Health Law and Policy Commons^™

Masthead, Volume 17 Issue 2 (2007)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 17 Issue 2 (2007), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Confidentiality And Privacy In Health Care From The Patient's Perspective: Does Hippa Help, Ilene N. Moore, Samuel Leason Snyder, Cynthia Miller, Angel Qi An

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Link Between Fast Food And The Obesity Epidemic, Dustin A. Frazier

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Patient Safety And Quality Improvement Act Of 2005: Who Should Pay For Improved Outcomes, Robert A. Kerr

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Muddying The Waters: How The Supreme Court's Decision In Merck V. Integra Fails To Resolve Problems Of Judicial Interpretation Of 35 U.S.C. (Sec.) 271(E)(1), The "Safe Harbor" Provision Of The Hatch-Waxman Act, Michael Sertic

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Functional Neuroimaging And The Law: Trends And Directions For Future Scholarship, Stacey A. Tovino

Faculty Articles

Under the umbrella of the burgeoning neurotransdisciplines, scholars are using the principles and research methodologies of their primary and secondary fields to examine developments in neuroimaging, neuromodulation, and psychopharmacology. The path for advanced scholarship at the intersection of law and neuroscience may clear if work across the disciplines is collected and reviewed and outstanding and debated issues are identified and clarified. In this article, I organize, examine and refine a narrow class of burgeoning neurotransdiscipline scholarship; that is, scholarship at the interface of law and functional magnetic resonance imaging.

Psychiatric Restraint And Seclusion: Resisting Legislative Solution, Stacey A. Tovino

Faculty Articles

The use of restraint and seclusion in the American psychiatric setting has a rich history - rich in medical, ethical, legal, and social controversy. For centuries, mental health care providers used movement restrictions and solitary confinement to manage psychiatric patients. Superintendents of eighteenth and early nineteenth century insane asylums and other institutions of confinement believed that strait-waistcoats, "tranquilizer chairs," "maniac beds," chains, shackles, and "quiet rooms" deescalated agitation and promoted self-control. Reforms beginning in the nineteenth century helped make some psychiatric institutions more humane, in part because staff members were trained to find ways to calm potentially violent patients without …

Enhancing Drug Effectiveness And Efficacy Through Personal Injury Litigation, Anita Bernstein

Faculty Scholarship

No abstract provided.

Polluting Medical Judgment? False Assumptions In The Pursuit Of False Claims Regarding Off-Label Prescribing, Sandra H. Johnson

All Faculty Scholarship

Over half of the FDA-approved prescription medications taken by patients are prescribed for a different purpose, in a higher or lower dose, for a discrete population, or over a longer period of time than that for which the drug was approved. Safety and efficacy concerns attract the most attention; but critical benefits in fostering innovation and providing patients with medications that may be uniquely effective for them are often overlooked.

The current dominant public policy response to off-label prescribing addresses this practice as a particular breed of financial conflicts of interest in which pharmaceutical firms pollute medical judgment by appealing …

From Adulterous Gametes To Heterologous Nation: Tracing The Boundaries Of Reproduction In Italy, Milena Marchesi

Reconstruction: Studies in Contemporary Culture

This article traces discursive and political attempts to discipline the reproduction of the Italian nation by analyzing the approval of a controversial law disciplining access to new reproductive technologies (NRTs) in 2004. The restriction of new reproductive technologies in Italy reflects a contemporary re-negotiation of gender ideologies and a renewed ascendance of the Vatican in Italian politics and society. Although abortion remains legal in Italy, the NRT legislation recognizes the embryo as a subject while in political discourse demographic alarmism slides into warnings of social disintegration. The debate over the threat posed by technologically assisted reproduction to Italian families and …

The First Amendment And Diet Industry Advertising: How Puffery In Weight-Loss Advertisements Has Gone Too Far, Jennifer E. Gross

Journal of Law and Health

Stricter government regulations regarding commercial speech that promotes weight-loss or diet products should be considered for three reasons. First, studies have shown that diet industry advertising often makes weight loss claims that are scientifically impossible. Second, consumers have suffered adverse health effects as a result of trying weight-loss programs or diet products. Third, current FTC regulations are not curbing the problem. Part II of this note outlines the history of commercial speech and its protections under the First Amendment, along with the history of the rapidly expanding diet industry and its regulatory framework. Part II examines the three arguments in …

The Ailing Middle Class, Sarah Cohen

Public Interest Law Reporter

No abstract provided.

