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Health Law and Policy Commons

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2008

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Institution
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Articles 91 - 120 of 322

Full-Text Articles in Health Law and Policy

Addressing The Global Tragedy Of Needless Pain: Rethinking The United Nations Single Convention On Narcotic Drugs, Allyn L. Taylor Jan 2008

Addressing The Global Tragedy Of Needless Pain: Rethinking The United Nations Single Convention On Narcotic Drugs, Allyn L. Taylor

O'Neill Institute Papers

The lack of medical availability of effective pain medication is an enduring and expanding global health calamity. Despite important medical advances, pain remains severely under-treated worldwide, particularly in developing countries. This article contributes to the discussion of this global health crisis by considering international legal and institutional mechanisms to promote wider accessibility to critical narcotic drugs for pain relief.


Tales From The Crypt: Scientific, Ethical, And Legal Considerations For Biohistorical Analysis Of Deceased Historical Figures, Lori B. Andrews, Jordan K. Paradise Jan 2008

Tales From The Crypt: Scientific, Ethical, And Legal Considerations For Biohistorical Analysis Of Deceased Historical Figures, Lori B. Andrews, Jordan K. Paradise

All Faculty Scholarship

Biohistorical analysis involves using historic specimens of human remains or human material extracted or derived from historical artifacts to gather evidence about specimens that are identifiable or at least attributed to a historic figure at the time of the research. Biohistorical studies are being undertaken for myriad reasons, such as identification and authentication of remains, investigation into alleged criminal behavior, investigation into medical or psychological conditions, and even for purposes of commercialization. This article analyzes federal statutes, case law, and codes and guidelines from twenty-six professional organizations and societies informative to the field of biohistory. We surveyed the field, identified …


The Emergency Medical Treatment And Active Labor Act And Sources Of Funding, Mogran Greenspon Jan 2008

The Emergency Medical Treatment And Active Labor Act And Sources Of Funding, Mogran Greenspon

Annals of Health Law and Life Sciences

No abstract provided.


The Role And Legal Status Of Health Care Ethics Committees In The United States, Diane E. Hoffmann, Anita J. Tarzian Jan 2008

The Role And Legal Status Of Health Care Ethics Committees In The United States, Diane E. Hoffmann, Anita J. Tarzian

Faculty Scholarship

Over a quarter of a century has passed since health care ethics committees (HCECs) in the United States received legal recognition as alternatives to the courts in resolving conflicts related to patient end-of-life care. By the mid to late 1980s HCECs had been established in over half of U.S. hospitals and had received a certain legitimacy in the health care system. Given their age and growth one could characterize them developmentally as emerging from adolescence and establishing themselves in young adult-hood. As a result, we might expect that they would have resolved the identify crisis characterizing the adolescent years. Yet, …


Achieving Quality And Responding To Consumers - The Medicare Beneficiary Complaint Process: Who Should Respond?, Diane E. Hoffmann, Virginia Rowthorn Jan 2008

Achieving Quality And Responding To Consumers - The Medicare Beneficiary Complaint Process: Who Should Respond?, Diane E. Hoffmann, Virginia Rowthorn

Faculty Scholarship

No abstract provided.


Are Health Care Conflicts All That Different? A Contrarian View, Diane E. Hoffmann Jan 2008

Are Health Care Conflicts All That Different? A Contrarian View, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.


Treating Pain V. Reducing Drug Diversion And Abuse: Recalibrating The Balance In Our Drug Control Laws And Policies, Diane E. Hoffmann Jan 2008

Treating Pain V. Reducing Drug Diversion And Abuse: Recalibrating The Balance In Our Drug Control Laws And Policies, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.


Law & Health Care Newsletter, V. 16, No. 1, Fall 2008 Jan 2008

Law & Health Care Newsletter, V. 16, No. 1, Fall 2008

Law & Health Care Newsletter

No abstract provided.


Law & Health Care Newsletter, V. 15, No. 2, Spring 2008 Jan 2008

Law & Health Care Newsletter, V. 15, No. 2, Spring 2008

Law & Health Care Newsletter

No abstract provided.


Global Health Care Financing Law: A Useful Concept?, Timothy Stoltzfus Jost Jan 2008

Global Health Care Financing Law: A Useful Concept?, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.


Is Health Insurance A Bad Idea? The Consumer-Driven Perspective, Timothy Stoltzfus Jost Jan 2008

Is Health Insurance A Bad Idea? The Consumer-Driven Perspective, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.


