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Articles 541 - 570 of 634
Full-Text Articles in Health Law and Policy
Global Access To Medicine: The Influence Of Competing Perspectives., Cynthia M. Ho
Global Access To Medicine: The Influence Of Competing Perspectives., Cynthia M. Ho
Faculty Publications & Other Works
No abstract provided.
Patent Protection Of Medical Records—Focusing On Ethical Issues, Yūsuke Satō, Jiameng Kathy Liu
Patent Protection Of Medical Records—Focusing On Ethical Issues, Yūsuke Satō, Jiameng Kathy Liu
Washington International Law Journal
The following is a translation of “Patent Protection of Medical Methods—Focusing on Ethical Issues,” an article written by Professor Yūsuke Satō in the June 2007 issue of the Japanese periodical Annual of Industrial Property Law. In Japan, despite the lack of an explicit statutory prohibition, methods of medical treatment have never been patentable. The Japan Patent Office (“JPO”) has rejected patenting medical processes on ethical grounds, interpreting that they do not fulfill the statutory requirement of “industrial applicability” in the main sentence of Article 29, Section 1 of the Patent Act, and courts have been confirming this practice. In light …
Free Rider: A Justification For Mandatory Medical Insurance Under Health Care Reform?, Jeffrey H. Kahn, Douglas A. Kahn
Free Rider: A Justification For Mandatory Medical Insurance Under Health Care Reform?, Jeffrey H. Kahn, Douglas A. Kahn
Scholarly Publications
Section 1501 of the Patient Protection and Affordable Care Act added section 5000A to the Internal Revenue Code to require most individuals in the United States, beginning in the year 2014, to purchase an established minimum level of medical insurance. This requirement, which is enforced by a penalty imposed on those who fail to comply, is sometimes referred to as the “individual mandate.” The individual mandate is one element of a vast change to the provision of medical care that Congress implemented in 2010. The individual mandate has proved to be controversial and has been the subject of a number …
A Primer On Batson, Including Discussion Of Johnson V. California, Miller-El V. Dretke, Rice V. Collins, & Synder V. Louisiana., Mikal C. Watts, Emily C. Jeffcott
A Primer On Batson, Including Discussion Of Johnson V. California, Miller-El V. Dretke, Rice V. Collins, & Synder V. Louisiana., Mikal C. Watts, Emily C. Jeffcott
St. Mary's Law Journal
Fundamental to the existence of the rights guaranteed to every citizen is the assurance that the right to equal protection under the law will be defended at all costs. Key to the United States’ system of adjudication is the right to a trial by jury, which is embodied in the Sixth and Seventh Amendments to the Constitution. These rights are also incorporated into all state constitutions through the Fourteenth Amendment. During jury selection, the judicial system permits the elimination of a certain number of jurors without cause. This form of elimination is known as a peremptory challenge. Over time, however, …
Texas Civil Practice & Remedies Code Sec. 41.0105: A Time For Clarification Comment., April Y. Quinones
Texas Civil Practice & Remedies Code Sec. 41.0105: A Time For Clarification Comment., April Y. Quinones
St. Mary's Law Journal
The language of the Texas Civil Practice and Remedies Code § 41.0105 is by no means clear. Most Texas practitioners refer to it as the “paid-or-incurred statute.” This is due to the statue stating that recovery of medical or health care expenses are limited to the amount actually paid or incurred by or on behalf of the claimant. Yet, Texas trial lawyers and judges are perplexed by what the statute truly means. Causing further concern, most Texas practitioners do not appear to understand how the statute should be applied. At the center of the debate lies the collateral-source rule and …
Congress's Consistent Intent To Utilize Military Commissions In The War Against Al-Qaeda And Its Adoption Of Commission Rules That Fully Comply With Due Process., Michael T. Mccaul, Ronald J. Sievert
Congress's Consistent Intent To Utilize Military Commissions In The War Against Al-Qaeda And Its Adoption Of Commission Rules That Fully Comply With Due Process., Michael T. Mccaul, Ronald J. Sievert
St. Mary's Law Journal
Congress responded to the terrorist attack of September 11, 2001 by passing the Authorization for the Use of Military Force (AUMF). In the following years Congress augmented that authority with the Military Commissions Act of 2006 (MCA of 2006) and the Military Commissions Act of 2009 (MCA of 2009). In passing these acts, Congress responded to the Supreme Court’s decision in Hamdan v. Rumsfeld, which found that President Bush’s attempt to establish military commissions required Congressional authorization. When drafting both MCAs, Congress recognized numerous evidentiary and trial procedures from federal civilian court were inappropriate for trying unlawful combatants. By these …
Honest Services Fraud After Skilling., Pamela Mathy
Honest Services Fraud After Skilling., Pamela Mathy
St. Mary's Law Journal
The United States Supreme Court ruling in Skilling v. United States limits honest services fraud prosecutions of both public officials and private individuals to schemes involving bribes or kickbacks. Over the past two decades, federal prosecutors have used the federal mail and wire fraud statutes to reach schemes which deprive citizens of their money or property and of the intangible right to honest services. The Court’s ruling in Skilling removes a category of deceptive, fraudulent, and corrupt conduct from the scope of the honest services law. By limiting honest services fraud under the statute to bribes and kickbacks, the Court …
Admitting Light Detection And Ranging (Lidar) Evidence In Texas: A Call For Statewide Judicial Notice., Ryan V. Cox, Carl Fors
Admitting Light Detection And Ranging (Lidar) Evidence In Texas: A Call For Statewide Judicial Notice., Ryan V. Cox, Carl Fors
St. Mary's Law Journal
