Health Law and Policy Commons^™

Comment: Dna As Property: Implications On The Constitutionality Of Dna Dragnets, Jonathan Will

Journal Articles

This comment will argue that when the state seeks to deprive a person of his or her DNA, greater constitutional protections than are currently afforded dragnets must be provided. Part I will discuss the unique properties of DNA, the information contained therein and why it should be constitutionally protected. Part II will briefly trace the history of DNA dragnets, including the practical and procedural uses in worldwide criminal investigations. Part III will explore current law and commentary regarding Fourth Amendment privacy interests in one’s DNA. Part IV will argue that DNA constitutes personal property, and finally, Part V will show …

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.

Midwifery: Strategies On The Road To Universal Legalization, Laura Hermer

Faculty Scholarship

Multiple studies have shown that direct-entry midwifery is just as safe, if not safer than, medical care in low-risk childbirth. Most births using direct-entry midwives require fewer interventions than those attended by physicians, yet yield excellent results. The results of these studies indicate that we should return to midwifery for normal births, rather than continuing to rely primarily on medicine. This option, however, has been significantly curtailed by many state legislatures and courts, despite decades of attempts to make incursions on the traditional paradigm of hospital births attended by obstetricians. As a result, where midwifery is more readily available, it …

The Trajectory Of "Normal" After 9/11: Trauma, Recovery And Post-Traumatic Societal Adaptation, Joel B. Eisen

Law Faculty Publications

I shall evaluate some of the wide-ranging psychological effects of 9/11 to further flesh out the concept that 9/11 is a "national trauma," in pursuit of a more sophisticated understanding intended to supplant the traditional concept of "trauma" so often associated with events of this caliber. Before 9/11, most people thought posttraumatic stress was something Vietnam veterans (or perhaps rape victims) suffered. As I describe in Part I, this is squarely at odds with recent research that shows such trauma is common. I will discuss current literature reflecting on post-traumatic stress and the associated disorder (post-traumatic stress disorder, or "PTSD"), …

Expanding Health Flexible Spending Accounts To Reimburse Over-The-Counter Drugs: A Positive Move, Susan E. Cancelosi

Law Faculty Research Publications

No abstract provided.

Increasing The Supply Of Organs In Transplantation Through Paired Organ Exchanges, Michael T. Morley

Scholarly Publications

No abstract provided.

Legal Movements In Intellectual Property: Trips, Unilateral Action, Bilateral Agreements, And Hiv/Aids, Margo A. Bagley

Faculty Articles

This Article begins with an overview of the relationship between the Agreement on Trade-Related Aspects of Intellectual Property Rights (the "TRIPS Agreement") and the HIV/AIDS pandemic which created the need for the Doha Declaration. It then discusses two trade-related movements, unilateral action and TRIPS-plus bilateral agreements, that call into question the long-term effectiveness of the TRIPS Agreement process, generally, and the benefits of the Doha Declaration, in particular, in addressing multiple facets of the access to essential medicines problem. This Article concludes that a consideration of these issues should be included in the development of any further TRIPS-related solutions to …

Volume 13 Issue 2 (2003), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Telemedicine Reimbursement: Raising The Iron Triangle To A New Plateau, Kirsten Rabe Smolensky

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Cruel But Not Unusual Punishment: The Failure To Provide Adequate Medical Treatment To Female Prisoners In The United States, Kendra Weatherhead

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Liability Of Lawyers For Fraud Under The Federal And State Securities Laws The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Kathy Patrick

St. Mary's Law Journal

Abstract Forthcoming.

The Rise And Fall Of Managed Care: A Predictable Tragic Choices Phenomenon, David Orentlicher

Scholarly Works

No abstract provided.

