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Health Law and Policy Commons™

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2012

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Articles 361 - 390 of 467

Full-Text Articles in Health Law and Policy

Volume 22 Issue 1 (2012), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2012

Volume 22 Issue 1 (2012), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Waiver Of The Psychotherapist-Patient Privilege: Implications For Child Custody Litigation, Marcia M. Boumil, Debbie F. Fretias, Cristina F. Freitas Jan 2012

Waiver Of The Psychotherapist-Patient Privilege: Implications For Child Custody Litigation, Marcia M. Boumil, Debbie F. Fretias, Cristina F. Freitas

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Bending The Health Cost Curve: The Promise And Peril Of The Independent Payment Advisory Board, Ann Marie Marciarille, J. Bradford Delong Jan 2012

Bending The Health Cost Curve: The Promise And Peril Of The Independent Payment Advisory Board, Ann Marie Marciarille, J. Bradford Delong

Health Matrix: The Journal of Law-Medicine

No abstract provided.


University Opposition To Unfettered Research: A New Bedfellow For Biotech?, Katherine L. Record Jan 2012

University Opposition To Unfettered Research: A New Bedfellow For Biotech?, Katherine L. Record

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Catching Flies With Vinegar: A Critique Of The Centers For Medicare And Medicaid Self-Disclosure Program, Jean Wright Veilleux Jan 2012

Catching Flies With Vinegar: A Critique Of The Centers For Medicare And Medicaid Self-Disclosure Program, Jean Wright Veilleux

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Rehabilitating Opioid Regulation: A Prescription For The Fda's Next Proposal Of An Opioid Risk Evaluation And Mitigation Strategy (Rems), Hilary Homenko Jan 2012

Rehabilitating Opioid Regulation: A Prescription For The Fda's Next Proposal Of An Opioid Risk Evaluation And Mitigation Strategy (Rems), Hilary Homenko

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Medical Marijuana And The Ada: Removing Barriers To Employment For Disabled Individuals, Russell Rendall Jan 2012

Medical Marijuana And The Ada: Removing Barriers To Employment For Disabled Individuals, Russell Rendall

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 20 Issue 1 (2010), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2012

Volume 20 Issue 1 (2010), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Symposium: The Future Of Food Regulation -- Introduction, Wendy E. Wagner Jan 2012

Symposium: The Future Of Food Regulation -- Introduction, Wendy E. Wagner

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Food Safety Crises As Crises In Administrative Constitutionalism, Elizabeth Fisher Jan 2012

Food Safety Crises As Crises In Administrative Constitutionalism, Elizabeth Fisher

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Signs Of Change Or Clash Of Symbols ? Fda Regulation Of Nutrient Profile Labeling, Timothy D. Lytton Jan 2012

Signs Of Change Or Clash Of Symbols ? Fda Regulation Of Nutrient Profile Labeling, Timothy D. Lytton

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Environmental Role Of Agriculture In An Era Of Carbon Caps, Donald T. Hornstein Jan 2012

The Environmental Role Of Agriculture In An Era Of Carbon Caps, Donald T. Hornstein

Health Matrix: The Journal of Law-Medicine

No abstract provided.


High Crimes, Not Misdemeanors: Deterring The Production Of Unsafe Food, Rena Steinzor Jan 2012

High Crimes, Not Misdemeanors: Deterring The Production Of Unsafe Food, Rena Steinzor

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 20 Issue 2 (2010), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2012

Volume 20 Issue 2 (2010), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Preserving Human Potential As Freedom: A Framework For Regulating Epigenetic Harms, Fazal Khan Jan 2012

Preserving Human Potential As Freedom: A Framework For Regulating Epigenetic Harms, Fazal Khan

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Enabling Responsible Public Genomics, John M. Conley, Adam K. Doerr, Daniel B. Vorhaus Jan 2012

Enabling Responsible Public Genomics, John M. Conley, Adam K. Doerr, Daniel B. Vorhaus

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Minute Medicine: Examining Retail Clinic Legal Issues And Legislative Challenges, Aaron Hoffmann Jan 2012

Minute Medicine: Examining Retail Clinic Legal Issues And Legislative Challenges, Aaron Hoffmann

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Making Informed Consent Work In Nigerian Health Care, Oluchukwu Jacinta Aniaka Jan 2012

Making Informed Consent Work In Nigerian Health Care, Oluchukwu Jacinta Aniaka

LLM Theses

The notion of informed consent to medical treatment is a fundamental precept in law. It recognizes autonomy and the right to personal inviolability, irrespective of nationality, socio-economic situation and ideological orientation. A full realization of autonomy in the Nigerian legal system is severely constricted by sociological and cultural factors. Of particular concern is the impact of oppression which may arise from socialization, arbitrary disclosure practice by physicians, or as a result of legislative enactment. To remedy the elemental defects in the Nigerian Code of Medical Ethics, without addressing the impediments posed by the social environment from which a patient operates, …


Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans, J. Jason Samson Jan 2012

Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans, J. Jason Samson

LLM Theses

This thesis examines how military members and veterans with Operational Stress Injuries are treated by Canadian justice systems. It suggests a correlation between mental injuries sustained on operations by military personnel and propensities for military and societal misconduct. By comparing civilian and military processes with American justice counterparts, a plan to improve the existing Canadian legal landscape is proposed. Using an analysis of the underlying philosophy and purpose of military justice, a problem solving diversionary court is recommended, along with legislative and policy amendments. The use of a consent-based "Treatment Standing Court Martial" would place military justice officials parallel to …


