied fertility services due to their sexual orientation have …
A Change For The Better: The Ada Amendments Act Of 2008, Jason Lewis
A Change For The Better: The Ada Amendments Act Of 2008, Jason Lewis
Public Interest Law Reporter
No abstract provided.
Medical Malpractice Reform: A Silver Bullet For The Health Care Crisis?, Ian Barney
Medical Malpractice Reform: A Silver Bullet For The Health Care Crisis?, Ian Barney
Public Interest Law Reporter
No abstract provided.
Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith
Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith
Campbell Law Review
No abstract provided.
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
Journal Articles
This article addresses the impact of integration of academia, industry, and government on the public nature of research. The article concludes that, while the integration has benefited science immensely, regulatory measures should be taken to restore the public nature of research in an age of integration.
Social Factoring The Numbers With Assisted Reproduction, Bridget J. Crawford, Lolita Buckner Inniss
Social Factoring The Numbers With Assisted Reproduction, Bridget J. Crawford, Lolita Buckner Inniss
Publications
In early 2009 the airwaves came alive with sensational stories about Nadya Suleman, the California mother who gave birth to octuplets conceived via assisted reproductive technology. Nadya Suleman and her octuplets are vehicles through which Americans express their anxiety about race, class and gender. Expressions of concern for the health of children, the mother's well-being, the future of reproductive medicine or the financial drain on taxpayers barely conceal deep impulses towards racism, sexism and classism. It is true that the public has had a longstanding fascination with multiple births and with large families. This is evidenced by a long history …
The Patent Lottery: Exploiting Behavioral Economics For The Common Good, Dennis D. Crouch
The Patent Lottery: Exploiting Behavioral Economics For The Common Good, Dennis D. Crouch
Faculty Publications
Lotteries are immensely popular. Players are willing to give the organizer a large monetary cut of every ticket purchase in return for a chance at a jackpot. In some ways, our current patent system operates as a lottery as well. Most patents are relatively worthless, while a few are highly valuable. Reaching the major payout of a highly valuable patent takes perseverance in the face of tremendous uncertainty. Like lottery players, small entrepreneurial companies and individuals have shows signs of bounded rationality. In particular, what I call the patent lottery effect is associated with the phenomena of potential innovators overweighting …