The reliability of LIDAR (Light Detection and Ranging) is generally questioned for one of two reasons. First, when the speeding charge is of such great importance to the defendant that he must challenge the technology. Second, when the defendant is charged with a different and more serious crime because of the traffic stop. In this instance the reliability of the equipment provides the opportunity to question the stops’ underlying probable cause. Assuming the particular jurisdiction has not settled the issue of reliability of LIDAR evidence, the court must require the prosecutor to present expert testimony to show reliability. In the …
Masthead, Volume 21 Issue 1 (2011)
Masthead, Volume 21 Issue 1 (2011)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Volume 21 Issue 1 (2011), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Volume 21 Issue 1 (2011), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Health Related Claims, The Market For Information, And The First Amendment, J. Howard Beales Iii
Health Related Claims, The Market For Information, And The First Amendment, J. Howard Beales Iii
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Commercial Speech, Drugs, Promotion And A Tailored Advertisement Moratorium, Margaret Gilhooley
Commercial Speech, Drugs, Promotion And A Tailored Advertisement Moratorium, Margaret Gilhooley
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Truth Or Consequences?: Commercial Free Speech Vs. Public Health Promotion (At The Fda), Lars Noah
Truth Or Consequences?: Commercial Free Speech Vs. Public Health Promotion (At The Fda), Lars Noah
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Food And Drug Administration V. The First Amendment: A Survey Of Recent Fda Enforcement, Gerald Masoudi, Christopher Pruitt
The Food And Drug Administration V. The First Amendment: A Survey Of Recent Fda Enforcement, Gerald Masoudi, Christopher Pruitt
Health Matrix: The Journal of Law-Medicine
No abstract provided.
A Veil Of Tax Exemption ?: A Proposal For The Continuation Of Federal Tax-Exempt Status For "Nonprofit" Hospitals, Jeremy J. Schirra
A Veil Of Tax Exemption ?: A Proposal For The Continuation Of Federal Tax-Exempt Status For "Nonprofit" Hospitals, Jeremy J. Schirra
Health Matrix: The Journal of Law-Medicine
No abstract provided.
When Regulation Becomes Personal: Asserting Retaliatory Enforcement Claims Against Regulatory Agencies, Mark Brian Skerry
When Regulation Becomes Personal: Asserting Retaliatory Enforcement Claims Against Regulatory Agencies, Mark Brian Skerry
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Comments: A "Familiar" Standard Of Care: What The Same Or Similar Communities Standard Could Mean For Maryland, John M. Williams Jr.
Comments: A "Familiar" Standard Of Care: What The Same Or Similar Communities Standard Could Mean For Maryland, John M. Williams Jr.
University of Baltimore Law Review
No abstract provided.
Defining The Role Of Mature Minors In The Medical Research Consent Process, Isabelle M. A. French
Defining The Role Of Mature Minors In The Medical Research Consent Process, Isabelle M. A. French
LLM Theses
In recent years, there has been an increase in the number of minors included in a broad range of medical research studies. To date, however, little attention appears to have been paid to how the role of minors in the consent process leading to participation in these studies should be defined. This thesis reviews the legal and ethical instruments and principles that define the role of mature minors in the medical research consent process in Canada at present. The thesis goes on to recommend a framework that should be added to the Tri-Council Policy Statement whereby all minors undergo a …
Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo
Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo
All Faculty Scholarship
This piece is an invitation to consider health care reform as a political shift in our thinking about the barriers and inequalities experienced by people with disabilities in our health care system. Traditionally, when these issues have been addressed, the predominant approach has been through a civil rights framework, specifically the Rehabilitation Act of 1973 and the American with Disabilities Act of 1990 (ADA). Now, the Patient Protection and Affordable Care Act of 2010 (PPACA) offers a new approach. This essay will outline the barriers to health and health care experienced by people with disabilities, drawing upon my ongoing research …
The Affordable Care Act And Competition: Antidote Or Placebo?, Thomas L. Greaney
The Affordable Care Act And Competition: Antidote Or Placebo?, Thomas L. Greaney
All Faculty Scholarship
In the run-up to its enactment, the Patient Protection and Affordable Care Act (ACA) elicited howls of protest from opponents who claimed the federal government was, “taking over,” the American healthcare system, “micromanaging,” medicine, and generally exposing the nation to the bête noire of, “socialized medicine.” Hyperbole, misrepresentation and chauvinism aside, these sound bites suffer from a deeper flaw: They mischaracterize the fundamental thrust of the new law. Though the law establishes significant new regulatory authority, this is neither a new development (indeed it can be faulted for preserving pre-existing regulatory regimes) nor does it impair market competition. To the …
Regulating To Promote Competition In Designing Health Insurance Exchanges, Thomas L. Greaney
Regulating To Promote Competition In Designing Health Insurance Exchanges, Thomas L. Greaney
All Faculty Scholarship
Many of the most contentious issues in the debate over health reform concerned the performance and competitiveness of private health insurance including abusive and unfair practices such as denying coverage to individuals with pre-existing conditions; the impact of dominant insurers serving individual and small group markets; and purportedly excessive profits of the insurance industry and lavish salaries of their executives. A key component of the Affordable Care Act for implementing and overseeing reforms directed at these problems is the establishment of market-making entities, health insurance exchanges. These state-run entities will certify insurers’ compliance with regulations, monitor their performance, and take …
Illinois Nursing Home Reform: Sorting Out The Deadly Mix, Sonia Piacenza
Illinois Nursing Home Reform: Sorting Out The Deadly Mix, Sonia Piacenza
Public Interest Law Reporter
No abstract provided.
