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Health Law and Policy Commons

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2012

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Institution
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Articles 151 - 180 of 466

Full-Text Articles in Health Law and Policy

Taming The Beast Of Health Care Costs: Why Medicare Reform Alone Is Not Enough, Susan A. Channick Jan 2012

Taming The Beast Of Health Care Costs: Why Medicare Reform Alone Is Not Enough, Susan A. Channick

Annals of Health Law and Life Sciences

No abstract provided.


Putting Together The Pieces: Recent Proposals To Fill In The Genetic Testing Regulatory Puzzle, Serra J. Schlanger Jan 2012

Putting Together The Pieces: Recent Proposals To Fill In The Genetic Testing Regulatory Puzzle, Serra J. Schlanger

Annals of Health Law and Life Sciences

The idea that genetic information is different from other medical information and therefore needs special protection has led to a regulatory puzzle where genetic testing is currently regulated under three separate schemes. Although genetic tests for over 2,000 diseases are available, less than 10% of these tests have been reviewed for clinical validity or utility. Recent action by some genetic testing companies has prompted the federal government to propose changes to the current regulatory scheme. This article discusses the current framework and the recent developments before examining some of the concerns and challenges that face the implementation of these proposed …


Why Primary Patents Covering Biologics Should Be Unforceable Against Generic Applicants Under The Biologics Price Competition And Innovation Act, Yaniv Heled Jan 2012

Why Primary Patents Covering Biologics Should Be Unforceable Against Generic Applicants Under The Biologics Price Competition And Innovation Act, Yaniv Heled

Annals of Health Law and Life Sciences

No abstract provided.


Constitutional Newspeak: Learning To Love The Affordable Care Act Decision, A. Christopher Bryant Jan 2012

Constitutional Newspeak: Learning To Love The Affordable Care Act Decision, A. Christopher Bryant

Faculty Articles and Other Publications

In his classic dystopian novel, 1984, George Orwell imagines a world in which language is regularly contorted to mean its opposite - as in the waging of war by the Ministry of Peace and infliction of torture by the Ministry of Love. A core claim of Orwell's was that such abuse of language - which in his novel he labeled "Newspeak"-would ultimately channel thought. Whatever the merits of this claim as a theory of linguistics, constitutional developments too recent to be called history demonstrate that as a practical matter Orwell was on to something. The Court's June 28 decision both …


Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann Jan 2012

Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Constitutional Forbearance, A. Christopher Bryant Jan 2012

Constitutional Forbearance, A. Christopher Bryant

Faculty Articles and Other Publications

This essay begins by developing the concept of constitutional forbearance and exploring the role it plays in the craft of good judging. This first Part also illustrates what is meant by constitutional forbearance by recovering a forgotten but illustrative example from a century ago. Part II then argues that the need for forbearance has at present become unusually acute. Finally, in Part III this essay identifies some of the qualities of the Obama care cases that make them such singular opportunities for the exercise of this much needed judicial virtue and answers some anticipated objections to thinking about the cases …


Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate, Rachel Reynolds Jan 2012

Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate, Rachel Reynolds

Richmond Journal of Law and the Public Interest

coverage seems to have become overshadowed. This paper will inquire into what makes Gardasil different from other vaccines, and how that impacts its administration. Part I will describe the specifics of the HPV vaccine: how it works and how Virginia decided to promote its usage. Part II will examine the ways in which jurisdictions have traditionally understood vaccination policy, and contrast it with the ways in which they have handled the HPV vaccine. Part III will examine the disadvantages of continuing the mandate's ineffective political war of attrition, and suggest a coalition-building strategy to effect policy that honors communal values …


Pain As Fact And Heuristic: How Pain Neuroimaging Illuminates Moral Dimensions Of Law, Amanda C. Pustilnik Jan 2012

Pain As Fact And Heuristic: How Pain Neuroimaging Illuminates Moral Dimensions Of Law, Amanda C. Pustilnik

Faculty Scholarship

Legal statuses, prohibitions, and protections often turn on the presence and degree of physical pain. In legal domains ranging from tort to torture, pain and its degree do important definitional work by delimiting boundaries of lawfulness and of entitlements. The omnipresence of pain in law suggests that the law embodies an intuition about the ontological primacy of pain. Yet, for all the work done by pain as a term in legal texts and practice, it has had a confounding lack of external verifiability. As with other subjective states, we have been able to impute pain’s presence but have not been …


Professional Power And The Standard Of Care In Medicine, Maxwell J. Mehlman Jan 2012

Professional Power And The Standard Of Care In Medicine, Maxwell J. Mehlman

Faculty Publications

Since before the founding of the Republic, American medicine has been fighting a war to control the standard of care that physicians are expected to provide to their patients. It has waged battles on two fronts: against internal disagreements within the profession over what constitutes proper care, and against attempts to delineate the standard of care by forces outside the profession, such as private health insurers, the government, and the judicial system.


Options For State And Local Governments To Regulate Non-Cigarette Tobacco Products, Michael Freiberg Jan 2012

Options For State And Local Governments To Regulate Non-Cigarette Tobacco Products, Michael Freiberg

Annals of Health Law and Life Sciences

Most tobacco control laws were written to address the scourge of smoking - particularly smoking cigarettes. As a result, these laws frequently exclude non-cigarette tobacco products, which are becoming more prevalent on the market. These regulatory gaps jeopardize public health by increasing the possibility that these products will be used - particularly by minors and young adults. This article examines gaps in regulation using five products as case studies: dissolvable tobacco products, electronic cigarettes, little cigars, snus, and water pipes. In addition, this article presents policy options that state and local governments can adopt to regulate these products more effectively, …


Table Of Contents, Annals Of Health Law Jan 2012

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Using Informed Consent To Reduce Preventable Medical Errors, Evelyn M. Tenenbaum Jan 2012

Using Informed Consent To Reduce Preventable Medical Errors, Evelyn M. Tenenbaum

Annals of Health Law and Life Sciences

No abstract provided.


