Open Access. Powered by Scholars. Published by Universities.®

Health Law and Policy Commons

Open Access. Powered by Scholars. Published by Universities.®

2009

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 211 - 240 of 324

Full-Text Articles in Health Law and Policy

Evaluating The Impact Of Remedial Authority: Adjudicative Tribunals In The Health Sector, Lorne Sossin, Steven J. Hoffman Jan 2009

Evaluating The Impact Of Remedial Authority: Adjudicative Tribunals In The Health Sector, Lorne Sossin, Steven J. Hoffman

Articles & Book Chapters

Adjudicative tribunals play an important role in the health sector yet their actual influence, as part of the health system remains undetermined, Most of the studies that have evaluated their work have focused on measures of accountability and independence, rather than the indicators of societal impact. As efforts to reform health systems continue internationally, it is crucial that we understand the benefits and costs of adjudicative tribunals for providers and consumers of heath. In this regard, empirically evaluating the impact of adjudicative tribunals will help inform policymaking through the collection of objective data. A strong and accountable health care system …


Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith Jan 2009

Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith

Campbell Law Review

No abstract provided.


Volume 19 Issue 1 (2009), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2009

Volume 19 Issue 1 (2009), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Ghost In Our Genes: Legal And Ethical Implications Of Epigenetics, Mark A. Rothstein, Yu Cai, Gary E. Marchant Jan 2009

The Ghost In Our Genes: Legal And Ethical Implications Of Epigenetics, Mark A. Rothstein, Yu Cai, Gary E. Marchant

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Advancing Civil Rights, The Next Generation: The Genetic Information Nondiscrimination Act Of 2008 And Beyond, Morse Hyun-Myung Tan Jan 2009

Advancing Civil Rights, The Next Generation: The Genetic Information Nondiscrimination Act Of 2008 And Beyond, Morse Hyun-Myung Tan

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Proceedings: Newborn Screening For Nontreatable Disorders -- Introduction, Maxwell J. Mehlman Jan 2009

Proceedings: Newborn Screening For Nontreatable Disorders -- Introduction, Maxwell J. Mehlman

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Blurred Distinction Between Treatable And Untreatable Conditions In Newborn Screening, Donald B. Bailey Jr. Jan 2009

The Blurred Distinction Between Treatable And Untreatable Conditions In Newborn Screening, Donald B. Bailey Jr.

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Systems To Determine Treatment Effectiveness In Newborn Screening, R. Rodney Howell Jan 2009

Systems To Determine Treatment Effectiveness In Newborn Screening, R. Rodney Howell

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Assessing The New Criteria For Newborn Screening, Jeffrey R. Botkin Jan 2009

Assessing The New Criteria For Newborn Screening, Jeffrey R. Botkin

Health Matrix: The Journal of Law-Medicine

No abstract provided.


On Treatability: Considerations Of Treatment In Context Of Newborn Screening, Marvin R. Natowicz, Shlomit Zuckerman Jan 2009

On Treatability: Considerations Of Treatment In Context Of Newborn Screening, Marvin R. Natowicz, Shlomit Zuckerman

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Expanding Access To Investigational Drugs For Treatment Use: A Policy Analysis And Legislative Proposal, Austin Winniford Jan 2009

Expanding Access To Investigational Drugs For Treatment Use: A Policy Analysis And Legislative Proposal, Austin Winniford

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Assisted Outpatient Treatment In Ohio: Is Jason's Law Life-Saving Legislation Or A Rash Response?, Steven Strang Jan 2009

Assisted Outpatient Treatment In Ohio: Is Jason's Law Life-Saving Legislation Or A Rash Response?, Steven Strang

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Masthead, Volume 19 Issue 2 (2009) Jan 2009

Masthead, Volume 19 Issue 2 (2009)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 19 Issue 2 (2009), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2009

Volume 19 Issue 2 (2009), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Medical Malpractice And New Devices: Defining An Elusive Standard Of Care, Michael D. Greenberg Jan 2009

Medical Malpractice And New Devices: Defining An Elusive Standard Of Care, Michael D. Greenberg

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Keeping Doctors Out Of The Interrogation Room: A New Ethical Obligation That Requires The Backing Of The Law, Ayham Bahnassi Jan 2009

Keeping Doctors Out Of The Interrogation Room: A New Ethical Obligation That Requires The Backing Of The Law, Ayham Bahnassi

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Inmate Access To Elective Abortion: Social Policy, Medicine And The Law, Angela Thomas Jan 2009

Inmate Access To Elective Abortion: Social Policy, Medicine And The Law, Angela Thomas

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Redefining Motherhood: Discrimination In Legal Parenthood In Japan, Rachel Brehm King Jan 2009

Redefining Motherhood: Discrimination In Legal Parenthood In Japan, Rachel Brehm King

