Health Law and Policy Commons^™

Symposium: Barriers To Access To Health Care -- Introduction: Are The Walls Tumbling Down? Hardly. Are The Sands Shifing? Surely., Louise W. Mckinney

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Into The Red To Stay In The Pink: The Hidden Cost Of Being Uninsured, Hugh F. "Trey" Daly Iii, Leslie M. Oblak, Robert W. Seifert, Kimberly Shellenberger

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Informed Consent For Medication In Persons With Mental Retardation And Mental Illness, Joan L. O'Sullivan, Breck G. Borcherding

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Olmstead V.L.C.: Implications For Medicaid And Other Publicly Funded Health Services, Sara Rosenbaum, Joel Teitelbaum, Alexandra Stewart

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Working On The Puzzle: Health Care Coverage For Low-Wage Workers, Louise G. Trubek

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 12 Issue 2 (2002)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 12 Issue 2 (2002), Volume 12 (Issue 2) (2002)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Crossing The Quality Chasm: Autonomous Physician Extenders Will Necessitate A Shift To Enterprise Liability Coverage For Health Care Delivery, Thomas R. Mclean

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Borders Of Solidarity: How Countries Determine The Public/Private Mix In Spending And The Impact On Health Care, Colleen M. Flood, Mark Stabile, Carolyn Hughes Tuohy

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Biotech In Northeast Ohio Conference -- The Role Of The Private Sector In Biotechnology: Research And Development, Lila Feisee

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Human Genome Project: A Public Good, Kathy Hudson

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Are We Killing The Weak To Heal The Sick: Federally Funded Embryonic Stem Cell Research, Alo H. Konsen

Health Matrix: The Journal of Law-Medicine

No abstract provided.

A Question Of Revenge: Munchausen Syndrome By Proxy And A Proposed Diminished Capacity Defense For Homicidal Mothers, E. Selene Steelman

Cardozo Journal of Equal Rights & Social Justice

The note argues that Munchausen Syndrome by Proxy (MSBP) should be legally recognized as a severe mental disorder, allowing defendants to use a diminished capacity defense in cases of accidental filicide. The author critiques the legal system's inconsistent treatment of MSBP, which often focuses on the physical harm to the child while neglecting the mother's mental state. By acknowledging MSBP as a psychiatric disorder, the law could achieve more nuanced outcomes that consider both the act and the defendant's mental condition, reducing stigma and promoting fairness in criminal liability assessments.

Conceptualizing The Field After September 11th: Forward To A Symposium On Public Health Law, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Safeguarding the public's health, safety, and security took on new meaning and urgency after the attacks on the World Trade Center in New York and the Pentagon in Washington, D.C. on September 11, 2001. On October 4, 2001, a Florida man named Robert Stevens was diagnosed with inhalational anthrax. The intentional dispersal of anthrax through the U.S. postal system in New York, Washington, Pennsylvania and other locations resulted in at least five deaths, hundreds treated, and thousands tested. The prospects of new, larger, and more sophisticated attacks have created a sense of deep vulnerability. The need to rapidly detect and …

Commentary: Public Health And Civil Liberties In An Era Of Bioterrorism, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Safeguarding the public's health, safety, and security took on new meaning and urgency after the attacks on the World Trade Towers in New York and the Pentagon in Washington, D.C., on September 11, 2001. The subsequent intentional dispersal of anthrax through the U.S. postal system resulted in five confirmed deaths, hundreds treated, and thousands tested. The potential for new, larger, and more sophisticated attacks have created a sense of vulnerability. National attention has urgently turned to the need to detect and react rapidly to bioterrorism as well as to naturally occurring infectious diseases.

Public Health Law: A Renaissance, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Public health seeks to assure the conditions for people to be healthy. Public health can be distinguished from health care in several critical respects. Public health focuses on: (1) the health and safety of populations rather than the health of individual patients; (2) prevention of injury and disease rather than treatment and care; (3) relationships between the government and the community rather than the physician and patient; and (4) population based services grounded on the scientific methodologies of public health (e.g., biostatistics and epidemiology) rather than personal medical services. These critical features - populations, prevention, government and communities, and epidemiological …

Whither Antitrust? The Uncertain Future Of Competition Law In Health Care, Thomas L. Greaney

All Faculty Scholarship

Although instrumental in ushering in competition to the health care industry and later in safeguarding the competitive structure of markets, antitrust law has come under attack. A series of questionable judicial decisions has clouded the standards applicable to analyzing health care markets. Legislative efforts to immunize conduct from antitrust challenge also have gathered support in recent years. This study finds scant economic or policy basis for these developments and concludes that anti-managed sentiments have diluted enthusiasm for applying competitive principles in health care. This phenomenon has resulted in outcome-driven judicial decisions and legislative activity geared to serving political expediency rather …

Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo

All Faculty Scholarship

Despite a decade of litigation, there is no consistent understanding of the reasonable accommodation requirement of Title I of the Americans with Disabilities Act of 1990 (the 'ADA'). Indeed, there are three inconsistent distributive outcomes that appear to comport with the reasonable accommodation requirement: cost-shifting, cost-sharing, and cost-avoidance.

