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Maurer School of Law: Indiana University

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Articles 121 - 150 of 232

Full-Text Articles in Health Law and Policy

Xdr Tuberculosis, The New International Health Regulations, And Human Rights, David P. Fidler, Philippe Calain Jan 2007

Xdr Tuberculosis, The New International Health Regulations, And Human Rights, David P. Fidler, Philippe Calain

Articles by Maurer Faculty

No abstract provided.


Through The Quarantine Looking Glass: Drug-Resistant Tuberculosis And Public Health Governance, Law, And Ethics, David P. Fidler, Lawrence O. Gostin, Howard Markel Jan 2007

Through The Quarantine Looking Glass: Drug-Resistant Tuberculosis And Public Health Governance, Law, And Ethics, David P. Fidler, Lawrence O. Gostin, Howard Markel

Articles by Maurer Faculty

No abstract provided.


Reflections On The Revolution In Health And Foreign Policy, David P. Fidler Jan 2007

Reflections On The Revolution In Health And Foreign Policy, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Architecture Amidst Anarchy: Global Health's Quest For Governance, David Fidler Jan 2007

Architecture Amidst Anarchy: Global Health's Quest For Governance, David Fidler

Articles by Maurer Faculty

Increased concern about global health has focused attention on governance questions, and calls for new governance architecture for global health have appeared. This article examines the growing demand for such architecture and argues that the architecture metaphor is inapt for understanding the challenges global health faces. In addition to traditional problems experienced in coordinating State behavior, global health governance faces a new problem, what I call “open-source anarchy.” The dynamics of open-source anarchy are such that States and non-State actors resist governance reforms that would restrict their freedom of action. In this context, what is emerging is not governance architecture …


Biosecurity Under The Rule Of Law, David Fidler, Lawrence O. Gostin Jan 2007

Biosecurity Under The Rule Of Law, David Fidler, Lawrence O. Gostin

Articles by Maurer Faculty

No abstract provided.


Extensively Drug-Resistant Tuberculosis: An Isolation Order, Public Health Powers, And A Global Crisis, David P. Fidler, Howard Markel, Lawrence O. Gostin Jan 2007

Extensively Drug-Resistant Tuberculosis: An Isolation Order, Public Health Powers, And A Global Crisis, David P. Fidler, Howard Markel, Lawrence O. Gostin

Articles by Maurer Faculty

No abstract provided.


Foreign Policy, Trade And Health: At The Cutting Edge Of Global Health Diplomacy, David P. Fidler, Nick Drager Jan 2007

Foreign Policy, Trade And Health: At The Cutting Edge Of Global Health Diplomacy, David P. Fidler, Nick Drager

Articles by Maurer Faculty

No abstract provided.


Governing Catastrophes: Security, Health And Humanitarian Assistance, David P. Fidler Jan 2007

Governing Catastrophes: Security, Health And Humanitarian Assistance, David P. Fidler

Articles by Maurer Faculty

Recent catastrophes, and predictions of an increasing potential for more, have stimulated thinking about the best policy responses to these threats. This article explores how security concepts influence catastrophe governance. The article considers how globalization affects thinking about catastrophes and describes ways in which catastrophes have been conceptualized as governance challenges, such as the human rights approach to the provision of health and humanitarian assistance. The article explains how health and humanitarian assistance experienced ‘‘securitization’’ in the post-cold war period, a development that challenges rights-based strategies and creates complex and controversial implications for the prevention, protection and response functions of …


Sharing H5n1 Viruses To Stop A Global Influenza Pandemic, David P. Fidler, Laurie Garrett Jan 2007

Sharing H5n1 Viruses To Stop A Global Influenza Pandemic, David P. Fidler, Laurie Garrett

Articles by Maurer Faculty

No abstract provided.


