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Articles 241 - 270 of 414
Full-Text Articles in Health Law and Policy
Occupational Licensing And The Limits Of Public Choice Theory, Ryan Nunn, Gabriel Scheffler
Occupational Licensing And The Limits Of Public Choice Theory, Ryan Nunn, Gabriel Scheffler
Articles
No abstract provided.
The Shadows Of Life: Medicaid's Failure Of Health Care's Moral Test, Barak D. Richman, Kushal T. Kadakia, Shivani A. Shah
The Shadows Of Life: Medicaid's Failure Of Health Care's Moral Test, Barak D. Richman, Kushal T. Kadakia, Shivani A. Shah
Annals of Health Law and Life Sciences
No abstract provided.
Human Pipeline To The Continental United States: Puerto Rico’S Trafficking Of A Vulnerable Population As A Violation Of The Right To Health, Sarah Dávila A.
Human Pipeline To The Continental United States: Puerto Rico’S Trafficking Of A Vulnerable Population As A Violation Of The Right To Health, Sarah Dávila A.
Faculty White Papers
No abstract provided.
Viral Sovereignty, Intellectual Property, And The Changing Global System For Sharing Pathogens For Infectious Disease Research, Sam Halabi
Annals of Health Law and Life Sciences
No abstract provided.
Hipaa's Privacy Rule And State Privacy Laws: Roadblocks To Medical Organizations' Self-Policing Expert Medical Testimony, Miles J. Zaremski, Douglas M. Belofsky
Hipaa's Privacy Rule And State Privacy Laws: Roadblocks To Medical Organizations' Self-Policing Expert Medical Testimony, Miles J. Zaremski, Douglas M. Belofsky
Annals of Health Law and Life Sciences
No abstract provided.
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
Foreword, Mary Hannosh
Successes And Failures Of Social Health Insurance Schemes In Africa - Nigeria Versus Ghana And Rwanda: A Comparative Analysis, Obiajulu Nnamuchi, Jirinwayo Jude Odinkonigbo, Uju Beatrice Obuka, Helen Agu
Successes And Failures Of Social Health Insurance Schemes In Africa - Nigeria Versus Ghana And Rwanda: A Comparative Analysis, Obiajulu Nnamuchi, Jirinwayo Jude Odinkonigbo, Uju Beatrice Obuka, Helen Agu
Annals of Health Law and Life Sciences
No abstract provided.
Foreword, Mary Hannosh
Preparing To Age In Place: The Role Of Medicaid Waivers In Elder Abuse Prevention, Tara Sklar, Rachel Zuraw
Preparing To Age In Place: The Role Of Medicaid Waivers In Elder Abuse Prevention, Tara Sklar, Rachel Zuraw
Annals of Health Law and Life Sciences
No abstract provided.
The Tools At Hand: Medicaid Payment Reform For People With Complex Medical Needs, John V. Jacobi
The Tools At Hand: Medicaid Payment Reform For People With Complex Medical Needs, John V. Jacobi
Annals of Health Law and Life Sciences
No abstract provided.
Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public’S Health
Florida A & M University Law Review
This Article will examine the unequal treatment of the sexes under the law with regard to prophylactic treatments against STDs. The second section of this Article will discuss the ethical and legal issues in the use of prophylactic treatments and the issues involving informed consent regarding their use. The third section of this Article will discuss the historic and current use of prophylactic surgeries on both sexes to prevent disease and the challenges that have been raised against such practices. The fourth section of this Article will discuss the use of the H.P.V. vaccinations in both sexes to reduce the …
Healing The Healers: Legal Remedies For Physician Burnout, Sharona Hoffman
Healing The Healers: Legal Remedies For Physician Burnout, Sharona Hoffman
Faculty Publications
A career as a doctor was long considered to be among the best professional paths that one could pursue. But medicine may no longer be the sought-after career that it once was. All too often, doctors, struggling with the demands of electronic health record systems and a myriad of administrative and regulatory responsibilities, find that they fail to derive much joy from their work and become victims of burnout. Physician burnout is an acute concern in the medical community, with over half of doctors reporting that they suffer from it. Physician burnout is a public health threat. Doctors who are …
What Genetic Testing Teaches About Long-Term Predictive Health Analytics Regulation, Sharona Hoffman
What Genetic Testing Teaches About Long-Term Predictive Health Analytics Regulation, Sharona Hoffman
Faculty Publications
The ever-growing phenomenon of predictive health analytics is generating significant excitement, hope for improved health outcomes, and potential for new revenues. Researchers are developing algorithms to predict suicide, heart disease, stroke, diabetes, cognitive decline, future opioid abuse, and other ailments. The researchers include not only medical experts, but also commercial enterprises such as Facebook and LexisNexis, who may profit from the work considerably. This Article focuses on long-term disease predictions (predictions regarding future illnesses), which have received surprisingly little attention in the legal and ethical literature. It compares the robust academic and policy debates and legal interventions that followed the …
