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Articles 1 - 20 of 20
Full-Text Articles in Medicine and Health Sciences
Preimplantation Genetic Testing: A Fundamental Right, Julianna S. Swann
Preimplantation Genetic Testing: A Fundamental Right, Julianna S. Swann
William & Mary Journal of Race, Gender, and Social Justice
Unlike many European countries of similar economic, social, scientific, and political advancement, there is virtually no regulation of preimplantation genetic testing in the United States. This Note will explore preimplantation genetic testing and demonstrate that potential parents in the United States have a right to conduct said testing under the umbrella of the fundamental right to privacy. This Note will demonstrate the need for the regulation for preimplantation genetic testing that will comply with the Undue Burden Test set out in Planned Parenthood v. Casey, while acknowledging and supporting the fundamental right of potential parents to conduct testing. This …
How Analogizing Socio-Legal Responses To Organ Transplantation Can Further The Legalization Of Reproductive Genetic Innovation, Myrisha S. Lewis
How Analogizing Socio-Legal Responses To Organ Transplantation Can Further The Legalization Of Reproductive Genetic Innovation, Myrisha S. Lewis
Faculty Publications
The Nobel Foundation emphasized the significance of genetic innovation to society, science, and medicine by awarding the 2020 Nobel Prize in Chemistry to “the CRISPR/Cas9 genetic scissors.” This Article focuses on “reproductive genetic innovation,” a term that includes cytoplasmic transfer, mitochondrial transfer, and germline or heritable gene editing techniques that are all categorized as “experimental” in the United States. These techniques all use in vitro fertilization, a legal and widely available practice. Yet reproductive genetic innovation has resulted in controversy and numerous barriers including a recurring federal budget rider, threats of federal enforcement action, and the unavailability of federal funding. …
Is Germline Gene Editing Exceptional?, Myrisha S. Lewis
Is Germline Gene Editing Exceptional?, Myrisha S. Lewis
Faculty Publications
Advances in gene editing have recently received significant scientific and media attention. Gene editing, especially CRISPR-Cas9, has revived multiple longstanding ethical debates, including debates related to parental autonomy, health disparities, disability perspectives, and racial and economic inequalities. Germline, or heritable, gene editing generates several newer, neglected bioethical debates, including those about the shared human germline and whether there is a "line" that humans should not cross.
This Article addresses several interrelated ethical and legal questions related to germline gene editing. Those questions address why, if at all, germline gene editing needs to be regulated and, if germline gene editing needs …
Genetic Duties, Jessica L. Roberts, Alexandra L. Foulkes
Genetic Duties, Jessica L. Roberts, Alexandra L. Foulkes
William & Mary Law Review
Most of our genetic information does not change, yet the results of our genetic tests might. Labs reclassify genetic variants in response to advances in genetic science. As a result, a person who took a test in 2010 could take the same test with the same lab in 2020 and get a different result. However, no legal duty requires labs or physicians to inform patients when a lab reclassifies a variant, even if the reclassification communicates clinically actionable information. This Article considers the need for such duties and their potential challenges. In so doing, it offers much-needed guidance to physicians …
When Improper Disposal Leads To More Than Hospital Visits: The Need For A National Standard For Used Medical Sharps, Albana Zherka
When Improper Disposal Leads To More Than Hospital Visits: The Need For A National Standard For Used Medical Sharps, Albana Zherka
William & Mary Environmental Law and Policy Review
No abstract provided.
Telemedicine And Malpractice: Creating Uniformity At The National Level, Tyler D. Wolf
Telemedicine And Malpractice: Creating Uniformity At The National Level, Tyler D. Wolf
William & Mary Law Review
Picture this: an elderly gentleman living alone, isolated in a rural, midwestern locale. One day, this elderly gentleman awakes to find a distinct rash forming on his chest. The nearest doctor capable of performing an examination is located over a hundred miles away, and this man has not driven more than ten miles in twenty years. Shambling into his living room, the elderly man logs onto his computer and begins typing. Within twenty minutes he is videoconferencing with a doctor who examines the rash remotely and makes a diagnosis.
