Medicine and Health Sciences Commons^™

The Nigerian Social Health Insurance System And The Challenges Of Access To Health Care: An Antidote Or A White Elephant?, Obiajulu Nnamuchi

Obiajulu Nnamuchi

This paper is an excursion into the operation of the recently launched National Health Insurance Scheme of Nigeria. Its primary task is to determine whether social health insurance in Nigeria, as expressed in the statute establishing the scheme, has prospects for actualizing its promise of, inter alia, ensuring access to affordable health care for every Nigerian. To make this determination, the paper critically analyzes key components of the scheme, focusing on the different actors and issues, the interplay of which is crucial to the scheme's successful implementation. Regrettably, the depth and breadth of the analysis are somewhat constrained by the …

Stereotypes And Stigmas Of College Athletes In Tank Mcnamara's Cartoon Strip: Fact Or Fiction?, Keith Harrison

Dr. C. Keith Harrison

The purpose of this study was to explore the perceptions of National Collegiate Athletic Association (NCAA) Division I student-athletes (N= 43) regarding stereotypical cartoons about athletes. A qualitative approach, which included a visual elicitation technique, was utilized by administering the Lifestyle Association & Representation of Athletes Scale (LARAS). The LARAS explored participants’ perceptions of the following six specific concepts: a) academic support issues; b) academic progress; c) coaches as educators; d) professional sport aspirations; e) media identities, advertising, and representation; and f) cultural issues and recruiting. Five major themes emerged from participants’ perceptions: Big Sport Business, Athletic Image, College Athlete …

Artfully Discriminating: How Hall V. Nalco Co. Applies Title Vii To Adverse Employment Actions Based On Assisted Reproduction Technologies, Patrick F. Madden

Patrick F. Madden

No abstract provided.

"Let's Do The Time Warp Again": Assessing The Competence Of Counsel In Mental Health Conservatorship Proceedings, Grant H. Morris

Grant H Morris

Thirty years ago, I wrote an article on mental health conservatorships in California and the role of counsel for persons for whom a conservatorship has been proposed. Data was gathered on the performance of attorneys in court hearings conducted in San Diego County Superior Court. The data revealed that lawyers representing proposed conservatees were inactive and ineffective in representing their clients’ interests. The lawyers did not consider themselves advocates in an adversary process in which conservatorship was to be avoided. A year after the article was published, the California Supreme Court, citing that article as authority for the “paternalistic attitude” …

The Slaves’ Own Country, Savad Rahman

savad rahman

No abstract provided.

International Harmonization Of Regulation Of Nanomedicine, Gary E. Marchant, Douglas J. Sylvester, Kenneth W. Abbott, Tara Lynn Danforth

Gary E. Marchant

Nanomedicine holds enormous promise for the improved prevention, detection and treatment of disease. Yet, at the same time, countervailing concerns about the potential safety risks of nanotechnologies generally, and nanomedical products specifically, threaten to derail or at least delay the introduction and commercial viability of many nanomedicine applications. All around the globe, national governments are struggling with balancing these competing benefits and risks of nanotechnology in the medical and other sectors. It is becoming increasingly clear that reasonable, effective and predictable regulatory structures will be critical to the successful implementation of nanotechnology. The question examined in this paper is whether …

An Empirical Examination Of The Factors Associated With The Commutation Of State Death Row Prisoners’ Sentences Between 1986 And 2005, John D. Kraemer

John D Kraemer

Commutation is usually a death row prisoner’s last hope of evading his or her capital sentence. However, unlike many other stages of the death penalty process, little research focuses on the factors that affect decisions to commute or allow a death sentence to go forward, and that which has been conducted utilizes data which is now nearly a decade old. This paper seeks to examine personal and demographic factors associated with commutation decisions and to resolve incon- sistent findings in the prior research. Using the statistical method of multiple logistic regression, this paper finds statistically significant disparities in the odds …

Screening Of Prisoners For Hiv: Public Health, Legal, And Ethical Implications, John D. Kraemer

John D Kraemer

Inmates are disproportionately impacted by HIV/AIDS in the United States. As a result, correctional health systems have often screened prisoners -- either at entry or while incarcerated -- for HIV. This paper assesses the likely public health impact of such programs and concludes that they can be beneficial so long as screening programs are linked with adequate prevention and treatment. It also assesses the conditions under which screening programs comply with or violate United States constitutional law and ethical norms.