Suicide On Campus: The Appropriate Legal Responsibility Of College Personnel, Ann Maclean Massie Jan 2008

Suicide On Campus: The Appropriate Legal Responsibility Of College Personnel, Ann Maclean Massie

Scholarly Articles

No abstract provided.


High-Deductible Health Plans: Litigation Hazards For Health Insurers, E. Haavi Morreim Jan 2008

High-Deductible Health Plans: Litigation Hazards For Health Insurers, E. Haavi Morreim

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Transcribed Speech Of Robert Earley, Robert Earley Jan 2008

Transcribed Speech Of Robert Earley, Robert Earley

Annals of Health Law and Life Sciences

No abstract provided.


Transcribed Speech Of Sonal Ambegaokar, Sonal Ambegaokar Jan 2008

Transcribed Speech Of Sonal Ambegaokar, Sonal Ambegaokar

Annals of Health Law and Life Sciences

No abstract provided.


Reinventing Eugenics: Reproductive Choice And Law Reform After World War Ii, Mary Ziegler Jan 2008

Reinventing Eugenics: Reproductive Choice And Law Reform After World War Ii, Mary Ziegler

Scholarly Publications

No abstract provided.


Combating The Unfair Competitive Edge: Random Drug Testing Should Be Implemented In Standardized Testing To Deter Illicit And Unfair Use Of Prescription Stimulants, Shawn Romer Jan 2008

Combating The Unfair Competitive Edge: Random Drug Testing Should Be Implemented In Standardized Testing To Deter Illicit And Unfair Use Of Prescription Stimulants, Shawn Romer

Journal of Law and Health

This note will first give an overview of prescription stimulants and will then explore the prevalent number of students who illicitly take prescription stimulants to enhance their academic performance. A description of how illicit use can be harmful to a student follows, and thereafter the note describes the scant current safeguards that currently exist against the use of illicit prescription stimulants. An explanation of the importance of standardized test scores to admissions follows, along with a description of how this importance has motivated students to seek an unfair competitive edge through illicit drug usage, which happens in many sporting competitions. …


A Philosophy Of Privatization: Rationing Health Care Through The Medicare Modernization Act Of 2003, Eleanor Bhat Sorresso Jan 2008

A Philosophy Of Privatization: Rationing Health Care Through The Medicare Modernization Act Of 2003, Eleanor Bhat Sorresso

Journal of Law and Health

The trend in coping with these rising Medicare costs has been to increase the role that private insurance plays in providing coverage for Medicare recipients. Much of this movement towards an increased "privatization" of Medicare has been born of the belief that the private sector of health care insurance coverage has been made more efficient by existing market forces and will provide a way to both continue providing health care to elderly Americans while containing Medicare costs through these increased efficiencies as exemplified through the managed care model. This premise will be further explored in this article. First, this article …


From The Mayflower To Border Patrols: Who Deserves Access To Health Care In The United States: An Introduction, Ruqaiijah Yearby Jan 2008

From The Mayflower To Border Patrols: Who Deserves Access To Health Care In The United States: An Introduction, Ruqaiijah Yearby

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Annals Of Health Law Jan 2008

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Maura Ward, Lawrence Singer, John Blum Jan 2008

Foreword, Maura Ward, Lawrence Singer, John Blum

Annals of Health Law and Life Sciences

No abstract provided.


Whose Business Is Your Pancreas? Potential Privacy Problems In New York City's Mandatory Diabetes Registry, Harold J. Krent, Nicholas Gingo, Monica Kapp, Rachel Moran, Mary Neal, Meghan Paulas, Puneet Sarna, Sarah Suma Jan 2008

Whose Business Is Your Pancreas? Potential Privacy Problems In New York City's Mandatory Diabetes Registry, Harold J. Krent, Nicholas Gingo, Monica Kapp, Rachel Moran, Mary Neal, Meghan Paulas, Puneet Sarna, Sarah Suma

Annals of Health Law and Life Sciences

This article examines a recent New York City health regulation that mandates the compilation and storage of individual medical data from nearly all diabetics in a centralized registry. The authors distinguish this novel registry from prior health registries and scrutinize its potential to compromise individual privacy. In order to address privacy and other concerns, the authors offer suggestions for changes to the current statutory framework of the registry that will also be useful when considering the creation of similar public health registries in other cities.


