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Medicine and Health Sciences Commons

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Health Law and Policy

2005

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Articles 31 - 48 of 48

Full-Text Articles in Medicine and Health Sciences

The 800 Pound Gorilla Sleeps: The Federal Government's Lackadaisical Liability And Compensation Policies In The Context Of Pre-Event Vaccine Immunization Programs, Michael Greenberger Jan 2005

The 800 Pound Gorilla Sleeps: The Federal Government's Lackadaisical Liability And Compensation Policies In The Context Of Pre-Event Vaccine Immunization Programs, Michael Greenberger

Journal of Health Care Law and Policy

No abstract provided.


Old Legacies And New Paradigms: Confusing "Research" And "Treatment" And Its Consequences In Responding To Emergent Health Threats, Gail H. Javitt Jan 2005

Old Legacies And New Paradigms: Confusing "Research" And "Treatment" And Its Consequences In Responding To Emergent Health Threats, Gail H. Javitt

Journal of Health Care Law and Policy

No abstract provided.


Introduction: Use Of Patients For Teaching Purposes Without Their Knowledge Or Consent, Michelle Oberman Jan 2005

Introduction: Use Of Patients For Teaching Purposes Without Their Knowledge Or Consent, Michelle Oberman

Journal of Health Care Law and Policy

No abstract provided.


Pelvic Examinations Under Anesthesia: An Important Teaching Tool, Jennifer Goedken Jan 2005

Pelvic Examinations Under Anesthesia: An Important Teaching Tool, Jennifer Goedken

Journal of Health Care Law and Policy

No abstract provided.


Do Pregnant Women Have (Living) Will?, Daniel Sperling Jan 2005

Do Pregnant Women Have (Living) Will?, Daniel Sperling

Journal of Health Care Law and Policy

No abstract provided.


Big Tobacco And Hollywood: Kicking The Habit Of Product Placement And On-Screen Smoking, Matthew S. Fuchs Jan 2005

Big Tobacco And Hollywood: Kicking The Habit Of Product Placement And On-Screen Smoking, Matthew S. Fuchs

Journal of Health Care Law and Policy

No abstract provided.


Liberty Or Death: Maryland Improves Upon The Model State Emergency Health Powers Act, Franklin H. Alden Jr. Jan 2005

Liberty Or Death: Maryland Improves Upon The Model State Emergency Health Powers Act, Franklin H. Alden Jr.

Journal of Health Care Law and Policy

No abstract provided.


Faster, Higher, Stronger? Federal Efforts To Criminalize Anabolic Steroids And Steroid Precursors, Adrian Wilairat Jan 2005

Faster, Higher, Stronger? Federal Efforts To Criminalize Anabolic Steroids And Steroid Precursors, Adrian Wilairat

Journal of Health Care Law and Policy

No abstract provided.


Ending The Exploitation Of The Vulnerable: The Promise Of The Intersection Of American Bioethics, Human Rights, And Health Law, Ruqaiijah Yearby Jan 2005

Ending The Exploitation Of The Vulnerable: The Promise Of The Intersection Of American Bioethics, Human Rights, And Health Law, Ruqaiijah Yearby

All Faculty Scholarship

Traditionally, American bioethics has served as a safety net for the rich and powerful, for they are not forced to act as research subjects to obtain access to general health care for themselves or their children. However, American bioethics has failed to protect the vulnerable, i.e. indigent minorities. The vulnerable are not treated the same as the rich. They do not have access to health care. They are exploited in clinical trials that promise monetary gain or access to health care and their autonomy rights are often ignored. Some of the vulnerable most affected by these disparities are African-Americans. African-Americans …


Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades Jan 2005

Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades

Faculty Publications

No abstract provided.


Medical Malpractice And The Insurance Underwriting Cycle, Tom Baker Jan 2005

Medical Malpractice And The Insurance Underwriting Cycle, Tom Baker

All Faculty Scholarship

No abstract provided.


