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Health Law and Policy Commons

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2005

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Institution
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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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

Reforming Child Protection: A Public Health Perspective, Marsha Garrison

Faculty Scholarship

No abstract provided.


The Failure Of Community Beneift, John D. Colombo Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

Beyond The Bylaws: Hospital-Physician Relationships, Economics, And Conflicting Agendas, John D. Blum

Faculty Publications & Other Works

No abstract provided.