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Articles 31 - 52 of 52
Full-Text Articles in Medical Jurisprudence
What About The Children? A Call For Regulation Of Assisted Reproductive Technology, Cahterine A. Clements
What About The Children? A Call For Regulation Of Assisted Reproductive Technology, Cahterine A. Clements
Indiana Law Journal
No abstract provided.
The Anatomy Of A Medical Malpractice Verdict, Thomas M. O'Toole, Bruce A. Boyd, Theodore O. Prosise
The Anatomy Of A Medical Malpractice Verdict, Thomas M. O'Toole, Bruce A. Boyd, Theodore O. Prosise
Montana Law Review
Anatomy of a Medical Malpractice Verdict
Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith
Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith
Campbell Law Review
No abstract provided.
Neuroscience And Health Law: An Integrative Approach?, Stacey A. Tovino
Neuroscience And Health Law: An Integrative Approach?, Stacey A. Tovino
Faculty Articles
Clinicians and scientists use functional magnetic resonance imaging (fMRI) to map sensory, motor, and cognitive function and to study the neural correlates of a range of physical and mental conditions, behaviors, characteristics, and preferences. Due to its move outside the clinical and research contexts, fMRI raises a number of ethical, legal, and social issues that are being examined within the overlapping fields of neuroethics and neurolaw. The early neuroethics and neurolaw scholarship focused heavily on the implications of fMRI for evidence law, criminal law, criminal procedure, and constitutional law. Little attention has been paid, however, to the implications of advances …
Lesbians, Gays, And People Living With Hiv: Facing And Fighting Barriers To Assisted Reproduction, Bebe J. Anderson
Lesbians, Gays, And People Living With Hiv: Facing And Fighting Barriers To Assisted Reproduction, Bebe J. Anderson
Cardozo Journal of Equal Rights & Social Justice
Numerous discriminatory barriers limit the ability of gays, lesbians, and people living with HIV to participate in assisted reproduction. Many of these barriers are created by laws and regulations, such as state laws criminalizing sperm donation by people living with HIV, and insurance regulations that are interpreted to limit infertility coverage to persons who have engaged in unprotected heterosexual intercourse that has not resulted in pregnancy. Other barriers are rooted in policies or practices of individual entities or individuals. For example, a gay man in Florida and a lesbian in California denied fertility services due to their sexual orientation have …
Gardasil A Year Later: Cervical Cancer As A Model For Inequality Of Access To Health Services, Micah Globerson
Gardasil A Year Later: Cervical Cancer As A Model For Inequality Of Access To Health Services, Micah Globerson
Cardozo Journal of Equal Rights & Social Justice
This article updates a prior feminist legal analysis of Gardasil, the vaccine against Human Papillomavirus ("HPV"), in light of new developments. Recent discoveries confirming that HPV poses threats to men led Merck & Co. ("Merck") to apply for FDA approval to market Gardasil to males. These developments have renewed focus on the recurring question of whether making Gardasil vaccination a prerequisite for boys' school participation will arouse the same public condemnation that resulted from the prior mandate targeting girls. Another new development involves a vaccine panel recommendation by the Centers for Disease Control ("CDC") that inadvertently resulted in a policy …
Through A Scanner Darkly: The Use Of Fmri As Evidence Of Mens Rea, Teneille Brown, Emily R. Murphy
Through A Scanner Darkly: The Use Of Fmri As Evidence Of Mens Rea, Teneille Brown, Emily R. Murphy
Journal of Law and Health
Tonight we are pleased to host an event exploring fMRI and its legal significance. Although [neuroimaging] is still an emerging technology, it has proven to be very consequential in at least one situation. In September 2008, the New York Times reported that a court in India allowed the use of brain scan images in a criminal case, which ultimately led to the conviction of an Indian woman accused of poisoning her fiance. To this day, the Indian woman maintains her innocence. Hank Greely, a bioethicist at Stanford Law School and a colleague of our speakers, commented on the verdict, [characterizing …
A Change For The Better: The Ada Amendments Act Of 2008, Jason Lewis
A Change For The Better: The Ada Amendments Act Of 2008, Jason Lewis
Public Interest Law Reporter
No abstract provided.
