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Articles 181 - 210 of 307
Full-Text Articles in Health Law and Policy
Raich, Health Care, And The Commerce Clause, Alex Kreit, Aaron Marcus
Raich, Health Care, And The Commerce Clause, Alex Kreit, Aaron Marcus
William Mitchell Law Review
This article considers to what extent health care may be viewed as a traditional area of state concern in the context of the Supreme Court’s revival of federalism principles, in particular limits on Congress’ Commerce Clause power, and what effect Raich v. Ashcroft, heard by the Court in the fall 2004 term, might have on these issues. Addressing these questions will necessarily involve exploration of medical marijuana policy as well as the role of the “traditional state interest” principle within the Commerce Clause. However, the central focus of this article is not what impact Raich may have on the Commerce …
Attorney Disciplinary Procedure In Texas: Competing Interests And Philosophies 1988-2004 The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Dawn Miller, Daniel A. Naranjo
Attorney Disciplinary Procedure In Texas: Competing Interests And Philosophies 1988-2004 The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Dawn Miller, Daniel A. Naranjo
St. Mary's Law Journal
Abstract Forthcoming.
World Health Law: Toward A New Conception Of Global Health Governance For The 21st Century, Lawrence O. Gostin
World Health Law: Toward A New Conception Of Global Health Governance For The 21st Century, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
The international community joined together during the late twentieth century to form a world trade system. Although imperfect, the world trade system contains adjudicable and enforceable norms designed to facilitate global economic activity. Human health is at least as important as trade in terms of its effects on the wellbeing of populations. Moreover, health hazards-biological, chemical, and radionuclear-have profound global implications. Whether these threats' origins are natural, accidental, or intentional, the harms, as well as the response, transcend national frontiers and warrant a transnational response. Despite their high importance, the International Health Regulations (IHR) are antiquated, limited in scope, and …
Editors' Note, Kelly Rain, Kirk Herbertson
Editors' Note, Kelly Rain, Kirk Herbertson
Sustainable Development Law & Policy
No abstract provided.
The Millennium Challenge Account: A Critical Look At The Newly Focused Development Approach And Its Potential Impact On The U.S Agency For International Development , Melanie Nakagawa
The Millennium Challenge Account: A Critical Look At The Newly Focused Development Approach And Its Potential Impact On The U.S Agency For International Development , Melanie Nakagawa
Sustainable Development Law & Policy
No abstract provided.
The Millennium Development Goals And Hiv/Aids, J.C. Sylvan
The Millennium Development Goals And Hiv/Aids, J.C. Sylvan
Sustainable Development Law & Policy
No abstract provided.
World News, Blase Kornacki, Abby Okrent, Jennifer Rohleder, Mauro Zinner
World News, Blase Kornacki, Abby Okrent, Jennifer Rohleder, Mauro Zinner
Sustainable Development Law & Policy
No abstract provided.
A Primer On The Law And Ethics Of Treatment, Research, And Public Policy In The Context Of Severe Traumatic Brain Injury, Stacey A. Tovino
A Primer On The Law And Ethics Of Treatment, Research, And Public Policy In The Context Of Severe Traumatic Brain Injury, Stacey A. Tovino
Faculty Articles
No abstract provided.
Can State "Medical" Marijuana Statutes Survive The Sovereign's Federal Drug Laws? A Toke Too Far, M. Wesley Clark
Can State "Medical" Marijuana Statutes Survive The Sovereign's Federal Drug Laws? A Toke Too Far, M. Wesley Clark
University of Baltimore Law Review
No abstract provided.
Hospital Chaplaincy Under The Hipaa Privacy Rule: Health Care Or Just Visiting The Sick, Stacey A. Tovino
Hospital Chaplaincy Under The Hipaa Privacy Rule: Health Care Or Just Visiting The Sick, Stacey A. Tovino
Faculty Articles
No abstract provided.
Health As Foreign Policy: Between Principle And Power, David P. Fidler
Health As Foreign Policy: Between Principle And Power, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Conflicts Credentialing: Hospitals And The Use Of Financial Considerations To Make Medical Staffing Decisions, James W. Marks, Jayme R. Matchinski
Conflicts Credentialing: Hospitals And The Use Of Financial Considerations To Make Medical Staffing Decisions, James W. Marks, Jayme R. Matchinski
William Mitchell Law Review
The emerging practice of conflicts credentialing represents a significant change in the economic and professional interests of physicians and in the relationship between medical staffs and hospitals. In this article, the authors explain the interrelationship between the authority of hospitals and medical staffs to manage their respective affairs and the legal developments that have led toward conflicts credentialing. The authors next discuss the medical community’s reaction to conflicts credentialing and the legal challenges facing the use of economic factors in physician credentialing.