One reason for such inconsistent outcomes is a failure to develop a coherent and consistent theory of disability. Because disability has been and continues to be medicalized, this Article takes a fresh look at the medical literature on health, illness, and disability. It recommends the use of the experiential health model over …

Genetic Interventions: (Yet) Another Challenge To Allocating Health Care, Arti K. Rai

San Diego Law Review

Much of the existing literature on genetic intervention addresses questions of discrimination or reproductive decisionmaking. Although this book discusses those questions,

it takes as its major focus an issue that is perhaps even more vexing—the issue of how we should, from the standpoint of distributive justice, allocate genetic interventions. In other words, given the wide range of genetic interventions that may become available, how should we divide such interventions? Implicit in this problem is the reality that scarcity will prevent individuals from having access to all genetic interventions that would be of benefit to them. In this brief Essay, I …

Punishing Reproductive Choices In The Name Of Liberal Genetics, Alexander Morgan Capron

San Diego Law Review

When the four American moral philosophers who individually have already made the most significant contributions to the ethical analysis of contemporary health care and medicine collaborate, it should come as no surprise that their joint effort is a lucid and powerful analysis of the principles that a just and humane society would employ in setting policies about how the new tools of molecular genetics should be used for human betterment. In From Chance to Choice: Genetics and Justice, Allen Buchanan, Dan W. Brock, Norman Daniels, and Daniel Wikler aimed to steer a middle course between two extreme models. The first …

Is Moral Theory Perplexed By New Genetic Technology?, Richard J. Arneson

San Diego Law Review

From Chance to Choice: Genetics and Justice

intelligently addresses difficult issues at the intersection of medical ethics and the theory of justice. The authors Allen Buchanan, Dan W. Brock, Norman Daniels, and Daniel Wikler repeatedly emphasized their opinion that advances in genetic technology force upon us entirely new ethical questions that previous moral theories lack the resources to resolve.

The claim that

new scientific discoveries render previous moral theories obsolete should be regarded with suspicion. Suspicion should be further aroused when readers note another feature of the authors’ theorizing that neatly fits the claim that we stand at the dawn …

A Rawlsian Approach To Solving The Problem Of Genetic Discrimination In Toxic Workplaces, Robert A. Bohrer

San Diego Law Review

The Human Genome Project (HGP) may well be the beginning of a technological leap that rivals the advent of the Industrial Age.2 The principal goal of the project is to map and fully sequence3

the twenty- four chromosomes that contain the complete genetic contents of a

normal human cell. The human genome consists of twenty-two pairs of chromosomes plus the X and Y chromosomes that determine gender.4 As would be expected for such a technologically adventurous undertaking, the HGP has been accompanied by a substantial outpouring of concern about the ethical, legal, and social issues that will arise from this …

Does Technological Enhancement Of Human Traits Threaten Human Equality And Democracy?, Michael H. Shapiro

San Diego Law Review

This Article outlines some of the moral, legal, and general policy difficulties that societies and individuals will face if technological enhancements via germ line and somatic mechanisms become possible. It identifies and analyzes some of the conceptual structures necessary to explain the nature of these difficulties, suggests some alternative basic scenarios—such as greater or lesser scarcity of technological enhancement resources, impacts on how we perceive each other, and different remediation patterns—and then maps and reverse maps the projected technological developments against the value and legal structures. This Article also describes and comments on what may seem to be, from our …

Deconstructing Binary Race And Sex Categories: A Comparison Of The Multiracial And Transgendered Experience, Julie A. Greenberg

San Diego Law Review

Millions of people are transgendered

and cannot easily be categorized as either male or female. Similarly, millions of people are multiracial and cannot be classified as being of one distinct race. Race classification systems have existed for centuries and have been the subject of extensive commentary and critique for decades. Sex and gender classification systems, on the other hand, have just started to become the subject of litigation in the last half of the twentieth century

and it is only during the last decade that sex classification systems have become the topic of extensive scholarly discussion.

Loyola Hosts Forum Exploring Lead Poisoning, Valerie Puryear

Public Interest Law Reporter

No abstract provided.

Lead Poisoning Threatens Children's Health, Legal System Responds, Anita Weinberg

Public Interest Law Reporter

No abstract provided.

Students Assume Legislator-Role To Tackle Lead Paint Poisoning Problem, Maria A. Petrone, Lori Hall-Armstrong, Gia Divito, Jayne Westendorp-Holland

Public Interest Law Reporter

No abstract provided.

Seventh Circuit Upholds Injunction Against Pro-Life Groups For Violation Of Rico, Rebecca L. Mattison

Public Interest Law Reporter

No abstract provided.

Sixth Circuit To Decide Whether Medicaid-Eligible Children Have Redress In Federal Court System, Jamie Rutkowski

Public Interest Law Reporter

No abstract provided.