Medical Malpractice Reform: A Silver Bullet For The Health Care Crisis?, Ian Barney
Medical Malpractice Reform: A Silver Bullet For The Health Care Crisis?, Ian Barney
Public Interest Law Reporter
No abstract provided.
Can Patent Protections Trample Civil Liberties? The Aclu Challenges The Patentability Of Breast Cancer Genes, Ann Weilbaecher
Can Patent Protections Trample Civil Liberties? The Aclu Challenges The Patentability Of Breast Cancer Genes, Ann Weilbaecher
Public Interest Law Reporter
No abstract provided.
Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith
Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith
Journal Publications
The world of organ transplantation remains a wealthy one, especially in the United States. This is especially true for kidney transplantations, which involve the solid organ most in demand. Increasingly, transplant professionals desperately push for more solutions to overcome the organ transplant shortage that exists in the United States. Congress has introduced legislation that addresses the additional problem of the high cost of post-transplant anti-rejection medications by providing that the government will pay eighty percent of the cost for the post-transplant medications for life. But unless this bill passes and other needed changes are made, kidney transplantation remains an option …
His Brain Has Been Mismanaged With Great Skill: How Will Jurors Respond To Neuroimaging Testimony In Insanity Defense Cases, Michael L. Perlin
His Brain Has Been Mismanaged With Great Skill: How Will Jurors Respond To Neuroimaging Testimony In Insanity Defense Cases, Michael L. Perlin
Articles & Chapters
The robust debate over neuroimaging has highlighted a series of law-and-policy questions dealing primarily with reliability, admissibility and availability. When we consider the topic that I will be addressing in this paper - the impact of this evidence on juror decision-making in insanity defense cases - we need to recalibrate our focus so as to incorporate other questions that are as essential (most likely, more essential) to the resolution of the underlying dilemma: (1) to what extent will such evidence - apparently, less inherently easy to falsify - have on jurors whose inherent suspicion of mental state opinion testimony is …
Bad Medicine: On Disciplining Physician Felons, Milton Heumann, Brian Pinaire, Simon Burger
Bad Medicine: On Disciplining Physician Felons, Milton Heumann, Brian Pinaire, Simon Burger
Cardozo Journal of Conflict Resolution
Perhaps it is the white coat or the degrees encased and mounted on the wall. Perhaps it is the Hippocratic Oath that new physicians recite and that established physicians have putatively internalized over time, or perhaps it is the title, "Doctor," which conjures up images of a stethoscope, a black bag, house calls, nurture, and trust. When we are sick, we head to the doctor. Young children are urged to become doctors. When we watch television or go to the movies doctors are, with certain recent exceptions, portrayed in a positive light as compared to lawyers or politicians. In this …
Kidneys, Cash, And Kashrut: A Legal, Economic, And Religious Analysis Of Selling Kidneys, Robert E. Steinbuch
Kidneys, Cash, And Kashrut: A Legal, Economic, And Religious Analysis Of Selling Kidneys, Robert E. Steinbuch
Law Faculty Scholarship
No abstract provided.
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
Journal Articles
This article addresses the impact of integration of academia, industry, and government on the public nature of research. The article concludes that, while the integration has benefited science immensely, regulatory measures should be taken to restore the public nature of research in an age of integration.