Note: Capping Noneconomic Damages In Medical Malpractice Suits Is Not The Panacea Of The “Medical Liability Crisis”, Melissa C. Gregory
Note: Capping Noneconomic Damages In Medical Malpractice Suits Is Not The Panacea Of The “Medical Liability Crisis”, Melissa C. Gregory
William Mitchell Law Review
This note explores the history behind the rising costs of medical malpractice insurance rates and the responsive state legislative proposals to limit noneconomic damages. The current state of health care liability and the recent federal proposals that include caps on noneconomic damages are then discussed. This note analyzes the reasons why the federal government should not cap noneconomic damages, primarily because: (1) states are better able to regulate health care, (2) noneconomic damages are not the determinate cause of rising medical malpractice insurance rates, and (3) caps infringe on equal protection guarantees by limiting compensation of medical malpractice victims. This …
Note: Exclusive Licensing Of Dna Diagnostics: Is There A Negative Effect On Quantity And Quality Of Healthcare Delivery That Compels Nih Rulemaking?, Edward Weck
William Mitchell Law Review
This comment surveys the costs of deoxyribonucleic acid (DNA) diagnostic tests and argues in favor of non-exclusive licensing as a means to provide broad access to affordable DNA diagnostic testing. Part II provides background information on genetic testing, patenting genes as applied to genetic testing, the Bayh-Dole Act, and technology transfer. In addition, Part II summarizes academic commentary regarding the implications of exclusive licensing for biotechnology. Scholars propose a number of solutions, including expanding the experimental use exception. Part III details proposed rulemaking for DNA diagnostics. Part IV reviews anecdotal examples of genetic testing for breast cancer, hereditary hemochromatosis, and …
Gao Stresses Need For Federal Oversight Of State Use Of Contingency-Fee Consultants In Medicaid Financing, Susan E. Cancelosi
Gao Stresses Need For Federal Oversight Of State Use Of Contingency-Fee Consultants In Medicaid Financing, Susan E. Cancelosi
Law Faculty Research Publications
No abstract provided.
New Cms Guidance On Medicare Part D Creditable Coverage Notice Offers Helpful Direction For Prescription Drug Plan Sponsors, Susan E. Cancelosi
New Cms Guidance On Medicare Part D Creditable Coverage Notice Offers Helpful Direction For Prescription Drug Plan Sponsors, Susan E. Cancelosi
Law Faculty Research Publications
No abstract provided.
Revisiting Employer Prescription Drug Plans For Medicare-Eligible Retirees In The Medicare Part D Era, Susan E. Cancelosi
Revisiting Employer Prescription Drug Plans For Medicare-Eligible Retirees In The Medicare Part D Era, Susan E. Cancelosi
Law Faculty Research Publications
No abstract provided.
Medical Code Blue Or Clue Light Special: Where Is The Market For Indigent Care, Peter J. Hammer
Medical Code Blue Or Clue Light Special: Where Is The Market For Indigent Care, Peter J. Hammer
Law Faculty Research Publications
No abstract provided.
Volume 15 Issue 1 (2005), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Volume 15 Issue 1 (2005), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Executive Compensation In Nonprofit Health Care Organizations: Who's In Charge ?, A. L. (Lorry) Spitzer
Executive Compensation In Nonprofit Health Care Organizations: Who's In Charge ?, A. L. (Lorry) Spitzer
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Revisiting Medical Error: Five Years After The Iom Report, Have Reporting Systems Made A Measurable Difference ?, Maxine M. Harrington
Revisiting Medical Error: Five Years After The Iom Report, Have Reporting Systems Made A Measurable Difference ?, Maxine M. Harrington
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Obscene Contracts: The Doctrine Of Unconscionability And Hospital Billing Of The Uninsured, George A. Nation Iii
Obscene Contracts: The Doctrine Of Unconscionability And Hospital Billing Of The Uninsured, George A. Nation Iii
Kentucky Law Journal
No abstract provided.
The 800 Pound Gorilla Sleeps: The Federal Government's Lackadaisical Liability And Compensation Policies In The Context Of Pre-Event Vaccine Immunization Programs, Michael Greenberger
The 800 Pound Gorilla Sleeps: The Federal Government's Lackadaisical Liability And Compensation Policies In The Context Of Pre-Event Vaccine Immunization Programs, Michael Greenberger
Faculty Scholarship
On July 21, 2004, President Bush signed the Project Bioshield Act, which authorizes the spending of $5.6 billion to advance the development and acquisition of vaccines and other countermeasures to biological agents. While the funding and progress are welcome signs for our national biodefense strategy, the failure of the federal Phase I smallpox vaccination program demonstrated that other serious obstacles remain to the implementation of a successful pre-event vaccine immunization program. Specifically, as demonstrated by a field study of several states' health departments, performed at the ANSER Institute for Homeland Security, the federal government's inability to provide both sufficient liability …
Reforming Child Protection: A Public Health Perspective, Marsha Garrison
Reforming Child Protection: A Public Health Perspective, Marsha Garrison
Faculty Scholarship
No abstract provided.
The Failure Of Community Beneift, John D. Colombo
The Failure Of Community Beneift, John D. Colombo
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Letter To The Editors Of Health Matrix -- Is Antidepressant Drug Discontinuation Warranted Prior To Polygraph Administration ?, J. R. Kuykendall
Letter To The Editors Of Health Matrix -- Is Antidepressant Drug Discontinuation Warranted Prior To Polygraph Administration ?, J. R. Kuykendall
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Is Justice For One Justice For All? The Dilemma Of Public Health Enforcement In An Interconnected World, John D. Blum
Is Justice For One Justice For All? The Dilemma Of Public Health Enforcement In An Interconnected World, John D. Blum
Faculty Publications & Other Works
No abstract provided.
Inoculation Inventions: The Interplay Of Infringement And Immunity In The Development Of Biodefense Vaccines, Cynthia M. Ho
Inoculation Inventions: The Interplay Of Infringement And Immunity In The Development Of Biodefense Vaccines, Cynthia M. Ho
Faculty Publications & Other Works
No abstract provided.
How Necessity May Preclude State Responsibility For Compulsory Licensing Under The Trips Agreement, James T. Gathii
How Necessity May Preclude State Responsibility For Compulsory Licensing Under The Trips Agreement, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Beyond The Bylaws: Hospital-Physician Relationships, Economics, And Conflicting Agendas, John D. Blum
Beyond The Bylaws: Hospital-Physician Relationships, Economics, And Conflicting Agendas, John D. Blum
Faculty Publications & Other Works
No abstract provided.