Prosecuting Doctors For Trusting Patients, Deborah Hellman

Faculty Scholarship

In an escalating phase of our country’s war on drugs, doctors treating patients in pain are being prosecuted for drug trafficking under the Controlled Substances Act. While doctors surely can be guilty of drug trafficking when they sell drugs for money, lately some doctors have been prosecuted for violations of a statute that requires knowingly distributing or dispensing controlled substances in an unauthorized manner for simply being willfully blind to the fact that their patients were reselling the drugs. While willful blindness may be an apt substitute for knowledge in the traditional drug courier scenario, doctors in these cases are …

Physicians Who Break The Law, Diane E. Hoffmann

Faculty Scholarship

This paper takes as its starting point a recent article by Prof. Sandra Johnson, Regulating Physician Behavior: Taking Doctors “Bad Law” Claims Seriously. In the article, Johnson focuses on doctors who comply with the law despite their belief that the law is “bad”, i.e., causes them to behave in ways that are harmful to their patients. In Physicians Who Break the Law, I explore cases where physicians break the law claiming that it is “bad”. In this exploration, I focus on two areas of physicians’ lawbreaking: (1) violations of business-related laws, in particular, insurance fraud; and (2) violations of laws …

Childhood Obesity: The Law's Response To The Surgeon General's Call To Action To Prevent And Decrease Overweight And Obesity, Leah Loeb

Journal of Health Care Law and Policy

No abstract provided.

2009 Legislative Briefing Book, Nevada Institute For Children’S Research And Policy, Unlv, School Of Public Health, The Children’S Advocacy Alliance, Southern Nevada Area Health Education Center, Denise Tanata Ashby, Amanda Haboush, Tara Phebus, Jennifer Waddoups

Nevada Institute for Children's Research and Policy Reports

The purpose of the Nevada Institute for Children’s Research and Policy (NICRP) Legislative Briefing Book is to provide a quick snapshot of some of the most pressing issues facing Nevada’s children in order to provide advocates and policymakers with a stepping stone in creating positive changes to improve the lives of Nevada’s children. While this book will not cover every issue facing our children, it is intended to highlight those of greatest concern, covering issues in education, health, safety and security, and the juvenile justice system. Diligent efforts need to be made during the 2009 Legislative Session to improve policies, …

Public Health Bill Draft Requests - 2009 Nv Legislative Session, Nevada Institute For Children's Research And Policy Reports

Nevada Institute for Children's Research and Policy Reports

Public Health Bill Draft Requests - 2009 NV Legislative Session

Nevada Institute For Children's Research And Policy Bill Draft Requests - 2009 Nv Legislative Session, Nevada Institute For Children's Research And Policy Reports

Nevada Institute for Children's Research and Policy Reports

Nevada Institute for Children's Research and Policy Bill Draft Requests - 2009 NV Legislative Session

The Ethical Foundations Of Consumer-Driven Health Care, Marshall B. Kapp

Journal of Health Care Law and Policy

No abstract provided.

Santa Clara Magazine, Volume 51 Number 3, Winter 2009, Santa Clara University

Santa Clara Magazine

18 - EVERYTHING IS ILLUMINATED By Christine Cole. For the first time since the invention of the printing press, artists have put quill pen to paper to hand-write-in calligraphy-the Bible in its entirety. The result is a wonder to behold. And available to readers and gazers at Santa Clara.

24 - HOLD THE LINE By David McKay Wilson. At Harlem's Frederick Douglass Academy, basketball coach Pat Mangan '84 has built a legendary program by making sure his players have their priorities straight. Family first. School second. Then hoops.