Washington International Law Journal

Due to Japan’s decreasing population numbers and low birth rate, the country’s legal forces and social norms put tremendous pressure on women to have children. To meet these expectations, Japanese women frequently turn to new forms of medical assistance called Assisted Reproductive Technology (“ART”) to increase their ability to become mothers. ART includes such procedures as artificial insemination, in vitro fertilization, and surrogacy. Although several of these methods are accepted by Japanese law and society, other forms of ART, including certain forms of artificial insemination and surrogacy, are strongly disapproved. Japan’s current legal framework prevents women from accessing the full …


The Baby Doe Rules And Texas’S 'Futility Law' In The Nicu, Thomas Wm. Mayo Jan 2009

The Baby Doe Rules And Texas’S 'Futility Law' In The Nicu, Thomas Wm. Mayo

Faculty Journal Articles and Book Chapters

The applicability in the NICU of the futility provision of Texas's Advance Directives Act and its relationship to the Baby Doe rules are reasonably straightforward. Nonetheless, many comments have been written about Texas's so-called “futility law,” some of them complimentary and others, not so much. The most serious critiques of the Texas futility provision, however, are based upon assumptions that result from a fundamental misreading of the law. After a brief discussion of the futility provision and its principal features, this Essay examines the misunderstandings that plague many critiques of the law and then offers a list of proposed amendments …


Three Ways Of Looking At A Health Law And Literature Class, Jennifer S. Bard, Thomas Wm. Mayo, Stacey A. Tovino Jan 2009

Three Ways Of Looking At A Health Law And Literature Class, Jennifer S. Bard, Thomas Wm. Mayo, Stacey A. Tovino

Faculty Journal Articles and Book Chapters

The authors of this Article participated in a panel at the American Society of Law, Ethics & Medicine Conference in 2008 that discussed the use of literary materials in law school to teach medical ethics (and related matters) in a law school setting. Each author comes at the topic from a different perspective based on his or her own experience and background. This Article and the panel on which it was based reflect views on how literature can play a valuable role in helping law students, as well as medical students, understand important legal and ethical issues and concepts in …


Neuroscience And Health Law: An Integrative Approach?, Stacey A. Tovino Jan 2009

Neuroscience And Health Law: An Integrative Approach?, Stacey A. Tovino

Faculty Articles

Clinicians and scientists use functional magnetic resonance imaging (fMRI) to map sensory, motor, and cognitive function and to study the neural correlates of a range of physical and mental conditions, behaviors, characteristics, and preferences. Due to its move outside the clinical and research contexts, fMRI raises a number of ethical, legal, and social issues that are being examined within the overlapping fields of neuroethics and neurolaw. The early neuroethics and neurolaw scholarship focused heavily on the implications of fMRI for evidence law, criminal law, criminal procedure, and constitutional law. Little attention has been paid, however, to the implications of advances …


Remarks: Neuroscience, Gender, And The Law, Stacey A. Tovino Jan 2009

Remarks: Neuroscience, Gender, And The Law, Stacey A. Tovino

Faculty Articles

These remarks, delivered at the Neuroscience, Law, and Government Symposium held at the University of Akron School of Law in 2009, explore how stakeholders are using advances in the neuroscience of three gender-specific and gender-prevalent conditions (the postpartum mood disorders, premenstrual dysphoric disorder, and eating disorders) to secure health care benefits under group health plans and individual health insurance policies and to push for the inclusion of these conditions in mental health parity legislation.


Lesbians, Gays, And People Living With Hiv: Facing And Fighting Barriers To Assisted Reproduction, Bebe J. Anderson Jan 2009

Lesbians, Gays, And People Living With Hiv: Facing And Fighting Barriers To Assisted Reproduction, Bebe J. Anderson

Cardozo Journal of Equal Rights & Social Justice

Numerous discriminatory barriers limit the ability of gays, lesbians, and people living with HIV to participate in assisted reproduction. Many of these barriers are created by laws and regulations, such as state laws criminalizing sperm donation by people living with HIV, and insurance regulations that are interpreted to limit infertility coverage to persons who have engaged in unprotected heterosexual intercourse that has not resulted in pregnancy. Other barriers are rooted in policies or practices of individual entities or individuals. For example, a gay man in Florida and a lesbian in California denied fertility services due to their sexual orientation have …


The Role Of Litigation In Combating Obesity Among Poor Urban Minority Youth: A Critical Analysis Of Pelman V. Mcdonald's Corp., Ashley B. Antler Jan 2009

The Role Of Litigation In Combating Obesity Among Poor Urban Minority Youth: A Critical Analysis Of Pelman V. Mcdonald's Corp., Ashley B. Antler

Cardozo Journal of Equal Rights & Social Justice

The note argues that litigation, particularly when focused on low-income urban minority youth, could serve as a strategic tool to address childhood obesity by reframing the issue and catalyzing policy and industry change. It critiques the Pelman v. McDonald's Corp. lawsuit for failing to address the socioeconomic and racial disparities underlying obesity rates, thereby missing an opportunity to advance meaningful solutions. The analysis suggests that public health litigation, when strategically framed, can complement broader advocacy efforts and push for environmental changes to combat the obesity epidemic.