A Mathematical Solution To The Sine Of Madness That Is Pharmaceutical Compulsory Licensing Under The Trips Agreement And The Doha Declaration, Ashley E. Sperbeck
A Mathematical Solution To The Sine Of Madness That Is Pharmaceutical Compulsory Licensing Under The Trips Agreement And The Doha Declaration, Ashley E. Sperbeck
Marquette Intellectual Property Law Review
A viable economic solution is necessary to address the shortcomings, textual ambiguities, and deficiencies engulfing international patent protection, leading to the inability of LDCs facing public health crises or national emergencies and lacking pharmaceutical manufacturing facilities to obtain generic pharmaceuticals. This Note poses a solution to this problem via another Amendment to the TRIPS Agreement and the Doha Declaration, which provides a mathematical framework to determine when and under what circumstances a compulsory license should be granted. Furthermore, this Note contemplates establishment of a WTO subcommittee to oversee this proposed solution and to ensure compliance with this Amendment. This concrete …
Tribal Sovereign Immunity As A Defense At The Patent Trial And Appeal Board? Or A Violation Of U.S. Antitrust Laws?, Samantha Roth
Tribal Sovereign Immunity As A Defense At The Patent Trial And Appeal Board? Or A Violation Of U.S. Antitrust Laws?, Samantha Roth
Marquette Intellectual Property Law Review
This Comment will address two primary issues. First, it will analyze the basis of sovereign immunity rights of tribes, with a focus on the relationship between intellectual property rights and sovereignty. Second, it will discuss whether this arrangement violates the antitrust laws of the United States. This Comment concludes that even if a claim of tribal sovereign immunity is legitimate, it is likely that such an arrangement still violates the relevant antitrust claims.
Opting Into Device Regulation In The Face Of Uncertain Patentability, Rebecca S. Eisenberg
Opting Into Device Regulation In The Face Of Uncertain Patentability, Rebecca S. Eisenberg
Marquette Intellectual Property Law Review
This article examines the intersection of patent law, FDA regulation, and Medicare coverage in a particularly promising field of biomedical innovation: genetic diagnostic testing. First, I will discuss current clinical uses of genetic testing and directions for further research, with a focus on cancer, the field in which genetic testing has had the greatest impact to date. Second, I will turn to patent law and address two recent Supreme Court decisions that called into question the patentability of many of the most important advances in genetic testing. Third, I will step outside patent law to take a broader view of …
Finding A Forest Through The Trees: Georgia-Pacific As Guidance For Arbitration Of International Compulsory Licensing Disputes, Karen Mckenzie
Finding A Forest Through The Trees: Georgia-Pacific As Guidance For Arbitration Of International Compulsory Licensing Disputes, Karen Mckenzie
Marquette Intellectual Property Law Review
This paper will examine the challenges of international compulsory licensing by examining the issue historically and legally as well as offer possible solutions. Thus, this paper will explore the challenge of balancing corporate interests against the affordability and availability of pharmaceuticals by focusing on discrete situations in developing countries, the history of compulsory licensing, and how the World Health Organization (the “WHO”) and the WTO have attempted to tackle these challenges through compulsory licensing, and it will suggest a possible framework for use in arbitration, which balances equities through a Georgia-Pacific analysis.
Health Justice For Immigrants, Medha D. Makhlouf
Health Justice For Immigrants, Medha D. Makhlouf
Faculty Scholarly Works
Should universal health coverage include immigrants within the “universe?” Should federal taxpayers subsidize health insurance coverage for immigrants, even those who are undocumented? Should all immigrants be required to purchase health insurance? Although the Affordable Care Act (ACA) is conceived as a progressive project to expand access to coverage and promote equity in health care, it intentionally left out the 12.5 million undocumented immigrants living in the United States and preserved the existing restrictions on subsidized coverage for lawfully present non-citizens. In fact, it increased the disparity in access to health care between U.S. citizens and immigrants. As a result, …
Health Law: Sb 17 And State Regulation Of Drug Pricing, Jaime S. King, Katherine L. Gudiksen
Health Law: Sb 17 And State Regulation Of Drug Pricing, Jaime S. King, Katherine L. Gudiksen
The Judges' Book
No abstract provided.