The Adolescent Health Care Safety Act: A New Approach To Parental Notice, Michelle Kaplan

Public Interest Law Reporter

No abstract provided.

Shifting Paradigms: From Relapse Prevention To Wellness, Robert E. Longo Lpc, Ncc

Public Interest Law Reporter

Today's youth present greater challenges than during any other time in recent history. The author proposes that "sex offending by youth is a symptom of a greater problem." Young people with sexual behavior problems and sexual aggression behaviors must be looked at from a holistic/ecological perspective as they may be subject to co-morbid diagnosis, traumatic histories that may have neuro-biological impact on the brain and brain development, and learning deficits and disabilities among other concerns. This article will briefly outline the current thinking about assessing youth with sexual behavior problems and youth who are sexually aggressive from both a sexual …

Youth Who Have Sexually Abused: Registration, Recidivism, And Risk, David Prescott

Public Interest Law Reporter

No abstract provided.

Juvenile Sex Offender Registration Laws In The United States: How The Adam Walsh Act Will Affect Juvenile Sex Offenders, Brittany I. Bohn Jd

Public Interest Law Reporter

No abstract provided.

Juvenile Sex Offenders: Past, Present, And Future?, Sara Howard, Colleen Morey

Public Interest Law Reporter

No abstract provided.

Judicial Review Of Arbitration Awards In The Fifth Circuit., Christopher D. Kratovil

St. Mary's Law Journal

In the wake of a defeat in arbitration, trial lawyers seek appellate counsel looking for some method to escape the arbitrator’s decision. Most leave such offices disappointed after having been informed arbitration awards will be set aside by the courts “only in very unusual circumstances.” The Federal Arbitration Act (FAA) fully endorses arbitration and liberally encourages its use as an alternative to traditional litigation. Consistent with Congress’ focus on speed, efficiency, and cost reduction, a critical goal of arbitration is to establish “finality” at the earliest possible point. Unfortunately, early finality is antithetical to robust appellate proceedings. Yet, the FAA …

The Storm Between The Quiet: Tumult In The Texas Supreme Court, 1911-21., Michael S. Ariens

St. Mary's Law Journal

The Texas Supreme Court from 1911–1921 is best known not for the law it made or the opinions it wrote, but for its failure to decide cases. Although the supreme court’s difficulty in clearing its docket existed before 1911, the number of outstanding cases exploded during the second decade of the twentieth century. Arguably, the issue of statewide prohibition and the divergent views held on that issue by members of the Texas Supreme Court was the driving force behind the disharmony and dysfunctionality of the court during this decade. Statewide prohibition explains why elections of candidates to the court were …

Setting The Limits In Texas Construction Law: A Look At The Surety's Limitations Under Indemnity Agreements And Equitable Subrogation Comment., John C. Warren

St. Mary's Law Journal

To clarify divergent case law, Texas courts should adopt good faith as the necessary standard governing indemnity agreements. Texas court decisions limiting settlement of bond claims by sureties can be split into three categories: (1) those cases where indemnity agreements fail to vest authority in the indemnitee to settle claims or require a good faith standard; (2) those expressly stating indemnitees have authority to settle claims in good faith; and (2) those expressly vesting a surety with exclusive rights to determine which bonded claims should be settled. Under the first line of cases courts apply common law indemnity principles requiring …

"Medicover": A Proposal For National Health Insurance, Maxwell J. Mehlman

Faculty Publications

This Article provides a description of the events leading up to the workshop, the discussion that took place, and the proposal that emerged. The proposal is intended to be a discussion document rather than a final product. It needs greater detail, a clearer sense of its costs and financing mechanisms, and input from stakeholders. Nevertheless, the workshop participants believe that Medicover may be a viable option for helping to solve the current health care crisis.

