A Mathematical Solution To The Sine Of Madness That Is Pharmaceutical Compulsory Licensing Under The Trips Agreement And The Doha Declaration,
2019
Marquette University Law School
A Mathematical Solution To The Sine Of Madness That Is Pharmaceutical Compulsory Licensing Under The Trips Agreement And The Doha Declaration, Ashley E. Sperbeck
Marquette Intellectual Property Law Review
A viable economic solution is necessary to address the shortcomings, textual ambiguities, and deficiencies engulfing international patent protection, leading to the inability of LDCs facing public health crises or national emergencies and lacking pharmaceutical manufacturing facilities to obtain generic pharmaceuticals. This Note poses a solution to this problem via another Amendment to the TRIPS Agreement and the Doha Declaration, which provides a mathematical framework to determine when and under what circumstances a compulsory license should be granted. Furthermore, this Note contemplates establishment of a WTO subcommittee to oversee this proposed solution and to ensure compliance with this Amendment. This concrete …
Tribal Sovereign Immunity As A Defense At The Patent Trial And Appeal Board? Or A Violation Of U.S. Antitrust Laws?,
2019
Marquette University Law School
Tribal Sovereign Immunity As A Defense At The Patent Trial And Appeal Board? Or A Violation Of U.S. Antitrust Laws?, Samantha Roth
Marquette Intellectual Property Law Review
This Comment will address two primary issues. First, it will analyze the basis of sovereign immunity rights of tribes, with a focus on the relationship between intellectual property rights and sovereignty. Second, it will discuss whether this arrangement violates the antitrust laws of the United States. This Comment concludes that even if a claim of tribal sovereign immunity is legitimate, it is likely that such an arrangement still violates the relevant antitrust claims.
Opting Into Device Regulation In The Face Of Uncertain Patentability,
2019
Marquette University Law School
Opting Into Device Regulation In The Face Of Uncertain Patentability, Rebecca S. Eisenberg
Marquette Intellectual Property Law Review
This article examines the intersection of patent law, FDA regulation, and Medicare coverage in a particularly promising field of biomedical innovation: genetic diagnostic testing. First, I will discuss current clinical uses of genetic testing and directions for further research, with a focus on cancer, the field in which genetic testing has had the greatest impact to date. Second, I will turn to patent law and address two recent Supreme Court decisions that called into question the patentability of many of the most important advances in genetic testing. Third, I will step outside patent law to take a broader view of …
Finding A Forest Through The Trees: Georgia-Pacific As Guidance For Arbitration Of International Compulsory Licensing Disputes,
2019
Marquette University Law School
Finding A Forest Through The Trees: Georgia-Pacific As Guidance For Arbitration Of International Compulsory Licensing Disputes, Karen Mckenzie
Marquette Intellectual Property Law Review
This paper will examine the challenges of international compulsory licensing by examining the issue historically and legally as well as offer possible solutions. Thus, this paper will explore the challenge of balancing corporate interests against the affordability and availability of pharmaceuticals by focusing on discrete situations in developing countries, the history of compulsory licensing, and how the World Health Organization (the “WHO”) and the WTO have attempted to tackle these challenges through compulsory licensing, and it will suggest a possible framework for use in arbitration, which balances equities through a Georgia-Pacific analysis.
