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Health Law and Policy Commons™

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2012

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Articles 271 - 300 of 467

Full-Text Articles in Health Law and Policy

Masthead Jan 2012

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Drug-Drug Interaction Warnings As Technological Iatrogenesis, Nicolas P. Terry Jan 2012

Drug-Drug Interaction Warnings As Technological Iatrogenesis, Nicolas P. Terry

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Too Many Alerts, Too Much Liability: Sorting Through The Malpractice Implications Of Drug-Drug Interaction Clinical Decision Support, M. Susan Ridgely, Michael D. Greenberg Jan 2012

Too Many Alerts, Too Much Liability: Sorting Through The Malpractice Implications Of Drug-Drug Interaction Clinical Decision Support, M. Susan Ridgely, Michael D. Greenberg

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Drug-Drug Interaction Alerts: Emphasizing The Evidence, Sharona Hoffman, Andy Podgurski Jan 2012

Drug-Drug Interaction Alerts: Emphasizing The Evidence, Sharona Hoffman, Andy Podgurski

Saint Louis University Journal of Health Law & Policy

No abstract provided.


The Marginal Utility Of Marginal Guidance: Commentary On Too Many Alerts, Too Much Liability: Sorting Through The Malpractice Implications Of Drug-Drug Interaction Clinical Decision Support By M. Susan Ridgely And Michael D. Greenberg, Ross Koppel Jan 2012

The Marginal Utility Of Marginal Guidance: Commentary On Too Many Alerts, Too Much Liability: Sorting Through The Malpractice Implications Of Drug-Drug Interaction Clinical Decision Support By M. Susan Ridgely And Michael D. Greenberg, Ross Koppel

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Clinical Decision Support And The Law: The Big Picture, David W. Bates Jan 2012

Clinical Decision Support And The Law: The Big Picture, David W. Bates

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Addressing Liability And Clinical Decision Support: A Federal Government Role, Jodi G. Daniel Jan 2012

Addressing Liability And Clinical Decision Support: A Federal Government Role, Jodi G. Daniel

Saint Louis University Journal of Health Law & Policy

No abstract provided.


On Optimizing Ddi Alerts And Liability Under Cds: The Authors Respond, Michael D. Greenberg, M. Susan Ridgely Jan 2012

On Optimizing Ddi Alerts And Liability Under Cds: The Authors Respond, Michael D. Greenberg, M. Susan Ridgely

Saint Louis University Journal of Health Law & Policy

No abstract provided.


To The Front Of The Line: Spurring Biotech Collaboration Through Patent Fast-Track Examination Vouchers, Scott E. Yackey Jan 2012

To The Front Of The Line: Spurring Biotech Collaboration Through Patent Fast-Track Examination Vouchers, Scott E. Yackey

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Table Of Contents Jan 2012

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Masthead Jan 2012

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Foreword, Jesse A. Goldner Jan 2012

Foreword, Jesse A. Goldner

Saint Louis University Journal of Health Law & Policy

No abstract provided.


How The Government Created And Sustains The Private Pharmaceutical Industry, Robert I. Field Jan 2012

How The Government Created And Sustains The Private Pharmaceutical Industry, Robert I. Field

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Responsible Corporate Officer Doctrine: When Is Falling Down On The Job A Crime?, Kathleen M. Boozang Jan 2012

Responsible Corporate Officer Doctrine: When Is Falling Down On The Job A Crime?, Kathleen M. Boozang

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Independent Clinical Trials To Test Drugs: The Neglected Reform, Marc A. Rodwin Jan 2012

Independent Clinical Trials To Test Drugs: The Neglected Reform, Marc A. Rodwin

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Risk And Responsibility: State Regulation And Enforcement Of The Direct-To-Consumer Genetic Testing Industry, Helen C. Dick Jan 2012

Risk And Responsibility: State Regulation And Enforcement Of The Direct-To-Consumer Genetic Testing Industry, Helen C. Dick

Saint Louis University Journal of Health Law & Policy

No abstract provided.


