Health Law and Policy Commons^™

Drug Policy In Context: Rhetoric And Practice In The United States And The United Kingdom, Richard C. Boldt

Faculty Scholarship

The history of narcotics use and drug control in the U.S. before passage of the Harrison Act in 1914 is similar in important respects to that in the U.K. during the same period.  Although the two countries’ paths diverged significantly over the ensuing decades, there has been a convergence of sorts in recent years.  In the United States, the trend lines have moved from an active “war on drugs” in which criminal enforcement and punishment have been the primary rhetorical and practical instruments of policy to an evolving approach, at least at the federal level, characterized by a somewhat more …

Reforming Public Interest Tort Law To Redress Public Health Epidemics, Michael L. Rustad, Thomas H. Koenig

Journal of Health Care Law and Policy

No abstract provided.

Legal Impediments To The Diffusion Of Telemedicine, Diane Hoffmann, Virginia Rowthorn

Journal of Health Care Law and Policy

No abstract provided.

State-Based Licensure Of Telemedicine: The Need For Uniformity But Not A National Scheme, Carl F. Ameringer

Journal of Health Care Law and Policy

No abstract provided.

Physician Licensure And Telemedicine: Some Competitive Issues Raised By The Prospect Of Practising Globally While Regulating Locally, Daniel J. Gilman

Journal of Health Care Law and Policy

No abstract provided.

Improving Cancer Outcomes Through Strong Networks And Regulatory Frameworks: Lessons From The United States And The European Union, Louise G. Trubek, Thomas R. Oliver, Chih-Ming Liang, Matt Mokrohisky

Journal of Health Care Law and Policy

No abstract provided.

Altered Standards Of Care: Needed Reform For When The Next Disaster Strikes, Rebecca Mansbach

Journal of Health Care Law and Policy

No abstract provided.

Adolescent Decision Making: Reduced Culpability In The Criminal Justice System And Recognition Of Capability In Other Legal Contexts, Samantha Schad

Journal of Health Care Law and Policy

No abstract provided.

Biobanking Newborn Bloodspots For Genetic Research Without Consent, Sandra J. Carnahan

Journal of Health Care Law and Policy

No abstract provided.

Lessons From U.S. Trade With China: How To Use The World Trade Organization To Promote Public Health In Trade Relations With India, Lindsey Mccurdy

Journal of Health Care Law and Policy

No abstract provided.

Dying For Dollars: Health Equity In The Age Of Reform, Max D. Siegel

Maryland Law Review

On March 23, 2010, President Barack Obama signed the Patient Protection and Affordable Care Act ("ACA") into law. Almost instantly, fourteen state attorneys general joined together to file suit to challenge ACA in federal courts in Virginia and Florida. These states took action amid widespread political rhetoric that condemned Congress for shattering its constitutional limits by invading citizens' private decisions to purchase health insurance. Few political trends are as divisive as the changing role of government in private health care coverage decisions. Yet, the American debate continues to be distracted by marketplace rhetoric. This Comment argues that the American preoccupation …

Hardt V. Reliance Standard Life Insurance Company: Attorney's Fee Awards Under Erisa And The "Some Degree Of Success" Standard, Matthew D. Gimovsky

Journal of Health Care Law and Policy

No abstract provided.

Researchers Without Borders?: Limiting Obligations Of Ancillary Care Through The Rescue Model, Michael R. Ulrich

Student Articles and Papers

With the expansion of clinical research in developing countries, there is a need to explain obligations that researchers have to their subjects beyond those required by the study protocol. This paper outlines a model founded on the duty to rescue that provides ethical clarification of the obligations of ancillary care.

Guardianship And Its Alternatives: A Handbook On Maryland Law, Virginia Rowthorn, Ellen A. Callegary

Faculty Scholarship

No abstract provided.

Law & Health Care Newsletter, V. 18, No. 1, Fall 2010

Law & Health Care Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Fall 2010

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Newsletter, Summer & Fall 2010

Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 2010

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Law & Health Care Newsletter, V. 17, No. 2, Spring 2010

Law & Health Care Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Winter 2010

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

From Eugenics To The "New" Genetics: "The Play's The Thing", Karen H. Rothenberg

Faculty Scholarship

Genetics occupies a place in the public imagination with which few areas of science can compete. It is popularly understood to be the “science of life,” concerned with the essence of humanity: a subject that generates both awe and fear. These divergent emotions are encapsulated in the “promise versus peril” debate: the promise of an end to human disease is countered by the peril embodied in the discriminatory capacity of genetic essentialism. This debate has become ingrained in popular culture, and its dramatic potential has been effectively realized in theatre.

Plays have always been written and performed as expressions of …

Cognition-Enhancing Drugs: Can We Say No?, Frank Pasquale

Faculty Scholarship

Normative analysis of cognition-enhancing drugs frequently weighs the liberty interests of drug users against egalitarian commitments to a "level playing field." Yet those who would refuse to engage in neuroenhancement may well find their liberty to do so limited in a society where such drugs are widespread. To the extent that unvarnished emotional responses are world-disclosive, neurocosmetic practices also threaten to provide a form of faulty data to their users. This essay examines underappreciated liberty-based and epistemic rationales for regulating cognition-enhancing drugs.

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

Faculty Scholarship

Those in the richest countries have far more income and wealth than those in poor countries. Moreover, the most fortunate in the richest countries – particularly those in the top centile of the income distribution – are far richer than those around them. Most dramatically, even within that top centile, the richest of the rich have far more resources than even their elite peers. Like fractals, the patterns of distribution repeat at various levels.

This pattern of fractal inequality ensures that spending that seems trivial to those at the top of an income distribution can overwhelm the purchasing power of …

Failure Of Physicians To Prescribe Pharmacotherapies For Addiction: Regulatory Restrictions And Physician Resistance, Ellen M. Weber

Journal of Health Care Law and Policy

No abstract provided.

Maryland's Conscience Clause: Leaving A Woman's Right To A Health Care Provider's Choice, Maria Cirincione

Journal of Health Care Law and Policy

No abstract provided.

Litigation, Integration, And Transformation: Using Medicaid To Address Racial Inequities In Health Care, Ruqaiijah Yearby

Journal of Health Care Law and Policy

No abstract provided.

Emerging Isseus In Fda Regulation: Warning Letters, Internet Promotion, And Tobacco, Jeffrey M. Senger

Journal of Health Care Law and Policy

No abstract provided.

Introduction: Obstacles To The Development And Use Of Pharmacotherapies For Addiction, Richard C. Boldt

Journal of Health Care Law and Policy

No abstract provided.

The Virtues Of Pragmatism In Drug Policy, Richard J. Bonnie

Journal of Health Care Law and Policy

No abstract provided.

Harm Reduction And The American Difference: Drug Treatment And Problem-Solving Courts In Comparative Perspective, James L. Noland Jr.

Journal of Health Care Law and Policy

No abstract provided.