Health Justice For Immigrants,
2019
Penn State Dickinson Law
Health Justice For Immigrants, Medha D. Makhlouf
Faculty Scholarly Works
Should universal health coverage include immigrants within the “universe?” Should federal taxpayers subsidize health insurance coverage for immigrants, even those who are undocumented? Should all immigrants be required to purchase health insurance? Although the Affordable Care Act (ACA) is conceived as a progressive project to expand access to coverage and promote equity in health care, it intentionally left out the 12.5 million undocumented immigrants living in the United States and preserved the existing restrictions on subsidized coverage for lawfully present non-citizens. In fact, it increased the disparity in access to health care between U.S. citizens and immigrants. As a result, …
Justice And Public Health,
2019
University of Denver
Justice And Public Health, Govind Persad
Sturm College of Law: Faculty Scholarship
This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing examples such as mandatory treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to …
Patents And The Pharmaceutical Industry: Curbing The Abusive Practices Employed By Blockbuster Drug Companies To Prolong Market Exclusivity,
2019
J.D., Cornell Law School, 2020
Patents And The Pharmaceutical Industry: Curbing The Abusive Practices Employed By Blockbuster Drug Companies To Prolong Market Exclusivity, Kelley Chandler
Cornell Journal of Law and Public Policy
Patent law in the pharmaceutical space presents unique challenges. Interactions between patent terms, the FDA, the drug development process, and the need for quality medical solutions create a complex dynamic which leads to uncertainty. This uncertainty makes it difficult to discern between solutions which might be effective, and solutions which will spawn new challenges where they so intently sought to eliminate old ones. Although Hatch-Waxman was a success in many ways, in other ways it has proven to frustrate the purposes behind its enactment. The suggestions presented here are a sound starting point for alleviating some of the burden plaguing …
Believing Survivors: In Veterans Affairs Benefits Claims, No In-Service Report Is Required To Prove An Instance Of Military Sexual Trauma,
2019
Marquette University Law School
Believing Survivors: In Veterans Affairs Benefits Claims, No In-Service Report Is Required To Prove An Instance Of Military Sexual Trauma, Allysen Adrian
Marquette Benefits and Social Welfare Law Review
AZ v. Shinseki held that the Department of Veterans Affairs could not treat the absence of military documentation of an in-service sexual assault as proof that the assault never occurred. Nor can the Department of Veterans Affairs assert that a veteran’s decision not to report an instance of sexual trauma to military authorities is proof that the assault did not occur. A veteran’s submission of testimonial lay evidence can supplant the lack of report. This holding aligns with the Department of Veterans Affairs’ duty to consider all evidence in the file and to maximize benefits for the veteran.
Informed Consent: Does “Ok” Really Mean “Ok?”,
2019
Nova Southeastern University - Shepard Broad Law Center
Informed Consent: Does “Ok” Really Mean “Ok?”, Michael Flynn
Faculty Scholarship
No abstract provided.
Societal Pressures And Procreative Preferences For Gay Fathers Successfully Pursuing Parenthood Through Ivf And Gestational Carriers,
2019
Wright State University
Societal Pressures And Procreative Preferences For Gay Fathers Successfully Pursuing Parenthood Through Ivf And Gestational Carriers, Steven R. Lindheim Md, Jody L. Madeira, Artur Ludwin, Emily Kemmer, J. Preston Parry, Georges Sylvestre, Guido Pennings
Articles by Maurer Faculty
This retrospective study surveyed decision-making and challenges among 78 gay cisgender male couples utilizing in-vitro fertilization (IVF) and a gestational carrier. While most couples (67.1%) found the decision to actively pursue fertility treatment ‘not difficult’, 32.9% felt that it was ‘somewhat difficult’ or ‘very or extremely difficult’. Almost 30% of couples had not undertaken financial planning for treatment, which introduced delays of N2 years for 25.3% of participants. Conceiving twins was ‘important to very important’ in 52.3% of couples, and 84.2% of couples chose to transfer two embryos to ‘increase the odds’ or reach an ideal family size in a …
Legal Discrimination Against Organ Transplant Candidates: Medicinal Marijuana And The Double-Edged Sword, 52 Uic J. Marshall L. Rev. 859 (2019),
2019
UIC School of Law
Legal Discrimination Against Organ Transplant Candidates: Medicinal Marijuana And The Double-Edged Sword, 52 Uic J. Marshall L. Rev. 859 (2019), Kyle Jorgensen
UIC Law Review
No abstract provided.
The 'Wild West' Of Medicine: An Argument For Adopting The United Kingdom's 'Hfea' Framework, To Improve The Market For Assisted Reproduction In The United States,
2019
Northwestern Pritzker School of Law
The 'Wild West' Of Medicine: An Argument For Adopting The United Kingdom's 'Hfea' Framework, To Improve The Market For Assisted Reproduction In The United States, Ellen S. Fischer
Northwestern Journal of International Law & Business
No abstract provided.