What The New Deal Settled, Jamal Greene Jan 2012

What The New Deal Settled, Jamal Greene

Faculty Scholarship

Not since George H.W. Bush banned it from the menu of Air Force One did broccoli receive as much attention as during the legal and political debate over the Patient Protection and Affordable Care Act ("ACA"). Opponents of the ACA have forcefully and repeatedly argued that if Congress has the power to require Americans to purchase health insurance as a means of reducing health care costs, then it likewise has the power to require Americans to eat broccoli. Broccoli is mentioned twelve times across the four Supreme Court opinions issued in the ACA decision – that's eleven more appearances than …


About Abortion: The Complications Of The Category, Carol Sanger Jan 2012

About Abortion: The Complications Of The Category, Carol Sanger

Faculty Scholarship

My subject this afternoon is abortion, a subject that for the last 40 years has embedded itself in American consciousness, American politics, and American culture with remarkable durability and reach. Looking only at the first decade of this century – from George W. Bush to Barack Obama, to use two presidential landmarks – abortion has been central to how Americans conceptualize, debate, and sometimes resolve all sorts of things: foreign aid, health care reform, high school sex education, and judicial nominations to the Supreme Court. Abortion has been at the heart of disputes over what products Walmart keeps on its …


Death In Our Life, Joseph Raz Jan 2012

Death In Our Life, Joseph Raz

Faculty Scholarship

This is the text of the Annual Lecture of the Society for Applied Philosophy, delivered in Oxford on 22-5-12. I kept the talk style of the paper. It examines a central aspect of the relations between duration and quality of life by considering the moral right to voluntary euthanasia, and some aspects of the moral case for a legal right to euthanasia. Would widespread acceptance of a right to voluntary euthanasia lead to widespread changes in attitude to life and death? Many of its advocates deny that seeing it as a narrow right enabling people to avoid ending their life …


Book Review | The Politics Of Medicaid By Laura Katz Olson, Nicole Huberfeld Jan 2012

Book Review | The Politics Of Medicaid By Laura Katz Olson, Nicole Huberfeld

Law Faculty Scholarly Articles

In this book review, Professor Nicole Huberfeld examines The Politics of Medicaid, by Laura Katz Olson, which was published in 2010 by Columbia University Press.


Standards For Health Care Decision-Making: Legal And Practical Considerations, A. Kimberley Dayton Jan 2012

Standards For Health Care Decision-Making: Legal And Practical Considerations, A. Kimberley Dayton

Faculty Scholarship

This Article explores the guardian’s role in making, or assisting the ward to make, health care decisions, and provides an overview of existing standards and tools that offer guidance in this area. Part II outlines briefly the legal decisions and statutory developments assuring patient autonomy in medical treatment, and shows how these legal texts apply to and structure the guardian’s role as health care decision-maker. Part III examines the range of legal and practical approaches to such matters as decision-making standards, determining the ward’s likely treatment preferences, and resolving conflicts between guardians and health care agents appointed by the ward. …


Cobra Subsidies: A Compelling Narrative Of Policy Impact On The Unemployed, Uninsured, Hannah N. Gregg Jan 2012

Cobra Subsidies: A Compelling Narrative Of Policy Impact On The Unemployed, Uninsured, Hannah N. Gregg

CMC Senior Theses

This paper analyzes a 2009 U.S. policy which provided short term federal subsidies for COBRA health insurance premiums. COBRA allows the recently unemployed to continue purchasing health insurance through their employment-based insurance plan for a short time period after they become unemployed. Early analysis found low take-up rates for COBRA insurance due to the exceedingly high cost of full health insurance premiums, especially for those who have just lost a steady employment income. A short term 65 percent federal subsidy for COBRA insurance was implemented as a part of the American Recovery and Reinvestment Act in 2009. Subsidy policy proposed …


International Trademark Protection And Global Public Health: A Just Compensation Regime For Expropriations And Regulatory Takings, Sam Halabi Jan 2012

International Trademark Protection And Global Public Health: A Just Compensation Regime For Expropriations And Regulatory Takings, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Cost-Benefit Federalism: Reconciling Collective Action Federalism And Libertarian Federalism In The Obamacare Litigation And Beyond, Abigail R. Moncrieff Jan 2012

Cost-Benefit Federalism: Reconciling Collective Action Federalism And Libertarian Federalism In The Obamacare Litigation And Beyond, Abigail R. Moncrieff

Law Faculty Articles and Essays

This Article argues that most commentators have exaggerated all three of the relevant issues with Obamacare: its efficiency gains, its liberty costs, and its departure from the status quo ante's federalist balance. The collective action problem with state insurance regulation is not as bad as scholars of collective action federalism have argued; the liberty implications of the individual mandate are not as extreme as scholars of libertarian federalism have argued; and the shift from state to national power is not as significant as the litigants and courts have argued. Although I do not make the strong claim that Obamacare reaches …