Drug Tests For Welfare: Saving Taxpayer Money Or Flushing It Down The Drain?, Michelle Yoder
Drug Tests For Welfare: Saving Taxpayer Money Or Flushing It Down The Drain?, Michelle Yoder
Public Interest Law Reporter
No abstract provided.
Secret Shoppers In Illinois: Uncovering Startling Trends In Access To Healthcare, Kathryn C. Kokoczka
Secret Shoppers In Illinois: Uncovering Startling Trends In Access To Healthcare, Kathryn C. Kokoczka
Public Interest Law Reporter
No abstract provided.
A Synopsis Of Texas And Federal Sovereign Immunity Principles: Are Recent Sovereign Immunity Decisions Protecting Wrongful Governmental Conduct., Marilyn Phelan
A Synopsis Of Texas And Federal Sovereign Immunity Principles: Are Recent Sovereign Immunity Decisions Protecting Wrongful Governmental Conduct., Marilyn Phelan
St. Mary's Law Journal
The Texas Supreme Court recently rendered several decisions involving governmental entities reflecting the court’s inflexible application of the doctrine of sovereign immunity. These decisions raise concerns that the Court may be insulating government employees from adherence to ethical codes of conduct. Just as Congress enacted legislation requiring accuracy and reliability from financial officers of corporations, there exists a similar need for Texas courts to protect the public from governmental harm through misconduct. The current awareness of governmental officials lessens the likelihood of governmental transparency and accountability. This Article analyzes the Court’s current application of the sovereign immunity doctrine to provide …
First, Do No Harm: Response To “If You Prick Me”, Patricia A. Broussard
First, Do No Harm: Response To “If You Prick Me”, Patricia A. Broussard
Journal Publications
Brianna Lennon makes several cogent and persuasive arguments about Female Genital Mutilation (“FGM”) in her recently published Student Note entitled, If You Prick Me: The American Academy of Pediatrics’ Female Genital Cutting Policy Turnabout. She successfully articulates why she believes that by prohibiting FGM, opponents are in effect reinforcing it as a tie to the former culture or country. However, although Ms. Lennon makes some sound points, she overlooks and thereby, fails to answer the most obvious question which is, who owns a woman’s body? If one reaches the conclusion that a woman owns her body, then the logical extension …
The Coal Miners Have Taken Care Of Us: Let's Now Take Care Of The Coal Miners, Priscilla Norwood Harris
The Coal Miners Have Taken Care Of Us: Let's Now Take Care Of The Coal Miners, Priscilla Norwood Harris
Journal Publications
For over a hundred years, coal has helped power America's economy.' In short, without coal mining no industrial revolution would have occurred. "Coal fueled the new industrial capitalism."' Moreover, from the very beginnings of industrialization in the United States, "Appalachian coal and other fossil fuels have fired the engine of American industry,"' and it was Appalachian coking coal that helped make the steel America needed.' Coal transformed the United States into "an industrial superpower from a virtual wilderness."" This massive use of coal has come at a price to the miners." The death and injury rate from mining is matched …
In Re Miguel M., Jonathan Weinstein
Bayer Schering Pharma Ag V. Barr Laboratories, Inc., Joshua Zarabi
Bayer Schering Pharma Ag V. Barr Laboratories, Inc., Joshua Zarabi
NYLS Law Review
No abstract provided.
Embryo “Adoption”? The Rhetoric, The Law, And The Legal Consequences, Polina M. Dostalik
Embryo “Adoption”? The Rhetoric, The Law, And The Legal Consequences, Polina M. Dostalik
NYLS Law Review
No abstract provided.