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Articles 481 - 510 of 634
Full-Text Articles in Health Law and Policy
The Ethics Of Representing Clients With Limited Competency In Guardianship Proceedings, Henry Dlugacz, Christopher Winner
The Ethics Of Representing Clients With Limited Competency In Guardianship Proceedings, Henry Dlugacz, Christopher Winner
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Skeletons In The Family Medical Closet: Access Of Personal Representatives To Interoperable Medical Records, Leslie P. Francis
Skeletons In The Family Medical Closet: Access Of Personal Representatives To Interoperable Medical Records, Leslie P. Francis
Saint Louis University Journal of Health Law & Policy
No abstract provided.
New Governance In Action: Community Health Centers And The Public Health Service Act, Yolonda Campbell
New Governance In Action: Community Health Centers And The Public Health Service Act, Yolonda Campbell
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Abdullahi V. Pfizer & The Alien Tort Statute: Kicking Open A Door Left Slightly Ajar By Sosa V. Alvarez-Machain, Tiffany A. Hetland
Abdullahi V. Pfizer & The Alien Tort Statute: Kicking Open A Door Left Slightly Ajar By Sosa V. Alvarez-Machain, Tiffany A. Hetland
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Table Of Contents
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Implementing The Affordable Care Act, Sidney D. Watson
Implementing The Affordable Care Act, Sidney D. Watson
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Making Health Markets Work Better Through Targeted Doses Of Competition, Regulation, And Collaboration, Len M. Nichols
Making Health Markets Work Better Through Targeted Doses Of Competition, Regulation, And Collaboration, Len M. Nichols
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Loopholes In The Affordable Care Act: Regulatory Gaps And Border Crossing Techniques And How To Address Them, Timothy Stoltzfus Jost
Loopholes In The Affordable Care Act: Regulatory Gaps And Border Crossing Techniques And How To Address Them, Timothy Stoltzfus Jost
Saint Louis University Journal of Health Law & Policy
No abstract provided.
The Aca, The Large Group Market, And Content Regulation: What’S A State To Do?, Amy B. Monahan
The Aca, The Large Group Market, And Content Regulation: What’S A State To Do?, Amy B. Monahan
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Creating Multi-State Qualified Health Plans In Health Insurance Exchanges: Lessons For Rural And Urban America From The Federal Employees Health Benefits Program, Sidney D. Watson, Yolonda Campbell, Timothy Mcbride
Creating Multi-State Qualified Health Plans In Health Insurance Exchanges: Lessons For Rural And Urban America From The Federal Employees Health Benefits Program, Sidney D. Watson, Yolonda Campbell, Timothy Mcbride
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Rethinking Medicaid In The New Normal, Sara Rosenbaum, Benjamin D. Sommers
Rethinking Medicaid In The New Normal, Sara Rosenbaum, Benjamin D. Sommers
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Public Options: The Need For Long-Term Care, Its Costs, And Government’S Attempts To Address Them, Alexander N. Daskalakis
Public Options: The Need For Long-Term Care, Its Costs, And Government’S Attempts To Address Them, Alexander N. Daskalakis
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Regulatory Barriers When Implementing E-Prescribing Of Controlled Substances: Could Model Language Be The Solution?, Charles S. Hartig
Regulatory Barriers When Implementing E-Prescribing Of Controlled Substances: Could Model Language Be The Solution?, Charles S. Hartig
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Higher First Amendment Hurdles For Public Health Regulation, Kevin Outterson
Higher First Amendment Hurdles For Public Health Regulation, Kevin Outterson
Faculty Scholarship
In 2007, Vermont enacted the Prescription Confidentiality Law, prohibiting pharmacies from selling “prescriber-identifiable” prescription information to data-mining companies such as IMS Health and Verispan. These companies aggregate such data and sell them to many groups, including drug companies, so when drug sales representatives visit a physician, they can know exactly what prescriptions the physician has written.