The Role Of Clinical Practice Guidelines In Healthcare Reform: An Update, Arnold J. Rosoff Jan 2012

The Role Of Clinical Practice Guidelines In Healthcare Reform: An Update, Arnold J. Rosoff

Annals of Health Law and Life Sciences

No abstract provided.


Prospects For Comparative Effectiveness Research Under Federal Health Reform, Eleanor D. Kinney Jan 2012

Prospects For Comparative Effectiveness Research Under Federal Health Reform, Eleanor D. Kinney

Annals of Health Law and Life Sciences

No abstract provided.


High Utilizers Of Ed Services: Lessons For System Reform, John V. Jacobi Jan 2012

High Utilizers Of Ed Services: Lessons For System Reform, John V. Jacobi

Annals of Health Law and Life Sciences

No abstract provided.


No Good News: Retiree Benefits One Year After Health Reform, Susan E. Cancelosi Jan 2012

No Good News: Retiree Benefits One Year After Health Reform, Susan E. Cancelosi

Annals of Health Law and Life Sciences

No abstract provided.


Anticipating Stage Two: Assessing The Development Of Meaningful Use And Emr Deployment, Nicolas P. Terry Jan 2012

Anticipating Stage Two: Assessing The Development Of Meaningful Use And Emr Deployment, Nicolas P. Terry

Annals of Health Law and Life Sciences

No abstract provided.


Achieving Reproductive Justice In The International Surrogacy Market, Seema Mohapatra Jan 2012

Achieving Reproductive Justice In The International Surrogacy Market, Seema Mohapatra

Annals of Health Law and Life Sciences

No abstract provided.


Further Support For Mental Health Parity Law And Mandatory Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino Jan 2012

Further Support For Mental Health Parity Law And Mandatory Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino

Annals of Health Law and Life Sciences

No abstract provided.


Redefining The Legal Basis For Mental Health Emergencies, James G. Hodge, Lainie Rutkow, Lexi C. White Jan 2012

Redefining The Legal Basis For Mental Health Emergencies, James G. Hodge, Lainie Rutkow, Lexi C. White

Annals of Health Law and Life Sciences

No abstract provided.


Case Study: Ethical And Legal Issues In Human Machine Mergers (Or The Cyborgs Cometh), Linda Macdonald Glenn Jan 2012

Case Study: Ethical And Legal Issues In Human Machine Mergers (Or The Cyborgs Cometh), Linda Macdonald Glenn

Annals of Health Law and Life Sciences

No abstract provided.


Institutional Ethics Committees: Should We Kill All The Lawyers - The Role Of Lawyers On Hospital Ethics Committees, Joanna K. Weinberg Jan 2012

Institutional Ethics Committees: Should We Kill All The Lawyers - The Role Of Lawyers On Hospital Ethics Committees, Joanna K. Weinberg

Annals of Health Law and Life Sciences

No abstract provided.


Closing The Gaps In Human Subject Research Law: Regulating Clinical Research Conducted Outside Of The United States, Jennifer S. Bard Jan 2012

Closing The Gaps In Human Subject Research Law: Regulating Clinical Research Conducted Outside Of The United States, Jennifer S. Bard

Annals of Health Law and Life Sciences

No abstract provided.


Teaching Medical Students How To Reconcile Law And Ethics In Practice: A Faculty Development Model, Marshall B. Kapp, Dennis Baker, Gregory Turner Jan 2012

Teaching Medical Students How To Reconcile Law And Ethics In Practice: A Faculty Development Model, Marshall B. Kapp, Dennis Baker, Gregory Turner

Annals of Health Law and Life Sciences

No abstract provided.


Advancing Health Law & Social Justice In The Clinic, The Classroom And The Community, Emily A. Benfer, John Ammann, Lisa Bliss, Sylvia Caley, Elizabeth Tobin Tyler, Robert Pettignano Jan 2012

Advancing Health Law & Social Justice In The Clinic, The Classroom And The Community, Emily A. Benfer, John Ammann, Lisa Bliss, Sylvia Caley, Elizabeth Tobin Tyler, Robert Pettignano

Annals of Health Law and Life Sciences

No abstract provided.


Using Mind Mapping To Bridge The Gap In Teaching Health Law To Non-Law Students, Stacey B. Lee Jan 2012

Using Mind Mapping To Bridge The Gap In Teaching Health Law To Non-Law Students, Stacey B. Lee

Annals of Health Law and Life Sciences

No abstract provided.


Hela Cells And Unjust Enrichment In The Human Body, Deleso A. Alford Jan 2012

Hela Cells And Unjust Enrichment In The Human Body, Deleso A. Alford

Annals of Health Law and Life Sciences

No abstract provided.


Legal Methods For Medical Professionals: Implementing A Medical School Rotation In The Law School To Promote Greater Cooperation And Understanding Between The Professions, Christine Coughlan Jan 2012

Legal Methods For Medical Professionals: Implementing A Medical School Rotation In The Law School To Promote Greater Cooperation And Understanding Between The Professions, Christine Coughlan

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Annals Of Health Law Jan 2012

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Daniel Marino, Lawrence Singer, Megan Bess, John Blum Jan 2012

Foreword, Daniel Marino, Lawrence Singer, Megan Bess, John Blum

Annals of Health Law and Life Sciences

No abstract provided.