Discrimination Against The Unhealthy In Health Insurance, Mary Crossley Jan 2005

Discrimination Against The Unhealthy In Health Insurance, Mary Crossley

Articles

As employers seek to contain their health care costs and politicians create coverage mechanisms to promote individual empowerment, people with health problems increasingly are forced to shoulder the load of their own medical costs. The trend towards consumerism in health coverage shifts not simply costs, but also insurance risk, to individual insureds, and the results may be particularly dire for people in poor health. This Article describes a growing body of research showing that unhealthy people can be expected disproportionately to pay the price for consumerism, not only in dollars, but in preventable disease and disability as well. In short, …


Obesity And The Struggle Within Ourselves, Maxwell Gregg Bloche Jan 2005

Obesity And The Struggle Within Ourselves, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

The author argues that we ought to treat our eating, exercise habits, and girth as personal matters, for the most part, but that law can and should make a contribution, as an ally of our longer-term will against our immediate cravings. Law can be our ally in this fashion without command-and-control intrusion into our private lives. Such intrusion is at odds with our core beliefs and unlikely to produce public health success. It is more likely to provoke popular backlash--one reason why some who stand to gain from our unhealthy dining choices try to cast government efforts to inform these …


Privatization And Punishment In The New Era Of Reprogenetics, Dorothy E. Roberts Jan 2005

Privatization And Punishment In The New Era Of Reprogenetics, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


From International Sanitary Conventions To Global Health Security: The New International Health Regulations, David P. Fidler Jan 2005

From International Sanitary Conventions To Global Health Security: The New International Health Regulations, David P. Fidler

Articles by Maurer Faculty

In May 2005, the World Health Organization adopted the new International Health Regulations (IHR), which constitute one of the most radical and far-reaching changes to international law on public health since the beginning of international health cooperation in the mid-nineteenth century. This article comprehensively analyses the new IHR by examining the history of international law on infectious disease control, the IHR revision process, the substantive changes contained in the new IHR and concerns regarding the future of the new IHR. The article demonstrates why the new IHR constitute a seminal event in the relationship between international law and public health …


Human Services Needs Assessment - Qualitative Data: Public Forums, Mail Surveys, Focus Groups, And Interviews, Julienne Giard, Peter Gamache Jan 2005

Human Services Needs Assessment - Qualitative Data: Public Forums, Mail Surveys, Focus Groups, And Interviews, Julienne Giard, Peter Gamache

Mental Health Law & Policy Faculty Publications

Researchers at the Florida Mental Health Institute, University of South Florida, under contract to the Pinellas County Human Services Department, collected data over several months in 2004 from people in Pinellas County for a human services needs assessment. Human Services was defined in collaboration with the county as including four areas: homeless services, health care, mental health and substance abuse services, and basic needs. This report details the methods and findings from data collected at public forums, focus groups, key informant interviews, and through open-ended questions on the mail surveys to providers and citizens/consumers.


Human Rights And Bioethics: Formulating A Universal Right To Health, Health Care, Or Health Protection?, George P. Smith Ii Jan 2005

Human Rights And Bioethics: Formulating A Universal Right To Health, Health Care, Or Health Protection?, George P. Smith Ii

Scholarly Articles

Codifying, and then implementing, an international right to health, health care, or protection is beset with serious roadblocks - foremost among them being contentious issues of indeterminacy, justiciability, and progressive realization. Although advanced - and to some degree recognized under the rubric of a social or cultural entitlement within the law of human rights and, more particularly, the U.S. Declaration on Human Rights, together with International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and presently UNESCO's Draft Declaration on Universal Norms on Bioethics - attainment …


Medical Error As Reportable Event, As Tort, As Crime: A Transpacific Comparison, Robert B. Leflar, Futoshi Iwata Dec 2004

Medical Error As Reportable Event, As Tort, As Crime: A Transpacific Comparison, Robert B. Leflar, Futoshi Iwata

Robert B Leflar

All nations seek to reduce the human toll from medical error, but variations in legal and institutional structures guide those efforts into different trajectories. This article compares legal and institutional responses to patient safety problems in the United States and Japan, addressing developments in civil malpractice law (including discoverability of internal hospital documents), administrative practice (including medical accident reporting systems), and - of particular significance in Japan - criminal law. In the U.S., battles over rules of malpractice litigation are fierce; tort law occupies center stage. The hospital accreditation process plays a critical role in medical quality control, and peer …