Justice And Public Health, Govind Persad
Justice And Public Health, Govind Persad
Sturm College of Law: Faculty Scholarship
This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing examples such as mandatory treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to …
Patents And The Pharmaceutical Industry: Curbing The Abusive Practices Employed By Blockbuster Drug Companies To Prolong Market Exclusivity, Kelley Chandler
Patents And The Pharmaceutical Industry: Curbing The Abusive Practices Employed By Blockbuster Drug Companies To Prolong Market Exclusivity, Kelley Chandler
Cornell Journal of Law and Public Policy
Patent law in the pharmaceutical space presents unique challenges. Interactions between patent terms, the FDA, the drug development process, and the need for quality medical solutions create a complex dynamic which leads to uncertainty. This uncertainty makes it difficult to discern between solutions which might be effective, and solutions which will spawn new challenges where they so intently sought to eliminate old ones. Although Hatch-Waxman was a success in many ways, in other ways it has proven to frustrate the purposes behind its enactment. The suggestions presented here are a sound starting point for alleviating some of the burden plaguing …
Believing Survivors: In Veterans Affairs Benefits Claims, No In-Service Report Is Required To Prove An Instance Of Military Sexual Trauma, Allysen Adrian
Believing Survivors: In Veterans Affairs Benefits Claims, No In-Service Report Is Required To Prove An Instance Of Military Sexual Trauma, Allysen Adrian
Marquette Benefits and Social Welfare Law Review
AZ v. Shinseki held that the Department of Veterans Affairs could not treat the absence of military documentation of an in-service sexual assault as proof that the assault never occurred. Nor can the Department of Veterans Affairs assert that a veteran’s decision not to report an instance of sexual trauma to military authorities is proof that the assault did not occur. A veteran’s submission of testimonial lay evidence can supplant the lack of report. This holding aligns with the Department of Veterans Affairs’ duty to consider all evidence in the file and to maximize benefits for the veteran.
Informed Consent: Does “Ok” Really Mean “Ok?”, Michael Flynn
Informed Consent: Does “Ok” Really Mean “Ok?”, Michael Flynn
Faculty Scholarship
No abstract provided.
Contemporary Aspects Of Female Genital Mutilation Prohibitions In The United States, Limor Ezioni
Contemporary Aspects Of Female Genital Mutilation Prohibitions In The United States, Limor Ezioni
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Legal Discrimination Against Organ Transplant Candidates: Medicinal Marijuana And The Double-Edged Sword, 52 Uic J. Marshall L. Rev. 859 (2019), Kyle Jorgensen
Legal Discrimination Against Organ Transplant Candidates: Medicinal Marijuana And The Double-Edged Sword, 52 Uic J. Marshall L. Rev. 859 (2019), Kyle Jorgensen
UIC Law Review
No abstract provided.
A Black Box For Patient Safety?, Nathan Cortez
A Black Box For Patient Safety?, Nathan Cortez
Faculty Journal Articles and Book Chapters
Technology now makes it possible to record surgical procedures with striking granularity. And new methods of artificial intelligence (A.I.) and machine learning allow data from surgeries to be used to identify and predict errors. These technologies are now being deployed, on a research basis, in hospitals around the world, including in U.S. hospitals. This Article evaluates whether such recordings – and whether subsequent software analyses of such recordings – are discoverable and admissible in U.S. courts in medical malpractice actions. I then argue for reformulating traditional "information policy" to accommodate the use of these new technologies without losing sight of …
Digital Health And Regulatory Experimentation At The Fda, Nathan Cortez
Digital Health And Regulatory Experimentation At The Fda, Nathan Cortez
Faculty Journal Articles and Book Chapters
For well over a decade the U.S. Food and Drug Administration (FDA) has been told that its framework for regulating traditional medical devices is not modern or flexible enough to address increasingly novel digital health technologies. Very recently, however, the FDA introduced a series of digital health initiatives that represent important experiments in medical product regulation, departing from longstanding precedents applied to therapeutic products like drugs and devices. The FDA will experiment with shifting its scrutiny from the pre-market to the post-market phase, shifting the locus of regulation from products to firms, and shifting from centralized government review to decentralized …
The 'Wild West' Of Medicine: An Argument For Adopting The United Kingdom's 'Hfea' Framework, To Improve The Market For Assisted Reproduction In The United States, Ellen S. Fischer
The 'Wild West' Of Medicine: An Argument For Adopting The United Kingdom's 'Hfea' Framework, To Improve The Market For Assisted Reproduction In The United States, Ellen S. Fischer
Northwestern Journal of International Law & Business
No abstract provided.
Conversion Therapy: A Brief Reflection On The History Of The Practice And Contemporary Regulatory Efforts, Tiffany C. Graham
Conversion Therapy: A Brief Reflection On The History Of The Practice And Contemporary Regulatory Efforts, Tiffany C. Graham
Scholarly Works
This brief symposium essay offers a broad-stroke sketch of the history of conversion therapy, its current status as a locus of regulation, and some preliminary questions about the direction the law might take to protect individuals who elect or are forcibly subjected to the practice.