Direct-To-Consumer Ads Are Misleading: Concise Statements Of Effectiveness Should Be Required,
2019
California Western School of Law
Direct-To-Consumer Ads Are Misleading: Concise Statements Of Effectiveness Should Be Required, Robert A. Bohrer
Faculty Scholarship
Direct-to-consumer (DTC) advertising of prescription pharmaceuticals has been the subject of much criticism and the issue has become even more pressing with the Trump administration’s proposal to require the disclosure of prices in DTC ads. In this article I argue that a more powerful approach to the problem of DTC ads would require the disclosure of the effectiveness of the advertised drugs, at least as found in the clinical trials submitted for FDA approval. To support the need for an effectiveness disclosure, I describe the problem of DTC ads and examine representative ads to illustrate the potential of such ads …
Legal Considerations In Pediatric And Adolescent Obstetrics And Gynecology,
2019
California Western School of Law
Legal Considerations In Pediatric And Adolescent Obstetrics And Gynecology, Steven R. Smith
Faculty Scholarship
Providing gynecologic and obstetric care for minors raises important legal issues and it is critical that health-care providers understand those legal issues. State laws are often somewhat complicated and unsettled in the areas minors’ of consent to treatment, privacy and information, and abuse reporting requirements. State statutes commonly give minors the authority to consent to treatment for STIs, pregnancy, and contraception. There are, however, many variations among states in these areas. Most states limit the ability of minors to consent to abortion without some parental (or court) involvement. In some circumstances, a physician may provide information to parents if it …
The Costs Of Having (Too) Many Choices: Reshaping The Doctrine Of Informed Consent,
2019
Brooklyn Law School
The Costs Of Having (Too) Many Choices: Reshaping The Doctrine Of Informed Consent, Maytal Gilboa, Omer Y. Pelled
Brooklyn Law Review
This article suggests a reshaping of the doctrine of informed consent to accommodate the potential costs of choices vis-à-vis patients’ well-being. Applying insights from psychology and behavioral economics, it makes four main claims. First, the current doctrine imposes a broad duty of disclosure on physicians toward their patients, based on the premise that patients want and need to know all the alternative treatments for their ailment. We argue that this premise is misguided. The process of choice making is not cost free. Since patients incur costs when they must choose a treatment from too many alternatives, the current duty should …
Law In The Time Of Zika: Disability Rights And Reproductive Justice Collide,
2019
Brooklyn Law School
Law In The Time Of Zika: Disability Rights And Reproductive Justice Collide, Seema Mohapatra
Brooklyn Law Review
This article focuses on finding common ground between those seeking to ensure abortion access and those advocating for disability rights, using the reaction to the Zika virus as a case study. Although the symptoms of Zika in women were often mild, the correlation of Zika infection in pregnant women to microcephaly affecting their newborns led to travel advisories and alarm bells for pregnant women in areas where the Zika virus was prevalent. Although the rise of microcephaly and its connection to Zika was a cause for concern and investigation, the condition itself is not a death sentence, as headlines suggested. …
Equitable Health Savings Accounts,
2019
New York University Law School
Equitable Health Savings Accounts, Samuel Estreicher, Clinton G. Wallace
Faculty Publications
This Article offers the first comprehensive legal-policy critique of existing Health Savings Accounts (HSAs), arguing that the current approach is redistributively regressive, thus exacerbating inequality, and also fails to accomplish stated healthcare goals. We propose an alternative—Equitable Health Savings Accounts—which uses cash grants as a tool to address both of these problems. Equitable HSAs are a market-based social program that calibrates size and delivery of a government subsidy to help the least well off and to facilitate participation in healthcare markets. Equitable HSAs can serve as a model for using cash grants to bridge the gap between Republican social policy …
The Patent Ability Of Genetic Therapies: Car-T And Medical Treatment Exclusions Around The World,
2019
University of Buenos Aires
The Patent Ability Of Genetic Therapies: Car-T And Medical Treatment Exclusions Around The World, Luis Gil Abinader, Jorge L. Contreras
American University International Law Review
No abstract provided.
An Analysis And Critique Of Mental Health Treatment In American State Prisons And Proposal For Improved Care,
2019
Claremont Colleges
An Analysis And Critique Of Mental Health Treatment In American State Prisons And Proposal For Improved Care, Shelby Hayne
Scripps Senior Theses
Mental health treatment in state prisons is revealed to be highly variable, under-funded, and systematically inadequate. Existing literature exposes this injustice but fails to provide a comprehensive proposal for reform. This paper attempts to fill that gap, outlining a cost-effective, evidence-based treatment proposal, directly addressing the deficits in care revealed through analysis of our current system. In addition, this paper provides historical overviews of the prison system and mental health treatment, utilizing theoretical perspectives to contextualize this proposal in the present state of affairs. Lastly, the evidence is provided to emphasize the potential economic and social benefits of improving mental …
Masthead,
2019
Case Western Reserve University School of Law
Masthead, Volume 29 (2019)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
