Health Law and Policy Commons^™

A Patient Perspective: Focusing On Compensating Harm, Valerie Witmer

Annals of Health Law and Life Sciences

No abstract provided.

Private Responses To The Crisis, Susan Schwartz

Annals of Health Law and Life Sciences

No abstract provided.

Private Responses To The Crisis, Joseph Murphy

Annals of Health Law and Life Sciences

No abstract provided.

Medical Marijuana And Personal Autonomy, 37 J. Marshall L. Rev. 1253 (2004), Andrew J. Boyd

UIC Law Review

No abstract provided.

Where Is Health Law Going?: Follow The Money, Robert L. Schwartz

Faculty Scholarship

Where has health law come from? Where will it be going? To follow the development of this discipline, follow the money. Where substantial financial interests entered the health care enterprise, lawyers have been sure to follow--or, sometimes, to lead. Where we can predict there will be concentrations of money, we can predict there will be concentrations of lawyers, and, not too far behind, legal academics. The very birth of "health law" (or, at least, its transformation out of "medical law") was a consequence of a newly developing medical economy. Since the term "Health Law" was first used as a casebook …

Hungry, Hungry Hippa: When Privacy Regulations Go Too Far, Meredith Kapushion

Fordham Urban Law Journal

This Comment explores the constructs and consequences of the Health Insurance Portability and Accountability Act of 1966 (“HIPAA”). HIPPA imposes considerable regulatory burdens on health care organizations in the hope that strict administration and control of information will prevent both real and perceived injuries from unauthorized and unwanted scrutiny of personal health data. In outlining the nature of HIPPA, the author presents what in her view are the Act’s shortcomings – HIPPA’s high costs, questionable benefits, and numerous economic, legal, and administrative consequences. As a result, the author presents alternatives to HIPPA that are less intrusive but still address the …

The Role Of Operational Research In Counterterrorism, Randy Borum, Robert Fein, Bryan Vossekuil, Michael Gelles, Scott Shumate

Mental Health Law & Policy Faculty Publications

No abstract provided.

The Impact Of Baker Act Examination On Service Use And Cost Of Care For Children In The Florida Foster Care System, Marion Becker, Rebecca Larsen

Mental Health Law & Policy Faculty Publications

No abstract provided.

Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo

Articles

Part I of this Article details the historical development and medical achievements made possible by vaccines. From Edward Jenner to Jonas Salk to Albert Sabin, immense strides have been made in eradicating or substantially eliminating some of the worst diseases in human history. Smallpox, polio, measles, mumps, rubella, diphtheria, pertussis, tetanus, influenza, hepatitis A and B, and even the chicken pox are all now largely preventable.

Literally hundreds of millions of deaths have been avoided and many more lives markedly improved, to say nothing of the financial ramifications for the American healthcare system. All fifty states have therefore enacted compulsory …

South Africa's Right To Health Care: International And Constitutional Duties In Relation To Hiv/Aids Epidemic, Roger Phillips

Human Rights Brief

No abstract provided.

Advancing Toward Universal Coverage: Are States Able To Take The Lead?, Lisa Dubay, Christina Moylan, Thomas R. Oliver

Journal of Health Care Law and Policy

No abstract provided.

Promise And Perils Of State-Based Road To Universal Health Insurance In The U.S., Carol S. Weissert

Journal of Health Care Law and Policy

No abstract provided.

Unequal Access: The Crisis Of Health Care Inequality For Low-Income African-American Residents Of The District Of Columbia, Robyn Whipple Diaz

Journal of Health Care Law and Policy

No abstract provided.

Universal Coverage And The American Health Care System In Crisis (Again), Rick Mayes

Journal of Health Care Law and Policy

No abstract provided.

Regulation Of Stem Cell Research: A Recommendation That The United States Adopt The Australian Approach, Bryn E. Floyd

Washington International Law Journal

Research using embryonic stem cells may lead to great medical advances because of their ability to differentiate into nearly any type of human tissue. Currently, the United States regulates embryonic stem cell research by limiting the stem cell lines that can be studied using federal money or by scientists working at federally-funded institutions. The states are left to regulate privately funded research, if they choose. This creates a situation in which federally-funded research is severely limited, while private funds may be used to conduct ethically problematic research. In contrast, the Australian Parliament has passed legislation regulating embryonic stem cell research …

Occupational Risk: The Outrageous Reaction To Hiv Positive Public Safety And Health Care Employees In The Workplace, Manju Gupta

Journal of Law and Health

Society, including the legal profession, fears the risk of transmission of HIV in an occupational setting. This is particularly true for those in the health care and public safety settings (fire fighters, police, and healthcare practitioners). This note will assert that the law should afford HIV infected public safety and healthcare employees the right to continue in their occupations. According to current medical evidence, when public safety and healthcare employees use universal precautions the risk of transmission to a person(s) assisted is insignificant. At the beginning of the epidemic, the medical profession had yet to conduct research, and the risks …

Curbing Reliance On Abortion In Russia, Meghan Stewart

Human Rights Brief

No abstract provided.

