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Articles 241 - 258 of 258
Full-Text Articles in Health Law and Policy
Bioterrorism, Public Health, And International Law, David P. Fidler
Bioterrorism, Public Health, And International Law, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Principles For Protecting Privacy, Fred H. Cate
Principles For Protecting Privacy, Fred H. Cate
Articles by Maurer Faculty
This article addresses health privacy in the broader context of other areas of recent privacy activity, in an effort to discover what people should have learned in trying to identify those principles that should undergrid regulatory efforts to protect privacy. Increasingly, the dominant trend in recent and pending privacy legislation is to invest consumers with near absolute control over information in the marketplace. - irrespective of whether the information is, or could be, used to cause harm. The Health Insurance Portability and Accountability Act privacy rules wholly ignore the concept of harm and the constitutional requirement of targeting restriction on …
Foreword: Phase Ii Of The Genetics Revolution: Sophisticated Issues For Home And Abroad, Frances H. Miller
Foreword: Phase Ii Of The Genetics Revolution: Sophisticated Issues For Home And Abroad, Frances H. Miller
Faculty Scholarship
The distinguished health law and policy scholars we invite to contribute to the American Journal of Law & Medicine's annual symposium issue are given carte blanche to write about any aspect of the designated topic that appeals to them. The authors in this year's genetics symposium, The Genetic Revolution: Conflicts, Challenges and Conundra, are already well known for their work in the field-in fact three of them have just co-authored the only casebook specifically dedicated to the law, policy and ethics of geneticsl-and we deliberately asked them for relatively short pieces on the theory that taken together their articles would …
The Nationalization Of Health Information Privacy Protections, Lawrence O. Gostin, James G. Hodge Jr., Lauren Marks
The Nationalization Of Health Information Privacy Protections, Lawrence O. Gostin, James G. Hodge Jr., Lauren Marks
Georgetown Law Faculty Publications and Other Works
In Part II, this article examines the justifications for implementing comprehensive national health information privacy regulations, including the personal nature of health information and the increasing threats to personal privacy from the shift to an electronic health information infrastructure. In doing so, it looks at historical attempts by federal and state officials to regulate the use and disclosure of personal health information, and concludes that prior standards have been largely inadequate. In Part III, this article explains the new national health information privacy regulations: (1) what do they cover?; (2) to whom do they apply?; (3) how do they safeguard …
Trust And Betrayal In The Medical Marketplace, Maxwell Gregg Bloche
Trust And Betrayal In The Medical Marketplace, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
The author argues in this Comment that disingenuity as first resort is an unwise approach to the conflict between our ex ante and our later, illness-endangered selves. Not only does rationing by tacit deceit raise a host of moral problems, it will not work, over the long haul, because markets reward deceit's unmasking. The honesty about clinical limit-setting that some bioethicists urge may not be fully within our reach. But more candor is possible than we now achieve, and the more conscious we are about decisions to impose limits, the more inclined we will be to accept them without experiencing …
Opening Remarks, Ben Chandler
School Vaccination Requirements: Historical, Social, And Legal Perspectives, James G. Hodge Jr., Lawrence O. Gostin
School Vaccination Requirements: Historical, Social, And Legal Perspectives, James G. Hodge Jr., Lawrence O. Gostin
Kentucky Law Journal
No abstract provided.
Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, Brian C. Murchison
Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, Brian C. Murchison
Kentucky Law Journal
No abstract provided.
Financing Public Health Through Nonprofit Conversion Foundations, Christopher W. Frost
Financing Public Health Through Nonprofit Conversion Foundations, Christopher W. Frost
Kentucky Law Journal
No abstract provided.
The "New Federalism" Approach To Medicaid: Empirical Evidence That Ceding Inherently Federal Authority To The States Harms Public Health, Dayna Bowen Matthew
The "New Federalism" Approach To Medicaid: Empirical Evidence That Ceding Inherently Federal Authority To The States Harms Public Health, Dayna Bowen Matthew
Kentucky Law Journal
No abstract provided.
Policy Levers For The Control Of Tobacco Consumption, Frank J. Chaploupka, Ellen J. Hahn, Sherry L. Emery
Policy Levers For The Control Of Tobacco Consumption, Frank J. Chaploupka, Ellen J. Hahn, Sherry L. Emery
Kentucky Law Journal
No abstract provided.
Legislating A Public Health Nightmare: The Anti-Immigrant Provisions Of The "Contract With America" Congress, Julia Field Costich
Legislating A Public Health Nightmare: The Anti-Immigrant Provisions Of The "Contract With America" Congress, Julia Field Costich
Kentucky Law Journal
No abstract provided.
The Mandatory Reporting Of Adult Victims Of Violence: Perspectives From The Field, Karen P. West, Linda Bledsoe, Joni Jenkins, Lois Margaret Nora
The Mandatory Reporting Of Adult Victims Of Violence: Perspectives From The Field, Karen P. West, Linda Bledsoe, Joni Jenkins, Lois Margaret Nora
Kentucky Law Journal
No abstract provided.
Public Health Law: Power, Duty, Restraint By Lawrence O. Gostin, Julia Field Costich
Public Health Law: Power, Duty, Restraint By Lawrence O. Gostin, Julia Field Costich
Kentucky Law Journal
No abstract provided.
The Organ Trail: Express Versus Presumed Consent As Paths To Blaze In Solving A Critical Shortage, Emily Denham Morris
The Organ Trail: Express Versus Presumed Consent As Paths To Blaze In Solving A Critical Shortage, Emily Denham Morris
Kentucky Law Journal
No abstract provided.
Tort Reform And The Medical Liability Insurance Crisis In Mississippi: Diagnosing The Disease And Prescribing A Remedy, Neil Vidmar, Leigh Anne Brown
Tort Reform And The Medical Liability Insurance Crisis In Mississippi: Diagnosing The Disease And Prescribing A Remedy, Neil Vidmar, Leigh Anne Brown
Faculty Scholarship
No abstract provided.
The Science, Law, And Politics Of Fetal Pain Legislation, Kevin C. Walsh
The Science, Law, And Politics Of Fetal Pain Legislation, Kevin C. Walsh
Scholarly Articles
Most people prefer not to inflict gratuitous pain on other sentient beings, especially other humans. What, then, should be the legal system's reaction to the mounting evidence that in late-term abortions doctors are inflicting just such pain on fetuses who have the anatomical, physiological, and neurological capacity to experience it? The pain being inflicted is gratuitous because it can be easily avoided with no significant increases in cost or health risk by the administration of tar geted fetal pain relief. If informed that an abortion is likely to cause pain to the fetus and given a choice between a procedure …
Constitutional Values And The Ethics Of Health Care: A Comparison Of The United States And Germany, William J. Wagner
Constitutional Values And The Ethics Of Health Care: A Comparison Of The United States And Germany, William J. Wagner
Scholarly Articles
In the first section, this essay will consider questions the new era in health care poses for a health-care ethics of ends. The second section will address the question this emerging era raises for a health-care ethics of duty. Under the rubric of an ethics of ends, the essay examines, more particularly, the ends of health and efficiency. Under that of duty, it addresses the duties of respect for the dignity of the human person; respect for the covenant of treatment; and respect for justice in distribution. In each case, it seeks to identify the basis for an adequate response …