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Stumbling Over Trips: The International Intellectual Property Waiver Petition And The U.S. Executive, Jordan Paradise, Christina Conroy 2022 Loyola University Chicago, School of Law

Stumbling Over Trips: The International Intellectual Property Waiver Petition And The U.S. Executive, Jordan Paradise, Christina Conroy

Faculty Publications & Other Works

This article examines the relationship among intellectual property (IP) law protections; United States (U.S.) and international law and policy; and the actualization of diagnostics, drugs, and vaccines in the time of the COVID-19 coronavirus. Two key international treaties that relate to IP law--The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and the Doha Declaration on the TRIPS Agreement and Public Health (Doha Declaration) - establish international norms for the protection of IP. Core aspects of each of these treaties are described along with the role of the World Trade Organization (WTO) and concepts of compulsory licensing. As a result …


Biosimilar Bias: A Barrier To Addressing American Drug Costs, Cynthia M. Ho 2022 Loyola University Chicago, School of Law

Biosimilar Bias: A Barrier To Addressing American Drug Costs, Cynthia M. Ho

Faculty Publications & Other Works

Forty percent of spiraling US drug costs are based on a mere two percent of all drugs –biologic drugs (biologics) made from living cells that are administered by injection or infusion. These costs will continue to balloon as new biologics are approved; the recently approved Alzheimer’s drug is expected to result in a 50% increase in Medicare spending and cost individuals 40% of their annual income. These drugs are expensive because they cannot be mass-produced, and their cost places important treatments for conditions such as arthritis (Humira) and cancer (Herceptin) out of reach for many Americans. Fortunately, just as there …


An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System, Robert E. Rains 2022 Penn State Dickinson Law

An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System, Robert E. Rains

Dickinson Law Review (2017-Present)

No abstract provided.


Comment: On Patents And Appropriations—And Tragedies, David O. Taylor 2022 Southern Methodist University, Dedman School of Law

Comment: On Patents And Appropriations—And Tragedies, David O. Taylor

Washington and Lee Law Review

I write to provide a few remarks concerning Sasha Hoyt’s illuminating work published in the pages of this journal. In it, Hoyt addresses the impact of the Supreme Court’s patent eligibility decisions on private investment in the development of medical diagnostic technologies. As an initial matter, I want to congratulate Hoyt for tackling an important topic. As Hoyt discusses, medical diagnostic technologies enable the diagnosis of diseases and other medical conditions such as genetic disorders, and early and accurate diagnosis may lead to early treatments and, ultimately, at least in some cases, saved lives. But the creation of medical diagnostic …


Points Of No Return: How The Ninth Circuit’S New Voluntary Undertaking Doctrine Changes Return-To-Play In Sports, Sam C. Ehrlich 2022 Boise State University College of Business and Economics

Points Of No Return: How The Ninth Circuit’S New Voluntary Undertaking Doctrine Changes Return-To-Play In Sports, Sam C. Ehrlich

University of San Francisco Law Review

No abstract provided.


Artificial Intelligence In Canadian Healthcare: Will The Law Protect Us From Algorithmic Bias Resulting In Discrimination?, Bradley Henderson, Colleen M. Flood, Teresa Scassa 2022 University of Ottawa, Faculty of Law

Artificial Intelligence In Canadian Healthcare: Will The Law Protect Us From Algorithmic Bias Resulting In Discrimination?, Bradley Henderson, Colleen M. Flood, Teresa Scassa

Canadian Journal of Law and Technology

In this article, we canvas why AI may perpetuate or exacerbate extant discrimination through a review of the training, development, and implementation of healthcare-related AI applications and set out policy options to militate against such discrimination. The article is divided into eight short parts including this introduction. Part II focuses on explaining AI, some of its basic functions and processes, and its relevance to healthcare. In Part III, we define and explain the difference and relationship between algorithmic bias and data bias, both of which can result in discrimination in healthcare settings, and provide some prominent examples of healthcare-related AI …


A Health Justice Response To School Discipline And Policy, Thalia Gonzalez, Alexis Etow, Cesar De La Vega 2022 American University Washington College of Law

A Health Justice Response To School Discipline And Policy, Thalia Gonzalez, Alexis Etow, Cesar De La Vega

American University Law Review

Inequities in school discipline and policing have been long documented by researchers and advocates. Longitudinal data is clear that Black, Indigenous, people of color (BIPOC) students are punished and policed at higher rates than their white classmates. For students who have disabilities, especially those with intersectional identities, the impact of school discipline and policing is amplified, with disparities existing at some of the highest rates across multiple categories. And this disproportionality has not diminished during short- and long-term school closures resulting from the COVID-19 pandemic. In fact, schools have employed new models of exclusion in the pandemic setting that operate …


Survival Voting And Minority Political Rights, Douglas M. Spencer, Lisa Grow Sun, Brigham Daniels, Chantel Sloan, Natalie Blades 2022 American University Washington College of Law

Survival Voting And Minority Political Rights, Douglas M. Spencer, Lisa Grow Sun, Brigham Daniels, Chantel Sloan, Natalie Blades

American University Law Review

The health of American democracy has literally been challenged. The global pandemic has powerfully exposed a long-standing truth: electoral policies that are frequently referred to as “convenience voting” are really a mode of “survival voting” for millions of Americans. As our data show, racial minorities are overrepresented among voters whose health is most vulnerable, and politicians have leveraged these health disparities to subordinate the political voice of racial minorities.

