Health Law and Policy Commons^™

Gloria Jean Ate Catfood Tonight: Justice And The Social Compact For Health Care In America, Lawrence E. Singer

Faculty Publications & Other Works

No abstract provided.

Obesity And The Struggle Within Ourselves, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

The author argues that we ought to treat our eating, exercise habits, and girth as personal matters, for the most part, but that law can and should make a contribution, as an ally of our longer-term will against our immediate cravings. Law can be our ally in this fashion without command-and-control intrusion into our private lives. Such intrusion is at odds with our core beliefs and unlikely to produce public health success. It is more likely to provoke popular backlash--one reason why some who stand to gain from our unhealthy dining choices try to cast government efforts to inform these …

No Safe Harbor And No Experimental Use: Is It Time For Compulsory Licensing Of Biotech Tools, Ruth E. Freeburg

Buffalo Law Review

No abstract provided.

Making Research A Requirement Of Treatment: Why We Should Sometimes Let Doctors Pressure Patients To Participate In Research, David Orentlicher

Scholarly Works

In this article, Professor David Orentlicher argues that when a patient could be offered one of multiple established treatments, doctors should be able to offer treatment only if the patient agrees to participate in research aimed at determining which of the treatments is most effective. Making treatment conditional on research participation will help researchers complete badly needed studies.

Incorporating Literature Into A Health Law Curriculum, Stacey A. Tovino

Scholarly Works

Literature has had a long relationship with medicine through literary images of disease, literary images of physicians and other healers, works of literature by physician-writers, and the use of literature as a method of active or passive healing. Literature also has had a long relationship with the law through literary images of various legal processes, lawyers, and judges, works for literature by lawyer-writers, and the use of literature as therapy. At last count, eighty-four law schools in the United States and Canada reported offering some variations of a “law and literature” course and recent scholarship demonstrates that literature increasingly is …

A Primer On The Law And Ethics Of Treatment, Research, And Public Policy In The Context Of Severe Traumatic Brain Injury, Stacey A. Tovino

Scholarly Works

From the 1976 case of Karen Ann Quinlan to the March, 20, 2004, statement of Pope John Paul II, physicians, lawyers, and theologians have struggled with the legal and ethical implications of treatment and public policy decisions in the context of devastating brain injury. Recent medical literature proposing an ethical framework for interventional cognitive neuroscience involving patients in states of minimal consciousness raises additional legal and ethical issues in the context of clinical research.

Using the Mathew Kosbob case as a point of departure, this article discusses the legal and ethical issues raised by treatment and research, as well as …

Confidentiality And Privacy Implications Of Functional Magnetic Resonance Imaging, Stacey A. Tovino

Scholarly Works

Advances in science and technology frequently raise new ethical, legal, and social issues, and developments in neuroscience and neuroimaging technology are no exception. Within the field of neuroethics, leading scientists, ethicists, and humanists are exploring the implications of efforts to image, study, treat, and enhance the human brain.

This article focuses on one aspect of neuroethics: the confidentiality and privacy implications of advances in functional magnetic resonance imaging (“fMRI”). Following a brief orientation to fMRI and an overview of some of its current and proposed uses, this article highlights key confidentiality and privacy issues raised by fMRI in the contexts …

Hospital Chaplaincy Under The Hipaa Privacy Rule: Health Care Or "Just Visiting The Sick?", Stacey A. Tovino

Scholarly Works

Approximately seventy-nine percent of Americans believe that praying can help people recover from illness, injury or disease, and nearly seventy-seven percent of American patients would like spiritual issues discussed as part of their care. Despite Americans' strong beliefs in the health-related benefits of religious and spiritual practices and traditions, the preamble to the federal Department of Health and Human Services' ("HHS") health information privacy rule (the "Privacy Rule") explains that health care "does not include methods of healing that are solely spiritual" (the "preamble"). The preamble concludes that, "clergy or other religious practitioners that provide solely religious healing services are …

Book Review: "The Birth Of Surrogacy In Israel", Stacey A. Tovino

Scholarly Works

Instead of analyzing Israel’s Surrogate Motherhood Agreements Act from a purely legal or theoretical perspective, D. Kelly Weisberg weaves individuals, events, and other factors into a fascinating story about the Israeli legislative process. A case in point: Weisberg begins by exploring the private lives of Rachel and Benjamin, the biological parents of twin babies carried by Sarah, the first surrogate moth to carry a baby under Israel’s surrogacy law. Weisberg also explores the story of Naomi and Dan, the biological parents of a baby boy carried by Hanna, the second surrogate mother to carry a baby under the legislation. Readers …