28 - LESSONS IN DIPLOMACY. By Sam Scott '96. How Bob LaMonte …

Kwazulu-Natal Department Of Health Policy And Guidelines For Integrated Ante And Postnatal Care At District Hospital Community Health Centre And Clinic Level, Population Council

Reproductive Health

A 2006 baseline survey conducted by CARE Kenya indicated that sexual and gender-based violence (SGBV) is widespread throughout Kenya’s North Eastern Province. Other findings revealed that high levels of stigma and gender imbalances are associated with sexual violence and female genital mutilation (FGM) and that a coordinated approach to responding to the service needs of survivors is missing. As noted in this report, there is limited awareness of the legal mechanisms available to survivors. The Population Council’s study in Wajir District ascertained the need for and possible components of an integrated and comprehensive services model that could meet the needs …

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.

Using Decision Analysis To Improve Malaria Control Policy Making, Jonathan B. Wiener, Randall A. Kramer, Katherine L. Dickinson, Richard M. Anderson, Vance G. Fowler, Marie Lynn Miranda, Clifford M. Mutero, Kathryn A. Saterson

Faculty Scholarship

Malaria and other vector-borne diseases represent a significant and growing burden in many tropical countries. Successfully addressing these threats will require policies that expand access to and use of existing control methods, such as insecticide-treated bed nets (ITNs) and artemesinin combination therapies (ACTs) for malaria, while weighing the costs and benefits of alternative approaches over time. This paper argues that decision analysis provides a valuable framework for formulating such policies and combating the emergence and re-emergence of malaria and other diseases. We outline five challenges that policy makers and practitioners face in the struggle against malaria, and demonstrate how decision …

System Of Care Implementation, Robert M. Friedman, Paul E. Greenbaum, Wei Wang, Krista Kutash, Roger A. Boothroyd

Mental Health Law & Policy Faculty Publications

For almost 25 years now, a major policy emphasis in children’s mental health at the federal level and within most states has been the development of community-based systems of care. There have been many meetings and conferences about this, training and technical assistance material has been provided, and written material has been prepared, and a federal grant program, the Children’s Mental Health Initiative (CMHI) has now provided funding to over 100 grantees for the development of such systems of care.

Evaluation Of An Intervention For Adolescent Girls With Trauma Related Disorders, Meredith Elzy, Sarah Cobb, Norin Dollard, Teresea Van Alstine, Colleen Clark

Mental Health Law & Policy Faculty Publications

No abstract provided.

Rethinking The Role Of Clinical Trial Data In International Intellectual Property Law: The Case For A Public Goods Approach, Jerome H. Reichman

Faculty Scholarship

This article is a later version of the author's presentation at the Eleventh Annual Honorable Helen Wilson Nies Memorial Lecture March 26, 2008. Clinical trials are currently used to test drugs; however, the risk and cost of clinical trials are increasing so drastically that the clinical trials may become unsustainable. This article evaluates the legal and economic trends of intellectual property protection for pharmaceutical clinical trial data. The protection of clinical trials has become an alternative to patents as market exclusivity encourages the development and testing of unpatentable pharmaceuticals. This author argues that clinical trials should be treated as a …

Dead Men Reproducing: Responding To The Existence Of Afterdeath Children, Browne C. Lewis

Law Faculty Articles and Essays

The statutory mandates are a step in the right direction, but there is still work that needs to be done. The statutes should be amended to close certain loop holes and to ensure that the physician-facilitated suicide option is available to all of the patients who need it. Persons suffering from physical conditions that will lead to death within six months should not be the only persons permitted to exit gracefully. As long as the safeguards included in the statutes are followed, there is no good reason to prohibit persons suffering from irreversible and incurable physical diseases that lead to …

From Concierge Medicine To Patient-Centered Medical Homes: International Lessons And The Search For A Better Way To Deliver Primary Health Care In The U.S, Gwendolyn R. Majette