Discharge Planning For Mentally Ill Inmates In New York City Jails: A Critical Evaluation Of The Settlement Agreement Of Brad H. V. City Of New York, Doug Jones

Pace Law Review

No abstract provided.

Duty To Fill? Threats To Pharmacists’ Professional And Business Discretion, Erica L. Norey

NYLS Law Review

No abstract provided.

The Whole Is Not Always Greater Than The Sum Of Its Parts: A Call For Stricter Regulation Of Post-Mortem Human Tissue, Megan A. Scanlon

Richmond Journal of Law and the Public Interest

This paper examines the current law and urges the greater regulation of the post-mortem human tissue industry. Part II illustrates the many post-mortem uses of the human body. Part III describes several post-mortem misuses and abuses of donor cadavers, organs and tissue resulting from a gap in current regulation. Part IV lays out the entities involved in the oversight of the tissue banking industry and explains the current state of regulation, including pending legislation and its potential effectiveness in addressing past shortcomings. Part V examines why the current and pending legislation does not adequately address the industry problems and urges …

Functional Neuroimaging Information: A Case For Neuro Exceptionalism, Stacey A. Tovino

Faculty Articles

Functional magnetic resonance imaging (fMRI) has built on a number of technologies, including electroencephalography, magnetoencephalography, positron emission tomography, and single-photon emission computed tomography, to become one of the decade's most powerful tools for mapping sensory, motor, and cognitive function. Scientists also are using fMRI to study the neural correlates of a range of conditions, characteristics, and social behaviors, including schizophrenia, addiction, racial evaluation, deception, cooperation, and sexual preferences. Now poised to move outside the research context, functional neuroimaging raises a number of confidentiality, privacy, and identity issues. In this Article, I examine whether special, or heightened, confidentiality, privacy, and informed …

Foreword: The Politics Of Health Law: Any Tipping Points In View?, Frances H. Miller

Faculty Scholarship

Malcolm Gladwell explored the way certain ideas and behaviors can proliferate "just like viruses do" once they achieve a critical mass in The Tipping Point,' his best-seller about the sorts of widespread and rapidly adopted social phenomena he labels epidemics. Gladwell's subtitle, "How Little Things Can Make a Big Difference," indicates that he thinks it need not take much to get one of these social epidemics rolling. He does believe, however, that three factors are essential: getting "people with a particular and rare set of social gifts" involved,² packaging the ideas so they are "irresistible" under the circumstances, ^{3 …}

The Supreme Court And Abortion Rights, George J. Annas

Faculty Scholarship

Since the Supreme Court's landmark 1973 abortion-rights decision in Roe v. Wade, the law has taken the lead in defining the contours of the continuing public debate over reproductive liberty. Ever since then, abortion opponents have tried to make abortion more burdensome by limiting Roe, and these continuing challenges are the reason there have been so many Supreme Court decisions about abortion, including the Court's 1992 decision in Planned Parenthood of Southeastern Pennsylvania v. Casey, which unexpectedly reaffirmed the core of Roe.

Governing Catastrophes: Security, Health And Humanitarian Assistance, David P. Fidler

Articles by Maurer Faculty

Recent catastrophes, and predictions of an increasing potential for more, have stimulated thinking about the best policy responses to these threats. This article explores how security concepts influence catastrophe governance. The article considers how globalization affects thinking about catastrophes and describes ways in which catastrophes have been conceptualized as governance challenges, such as the human rights approach to the provision of health and humanitarian assistance. The article explains how health and humanitarian assistance experienced ‘‘securitization’’ in the post-cold war period, a development that challenges rights-based strategies and creates complex and controversial implications for the prevention, protection and response functions of …

Reflections On The Revolution In Health And Foreign Policy, David P. Fidler

Articles by Maurer Faculty

No abstract provided.