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Health Law and Policy Commons™

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Loyola University Chicago, School of Law

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Articles 301 - 330 of 727

Full-Text Articles in Health Law and Policy

Foreword, Kendell L. Coker, Lawrence Singer, John Blum Jan 2010

Foreword, Kendell L. Coker, Lawrence Singer, John Blum

Annals of Health Law and Life Sciences

No abstract provided.


Post-Mortem Pregnancy: A Proposed Methodology For The Resolution Of Conflicts Over Whether A Brain Dead Pregnant Woman Should Be Maintained On Life-Sustaining Treatment, Alexis Gregorian Jan 2010

Post-Mortem Pregnancy: A Proposed Methodology For The Resolution Of Conflicts Over Whether A Brain Dead Pregnant Woman Should Be Maintained On Life-Sustaining Treatment, Alexis Gregorian

Annals of Health Law and Life Sciences

In this article, the author examines conflicts over whether to maintain a brain dead pregnant woman on life-sustaining treatment. The author cautions that on the rare occasions when courts are confronted with such a conflict, they should employ a consistent methodology for resolution of the conflict and attempt to honor the wishes of the post-mortem mother and her family. The author draws on relevant areas of law to demonstrate the existence of a legal fiction that protects the interests of post-mortem pregnant women in refusing medical treatment. This article then proceeds to propose a methodology that enables courts to account …


Access To Medicine In An Era Of Fractal Inequality, Frank Pasquale Jan 2010

Access To Medicine In An Era Of Fractal Inequality, Frank Pasquale

Annals of Health Law and Life Sciences

This article evaluates the legitimacy and degree of inevitability of unequal access to medicine. The author introduces 'fractal inequality' to the access issue by using the term to describe skewed patterns in distributions of income and wealth that lead to reallocative effects of higher spending on health care by the wealthiest that can cascade down the distributive ladder. 'Fractal inequality' is transposed to the U.S. health care sector to explain the trend away from medical need toward ability to pay. The author cautions U.S. policymakers to consider international access problems instead of exacerbating those issues when domestic access to care …


Pharmaceutical Pricing: A Review Of Proposals To Improve Access And Affordability Of Prescription Drugs, Paula Tironi Jan 2010

Pharmaceutical Pricing: A Review Of Proposals To Improve Access And Affordability Of Prescription Drugs, Paula Tironi

Annals of Health Law and Life Sciences

This article discusses how pharmaceutical innovation achieves remarkable improvements in human health but a significant portion of the U.S. population cannot afford prescription drugs. The author examines ways that patent protection, generics, supply chain complexity, and the cost of innovation and promotion affect access and affordability. The author then looks at the influences of marketing strategies and industry trends such as the patent cliff and pipeline for new drugs, innovations in biotechnology and genomics, comparative effectiveness analysis, and payor and employer strategies on drug prices. An analysis of reform proposals in the context of industry trends suggests that promoting generic …


A Call For Minds: The Unknown Extent Of Societal Influence On The Legal Rights Of Involuntarily And Voluntarily Committed Mental Health Patients, Teresa Cannistraro Jan 2010

A Call For Minds: The Unknown Extent Of Societal Influence On The Legal Rights Of Involuntarily And Voluntarily Committed Mental Health Patients, Teresa Cannistraro

Annals of Health Law and Life Sciences

This article begins and ends with a call for more empirical research to understand the connection between societal views of mental illness and the legal system. The author asserts that changing social perceptions of mental illness certainly affect legal outcomes and commitment levels, but the degree remains unknown. This article explores the above two topics through the framework of the Circuit Court 'split' regarding the Constitutional rights of persons committed to state mental health institutions. A main facet of the 'split' is centered on the Circuits' disagreement about whether or not all mentally ill patients committed to institutions deserve the …


Government-Sponsored Reinsurance, Mark A. Hall Jan 2010

Government-Sponsored Reinsurance, Mark A. Hall

Annals of Health Law and Life Sciences

Many measures to reform health insurance markets include various types of government-sponsored reinsurance. This article explains the purposes and types of private and public reinsurance, and reviews available evidence about their performance. The author concludes that government-sponsored reinsurance inherently cannot reduce total costs, but it can shift costs from the private to the public sector. Also, reinsurance can help transition to a new government program or market structure that creates uncertain risks. Whether reinsurance is the best way to accomplish these goals depends greatly on the details.