A National Tax Bar: An End To The Attorney-Accountant Tax Turf War., Katherine D. Black, Stephen T. Black

St. Mary's Law Journal

Abstract Forthcoming.

Medicare At 40: A Mid-Life Crisis?, Nancy-Ann Deparle

Journal of Health Care Law and Policy

No abstract provided.

Medicaid: Issues And Challenges For Health Coverage Of The Low-Income Population, Diane Rowland

Journal of Health Care Law and Policy

No abstract provided.

Medicate-To-Execute: Current Trends In Death Penalty Jurisprudence And The Perils Of Dual Loyalty, Daniel S. Shaivitz

Journal of Health Care Law and Policy

No abstract provided.

Bioethical Malpractice: Risk And Responsibility In Human Research, Barbara A. Noah

Journal of Health Care Law and Policy

No abstract provided.

Aids And Adolescents, Rhonda Gay Hartman

Journal of Health Care Law and Policy

No abstract provided.

Mad Cow Disease: An Approach To Its Containment, Michael B. Abramson

Journal of Health Care Law and Policy

No abstract provided.

Easing The Medical Malpractice Crisis: Restricting The Creation Of Duty Through An Implied Doctor-Patient Relationship, J. Gregory Lennon

Journal of Health Care Law and Policy

No abstract provided.

New Strategies For Prisoner Rehabilitation In The American Criminal Justice System: Prisoner Facilitated Mediation, Jeremy Coylewright

Journal of Health Care Law and Policy

No abstract provided.

In Search Of The Golden Years: How Compulsory Licensing Can Lower The Price Of Prescription Drugs For Millions Of Senior Citizens In The United States, Debjani Roy

Cleveland State Law Review

This article will show that compulsory licensing is the best remedy for the escalating cost of prescription drugs in the United States. Section II will provide a historical overview of American pharmaceutical patent law and will introduce the concept of compulsory licensing as a method to decrease the high cost of prescription drugs for senior citizens in the United States. Section III will look at the newly enacted Medicare Prescription Drug and Modernization Act, and state and local government plans to import cheaper brand-name prescription drugs from Canada. Section IV will look at the United States' international support for compulsory …

Advocacy In Whispers: The Impact Of The Unsaid Global Gag Rule Upon Free Speech And Free Association In The Context Of Abortion Law Reform In Three East African Countries, Patty Skuster

Michigan Journal of Gender & Law

In 2001, President George W. Bush restricted the participation in democratic processes for non-governmental organizations (NGOs) abroad by reinstating a policy restricting family planning funding granted by the United States Agency for International Development (USAID). The restriction sharply curtailed the ability to speak and to associate freely for organizations working to preserve women's health and lives. For this reason, I refer to the restriction as the Global Gag Rule (GGR). Organizations in Uganda, Ethiopia, and Kenya had begun to identify the problems associated with their countries' restrictive abortion laws. In these three countries, as elsewhere in the world, illegal abortions …

Chicago's Procrustean Bed: Applying Antitrust Law In Health Care, Thomas L. Greaney

All Faculty Scholarship

Antitrust enforcement in health care has undergone considerable buffeting in recent years with government agencies losing a string of important cases in federal court and support for vigorous enforcement waning among some policymakers. Critics of doctrinal development in antitrust law have begun to question whether the underlying economic relationships are accurately reflected in the law of antitrust as applied in health care. This article advances the positive claim that antitrust doctrine often suppresses pertinent features of the health care marketplace and urges courts and enforcers to pause before applying precedent and evidentiary rules of thumb that do not fit the …

The Ramifications Of Rejecting Wrongful Birth: A Closer Look At Grubbs V. Barbourville Family Health Center, Johanna L. Frantz

Kentucky Law Journal

No abstract provided.