Expectant Fathers, Abortion, And Embryos,
2015
Penn State Law
Expectant Fathers, Abortion, And Embryos, Dara Purvis
Faculty Scholarship
One thread of abortion criticism, arguing that gender equality requires that men be allowed to terminate legal parental status and obligations, has reinforced the stereotype of men as uninterested in fatherhood. As courts facing disputes over stored pre-embryos weigh the equities of allowing implantation of the pre-embryos, this same gender stereotype has been increasingly incorporated into a legal balancing test, leading to troubling implications for ART and family law.
What Patients With Disability Teach Us About The Everyday Ethics Of Healthcare,
2015
University of Washington School of Law
What Patients With Disability Teach Us About The Everyday Ethics Of Healthcare, Elizabeth Pendo
Articles
In Healers: Extraordinary Clinicians at Work, by David Schenck and Dr. Larry Churchill, and in What Patients Teach: The Everyday Ethics of Health Care, their follow-up with Joseph Fanning, the authors look at the everyday experience of health care and the relationships that shape it. They call attention to the ethical dimensions of the clinical encounter and the hope for, and desirability of, a genuine human engagement between the clinician and the patient. In their view, healers are clinicians who cultivate a therapeutic relationship with their patients. They identify a set of skills that accomplish this, including welcoming …
From Bibles To Biomarkers: The Future Of The Dsm And Forensic Psychiatric Diagnosis,
2015
University of Utah, S.J. Quinney College of Law
From Bibles To Biomarkers: The Future Of The Dsm And Forensic Psychiatric Diagnosis, Teneille R. Brown
Utah Law Faculty Scholarship
Given its importance to the law, it is regrettable that judges and lawyers do not fully understand how the DSM is constructed, and the bedrock of values on which it rests. As evidence of this, lawyers and judges often refer to the DSM as the “psychiatric bible.” This language is both fascinating and perplexing. This Article will attempt to correct the notion that the DSM is a legal “psychiatric bible” by explaining how it is created and used by the medical field. It will also provide a few reasons why the law may have come to view it as a …
Risk Management And Conflicts Of Interest,
2015
S.J. Quinney College of Law, University of Utah
Risk Management And Conflicts Of Interest, Leslie P. Francis
Utah Law Faculty Scholarship
Risk management aims to reduce the costs of adverse events. In entities such as hospitals, risk managers do this in two ways: reducing the likelihood or seriousness of adverse events and reducing the costs of these events when they do happen. Activities aimed at the latter present direct conflicts of interest between protecting the institution and respecting the interests of the clients served by the institution—so-called institutional conflicts of interest. Activities aimed at the former would appear to benefit all parties--those at risk of accidents (because the risk is reduced) and the institution (because reducing risks also reduces the costs …
Denying Death,
2015
S.J. Quinney College of Law, University of Utah
Denying Death, Teneille R. Brown
Utah Law Faculty Scholarship
Terminal cancer patients are being kept in the dark about the purpose of their care. Several studies show that these patients undergo expensive and painful interventions because they are holding out hope for a cure, even when their physicians know that a cure is very unlikely. The current Medicare reimbursement system encourages this false hope by incentivizing physicians to medicate and operate on patients, rather than to talk about whether or why to do these things. Our culture also encourages this false hope by treating cancer as a war that must be won. As a result, patients are admitted to …
Draft Provincial/Territorial Legislation To Implement A Regulatory Framework For Medically-Assisted Dying Consistent With Carter V. Canada (Attorney General) 2015 Scc 5 And The Final Report Of The Provincial-Territorial Expert Advisory Group On Physician-Assisted Dying,
2015
Dalhousie University - Schulich School of Law
Draft Provincial/Territorial Legislation To Implement A Regulatory Framework For Medically-Assisted Dying Consistent With Carter V. Canada (Attorney General) 2015 Scc 5 And The Final Report Of The Provincial-Territorial Expert Advisory Group On Physician-Assisted Dying, Jocelyn Downie
Reports & Public Policy Documents
On February 6, 2015, the Supreme Court of Canada unanimously declared that the Criminal Code prohibitions on physician-assisted dying (both assisted suicide and voluntary euthanasia) violate the Canadian Charter of Rights and Freedoms. They immediately suspended the declaration for 12 months thus allowing the government time to craft new legislation. This paper is a contribution to the project of meeting that deadline -- it presents draft provincial/territorial legislation. This draft legislation is based on: 1) a thorough review of existing legislation in all permissive regimes throughout the world (reviewed through a "lessons learned" lens); 2) the requirements for constitutional validity …
Hiv Infrastructure Study Jackson, Mississippi,
2015
Duke Law School
Hiv Infrastructure Study Jackson, Mississippi, Susan S. Reif, Elena Wilson, Carolyn Mcallaster, Miriam Berger
Faculty Scholarship
No abstract provided.