Table Of Contents, Annals Of Health Law Jan 2010

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Kendell L. Coker, Lawrence Singer, John Blum Jan 2010

Foreword, Kendell L. Coker, Lawrence Singer, John Blum

Annals of Health Law and Life Sciences

No abstract provided.


Rationing Health Care: It's A Matter Of The Health Care System's Structure, David Orentlicher Jan 2010

Rationing Health Care: It's A Matter Of The Health Care System's Structure, David Orentlicher

Annals of Health Law and Life Sciences

The article examines two primary policy proposals for how the U.S. should allocate its limited health care dollars: a centralized model in which a commission establishes rationing guidelines, and a decentralized model in which rationing decisions are made by health care providers on a case by case basis. The author finds significant advantages with each position, leading the author to assert that a combination of each is key to an effective rationing policy: a centralized control of structure coupled with decentralized physician-level decision making. While mindful that formal rationing guidelines alone are unfeasible to effectuate cost-effective care, the author introduces …


Retail Medical Clinics: Increasing Access To Low Cost Medical Care Amongst A Developing Legal Environment, Kristin E. Schleiter Jan 2010

Retail Medical Clinics: Increasing Access To Low Cost Medical Care Amongst A Developing Legal Environment, Kristin E. Schleiter

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Beazley Institute For Health Law And Policy Jan 2010

Foreword, Beazley Institute For Health Law And Policy

Annals of Health Law and Life Sciences

No abstract provided.


Towards Achieving Lasting Healthcare Reform: Rethinking The American Social Contract, Fazal Khan Jan 2010

Towards Achieving Lasting Healthcare Reform: Rethinking The American Social Contract, Fazal Khan

Annals of Health Law and Life Sciences

No abstract provided.


Genetic Testing, Physicians And The Law: Will The Tortoise Ever Catch Up With The Hare, Lee Black, Jaques Simard, Bartha Maria Knoppers Jan 2010

Genetic Testing, Physicians And The Law: Will The Tortoise Ever Catch Up With The Hare, Lee Black, Jaques Simard, Bartha Maria Knoppers

Annals of Health Law and Life Sciences

No abstract provided.


Emergence And Re-Emergence Of H1n1 Influenza: Uncanny Parallels Between The Administrations Of U.S. Presidents Woodrow Wilson And Barack Obama, Sandra Anderson-Guerra Sosa, Adriane Johnson Jan 2010

Emergence And Re-Emergence Of H1n1 Influenza: Uncanny Parallels Between The Administrations Of U.S. Presidents Woodrow Wilson And Barack Obama, Sandra Anderson-Guerra Sosa, Adriane Johnson

Annals of Health Law and Life Sciences

No abstract provided.


Finding A New Regulatory Pathway For The Old Labyrinth Of Health Planning, John D. Blum Jan 2010

Finding A New Regulatory Pathway For The Old Labyrinth Of Health Planning, John D. Blum

Annals of Health Law and Life Sciences

No abstract provided.


Medical Research Regulation After More Than Twenty-Five Years: Old Problems, New Challenges, And Regulatory Imbalance, Richard S. Saver Jan 2010

Medical Research Regulation After More Than Twenty-Five Years: Old Problems, New Challenges, And Regulatory Imbalance, Richard S. Saver

Annals of Health Law and Life Sciences

No abstract provided.


Fee-For-Disservice: Medicare Fraud In The Home Healthcare Industry, Brooke Benzio Jan 2010

Fee-For-Disservice: Medicare Fraud In The Home Healthcare Industry, Brooke Benzio

Annals of Health Law and Life Sciences

No abstract provided.