Can State Health Reform Initiatives Achieve Universal Coverage: Lessons From California’S Recent Failed Experiment, Susan A. Channick Jan 2009

Can State Health Reform Initiatives Achieve Universal Coverage: Lessons From California’S Recent Failed Experiment, Susan A. Channick

Faculty Scholarship

This article is about the struggle toward health care reform. It looks at the mandated health care insurance model as well as the experiences of Massachusetts and California.


Physician Peer Review Immunity: Time To Euthanize A Fatally Flawed Policy, Charles R. Koepke M.D. Jan 2009

Physician Peer Review Immunity: Time To Euthanize A Fatally Flawed Policy, Charles R. Koepke M.D.

Journal of Law and Health

Dr. X is a young, charismatic, board-certified surgeon at the local hospital. While popular among her patients and non-surgical colleagues, to the established surgical "Old Guard," she appears somewhat of a threat. Her training in new advanced techniques, coupled with splendid bedside manner, has caused her practice to become quite busy. However, disruption in some well-established referral patterns has occurred, and business has been siphoned away from her older colleagues. . . . This hypothetical - but not uncommonly recurring - fact pattern demonstrates the destruction of a promising medical career, elimination of competition, promotion of status quo cronyism, and …


Hiv Testing In State Correctional Systems, James Lee Pope Jan 2009

Hiv Testing In State Correctional Systems, James Lee Pope

Journal of Law and Health

In recent years, reports have surfaced that the prevalance of acquired immunodeficiency syndrome (AIDS) and human immunodeficiency virus (HIV) within U.S. prison systems is three to five times higher than that of the general population. These reports, combined with the release of new HIV testing guidelines by the Centers for Disease Control (CDC) in 2006, have caused many states to change their laws and policies regarding HIV testing in state correctional facilities. This report briefly discusses some of the issues related to HIV testing within state correctional facilities. This report also discusses the methods of HIV testing currently used in …


Dying To Wait: How The Abigail Court Got It Wrong, Juan Joel Tovanche Jan 2009

Dying To Wait: How The Abigail Court Got It Wrong, Juan Joel Tovanche

Journal of Law and Health

At age twenty-one, Abigail Kathleen Burroughs met a fate usually reserved for aged men who have spent much of their lives drinking and smoking. Diagnosed with cancer at nineteen, Abigail battled the squamous cell carcinoma that invaded her body even as she struggled to maintain her characteristic optimism. Abigail struggled with more than her illness, however. In the last years of her life, Abigail and her family also wrestled with Food and Drug Administration (FDA) regulations that denied her access to medication that could have saved her life. The policy at issue was the FDA's practice of progressive testing, which …


To Pay Or Not To Pay: Medicare And The Preventable Adverse Event: A Rational Decision Of Dangerous Philosophical Change, Amy J. Chaho M.D. Jan 2009

To Pay Or Not To Pay: Medicare And The Preventable Adverse Event: A Rational Decision Of Dangerous Philosophical Change, Amy J. Chaho M.D.

Journal of Law and Health

The proposed Medicare reimbursement schedule intended to become effective in October 2008 represents a drastic change to the traditional policy of payment for needed services. The proposal mandates that certain preventable adverse events should not be reimbursed. This spending scheme is intended to improve quality while decreasing cost to the Medicare system. The goals of the spending scheme are laudable. Quality improvement, when used to improve the health, safety and general welfare of the intended patient beneficiary of the Medicare program, is a rational and compelling government interest that warrants coercive use of authorized spending power. This beneficial interest may …


Regional Health Information Organizations: Lower Health Care Costs, Fewer Iatrogenic Illnesses, And Improved Care - What Are We Waiting For, Angela Ferneding Jan 2009

Regional Health Information Organizations: Lower Health Care Costs, Fewer Iatrogenic Illnesses, And Improved Care - What Are We Waiting For, Angela Ferneding

Journal of Law and Health

Rising health care costs have a significant impact on our economy, and medical errors pose a meaningful and costly risk to health care consumers. The adoption of information technology, including the implementation of RHIOs (Regional Health Information Organizations) and electronic medical record systems, is critical to addressing these issues. Although President Bush's vision of a NHIN (National Health Information Network)is a positive first step in governmental involvement, Congress must address the biggest challenge health care providers cite in implementing information technology: the lack of funding. The national government must demonstrate its commitment to reducing costs and improving care by committing …