The Information Quality Act: The Little Statute That Could (Or Couldn't?) Applying The Safe Drinking Water Act Amendments Of 1996 To The Federal Communications Commission, Kellen Ressmeyer Dec 2006

The Information Quality Act: The Little Statute That Could (Or Couldn't?) Applying The Safe Drinking Water Act Amendments Of 1996 To The Federal Communications Commission, Kellen Ressmeyer

Federal Communications Law Journal

In December 2000, Congress passed the Information Quality Act - a two sentence rider to a 712-page Appropriations Bill. The Information Quality Act, which seeks to ensure the quality of government-disseminated information, places the White House Office of Management and Budget in a supervisory role. The Office of Management and Budget subsequently finalized a set of mandatory Guidelines applicable to all federal agencies. Among other things, the Guidelines require adherence to the scientific standard articulated in the 1996 Amendments to the Safe Drinking Water Act where such agencies engage in risk analysis to human health, safety, and the environment. As …


Health And Foreign Policy, David P. Fidler, Nick Drager Jan 2006

Health And Foreign Policy, David P. Fidler, Nick Drager

Articles by Maurer Faculty

No abstract provided.


The New International Health Regulations: An Historic Development For International Law And Public Health, David P. Fidler, Lawrence O. Gostin Jan 2006

The New International Health Regulations: An Historic Development For International Law And Public Health, David P. Fidler, Lawrence O. Gostin

Articles by Maurer Faculty

No abstract provided.


Calibrating The Wealth And Health Of Nations: Trade, Health, And Foreign Policy After The Wto's First Decade, David P. Fidler Jan 2006

Calibrating The Wealth And Health Of Nations: Trade, Health, And Foreign Policy After The Wto's First Decade, David P. Fidler

Articles by Maurer Faculty

One of the most important themes to emerge from the relationship between trade and health in the first ten year's of the WTO's existence is the challenge of achieving policy coherence. This task is a foreign policy challenge for WTO Members, which requires looking at the relationship between trade and health against the backdrop of the making and implementing of foreign policy. Policy coherence has generally become a major concern for foreign policymakers because post-Cold War trends, such as accelerating globalization, seriously challenge traditional foreign policy assumptions, practices, and institutions. Part of this new context for foreign policy involves the …


The Process Paradigm: Rethinking Medical Malpractice, Roger B. Dworkin Jan 2006

The Process Paradigm: Rethinking Medical Malpractice, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.


The Midwifery Stalemate And Childbirth Choice: Recognizing Mothers-To-Be As The Best Late Pregnancy Decisionmakers, Amy F. Cohen Jul 2005

The Midwifery Stalemate And Childbirth Choice: Recognizing Mothers-To-Be As The Best Late Pregnancy Decisionmakers, Amy F. Cohen

Indiana Law Journal

No abstract provided.


Examining The Underlying Purposes Of Municipal And Statewide Smoking Bans, Mark J. Horvick Jul 2005

Examining The Underlying Purposes Of Municipal And Statewide Smoking Bans, Mark J. Horvick

Indiana Law Journal

No abstract provided.


Reframing The Issue: Aids As A Global Workforce Crisis And The Emerging Role Of Multinational Corporations, Elizabeth M. Chitty Jul 2005

Reframing The Issue: Aids As A Global Workforce Crisis And The Emerging Role Of Multinational Corporations, Elizabeth M. Chitty

Indiana Journal of Global Legal Studies

No abstract provided.


The Price We Are Willing To Pay For Punitive Justice In The Juvenile Detention System: Mentally Ill Delinquents And Their Disproportionate Share Of The Burden, Jessica Ann Garascia Apr 2005

The Price We Are Willing To Pay For Punitive Justice In The Juvenile Detention System: Mentally Ill Delinquents And Their Disproportionate Share Of The Burden, Jessica Ann Garascia

Indiana Law Journal

No abstract provided.