Denaturalizing Transparency In Drug Regulation,
2015
Dalhousie University - Schulich School of Law
Denaturalizing Transparency In Drug Regulation, Matthew Herder
Articles, Book Chapters, & Popular Press
In the arena of pharmaceutical drug regulation, transparency is the favoured focus of many current policy initiatives. Transparency is predominantly understood in terms of information disclosure. Requirements to register clinical trials, publish summary results, share clinical trial data, and disclose physician-industry relationships as well as rationales behind regulatory decision making are each predicated upon this idea that imparting information will both inform and deter unwanted behaviours. In this paper, I argue that understanding transparency qua disclosure has clear limitations and suggest transparency can and should serve an additional function - namely, of enabling standard setting through a more participatory, public …
Children's Health In A Legal Framework,
2015
Columbia Law School
Children's Health In A Legal Framework, Elizabeth S. Scott, Clare Huntington
Faculty Scholarship
The interdisciplinary periodical Future of Children has dedicated an issue to children’s health policy. This contribution to the issue maps the legal landscape influencing policy choices. The authors demonstrate that in the U.S. legal system, parents have robust rights, grounded in the Constitution, to make decisions concerning their children’s health and medical treatment. Following from its commitment to parental rights, the system typically assumes the interests of parents and children are aligned, even when that assumption seems questionable. Thus, for example, parents who would limit their children’s access to health care on the basis of the parents’ religious belief have …
Does The Dsm-5 Threaten Autism Service Access?,
2015
Princeton University
Does The Dsm-5 Threaten Autism Service Access?, Rebecca Johnson
Utah Law Review
The present paper addressed the question: how will the DSM-5 revisions impact access to autism services? While media commentators posited a straightforward link between DSM-5 changes and service access, we should consider the different strength of couplings between a DSM diagnosis and entitlement access by investigating the factors that result in a diagnoses translation into service access. The Article began by outlining the pre DSM-5 policy background for autism entitlements. This background helps contextualize the policy environment into which the DSM-5 changes entered. Rather than examining autism medical and educational services in isolation, we should conceive of these services as …
Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care,
2015
University of Colorado Law School
Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care, Dayna Bowen Matthew
Publications
No abstract provided.
“Play Or Pay”: Interpreting The Employer Mandate Of The Patient Protection And Affordable Care Act As It Relates To Tribal Employers,
2015
University of Oklahoma College of Law
“Play Or Pay”: Interpreting The Employer Mandate Of The Patient Protection And Affordable Care Act As It Relates To Tribal Employers, Rachel Sibila
American Indian Law Review
No abstract provided.
Kickbacks And Contradictions: The Anti-Kickback Statute And Electronic Health Records,
2015
Vanderbilt University Law School
Kickbacks And Contradictions: The Anti-Kickback Statute And Electronic Health Records, Daniel E. Rheiner
Vanderbilt Journal of Entertainment & Technology Law
The Obama Administration has made the universal adoption of electronic health records a major policy priority, passing the Health Information Technology for Economic and Clinical Health (HITECH) Act, which creates incentives for physicians and hospitals to computerize their medical records. This effort has been largely successful, as evidenced by the significant increase in medical providers who have adopted electronic health records. However, for the President to achieve his goal of computerizing all medical records in the United States, he will need to ensure that other federal laws do not conflict with the incentive structure created by the HITECH Act. The …
Vets Just Want Fair Benefits,
2015
St. Mary's University School of Law
Vets Just Want Fair Benefits, Patricia E. Roberts
Faculty Articles
No abstract provided.
State’S Highest Bench Approves Reduced Charges For Hiv Transmission,
2015
New York Law School
State’S Highest Bench Approves Reduced Charges For Hiv Transmission, Arthur S. Leonard
Other Publications
No abstract provided.
The Subsidy Question In King V. Burwell,
2015
The Catholic University of America, Columbus School of Law
The Subsidy Question In King V. Burwell, Antonio F. Perez
Scholarly Articles
On the surface, King v. Burwell appears to be a simple case about statutory interpretation. In the Affordable Care Act (widely known as Obamacare), when Congress referred to the “State,” in the provision triggering federal subsidies to insurance consumers for purchases made from federally-authorized insurance providers selling federally-authorized insurance products, should the “State” be understood to refer to the federal market (i.e., exchanges) as well as “State” markets. Simple tools of statutory construction–namely, that Congress knew full well how to refer to a “federal” exchange and failed to do so–would seem to be sufficient to supply a result. It would …
The Four Stages Of Youth Sports Tbi Policymaking: Engagement, Enactment, Research, And Reform,
2015
Temple University Beasley School of Law
The Four Stages Of Youth Sports Tbi Policymaking: Engagement, Enactment, Research, And Reform, Hosea H. Harvey, Dionne L. Koller, Kerri M. Lowrey
All Faculty Scholarship
This article advances, for the first time, a framework for situating public health law interventions as occurring in a predictable four-stage process. In this article, written in connection with our panel at the Public Health Law Research Conference (2014), we briefly apply this four-stage framework to youth sports TBI laws, and conclude that public health lawmaking in this area is consistent with prior high-visibility public health law interventions.
Agreements To Alter The Limitation Period Imposed By U.C.C. Section 2-725: Some Overlooked Complications.,
2015
St. Mary's University
Agreements To Alter The Limitation Period Imposed By U.C.C. Section 2-725: Some Overlooked Complications., Gregory Crespi
St. Mary's Law Journal
Abstract Forthcoming.
Cueing Democracy: Replacing The Texas Election Code's Title Prohibition.,
2015
St. Mary's University
Cueing Democracy: Replacing The Texas Election Code's Title Prohibition., Christopher M. Childree
St. Mary's Law Journal
Abstract Forthcoming.
Resolving Drug Manufacturer Liability For Generic Drug Warning Label Defects.,
2015
St. Mary's University
Resolving Drug Manufacturer Liability For Generic Drug Warning Label Defects., Frank Scaglione
St. Mary's Law Journal
Although generic drugs are beneficial to consumers because they are offered as a more cost effective alternative to brand-name prescriptions, brand-name manufacturers are vulnerable to potential lawsuits because of generic drugs. Under the Drug Price Competition and Patent Term Restoration Act of 1984 (Hatch-Waxman Act), generic manufacturers are able to quickly enter the market following the termination of a brand-name drug’s patent. As a result of the Hatch-Waxman Act, 75% of all drugs on the market are generic. The Hatch-Waxman Act, however, also requires generic drug manufacturers to duplicate the brand-name drug’s warning label. As an unintended consequence, injuries have …