Global Health Law Norms And The Ppaca Framework To Eliminate Health Disparities, Gwendolyn R. Majette Jan 2012

Global Health Law Norms And The Ppaca Framework To Eliminate Health Disparities, Gwendolyn R. Majette

Law Faculty Articles and Essays

This Article analyzes how PPACA constitutes framework legislation that complies with global health law norms protecting a right to health in its approach to the reduction of health care disparities for racial and ethnic minorities in the United States. Part I identifies the global health laws that impose a duty on the United States to eliminate health disparities for people of color. Part II analyzes the legislative framework that PPACA creates to protect the right to health and eliminate health care disparities. Finally, Part III concludes with my recommendations on future efforts to reduce and eliminate health care disparities for …


No Toy For You! The Healthy Food Incentives Ordinance: Paternalism Or Consumer Protection?, Alexis M. Etow Jan 2012

No Toy For You! The Healthy Food Incentives Ordinance: Paternalism Or Consumer Protection?, Alexis M. Etow

American University Law Review

No abstract provided.


A Graceful Exit: Redefining Terminal To Expand The Availability Of Physician-Facilitated Suicide, Browne C. Lewis Jan 2012

A Graceful Exit: Redefining Terminal To Expand The Availability Of Physician-Facilitated Suicide, Browne C. Lewis

Law Faculty Articles and Essays

For almost ten years, Oregon stood alone as the state that permits terminally ill persons to choose the time and manner of their deaths. Finally, in 2009, Oregon received company when the state of Washington’s physician facilitated suicide statute officially went into effect in March of that year. Supporters of the statutes hailed the enactments as a victory for persons seeking to die with dignity. Persons from groups like Compassion & Choices vowed to seek similar legislation in the remaining states. Representatives from the Washington State Medical Association, hospice groups and hospitals argued that the mandates of the statutes place …


Application Of Default Rules To Address Financial Conflicts Of Interest In Academic Medical Centers, Joanna K. Sax Jan 2012

Application Of Default Rules To Address Financial Conflicts Of Interest In Academic Medical Centers, Joanna K. Sax

Indiana Law Journal

This Essay proposes that the rules governing financial conflicts of interest for scientists within the National Institutes of Health apply to scientists at Academic Medical Centers because scientists at both places receive federal funding. The rules governing financial conflicts of interest within the National Institutes of Health are stricter than the rules at Academic Medical Centers. The cornerstone of financial conflicts of interest rules at Academic Medical Centers is disclosure, which is inadequate. This Essay builds on previous work calling for significant changes to rules addressing financial conflicts of interest, and it promotes changes by calling for the application of …


Bridging The Great Divide—A Response To Linda Greenhouse And Reva B. Siegel's "Before (And After) Roe V. Wade: New Questions About Backlash", Lolita Buckner Inniss Jan 2012

Bridging The Great Divide—A Response To Linda Greenhouse And Reva B. Siegel's "Before (And After) Roe V. Wade: New Questions About Backlash", Lolita Buckner Inniss

Law Faculty Articles and Essays

This essay discusses the history of Roe v. Wade as recently addressed by Linda Greenhouse and Reva B. Siegel. Going beyond their assertions, I suggest that an additional, more encompassing inquiry focuses on what factors are implicated in the politics of abortion and how these factors relate to larger social, political, and cultural conflicts both before and after Roe. By naming party politics and the Catholic Church, Greenhouse and Siegel posit two crucial elements that shaped the abortion debate. I assert, however, that what is not discussed in their Article is the way numerous other factors have figured into the …


Adopting Accountable Care Through The Medicare Framework, Barbara Zabawa, Louise G. Trubek, Felice Borisey-Rudin Jan 2012

Adopting Accountable Care Through The Medicare Framework, Barbara Zabawa, Louise G. Trubek, Felice Borisey-Rudin

Faculty Works

The Patient Protection and Affordable Care Act of 2010 (PPACA) attempts to provoke change in the status quo in American health care delivery and payment. PPACA created two programs, the Medicare Shared Savings Program (MSSP) and the Pioneer ACO model, which work to bring the concept of Accountable Care Organizations (ACOs) to the Medicare program. At its core, accountable care matches payment for care with performance-based measures, a bold move away from current volume-based models. The paper makes the case that the Medicare-based programs serve as a suitable launch pad for the accountable care movement. The paper explores the emergence …