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Health Law and Policy Commons

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2003

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Articles 121 - 150 of 244

Full-Text Articles in Health Law and Policy

The European Union's Efforts To Sidestep The Wto Through Its Ban On Gmos: A Response To Sarah Lively's Paper, "The Abcs And Ntbs Of Gmos", Johannes S.A. Iii Claus Jan 2003

The European Union's Efforts To Sidestep The Wto Through Its Ban On Gmos: A Response To Sarah Lively's Paper, "The Abcs And Ntbs Of Gmos", Johannes S.A. Iii Claus

Northwestern Journal of International Law & Business

The purpose of this paper is to refute Ms. Sarah Lively's article, the ABCs and NTBS of GMOs, detailing the reasons why the E.U. legislation is not in harmony with the WTO agreements. This paper will argue that if a WTO dispute settlement body were to decide upon the validity of the current European GMO regime, it would strike down the regulation as contrary to the WTO agreements signed by the European Union and the United States. The European Union's four year moratorium on GMOs continues to be one of the most hotly-contested trade issues facing it and the United …


Electronic Signatures In E-Healthcare: The Need For A Federal Standard, Ashoke S. Talukdar Jan 2003

Electronic Signatures In E-Healthcare: The Need For A Federal Standard, Ashoke S. Talukdar

Journal of Law and Health

Healthcare, like many industries, is fast embracing the benefits of modern information technology ("IT"). The wide range of available publications on the use of IT in healthcare indicates that IT provides the promise of faster and more comprehensive information about all aspects of the healthcare delivery process, to all classes of its consumers - patients, doctors, nurses, insurance adjudicators, health inspectors, epidemiologists, and biostatisticians. But the drive towards electronic information in health care is not rooted merely in efficiency; more recently, significant emphasis has been placed on patient safety issues raised by the Institute of Medicine's ("IOM") year 2001 quality …


A Tripartite Threat To Medical Records Privacy: Technology, Hipaa's Privacy Rule And The Usa Patriot , Nathan J. Wills Jan 2003

A Tripartite Threat To Medical Records Privacy: Technology, Hipaa's Privacy Rule And The Usa Patriot , Nathan J. Wills

Journal of Law and Health

Proceeding from the proposition that privacy is a fundamental right, this essay notes the importance of maintaining medical records privacy in light of the increased use of technology. It describes the Privacy Rule promulgated under HIPAA, which was intended to strengthen medical records privacy, but notes the restriction of privacy rights following September 11, 2001 ("9/11"). In light of circumscribed privacy rights, the Privacy Rules becomes much more important in protecting medical records privacy. Unfortunately, the Rule falls short of this goal by potentially running afoul of the First and Fourth Amendments. It also fails to provide adequate medical records …


Navigating Unchartered Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung Jan 2003

Navigating Unchartered Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung

Journal of Health Care Law and Policy

No abstract provided.


The Potential Impact Of Genetic Sequencing On The American Health Insurance System, Frederick Levy, Joseph F. Lawler Jan 2003

The Potential Impact Of Genetic Sequencing On The American Health Insurance System, Frederick Levy, Joseph F. Lawler

Journal of Health Care Law and Policy

No abstract provided.


Data-Sharing And Data-Withholding In The Genetics And The Life Sciences: Results Of A National Survey Of Technology Transfer Officers, Eric G. Campbell, Eran Bendavid Jan 2003

Data-Sharing And Data-Withholding In The Genetics And The Life Sciences: Results Of A National Survey Of Technology Transfer Officers, Eric G. Campbell, Eran Bendavid

Journal of Health Care Law and Policy

No abstract provided.


Piercing The Academic Veil: Disaffecting The Common Law Exception To The Patent Infringement Liability And The Future Of A Bona Fide Research Use Exemption After Madey V. Duke University, Lawrence M. Sung, Claire M. Maisano Jan 2003

Piercing The Academic Veil: Disaffecting The Common Law Exception To The Patent Infringement Liability And The Future Of A Bona Fide Research Use Exemption After Madey V. Duke University, Lawrence M. Sung, Claire M. Maisano

Journal of Health Care Law and Policy

No abstract provided.


Biotechnology And Human Dignity, A Necessary And Compatible Union, Ellen Judge Hayes Jan 2003

Biotechnology And Human Dignity, A Necessary And Compatible Union, Ellen Judge Hayes

Journal of Health Care Law and Policy

No abstract provided.


Index To The Bibliography Jan 2003

Index To The Bibliography

Journal of Health Care Law and Policy

No abstract provided.


Reproductive Genetics 1991-2002: A Selected Annotated Legal Bibliography Of Genetic Testing, Gene Transfer And Reproductive Cloning, Gail H. Javitt Jan 2003

Reproductive Genetics 1991-2002: A Selected Annotated Legal Bibliography Of Genetic Testing, Gene Transfer And Reproductive Cloning, Gail H. Javitt

Journal of Health Care Law and Policy

No abstract provided.