Tax Policy As A Lifeline: Encouraging Blood And Organ Donation Through Tax Credits, Joseph B. Clamon Jan 2008

Tax Policy As A Lifeline: Encouraging Blood And Organ Donation Through Tax Credits, Joseph B. Clamon

Annals of Health Law and Life Sciences

This article, the second concerning the organ donation crisis, proposes the use of tax policy to encourage blood and organ donation. After critiquing the ethical and logistical problems posed by other commercial and non-commercial solutions, the author demonstrates how tax credits can be used as an effective and ethical solution to address the shortage of donors. The author also offers two model statutes that provide guidance as to how a nonrefundable tax credit for blood and organ donation might operate in the tax code.


The Jurisdictional Bar Provision: Who Is An Appropriate Relator?, Carolyn V. Metnick Jan 2008

The Jurisdictional Bar Provision: Who Is An Appropriate Relator?, Carolyn V. Metnick

Annals of Health Law and Life Sciences

After explaining the role of the qui tam litigation and demonstrating its importance to fighting Medicare fraud and abuse, this article provides a detailed explanation of various court interpretations of the jurisdictional bar provision of the False Claims Act, a common and contentious statutory pitfall for qui tam litigators. The author provides a thorough evaluation of the law among different circuits to assist litigators in choosing favorable jurisdictions to increase their likelihood of success.


Patenting Medical Devices: The Economic Implications Of Ethically Motivated Reform, Kristen Nugent Jan 2008

Patenting Medical Devices: The Economic Implications Of Ethically Motivated Reform, Kristen Nugent

Annals of Health Law and Life Sciences

This article explores whether the current patent system strikes the optimal balance between providing incentives to inventors to bring new medical devices to the marketplace and promoting public health by ensuring that these medical devices are widely available at a reasonable price. After providing an overview of the relationship of patent law to medical devices, the author explains how ethical and economic considerations suggest the need for an alternative patent system for medical devices and notes the difficulties with this proposal. The author concludes that a combination of alternatives to the current system most equitably account for the interests and …


"Body Property": Challenging The Ethical Barriers In Organ Transplantation To Protect Individual Autonomy, Charles C. Dunham Iv Jan 2008

"Body Property": Challenging The Ethical Barriers In Organ Transplantation To Protect Individual Autonomy, Charles C. Dunham Iv

Annals of Health Law and Life Sciences

One of two articles related to the current organ shortage, this article advocates the need for legislation to recognize organs and tissues separated from the body as a distinct category of personal property. After addressing the legislative history of organ procurement and psychological barriers to donor consent, the article examines the importance of separating the lifetime rights of ownership in our own bodies from postmortem rights. Ultimately, the author proposes a futures market approach to this problem in which individuals before death, or surviving family members after death, are permitted sell the decedent's organs in a private contract.


Table Of Contents, Annals Of Health Law Jan 2008

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Immigrant Access To Health Care And Public Health: An International Perspective, Sana Loue Jan 2008

Immigrant Access To Health Care And Public Health: An International Perspective, Sana Loue

Annals of Health Law and Life Sciences

This article considers the extent of international migration and associated concerns for the public health and advocates for an international perspective on the provision of health care to migrants. After discussing factors affecting the health of immigrants and exploring the role of public health, this article focuses on immigrant access to health care and specifically addresses the relationships between legal status, financial resources for health care, and access to care from such an international perspective. The author concludes that the failure to address immigrant health care in this larger international context ultimately impacts not only the individual immigrants, but their …


Emergency? How The Federal Focus On Emergency Care Shifts The Cost Of Immigrant Healthcare To Public Hospitals, Angela Epolito Jan 2008

Emergency? How The Federal Focus On Emergency Care Shifts The Cost Of Immigrant Healthcare To Public Hospitals, Angela Epolito

Annals of Health Law and Life Sciences

No abstract provided.


The Immigrant Health Care Narrative And What It Tells Us About The U.S. Health Care System, Brietta R. Clark Jan 2008

The Immigrant Health Care Narrative And What It Tells Us About The U.S. Health Care System, Brietta R. Clark

Annals of Health Law and Life Sciences

This article examines the political, legal, and popular discourse in favor of and against healthcare benefit restrictions for immigrants. The author explains how this discourse creates narratives of immigrants' character and relationship to the rest of society. These narratives influence our perception of immigrants and their effect on society, and this perception, in turn, seems to influence the policies enacted to regulate immigrants and immigration. However, the author points out that immigrant-specific discourse or advocacy will not solve the fundamental problems of immigrant access to care and can serve to reinforce, rather than challenge, the fundamental defects of our health …