Symposium, Justice And Democracy Forum: The Law And Politics Of Tort Reform, Ann C. Mcginley

Scholarly Works

On April 25, 2003, the University of Nevada, Las Vegas (“UNLV”) Center for Democratic Culture (“CDC”) and the William S. Boyd School of Law sponsored a one-day symposium addressing issues of tort reform. In particular, the Forum addressed concerns regarding construction defect litigation and medical malpractice, two areas of current and substantial concern in Nevada. As reflected in the discussion at the Forum, both topics received considerable attention from the Nevada State Legislature during its 2003 Session. Ultimately, the legislature enacted amendments to state statutes governing claims for defective construction. Despite significant lobbying by physicians and insurers, the legislature did …

Diverging Trends In Worker Health And Safety Protection And Participation In Canada, 1985-2000, Eric Tucker

Articles & Book Chapters

Despite the comprehensiveness of neo-liberal restructuring in Canada, it has not proceeded uniformly in its timing or outcomes across regulatory fields and political jurisdictions. The example of occupational health and safety (OHS) regulation is instructive. This article compares recent OHS developments in five Canadian jurisdictions, Alberta, British Columbia, Nova Scotia, Ontario and the Federal jurisdiction. It finds that despite the adoption of a common model by all jurisdictions, there has recently been considerable divergence in the way that the elements of worker participation and protection have been combined. Modified power resource theory is used to explain a portion of this …

Public Health And The Built Environment: Historical, Empirical, And Theoretical Foundations For An Expanded Role, Wendy Collins Perdue, Lawrence O. Gostin, Lesley A. Stone

Law Faculty Publications

In 2000, the Center for Disease Control and Prevention's National Center for Environmental Health issued a report that explored some of the ways in which "sprawl" impacts public health. The report has generated great interest, and state health officials are beginning to discuss the relationship between land use and public health. The CDC report has also produced a backlash. For example, the Southern California Building Industry Association labeled the report "a ludicrous sham" and argued that the CDC should stick to "fighting physical diseases, not defending political ones."

In this environment, it is understandable if the CDC looks to such …

The Built Environment And Its Relationship To The Public's Health: The Legal Framework, Wendy Collins Perdue

Law Faculty Publications

Public health advocates can help shape the design of cities and suburbs in ways that improve public health, but to do so effectively they need to understand the legal framework. This article re- views the connection between public health and the built environment and then describes the legal pathways for improving the design of our built environment.

Masthead, Volume 13 Issue 1 (2003)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 13 Issue 1 (2003), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Model State Emergency Health Powers Act: Public Health And Civil Liberties In A Time Of Terrorism, Lawrence O. Gostin

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Blinded By Bioterrorism: Public Health And Liberty In The 21st Century, George J. Annas

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Policy Choices And Model Acts: Preparing For The Next Public Health Emergency, Ken Wing

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Regulation Of Biological Research In The Terrorism Era, Barry Kellman

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 13 Issue 2 (2003)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Midwifery: Strategies On The Road To Universal Legalization, Laura D. Hermer

Health Matrix: The Journal of Law-Medicine

No abstract provided.

2002 Schroeder Scholar In Residence Lecture -- Gaps And Inequities In America's Health Care System, Ronald Pollack

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Sex, Marriage, Medicine, And Law: 'What Hope Of Harmony?', Thomas Wm. Mayo

Faculty Journal Articles and Book Chapters

This essay offers a critique of the Kansas Supreme Court's decision in In re Estate of Gardiner, 42 P.3d 120 (Kan. 2002), and similar cases that hold that for purposes of the opposite-sex marriage rule, an individual's sex is determined at birth, is genetically fixed, and cannot be changed through surgery or hormone therapy. The result for transgendered individuals is a legal regime that is hostile to medical care that brings external sex characteristics into line with sexual identity. The result for society is a legal rule that is at odds with scientific opinion. Finally, the result for the opposite-sex …

Joining Forces To Fight Aids, Amber Nesbitt

Public Interest Law Reporter

No abstract provided.

Asbestos Litigation Growing With Mounting Negative Consequences, Valerie Sarigumba

Public Interest Law Reporter

No abstract provided.

Representative Conyers Proposes National Health Insurance Act, Amber Nesbitt

Public Interest Law Reporter

No abstract provided.

Ban On Partial-Birth Abortion Clears Another Hurdle, Eileen D. Collins

Public Interest Law Reporter

No abstract provided.