Smoking And The First Amendment, Kevin Outterson
Smoking And The First Amendment, Kevin Outterson
Faculty Scholarship
On June 22, 2009, President Barack Obama signed the Family Smoking Prevention and Tobacco Control Act into law. For the first time, Congress had given the Food and Drug Administration (FDA) authority to directly regulate tobacco products, with the aim of improving public health. And indeed, effective tobacco control would be a remarkable public health achievement — and might be possible if the law is allowed to stand. But on November 7, 2011, a federal judge in Washington, D.C., issued a preliminary injunction blocking some of its key provisions as unconstitutional restrictions on commercial speech, and the battle seems likely …
Feminism, Power, And Sex Work In The Context Of Hiv/Aids: Consequences For Women's Health, Aziza Ahmed
Feminism, Power, And Sex Work In The Context Of Hiv/Aids: Consequences For Women's Health, Aziza Ahmed
Faculty Scholarship
This paper examines the involvement of feminists in approaches to sex work in the context of HIV/AIDS. The paper focuses on two moments where feminist disagreement produced results in favor of an "anti-trafficking" approach to addressing the vulnerability of sex workers in the context of HIV. The first is the UNAIDS Guidance Note on Sex Work and the second is the "anti-prostitution pledge" found in the Presidents Emergency Plan for AIDS Relief. This article also examines the anti-sex work position articulated by abolitionist feminists and demonstrates the unintended consequences of the abolitionist position on women's health. By examining the actual …
The Freedom Of Health, Abigail Moncrieff
The Freedom Of Health, Abigail Moncrieff
Faculty Scholarship
What would have happened if the Patient Protection and Affordable Care Act (PPACA) really had authorized government “death panels” that would decide whether an elderly patient could get treatment? Leaving aside commerce clause and other constraints particular to Congress, would that kind of direct healthcare rationing be a constitutional exercise of governmental power in the United States? I think not. I argue here that an emergent substantive due process constraint would invalidate such an exercise; direct rationing of that kind would violate a constitutional “freedom of health” that is nascent in Supreme Court jurisprudence. Based on that logic, I argue …
Improving Antibiotic Markets For Long Term Sustainability, Aaron S. Kesselheim, Kevin Outterson
Improving Antibiotic Markets For Long Term Sustainability, Aaron S. Kesselheim, Kevin Outterson
Faculty Scholarship
The world faces a worsening public health crisis: A growing number of bacteria are resistant to available antibiotics. Yet there are few new antibiotics in the development pipeline to take the place of these increasingly ineffective drugs. We review a number of proposals intended to bolster drug development, including such financial incentives for pharmaceutical manufacturers as extending the effective patent life for new antibiotics. However, such strategies directly conflict with the clear need to reduce unnecessary antibiotic prescriptions and could actually increase prescription use. As an alternative, we recommend a two-prong, “integrated” strategy based on prizes administered through the insurance …
Is Health Care Reform Unconstitutional?, David Cole
Is Health Care Reform Unconstitutional?, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Restoring Health To Health Reform: Integrating Medicine And Public Health To Advance The Population's Wellbeing, Lawrence O. Gostin, Peter D. Jacobson, Katherine L. Record, Lorian E. Hardcastle
Restoring Health To Health Reform: Integrating Medicine And Public Health To Advance The Population's Wellbeing, Lawrence O. Gostin, Peter D. Jacobson, Katherine L. Record, Lorian E. Hardcastle
Georgetown Law Faculty Publications and Other Works
The Patient Protection and Affordable Care Act is a major achievement in improving access to health care services. However, evidence indicates that the nation could achieve greater improvements in health outcomes, at a lower cost, by shifting its focus to public health. By focusing nearly exclusively on health care, policy makers have chronically starved public health of adequate and stable funding and political support. The lack of support for public health is exacerbated by the fact that health care and public health are generally conceptualized, organized, and funded as two separate systems. In order to maximize gains in health status …
Turning Citizens Into Subjects: Why The Health Insurance Mandate Is Unconstitutional, Randy E. Barnett
Turning Citizens Into Subjects: Why The Health Insurance Mandate Is Unconstitutional, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In 2010 something happened in this country that has never happened before: Congress required that every person enter into a contractual relationship with a private company. While the author realizes that writers make lots of factual claims that readers are wise to be skeptical about, he proves that an economic mandate like this one is unprecedented. If this mandate had ever happened before, everyone reading this passage would know all the contracts the federal government requires them to make, upon pain of a penalty enforced by the Internal Revenue Service (IRS). No reader, however, can recite any such mandate and …
Patent Office As Biosecurity Gatekeeper: Fostering Responsible Science And Building Public Trust In Diy Science, 10 J. Marshall Rev. Intell. Prop. L. 423 (2011), Brian J. Gorman
UIC Review of Intellectual Property Law
When the fields of intellectual property law and biotechnology intersect, most analysis is driven byeconomic and ethical issues. This article examines these factors, but in relation to the emerging security threat posed by biohackers, or do-it-yourself (“DIY”) scientists, who operate free from oversight and industry norms at the fringes of the biotechnology community. Public health risks are poised to grow as these citizen-scientists race for lucrative discoveries in the new frontier of syntheticbiology. This article proposes that the existing paradigm adjust accordingly to leverage regulatory compliance from the most ambitious biohackers looking to benefit from patent protection. The U.S. government …
A Shot In The Arm: What A Modern Approach To Jacobson V. Massachusetts Means For Mandatory Vaccinations During A Public Health Emergency , Ben Horowitz
American University Law Review
No abstract provided.