Infected Judgment: Legal Responses To Physician Bias, Mary Crossley Jan 2003

Infected Judgment: Legal Responses To Physician Bias, Mary Crossley

Villanova Law Review (1956 - )

No abstract provided.


Symposium: Issues In Bioterrorism - Introduction, Jessica Wilen Berg Jan 2003

Symposium: Issues In Bioterrorism - Introduction, Jessica Wilen Berg

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Biodefense: Who's In Charge?, Victoria Sutton Jan 2003

Biodefense: Who's In Charge?, Victoria Sutton

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Stem Cell Compromise: A Wolf In Sheep's Clothing, Constitutional Implications Of The Bush Plan, Atossa M. Alavi Jan 2003

The Stem Cell Compromise: A Wolf In Sheep's Clothing, Constitutional Implications Of The Bush Plan, Atossa M. Alavi

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Pharmacists Without Remedies Means Serious Side Effects For Patients: Third Circuit Denies Pennsylvania Pharmacists Standing To Challenge Reimbursement Rates Under Medicaid Act, Meredith Warner Nisse Jan 2003

Pharmacists Without Remedies Means Serious Side Effects For Patients: Third Circuit Denies Pennsylvania Pharmacists Standing To Challenge Reimbursement Rates Under Medicaid Act, Meredith Warner Nisse

Villanova Law Review (1956 - )

No abstract provided.


Long Term Follow-Up Of A Controlled Study To Facilitate Ssi Benefits: Final Report, Michael G. Dow, Timothy Boaz, Sonal Pathak Jan 2003

Long Term Follow-Up Of A Controlled Study To Facilitate Ssi Benefits: Final Report, Michael G. Dow, Timothy Boaz, Sonal Pathak

Mental Health Law & Policy Faculty Publications

No abstract provided.


The Medicaid Involuntary Commitment Project, Annette Christy, Paul G. Stiles, Sonal Pathak Jan 2003

The Medicaid Involuntary Commitment Project, Annette Christy, Paul G. Stiles, Sonal Pathak

Mental Health Law & Policy Faculty Publications

The Florida Agency for Health Care Administration (AHCA) has contracted with the Louis de la Parte Florida Mental Health Institute (FMHI) to a study short term involuntary or "Baker Act" examinations for Medicaid enrollees and their service utilizations of services reimbursed by Medicaid. This report presents the questions and methodological approaches that were used in this examination Baker Act and Medicaid data for these individuals.


Triad Women’S Project: Group Treatment Manual, Colleen Clark, Fred Fearday Jan 2003

Triad Women’S Project: Group Treatment Manual, Colleen Clark, Fred Fearday

Mental Health Law & Policy Faculty Publications

No abstract provided.


Methodological And Contextual Challenges To Researching Childhood Resilience: An International Collaboration, Michael Ungar, Roger A. Boothroyd, Luis F. Duque, John Leblanc Jan 2003

Methodological And Contextual Challenges To Researching Childhood Resilience: An International Collaboration, Michael Ungar, Roger A. Boothroyd, Luis F. Duque, John Leblanc

Mental Health Law & Policy Faculty Publications

No abstract provided.


Managing At-Risk Juvenile Offenders In The Community: Putting Evidence Based Principles Into Practice, Randy Borum Jan 2003

Managing At-Risk Juvenile Offenders In The Community: Putting Evidence Based Principles Into Practice, Randy Borum

Mental Health Law & Policy Faculty Publications

More than a half-million juveniles are under community supervision as a result of violent or delinquent behavior. Research has shown that treatment can reduce their risk of reoffending. This article reviews and distills the key lessons from hundreds of empirical studies and metaanalyses and applies them to practice. The author argues for conducting systematic and developmentally informed risk assessments, selectively assigning intensive intervention to the highest risk offenders, focusing on criminogenic treatment targets, using proven interventions and treatment strategies, and applying rigor in implementation and follow-up.


The Right To Health And The Nevirapine Case In South Africa, George J. Annas Jan 2003

The Right To Health And The Nevirapine Case In South Africa, George J. Annas

Faculty Scholarship

Thanks to activists in South Africa, the right to health as a human right has returned to the international stage, just as it was being displaced by economists who see health through the prism of a globalized economy and by politicians who see it as an issue of national security or charity. The current post-apartheid debate in South Africa is not about race but about health, and in this context, the court victory by AIDS activists in the nevirapine case has been termed not only, as stated in one British newspaper, “the greatest defeat for [President Thabo] Mbeki's government” but …


Pushing Drugs: Genomics And Genetics, The Pharmaceutical Industry, And The Law Of Negligence, Heidi Li Feldman Jan 2003

Pushing Drugs: Genomics And Genetics, The Pharmaceutical Industry, And The Law Of Negligence, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

This article presents a piece of a larger, ongoing project on the phenomenon of market-driven manufacturing (MDM) and how tort law should address it. In contrast to the larger project, this article provides a relatively brief overview of the general phenomenon of MDM, but zeros in on how pharmaceutical manufacturers specifically practice MDM. MDM is a well-documented, much practiced activity, although American courts do not recognize MDM as a discrete category of conduct. The basic idea of MDM is that marketing considerations should continuously control every aspect and stage of a product's lifecycle. When a company engages in MDM, it …


