"Mad Plaintiff Disease?" Tobacco Litigation And The British Debate Over Adoption Of U.S.-Style Tort Litigation Methods,
2014
University of Georgia School of Law
"Mad Plaintiff Disease?" Tobacco Litigation And The British Debate Over Adoption Of U.S.-Style Tort Litigation Methods, Kristen Gartman Rogers
Georgia Journal of International & Comparative Law
No abstract provided.
A Policy In Flux: New York State’S Evolving Approach To Human Subjects Research Involving Individuals Who Lack Consent Capacity (Forthcoming),
2014
IIT Chicago-Kent College of Law
A Policy In Flux: New York State’S Evolving Approach To Human Subjects Research Involving Individuals Who Lack Consent Capacity (Forthcoming), Valerie Gutmann Koch
All Faculty Scholarship
No abstract provided.
The Hidden Costs Of Health Care Cost-Cutting: Toward A Postneoliberal Health-Reform Agenda,
2014
University of Maryland Francis King Carey School of Law
The Hidden Costs Of Health Care Cost-Cutting: Toward A Postneoliberal Health-Reform Agenda, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
Law & Healthcare Newsletter, V. 22, No. 1, Fall 2014,
2014
University of Maryland Francis King Carey School of Law
Law & Healthcare Newsletter, V. 22, No. 1, Fall 2014
Law & Health Care Newsletter
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Fall 2014,
2014
University of Maryland Francis King Carey School of Law
Mid-Atlantic Ethics Committee Newsletter, Fall 2014
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Newsletter Fall 2014,
2014
University of Maryland Francis King Carey School of Law
The Illusion Of Autonomy In Women's Medical Decision-Making,
2014
University of Louisville Louis D. Brandeis School of Law
The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie R. Abrams
Florida State University Law Review
This Article considers why there is not more conflict between women and their doctors in obstetric decision-making. While patients in every other medical context have complete autonomy to refuse treatment against medical advice, elect high-risk courses of action, and prioritize their own interests above any other decision-making metric, childbirth is viewed anomalously because of the duty to the fetus that the state and the doctor owe at birth. Many feminist scholars have analyzed the complex resolution of these conflicts when they arise, particularly when the state threatens to intervene to override the birthing woman’s autonomy.
This Article instead considers the …
For The Love Of The Game: The Case For State Bans On Youth Tackle Football,
2014
University of Michigan Law School
For The Love Of The Game: The Case For State Bans On Youth Tackle Football, Adam Bulkley
University of Michigan Journal of Law Reform Caveat
This football season, millions of Americans enjoying their favorite pastime might feel pangs of a guilty conscience. Years of scientific research into the long-term neurological effects of tackle football and a recent settlement between the National Football League (NFL) and thousands of retired NFL players have made football-related traumatic brain injuries (TBI) a topic of national conversation. Current and former NFL players and even President Obama have participated in the conversation, saying that they would hesitate to let their sons play the game for fear of possible brain injury. Because research has uncovered signs of permanent brain damage in players …
The Medical Device Excise Tax: An Unfair Burden,
2014
Indiana University Maurer School of Law
The Medical Device Excise Tax: An Unfair Burden, Elizabeth M. Bolka
Indiana Law Journal
No abstract provided.
Abortion And The “Woman Question”: Forty Years Of Debate,
2014
Yale Law School
Abortion And The “Woman Question”: Forty Years Of Debate, Reva B. Siegel
Indiana Law Journal
This paper was presented as the Addison C. Harris Lecture at the Indiana University Maurer School of Law, Bloomington, Indiana, September 27, 2012.