Book Review: "Jewish Biomedical Law: Legal And Extra-Legal Dimensions", Stacey A. Tovino

Scholarly Works

Three extra-legal themes—the influence of morality upon Jewish law (halakhah), the growing awareness and implementation of the value of patient autonomy, and the role of scientific progress in the shaping of halakhic decisions—distinguish Daniel Sinclair’s work from other sin the field of Jewish biomedical law. Students and lawyers new to Jewish biomedical law may struggle with Sinclair’s decision to reserve until the final chapter his theories regarding how biomedical halakhah works. However, advanced students and scholars in the field will appreciate the opportunity to understand Sinclair’s three extra-legal themes in context and his decision to root his final …

Book Review: "Introduction To Jewish And Catholic Bioethics: A Comparative Analysis", Stacey A. Tovino

Scholarly Works

Aaron Mackler’s agenda is to provide an orientation to ethical reasoning in the Roman Catholic and Jewish traditions, explore Roman Catholic and Jewish deliberations in five areas of bioethics, and identify and examine the traditions’ divergent and convergent methodologies. Mackler’s spirit is to learn more about his own religious traditions by studying the traditions of others. Accomplishing his agenda while remaining true to his spirit, Mackler shows just how much Jewish and Catholic thinkers can learn from one another.

Building Healthy Cities: Legal Frameworks And Considerations, Wendy Collins Perdue

Law Faculty Publications

This chapter will explore the range of laws and government policies that have shaped the physical structure of U.S. cities and thereby impacted the health of those cities' residents. This analysis will highlight the many, apparently "private" decisions that have been impacted by government policies. Though some of the laws, policies, prohibitions, and incentives have been formulated explicitly to take into account health considerations, others have unintended effects - both good and bad - on the health of urban populations.

The Impact Of Federal Tax Exemption Standards On Health Care Policy And Delivery, Douglas M. Mancino

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Health Care Joint Ventures Between Tax-Exempt Organizations And For-Profit Entities, Michael I. Sanders

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Do Fiduciary Duties Contained In Federal Tax Laws Effectively Promote National Health Care Policies And Practices ?, Nina J. Crimm

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Why So Glum ? Toward A Fair Balance Of Competitive Interests In Direct-To-Consumer Advertising And The Well-Being Of The Mentally Ill Consumers It Targets, Erin Lenhardt

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 15 Issue 2 (2005)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 15 Issue 2 (2005), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Ethical Concerns Related To Treating Gender Nonconformity In Childhood And Adolescence: Lessons From The Familyl Court Of Australia, Hazel Beh, Milton Diamond

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Dealing With Dying: How Insurers Can Help Patients Seeking Last-Chance Therapies (Even When The Answer Is "No"), Kathy L. Cerminara

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Refusal To Undergo A Cesarean Section: A Woman's Right Or A Criminal Act ?, Monica K. Miller

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Lessons To Be Learned From The 407 Process, Lainie Friedman Ross

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Bioethics Consultants: Corporate Reliance On A New Field Of Consultation, Kevin Schadick

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Letter: Letter To The Editors Of Health Matrix, Peter M. Sfikas

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Xxx-Files: Cal/Osha's Regulatory Response To Hiv In The Adult Film Industry, Christina Jordan

Cardozo Journal of Equal Rights & Social Justice

The note examines the challenges in regulating California's straight adult film industry following an HIV outbreak, highlighting tensions between the industry's resistance to regulation and CalOSHA's efforts to enforce workplace safety standards. It critiques the industry's reliance on self-regulation and explores the legal implications of determining whether performers are employees or independent contractors. The analysis underscores the potential public health consequences of inadequate oversight and the industry's threats to evade regulation by moving underground.

Medicare To Provide Preventive Care Services In 2005, Felisha L. Thomas

Public Interest Law Reporter

No abstract provided.

New Law Seeks To Treat The Mentally Ill, Reduce Crime, Suzanne Blaz

Public Interest Law Reporter

No abstract provided.

Hiv "Super-Strain" Scare Prompts Discussion Of New Approaches, Zachary Ziliak

Public Interest Law Reporter

No abstract provided.

Obesity Is An Epidemic, But Is It A Disability?, Suzanne Blaz

Public Interest Law Reporter

No abstract provided.

The End Of Azt Patent: A New Beginning Or Too Little Too Late?, Lindsay Frank

Public Interest Law Reporter

No abstract provided.