Patient Advocacy And Termination From Managed Care Organizations: Do State Laws Protecting Health Care Professional Advocacy Make Any Difference?, Linda C. Fentiman Jan 2003

Patient Advocacy And Termination From Managed Care Organizations: Do State Laws Protecting Health Care Professional Advocacy Make Any Difference?, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This article will explore the history, implementation, and impact of state advocacy protection statutes. The article is in four major parts. The first Part provides an introduction to the concept of advocacy, both as it was understood at common law, and as it is presently interpreted by HCPs and MCOs. The article will also examine the phenomenon of HCPs' “deselection,” that is, the termination or non-renewal of their contracts with MCOs. In this context, the article will highlight the distinction between anecdote and data and emphasize the paucity of hard evidence to support either side's version of the truth about …


The Next Wave: Federal Regulatory, Intellectual Property, And Tort Liability Considerations For Medical Device Software, 2 J. Marshall Rev. Intell. Prop. L. 259 (2003), Paul A. Mathew Jan 2003

The Next Wave: Federal Regulatory, Intellectual Property, And Tort Liability Considerations For Medical Device Software, 2 J. Marshall Rev. Intell. Prop. L. 259 (2003), Paul A. Mathew

UIC Review of Intellectual Property Law

Counsel for the medical software technologist faces an unusually complex, ongoing, high-stakes challenge. Counsel operates in a special field of commercial, legal and regulatory forces: (1) intellectual property laws which govern the expression and protection of commercial rights derived from advances in medical science and technology; (2) existing and proposed contracts/warranty laws that govern technological commercial relationships; (3) negligence, professional liability, and product liability laws that govern the marketing of medical technologies; and, (4) a new body of regulation derived from the power of the federal government to indirectly provide for the safety, effectiveness, privacy, and security of medical technologies …


Access To Health Care: What A Difference Shades Of Color Make, Gwendolyn R. Majette Jan 2003

Access To Health Care: What A Difference Shades Of Color Make, Gwendolyn R. Majette

Law Faculty Articles and Essays

No abstract provided.


Looking Backward: The Twentieth Century Revolutions In Psychiatry, Law And Public Mental Health, Sheldon Gelman Jan 2003

Looking Backward: The Twentieth Century Revolutions In Psychiatry, Law And Public Mental Health, Sheldon Gelman

Law Faculty Articles and Essays

Do histories of psychiatry make a difference--or have legal implications--in the present? Does our current situation help explain what historians say about psychiatry's past? Focusing on the past half century--the era of medications-- this paper explores the reciprocal relationship between the present and the past in psychiatry. Part II sketches the medical developments that constitute the subjects of any history of psychiatry. This Part also examines related developments in law. Part III introduces some problems of psychiatric historiography and examines some historians' attempts to deal with them. Part IV analyzes the account of psychiatry's past contained in Edward Shorter's well-regarded …


Federal Whistleblower Protection: A Means To Enforcing Maximum-Hour Legislation For Medical Residents, Robert Neil Wilkey Jan 2003

Federal Whistleblower Protection: A Means To Enforcing Maximum-Hour Legislation For Medical Residents, Robert Neil Wilkey

William Mitchell Law Review

The extension of whistleblower protection to medical residents is by no means a panacea to current abusive working conditions. Roles exist for the federal government, the states, and institutional organizations such as the ACGME. Whistleblower protection provides one subtle yet effective regulatory tool that could undoubtedly result in enforcement of labor standards and ultimately better working conditions for medical residents.


A Policy Overview, Stephen Utz Jan 2003

A Policy Overview, Stephen Utz

Faculty Articles and Papers

No abstract provided.


Novel Issues, Futile Issues, And Appelate Advocacy: The Troubling Lessons Of Bousley V. United States., Henry J. Bemporad, Sarah P. Kelly Jan 2003

Novel Issues, Futile Issues, And Appelate Advocacy: The Troubling Lessons Of Bousley V. United States., Henry J. Bemporad, Sarah P. Kelly

St. Mary's Law Journal

Bousley v. United States may require appellate attorneys to raise meritless claims in order to preserve them for habeas review in the event of a change in the law. Bousley is a habeas corpus case involving the “procedural default” doctrine. The doctrine states that a prisoner may only raise issues that have been adequately preserved, and if not preserved, they have defaulted on their claims. Bousley looked with critical hindsight at the decisions made by appellate counsel and punished the defendant for their lawyer’s failure to preserve an issue rejected by eleven courts of appeals—including the court before which the …


Quarantine Redux: Bioterrorism, Aids And The Curtailment Of Individual Liberty In The Name Of Public Health, Wendy E. Parmet Jan 2003

Quarantine Redux: Bioterrorism, Aids And The Curtailment Of Individual Liberty In The Name Of Public Health, Wendy E. Parmet

Health Matrix: The Journal of Law-Medicine

No abstract provided.