To date, data about racial disparities in health has played a very limited role in assessing voting rights. A new health lens on the racial impacts of voting rules would beneficially …


Patent Eligibility And Cancer Therapy, Christopher B. Seaman 2022 Washington and Lee University School of Law

Patent Eligibility And Cancer Therapy, Christopher B. Seaman

Washington and Lee Law Review

As an empirical legal scholar, I am pleased to report that Sasha Hoyt has done what very few law students—and even many law professors—could achieve. She successfully conducted a novel empirical study to assess the real-world impact of a U.S. Supreme Court decision, Mayo Collaborative Services v. Prometheus Laboratories, Inc., on venture capital (VC) investment in startups and other companies that develop medical diagnostic technology.

As Ms. Hoyt notes, patent protection is particularly important for startup companies, as it can help protect their innovations from unauthorized use, attract funding and other investments, and foster collaboration with third parties. In …


Masthead, Volume 32 (2022) 2022 Case Western Reserve University School of Law

Masthead, Volume 32 (2022)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 32 (2022), Health Matrix: Journal of Law-Medicine 2022 Case Western Reserve University School of Law

Volume 32 (2022), Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Public Citizen's Advocacy Campaign Opposing Fda Approval Of Aducanumab For Alzheimer's Disease: The Fight Against Regulatory Capture, Michael A. Carome 2022 Case Western Reserve University School of Law

Public Citizen's Advocacy Campaign Opposing Fda Approval Of Aducanumab For Alzheimer's Disease: The Fight Against Regulatory Capture, Michael A. Carome

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Diversity's Pandemic Distractions, Jonathan Kahn 2022 Case Western Reserve University School of Law

Diversity's Pandemic Distractions, Jonathan Kahn

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Anti-Vax Fear* Speech: A Public-Health-Driven Policy Initiative When Counter-Speech Won't Work (*Fake, Flawed, Fraudulent, False, Endangering, And Reckless), Barbara Pfeffer Billauer 2022 Case Western Reserve University School of Law

Anti-Vax Fear* Speech: A Public-Health-Driven Policy Initiative When Counter-Speech Won't Work (*Fake, Flawed, Fraudulent, False, Endangering, And Reckless), Barbara Pfeffer Billauer

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Treating For Two: Reforming Maternal Substance Abuse Policy, Katherine Drabiak 2022 Case Western Reserve University School of Law

Treating For Two: Reforming Maternal Substance Abuse Policy, Katherine Drabiak

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Filling In The Gaps: Inaccurate Medical Records In Adoption, Leah Rothfeld 2022 Case Western Reserve University School of Law

Filling In The Gaps: Inaccurate Medical Records In Adoption, Leah Rothfeld

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Elevated Blood Lead Levels As Eligibility Criteria For Early Intervention Programs, Meghan Sink 2022 Case Western Reserve University School of Law

Elevated Blood Lead Levels As Eligibility Criteria For Early Intervention Programs, Meghan Sink

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Expanding Medicaid In The Postpartum Period, Madison P. Harrell 2022 University of Richmond School of Law

Expanding Medicaid In The Postpartum Period, Madison P. Harrell

Law Student Publications

This Comment will discuss how the current Medicaid law is insufficient to address the issue of disappointing maternal health outcomes in the United States and how the federal government should begin to remedy the problem. First, I will shed light on the maternal health crisis in the United States, before discussing the history of pregnancy and postpartum Medicaid coverage. Then, I will outline the enactment of the Affordable Care Act, the subsequent court battle over its constitutionality, and the effects of that decision on the current landscape of pregnancy and postpartum Medicaid coverage. Finally, I will detail my proposal for …


The Global Red Scare And The Anti-Worker Repressive Model, 1913-1927, Christopher M. Roberts 2022 Yeshiva University, Cardozo School of Law

The Global Red Scare And The Anti-Worker Repressive Model, 1913-1927, Christopher M. Roberts

Cardozo International & Comparative Law Review

This article considers the extensive repressive measures enacted around the world during and in the wake of the First World War. While repressive developments in the World War I and post-war periods have previously been examined in different national contexts, little scholarship has adopted a more global lens. To better organize and consider the relevant developments, this article develops a typology of six different categories of public order governance into which the majority of the repressive measures of the period may be classified: the passage of new laws; the development of new institutions; raids, arrests, prosecutions, and other judicial and …


On Florida Law, Language, And Alcohol Use Disorder, Stacey A. Tovino 2022 University of Oklahoma College of Law

On Florida Law, Language, And Alcohol Use Disorder, Stacey A. Tovino

Faculty Articles

No abstract provided.


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