Law Faculty Articles and Essays

This paper will proceed in eight parts. Part II explores why primary care is a critical component of a country's health care delivery system. Part III describes patient and physician dissatisfaction with the current state of primary care delivery in the United States. Parts IV and V describe physician-designed solutions and Congress' responses to them. Part VI describes the role of primary care in the delivery of health services in the international context by focusing on the World Health Organization's Health for All policy and the policies supporting primary care in the United Kingdom, the Netherlands, and Belgium. Part VII …

Establishing Public Health Security In A Postwar Iraq: Constitutional Obstacles And Lessons For Other Federalizing States, David P. Fidler, Kumanan Wilson, Christopher W. Mcdougall, Harvey Lazar

Articles by Maurer Faculty

The public health consequences of the conflict in Iraq will likely continue after the violence has subsided. Reestablishing public health security will require large investments in infrastructure and the creation of effective systems of governance. On the question of governance, the allocation of powers in the new constitution of Iraq is critical. Given the ease with which public health threats cross borders, the constitution needs to grant to the federal government the legal authority to manage such threats and simultaneously meet international requirements. Unfortunately, the draft constitution does not accomplish this objective. If politically possible, the constitution should be amended …

A Look At Customer Attitudes, Influences Of Subjective Norms, And Behavioral Intention Regarding Second Hand Smoke And Smoking In Public, Tanya Marie Dubay

Master's Theses and Doctoral Dissertations

This study is an assessment of customer’s attitudes, influences of subjective norms, and behavioral intention regarding exposure to secondhand smoke and smoke free policy at a small family owned and operated restaurant. Research questions address relationships between customer attitudes and smoke free policy as well as likelihood of customers supporting a smoke free policy in an establishment where there is currently no law that prohibits smoking. Methodology included a voluntary self administered survey questionnaire given to a convenience sample of patrons who were dining out. The results show; (a) a significant relationship between attitude about second hand smoke and choosing …

The Disordered And Discredited Plaintiff: Psychiatric Evidence In Civil Litigation, Deirdre M. Smith

Faculty Publications

This Article closely examines civil defendants' use of evidence of a plaintiff's alleged current or prior psychiatric diagnosis or treatment by analyzing and critiquing the three primary rationales offered in support of the relevancy of such evidence: to suggest an alternative or underlying cause of the plaintiff's alleged psychological injuries; to impeach the plaintiff's credibility by asserting that a mental illness interferes with her ability to recount or to perceive events accurately; and to reveal certain propensities that inform how the plaintiff likely acted with respect to the events at issue in the litigation. I note that, while attaching a …

The Making Of The Kenya Sexual Offenses Act, 2006: Behind The Scenes, Washington Onyango-Ouma, Njoki Ndung'u, Nancy Baraza, Harriet Birungi

Reproductive Health

Kenya’s enactment of the Sexual Offenses Bill in 2006 was a milestone in dealing with sexual offenses and gender-based violence. The bill is Kenya’s first legal recognition of the many sex crimes that occur in the country. Among other things, the law criminalizes deliberate transmission of HIV/AIDS and provides rape victims with free medical care and counseling in public institutions. Convicted rapists will now face a minimum sentence of ten years, while a maximum penalty will be life imprisonment. A retrospective study was conducted to document the process leading to the enactment of the law. The objective was to document …

The Implications Of Post-Phase 1 And "Off-Label" Treatment Use Of Experimental Drugs: How Expansive Should Expanded Access Be?, Patricia J. Zettler

Faculty Publications By Year

No abstract provided.

Compulsory Licensing Of Patented Pharmaceutical Inventions: Evaluating The Options, Jerome H. Reichman

Faculty Scholarship

In this Comment, the author traces the relevant legislative history pertaining to compulsory licensing of patented pharmaceuticals from the TRIPS Agreement of 1994 to the 2003 waiver to, and later proposed amendment of, article 31, which enables poor countries to obtain needed medicines from other countries that possess manufacturing capacity. The Comment then evaluates recent, controversial uses of the relevant legislative machinery as viewed from different critical perspectives. The Comment shows how developing countries seeking access to esential medicines can collaborate in ways that would avoid undermining incentives to innovation and other social costs attributed to compulsory licensing. It ends …