Service For All: Mental Health Services For At-Risk Children, Miquel Lewis, Michael Fletcher, Randell Strickland Jan 2010

Service For All: Mental Health Services For At-Risk Children, Miquel Lewis, Michael Fletcher, Randell Strickland

Public Interest Law Reporter

No abstract provided.


Finding A New Regulatory Pathway For The Old Labyrinth Of Health Planning., John D. Blum Jan 2010

Finding A New Regulatory Pathway For The Old Labyrinth Of Health Planning., John D. Blum

Faculty Publications & Other Works

No abstract provided.


Variables Of Health Reform And Their Impacts On The Elderly., John D. Blum Jan 2010

Variables Of Health Reform And Their Impacts On The Elderly., John D. Blum

Faculty Publications & Other Works

No abstract provided.


Bending The Arc, Emily Benfer Jan 2010

Bending The Arc, Emily Benfer

Faculty Publications & Other Works

No abstract provided.


The Quagmire Of Hospital Governance., John D. Blum Jan 2010

The Quagmire Of Hospital Governance., John D. Blum

Faculty Publications & Other Works

No abstract provided.


Encouraging The Use Of Community Involvement And Restorative Practices As Treatment For Trauma With Black Juvenile Offenders, Uduakobong Ikpe, Kendell L. Coker Jan 2010

Encouraging The Use Of Community Involvement And Restorative Practices As Treatment For Trauma With Black Juvenile Offenders, Uduakobong Ikpe, Kendell L. Coker

Public Interest Law Reporter

No abstract provided.


Children Are Not Little Adults: Developmental Differences And The Juvenile Justice System, Linda M.B. Uttal, David H. Uttal Jan 2010

Children Are Not Little Adults: Developmental Differences And The Juvenile Justice System, Linda M.B. Uttal, David H. Uttal

Public Interest Law Reporter

No abstract provided.


Weight Discrimination: Disability Litigation And Public Policy, Tessa Jania Jan 2010

Weight Discrimination: Disability Litigation And Public Policy, Tessa Jania

Public Interest Law Reporter

No abstract provided.


Table Of Contents, Annals Of Health Law Jan 2009

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Annals Of Health Law Jan 2009

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Prizes For Innovation Of New Medicines And Vaccines, James Love, Tim Hubbard Jan 2009

Prizes For Innovation Of New Medicines And Vaccines, James Love, Tim Hubbard

Annals of Health Law and Life Sciences

This article argues that prizes can help stimulate medical innovation, control costs and ensure greater access to new medicines and vaccines. The authors explore four increasingly ambitious prize options to reward medical innovation, each addressing flaws in the current patent system. The first option promotes innovation through a large prize fund linked to the impact on health outcomes; the second option rewards the sharing of knowledge, data, and technology with open source dividends; the third option awards prizes for interim benchmarks and discrete technical problems; and the final option removes the exclusive right to use patented inventions in upstream research …


Patents & (And) The Progress Of Personalized Medicine: Biomarkers Research As Lens, Matthew Herder Jan 2009

Patents & (And) The Progress Of Personalized Medicine: Biomarkers Research As Lens, Matthew Herder

Annals of Health Law and Life Sciences

This article addresses the barriers to personalized medicine, focusing on the burgeoning field of biomarkers research. The author begins by framing intellectual property issues as more than a product of industry incentives and suggests that these issues are deeply entangled with other barriers facing personalized medicine such as regulatory framework deficiencies. The author proposes a set of future research questions to more fully define the barriers to biomarkers research and to uncover which corrective measures may be effective. The author concludes by recommending an integration of regulatory and patent reforms, with a call to action by scholars, scientists, representatives of …


An Introduction - Patents Versus Patients: Must We Choose, Cynthia M. Ho, Ann Weilbaecher Jan 2009

An Introduction - Patents Versus Patients: Must We Choose, Cynthia M. Ho, Ann Weilbaecher

Annals of Health Law and Life Sciences

No abstract provided.