Physicians' Perspectives On The Current Handling Of Medical Malpractice In Jordan,
2014
SIT Graduate Institute/SIT Study Abroad
Physicians' Perspectives On The Current Handling Of Medical Malpractice In Jordan, Jason Yohan Hwang
Independent Study Project (ISP) Collection
Research on medical malpractice has increased over the past few decades. However, such studies have primarily focused on malpractice in Western countries like America. In areas like the Middle East, studies on malpractice has been lacking. Thus, this study tries to fill this gap. The purpose of this study is to understand physicians’ perspectives on the current handling of medical malpractice in Jordan. To answer this research question, the study uses both surveys and interviews to focus on three main themes: one, physicians’ understanding of the term, malpractice; two, evaluation of the current malpractice system; and three, attitudes toward a …
Human Rights Infringements In Brazil’S Penitentiary System Understood Through Access To Healthcare,
2014
SIT Study Abroad
Human Rights Infringements In Brazil’S Penitentiary System Understood Through Access To Healthcare, Sara Morris
Independent Study Project (ISP) Collection
Brazil has a reputation of being home to some of the worst penitentiary conditions worldwide, eventually leading the United Nations to make an appeal to the Brazilian government in 2003 to analyze their systems and make necessary improvements. The poor conditions and lack of access to legal counsel, living space, and specifically healthcare, cause riots and uprisings within prisons that in the past have lead to death of prisoners and guards. Prisons serve a very specific purpose in society, and according to most social theorists that is to reform, not to torture. In Brazil there is no capital punishment, so …
Non-Price Competition In “Substitute" Drugs: The Ftc's Blind Spot,
2014
University of Baltimore School of Law
Non-Price Competition In “Substitute" Drugs: The Ftc's Blind Spot, Gregory Dolin
All Faculty Scholarship
As the recent case of United States v. Lundbeck illustrates, the Federal Trade Commission’s lack of knowledge in medical and pharmacological sciences affects its evaluation of transactions between medical and pharmaceutical companies that involve transfers of rights to manufacture or sell drugs, causing the agency to object to such transactions without solid basis for doing so. This article argues that in order to properly define a pharmaceutical market, one must not just consider the condition that competing drugs are meant to treat, but also take into account whether there are “off-label” drugs that are used to treat a relevant condition, …
Heterogeneity In Irb Policies With Regard To Disclosures About Payment For Participation In Recruitment Materials,
2014
Boston University School of Law
Heterogeneity In Irb Policies With Regard To Disclosures About Payment For Participation In Recruitment Materials, Megan S. Wright, Christopher Robertson
Faculty Scholarship
Scholars have documented variation in the way local Institutional Review Boards differently adjudicate identical research proposals. It is unclear whether such heterogeneity is due to variation in positive policies, or variation in human processes of interpretation and enforcement. A particularly interesting question relates to whether investigators are allowed to provide truthful information about research opportunities to potential participants, which some IRBs seem to forbid. We investigated local IRB policies on disclosing the amount of compensation in recruitment materials by conducting a census of the top 100 institutions by receipt of NIH funding in 2012. We downloaded the relevant policies and …
The Illusion Of Autonomy In Women's Medical Decision-Making,
2014
American University Washington College of Law
The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams
Scholarly Articles in Law Reviews & Journals
This article considers why there is not more conflict between women and their doctors in obstetric decision-making. While patients in every other medical context have complete autonomy to refuse treatment against medical advice, elect high-risk courses of action, and prioritize their own interests above any other decision-making metric, childbirth is viewed anomalously because of the duty to the fetus that the state and the doctor owe at birth. Many feminist scholars have analyzed the complex resolution of these conflicts when they arise, particularly when the state threatens to intervene to override the birthing woman’s autonomy. This article instead considers the …
Our 'Patchwork' Health Care System: Melodic Variations, Counterpoint, And The Future Role Of Physicians,
2014
Texas A&M University School of Law
Our 'Patchwork' Health Care System: Melodic Variations, Counterpoint, And The Future Role Of Physicians, William M. Sage
Faculty Scholarship
This Foreword to a forthcoming symposium on the "patchwork" health care system to be published in the Houston Journal of Health Law & Policy considers whether current reactions to fragmentation in health care represent minor variations on a longstanding theme in US health policy or offer a more substantial counterpoint to that theme. The theme is this: that perfect physicians should be allowed to control health care even if safeguards are needed in practice because real physicians are not perfect. The Foreword previews four scholarly articles featured in the published symposium. It concludes that, while all the articles present original …
Many Paths To Primary Care: Flexible Staffing And Productivity In Community Health Centers,
2014
George Washington University
Many Paths To Primary Care: Flexible Staffing And Productivity In Community Health Centers, Leighton C. Ku, Bianca K. Frogner, Erika Steinmetz, Patricia Pittman
Health Policy and Management Issue Briefs
No abstract provided.
Procreating From Prison: Evaluating British Prisoners' Right To Artificially Inseminate Their Wives Under The United Kingdom's New Human Rights Act And The 2001 Mellor Case,
2014
University of Georgia School of Law
Procreating From Prison: Evaluating British Prisoners' Right To Artificially Inseminate Their Wives Under The United Kingdom's New Human Rights Act And The 2001 Mellor Case, Pollybeth Proctor
Georgia Journal of International & Comparative Law
No abstract provided.
Mending Broken Promises: Analyzing The Legality Of U.S. Withdrawal Of United Nations Population Fund Appropriations And The Need For Binding Un Commitments,
2014
University of Georgia School of Law
Mending Broken Promises: Analyzing The Legality Of U.S. Withdrawal Of United Nations Population Fund Appropriations And The Need For Binding Un Commitments, Kristi Uhrinek
Georgia Journal of International & Comparative Law
No abstract provided.
The Ebola Epidemic: A Public Health Emergency Of International Concern,
2014
Georgetown University Law Center
The Ebola Epidemic: A Public Health Emergency Of International Concern, Lawrence O. Gostin, Daniel Lucey, Alexandra Phelan
Georgetown Law Faculty Publications and Other Works
On August 8, 2014, the World Health Organization (WHO) Director-General Margaret Chan declared the West Africa Ebola crises a “public health emergency of international concern,” triggering powers under the 2005 International Health Regulations (IHR).
The most affected West African states have attempted classic public health measures with varied success, including quarantine and isolation, social distancing, risk communication, and travel restrictions. These have involved a trade off between population health and human rights; sometimes to the disadvantage of both. At the same time, the countries’ health systems and human resources are fragile, impeding an effective response.
Beyond the public health and …