Reforming State Mental Health Parity Law, Stacey A. Tovino Jan 2012

Reforming State Mental Health Parity Law, Stacey A. Tovino

Faculty Articles

This Article is the final installment in a three-part project that presents a comprehensive challenge to lingering legal distinctions between physical and mental illness in the context of health insurance. The first installment in this series narrowly inquired as to whether the postpartum mood disorders should be classified as physical or mental illnesses in a range of health law contexts, including the context of health insurance. The second installment was broader in scope and challenged a number of federal provisions that allow publicly- and privately-funded health care programs and plans to provide mental health insurance benefits that are less comprehensive …


Breaking The Cycle Of “Unequal Treatment” With Health Care Reform: Acknowledging And Addressing The Continuation Of Racial Bias, Ruqaiijah A. Yearby Jan 2012

Breaking The Cycle Of “Unequal Treatment” With Health Care Reform: Acknowledging And Addressing The Continuation Of Racial Bias, Ruqaiijah A. Yearby

All Faculty Scholarship

Since the Civil War access to health care in the United States has been racially unequal. This racially unequal access to health care remains even after the passage of Title VI of the Civil Rights Act of 1964 (“Title VI”) and the election of an African-American President. Both of these events held the promise of equality, yet the promise has never been fulfilled. Now, many hail the passage of the Patient Protection and Affordable Health Care Act (“ACA”) as the biggest governmental step in equalizing access to health care because it has the potential to increase minority access to health …


Gender, Family, And Work, Marcia L. Mccormick Jan 2012

Gender, Family, And Work, Marcia L. Mccormick

All Faculty Scholarship

The country has prohibited sex discrimination since the 1960’s, but society continues to view women and men differently because women give birth, breastfeed, and are traditional caregivers. This article takes a historical look at court decisions and legislative efforts to address equality where men and women are not similarly situated and also explores recent developments and current debates, such as caregiver discrimination, lactation rooms and breaks, and the Affordable Care Act’s contraceptive mandate. Despite the abundance of legislation and court decisions over the past forty years, much progress still needs to be made.


Shifting Public Health Priorities And The Global Effort To Prevent A Bird Flu Pandemic, Robert Gatter Jan 2012

Shifting Public Health Priorities And The Global Effort To Prevent A Bird Flu Pandemic, Robert Gatter

All Faculty Scholarship

Global strategy to control highly pathogenic avian influenza (HPAI) has changed dramatically since 2003 when it was first reported that a confirmed bird flu jumped the species barrier to infect a human in Hong Kong. Evidence of this shift in priorities in the global fight against HPAI can be found most clearly in program funding trends. In late 2008 and into 2009, financial commitments from international donors for all HPAI programs dropped significantly. Meanwhile, within HPAI programs, funding shifted substantially away from animal biosecurity projects and into human response and preparedness work. This Article examines three reasons for this shift …


Charity Care: How Much Of A Good Thing?, Graham Bowman Jan 2012

Charity Care: How Much Of A Good Thing?, Graham Bowman

Public Interest Law Reporter

No abstract provided.


Growing The Toolbox: Diverse Strategies For Public Interest Lawyers In Campaigns To Expand Access To Health Care For Low-Income People, John Bouman Jan 2012

Growing The Toolbox: Diverse Strategies For Public Interest Lawyers In Campaigns To Expand Access To Health Care For Low-Income People, John Bouman

Public Interest Law Reporter

No abstract provided.


The Invisible Uninsured: Non-Citizens And Access To Health Care Coverage Under The Affordable Care Act, Stephanie Altman, Gene Stephens, Annika Yates Jan 2012

The Invisible Uninsured: Non-Citizens And Access To Health Care Coverage Under The Affordable Care Act, Stephanie Altman, Gene Stephens, Annika Yates

Public Interest Law Reporter

No abstract provided.


Barefoot And Pregnant: How The Patient Protection Affordable Care Act Will Leave Young Mothers To Fend For Themselves, Tyler Hanson Jan 2012

Barefoot And Pregnant: How The Patient Protection Affordable Care Act Will Leave Young Mothers To Fend For Themselves, Tyler Hanson

Public Interest Law Reporter

No abstract provided.


Madness In The Hole: Solitary Confinement And Mental Health Of Prison Inmates, Emily Coffey Jan 2012

Madness In The Hole: Solitary Confinement And Mental Health Of Prison Inmates, Emily Coffey

Public Interest Law Reporter

No abstract provided.


A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers., Jarod S. Gonzalez Jan 2012

A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers., Jarod S. Gonzalez

St. Mary's Law Journal

Citizens serving on a civil jury are entrusted with making factual decisions about disputes that impact legal rights and remedies of litigants and set standards for the behavior of the public. Unfortunately, civil jury trials take place less frequently in twenty-first century Texas than in prior eras. Part of the justice system’s rejuvenation should involve a re-evaluation and improvement of the current process for selecting civil juries. Currently, the primary flaw in Texas jury selection procedures is the one-size-fits-all approach. Because some cases need twelve impartial jurors who are lay persons, and others require twelve people who are knowledgeable of …


Expanding Protective Order Coverage., Kellie K. Player Jan 2012

Expanding Protective Order Coverage., Kellie K. Player

St. Mary's Law Journal

The Texas legislature should eliminate the relationship requirement for a protective order. Although the Texas legislature passed the Kristy Appleby Act, which expanded the definition of dating violence, some victims of domestic violence may still be unable to qualify for a protective order. Specifically, some third-party individuals in a love triangle may not be eligible to receive a protective order. In Texas, a potential or current victim of domestic abuse needs to demonstrate a relationship with the perpetrator. Despite the broadened definition of relationship, some potential victims may still be unable to meet this burden. If the person cannot, they …