Through advances in telemedicine, the scenario described above is becoming an …
Yielding To The Necessities Of A Great Public Industry: Denial And Concealment Of The Harmful Health Effects Of Coal Mining, Caitlyn Greene, Patrick Charles Mcginley
Yielding To The Necessities Of A Great Public Industry: Denial And Concealment Of The Harmful Health Effects Of Coal Mining, Caitlyn Greene, Patrick Charles Mcginley
William & Mary Environmental Law and Policy Review
In the mid-nineteenth century, coal mined in Central Appalachia began to flow into industrial markets. Those mines and the coal they produced provided jobs, put food on family tables in coalfield households, and even provided housing for hundreds of thousands of coal miners and their families. The bounty from America’s expanding coalfields fueled the Industrial Revolution and powered the nation’s steel mills, factories,steamboats, and railroads. It powered America’s defense through two World Wars and later military conflicts. Coal-fired power plants generated more than half of the electricity used in the United States in the latter quarter of the twentieth century. …
The Biologics Price Competition And Innovation Act: Is A Generic Market For Biologics Attainable?, Kasey E. Koballa
The Biologics Price Competition And Innovation Act: Is A Generic Market For Biologics Attainable?, Kasey E. Koballa
William & Mary Business Law Review
The Biologics Price Competition and Innovation Act of 2009 (BPCIA) provides an abbreviated approval pathway for biological therapeutic products shown to be biosimilar to an FDA-approved biological reference product. The BPCIA purported to reduce the price of biologics while promoting innovation. In two recent cases, the Federal Circuit interpreted a key provision of the BPCIA requiring an applicant to provide the reference product sponsor with notice 180 days before marketing the product. The Federal Circuit’s interpretation extends the exclusivity period already provided for the reference product sponsor, deterring innovation and price reduction. Thus, the Supreme Court granted certiorari in one …
A Travesty Of Justice: Revisiting Harris V. Mcrae, Jill E. Adams, Jessica Arons
A Travesty Of Justice: Revisiting Harris V. Mcrae, Jill E. Adams, Jessica Arons
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Compulsory Water Fluoridation: Justifiable Public Health Benefit Or Human Experimental Research Without Informed Consent?, Rita Barnett-Rose
Compulsory Water Fluoridation: Justifiable Public Health Benefit Or Human Experimental Research Without Informed Consent?, Rita Barnett-Rose
William & Mary Environmental Law and Policy Review
No abstract provided.
Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton
Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Adequate Assurance Or Medical Mediocrity: An Analysis Of The Limits On The Affordable Care Act's Application To Women's Health, Nicole M. Hartz
Adequate Assurance Or Medical Mediocrity: An Analysis Of The Limits On The Affordable Care Act's Application To Women's Health, Nicole M. Hartz
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades
Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades
Faculty Publications
No abstract provided.
Genetic Health And Eugenics Precedents: A Voice Of Caution, Larry I. Palmer
Genetic Health And Eugenics Precedents: A Voice Of Caution, Larry I. Palmer
Faculty Publications
No abstract provided.
Disease Management And Liability In The Human Genome Era, Larry I. Palmer
Disease Management And Liability In The Human Genome Era, Larry I. Palmer
Faculty Publications
No abstract provided.
The Integrity Of Death: Resolving Dilemmas In Medicine, Larry I. Palmer
The Integrity Of Death: Resolving Dilemmas In Medicine, Larry I. Palmer
Faculty Publications
No abstract provided.
Patient Safety, Risk Reduction, And The Law, Larry I. Palmer
Patient Safety, Risk Reduction, And The Law, Larry I. Palmer
Faculty Publications
No abstract provided.
The Biological Alteration Cases, Sheldon Gelman
The Biological Alteration Cases, Sheldon Gelman
William & Mary Law Review
No abstract provided.
A Rejoinder, Larry I. Palmer
Anencephalic Newborns As Organ Donors: An Assessment Of "Death" And Legislative Policy, Kathleen L. Paliokas
Anencephalic Newborns As Organ Donors: An Assessment Of "Death" And Legislative Policy, Kathleen L. Paliokas
William & Mary Law Review
No abstract provided.