Ppaca And Public Health: Creating A Framework To Focus On Prevention And Wellness And Improve The Public's Health, Gwendolyn R. Majette
Ppaca And Public Health: Creating A Framework To Focus On Prevention And Wellness And Improve The Public's Health, Gwendolyn R. Majette
Law Faculty Articles and Essays
On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (PPACA), a major piece of health care reform legislation.This comprehensive legislation includes provisions that focus on prevention, wellness, and public health. Some, including authors in this symposium, question whether Congress considered public health, prevention, and wellness issues as mere afterthoughts in the creation of PPACA. As this article amply demonstrates, they did not.This article documents the extent of congressional consideration on public health issues based on personal experience working on the framework for health care reform--specifically, my experience as a Fellow for a member of the …
Warning, This Decision Will Increase The Cost Of Prescription Drugs: How The Supreme Court’S Misapplication Of Preemption Doctrine In Wyeth V. Levine Portends Devastating Consequences For Oklahoma, Tyler R. Barrett
Oklahoma Law Review
No abstract provided.
The Affordable Care Act’S Preventive Services Mandate: Breaking Down The Barriers To Nationwide Access To Preventive Services, John Aloysius Cogan, Jr.
The Affordable Care Act’S Preventive Services Mandate: Breaking Down The Barriers To Nationwide Access To Preventive Services, John Aloysius Cogan, Jr.
Faculty Articles and Papers
No abstract provided.
A Shift In Power: Why Increased Urban Drilling Necessitates A Change In Regulatory Authority Comment., Riley W. Vanham
A Shift In Power: Why Increased Urban Drilling Necessitates A Change In Regulatory Authority Comment., Riley W. Vanham
St. Mary's Law Journal
Historically, Texas has boasted a very lucrative oil and gas industry, which has been vital to the state’s successful economy. Due to increased drilling in urban areas, particularly the Barnett Shale, the number of affected surface owners multiplied overnight, attracting attention to oil and gas issues. Legislation has been purported to remedy the longtime conflict in Texas property law caused by the dominance of the mineral estate over the surface estate. But no bill has passed having major policy-change implications. Currently, local governments freely adopt and enforce oil and gas regulations. These ordinances vary from city-to-city, creating inconsistencies for operators …
Perspective: Massachusetts' Health Care Reform And Emergency Department Utilization, Christopher Chen, Gabriel Scheffler, Amitabh Chandra
Perspective: Massachusetts' Health Care Reform And Emergency Department Utilization, Christopher Chen, Gabriel Scheffler, Amitabh Chandra
Articles
No abstract provided.
Measure 26: Fear Mongering, Self-Execution & Potential Implications For Birth Control, Jonathan Will
Measure 26: Fear Mongering, Self-Execution & Potential Implications For Birth Control, Jonathan Will
Journal Articles
Depending on what we mean by “fertilization,” there could be impacts on many reproductive choices including birth control, fertility treatments like in vitro fertilization (IVF), and of course, women’s ability to choose to have an abortion. Certain proponents of Measure 26 suggest that even discussing these implications (other than perhaps abortion) amounts to fear mongering. While primarily focusing on birth control, the goal of this essay is to introduce readers to why the concerns regarding these reproductive choices are very real, and how these concerns are further complicated by the issue of whether, if passed, Measure 26 would be deemed …