The Manitoba College Of Physicians And Surgeons Position Statement On Withholding And Withdrawal Of Life-Sustaining Treatment (2008): Three Problems And A Solution, Jocelyn Downie, Karen Mcewen
The Manitoba College Of Physicians And Surgeons Position Statement On Withholding And Withdrawal Of Life-Sustaining Treatment (2008): Three Problems And A Solution, Jocelyn Downie, Karen Mcewen
Articles, Book Chapters, & Popular Press
The College of Physicians and Surgeons of Manitoba (CPSM) recently issued a Statement on Withholding and Withdrawl of Life-Sustaining Treatment (2008). The College should be given enormous credit for trying to provide guidance with respect to physicians' obligations in an area of great confusion and controversy. Unfortunately, however, there are some very serious flaws in the Statement. In this paper, we describe three major problems with it that we believe make the case for the claim that the Statement must be revised. We then provide a revised statement that, if adopted, could represent significant progress as it would provide: greater …
Demythologizing Phosita: Applying The Non-Obviousness Requirement Under Canadian Patent Law To Keep Knowledge In The Public Domain & Foster Innovation, Matthew Herder
Articles, Book Chapters, & Popular Press
The Supreme Court of Canada recently revised the doctrine of non-obviousness in a pharmaceutical “selection patent” case, Apotex Inc. v. Sanofi-Synthelabo Canada Inc. Although cognizant of changes to the same doctrine in the United States and the United Kingdom, a critical flaw in how the doctrine is being applied in Canada escaped the Court’s attention. Using content analysis methodology, this article shows that Canadian courts frequently fail to characterize the “person having ordinary skill in the art” (PHOSITA) for the purpose of the obviousness inquiry. The article argues that this surprisingly common analytical mistake betrays a deep misunderstanding of innovation, …
Moral Authority In English And American Abortion Law, Joanna Erdman
Moral Authority In English And American Abortion Law, Joanna Erdman
Articles, Book Chapters, & Popular Press
In R. (on the application of Axon) v. Secretary of State for Health & Another, the English High Court affirmed that young women are entitled to seek and receive sexual health care, including abortion care, without parental notification. This chapter examines the Court’s use of comparative constitutional authorities in its reasoning, focusing on the rejection of American authorities. Contrast and rejection, it is argued, can be an exercise in self-reflection, revealing how a court understands its own constitutional approach. Aversive constitutionalism presents opportunities to deconstruct claimed similarities and differences in constitutional approaches, to uncover and contest characteristics and assumptions otherwise …
Equality, I Spoke That Word/ As If A Wedding Vow: Mental Disability Law And How We Treat Marginalized Persons, Michael L. Perlin
Equality, I Spoke That Word/ As If A Wedding Vow: Mental Disability Law And How We Treat Marginalized Persons, Michael L. Perlin
Articles & Chapters
No abstract provided.
Federalization Snowballs: The Need For National Action In Medical Malpractice Reform, Abigail Moncrieff
Federalization Snowballs: The Need For National Action In Medical Malpractice Reform, Abigail Moncrieff
Faculty Scholarship
Because tort law generally and healthcare regulation specifically are traditional state functions and because medical, legal, and insurance practices are highly localized, legal scholars have long believed that medical malpractice falls within the states' exclusive jurisdiction and sovereignty. Indeed, this view is so widely held that modern legal scholarship takes it for granted. Articles on general federalism issues use medical malpractice as an easy example of a policy in which federal intervention lacks functional justification, and articles that focus on federalization of other tort reforms use medical malpractice as an easy foil, pointing out that the uniformity interest that justifies …
The Work/Family Balance: New York's Struggle To Harmonize Domestic And Employment Spheres, Kerry Anne Hoffman
The Work/Family Balance: New York's Struggle To Harmonize Domestic And Employment Spheres, Kerry Anne Hoffman
Cardozo Journal of Equal Rights & Social Justice
The note examines the challenges faced by American workers in balancing work and family responsibilities, highlighting the limitations of the Family and Medical Leave Act (FMLA) and advocating for the implementation of paid family leave policies. It emphasizes the need for both federal and state-level reforms to address the financial and societal barriers that prevent employees, particularly low-income families and single parents, from utilizing unpaid leave. The note also explores the progress made by states like California, New Jersey, and Washington in enacting paid family leave legislation, while noting the ongoing political opposition to such measures in New York. It …
Social Factoring The Numbers With Assisted Reproduction, Bridget J. Crawford, Lolita Buckner Inniss
Social Factoring The Numbers With Assisted Reproduction, Bridget J. Crawford, Lolita Buckner Inniss
Publications
In early 2009 the airwaves came alive with sensational stories about Nadya Suleman, the California mother who gave birth to octuplets conceived via assisted reproductive technology. Nadya Suleman and her octuplets are vehicles through which Americans express their anxiety about race, class and gender. Expressions of concern for the health of children, the mother's well-being, the future of reproductive medicine or the financial drain on taxpayers barely conceal deep impulses towards racism, sexism and classism. It is true that the public has had a longstanding fascination with multiple births and with large families. This is evidenced by a long history …