Health As Foreign Policy: Between Principle And Power, David P. Fidler Jan 2005

Health As Foreign Policy: Between Principle And Power, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


From International Sanitary Conventions To Global Health Security: The New International Health Regulations, David P. Fidler Jan 2005

From International Sanitary Conventions To Global Health Security: The New International Health Regulations, David P. Fidler

Articles by Maurer Faculty

In May 2005, the World Health Organization adopted the new International Health Regulations (IHR), which constitute one of the most radical and far-reaching changes to international law on public health since the beginning of international health cooperation in the mid-nineteenth century. This article comprehensively analyses the new IHR by examining the history of international law on infectious disease control, the IHR revision process, the substantive changes contained in the new IHR and concerns regarding the future of the new IHR. The article demonstrates why the new IHR constitute a seminal event in the relationship between international law and public health …


When Vitalism Is Dead Wrong: The Discrimination Against And Torture Of Incompetent Patients By Compulsory Life- Sustaining Treatment, Alicia R. Ouellette Jan 2004

When Vitalism Is Dead Wrong: The Discrimination Against And Torture Of Incompetent Patients By Compulsory Life- Sustaining Treatment, Alicia R. Ouellette

Indiana Law Journal

No abstract provided.


A Quantitative Methodology For Determining The Need For Exposure-Prompted Medical Monitoring, Christopher P. Guzelian, Bruce E. Hillner, Philip S. Guzelian Jan 2004

A Quantitative Methodology For Determining The Need For Exposure-Prompted Medical Monitoring, Christopher P. Guzelian, Bruce E. Hillner, Philip S. Guzelian

Indiana Law Journal

Some toxic exposures to drugs or other environmental chemicals may create an increased risk of future disease for which periodic preventive medical screening might be desirable. However, many of these risks, even if unacceptable as a matter of public health policy, might still not be significant enough for medical monitoring (periodic diagnostic screening for latent illnesses or medical conditions) to be an appropriate medical intervention. This somewhat unintuitive, but statistically certain, conclusion can be demonstrated in relatively simple mathematical terms. Accordingly, we introduce Bayes's Rule and decision analysis, a quantitative methodology commonly employed by medical practitioners. A review of current …


Bioethics? The Law And Biomedical Advance, Roger B. Dworkin Jan 2004

Bioethics? The Law And Biomedical Advance, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.


Book Review. Gunning, J. And H. Szoke, Eds. The Regulation Of Assisted Reproductive Technology, Jennifer Bryan Morgan Jan 2004

Book Review. Gunning, J. And H. Szoke, Eds. The Regulation Of Assisted Reproductive Technology, Jennifer Bryan Morgan

Articles by Maurer Faculty

No abstract provided.


Fighting The Axis Of Illness: Hiv/Aids, Human Rights, And U.S. Foreign Policy, David P. Fidler Jan 2004

Fighting The Axis Of Illness: Hiv/Aids, Human Rights, And U.S. Foreign Policy, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Constitutional Outlines Of Public Health's "New World Order", David P. Fidler Jan 2004

Constitutional Outlines Of Public Health's "New World Order", David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Caught Between Paradise And Power: Public Health, Pathogenic Threats, And The Axis Of Illness, David P. Fidler Jan 2004

Caught Between Paradise And Power: Public Health, Pathogenic Threats, And The Axis Of Illness, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Unmanaged Care: Towards Moral Fairness In Health Care Coverage, Sharona Hoffman Jul 2003

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 …


Getting What We Should From Doctors: Rethinking Patient Autonomy And The Doctor-Patient Relationship, Roger B. Dworkin Jan 2003

Getting What We Should From Doctors: Rethinking Patient Autonomy And The Doctor-Patient Relationship, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.


Racism Or Realpolitik? U.S. Foreign Policy And The Hiv/Aids Catastrophe In Sub-Saharan Africa, David P. Fidler Jan 2003

Racism Or Realpolitik? U.S. Foreign Policy And The Hiv/Aids Catastrophe In Sub-Saharan Africa, David P. Fidler

Articles by Maurer Faculty

No abstract provided.