Mixed Messages: The Intersection Of Prenatal Genetic Testing And Abortion,
2012
University of Maryland Francis King Carey School of Law
Mixed Messages: The Intersection Of Prenatal Genetic Testing And Abortion, Rachel Rebouché, Karen H. Rothenberg
Faculty Scholarship
This article, prepared for the 2011 Wiley A. Branton Symposium at Howard Law School, provides a snapshot of how current law and practice generate mixed messages about prenatal genetic testing and abortion. The ability to screen and to test for genetic conditions prenatally is expanding, not only because of technological innovations but also because of increased legal and financial incentives. At the same time that prenatal genetic testing is expanding, abortion – one option pregnant women have after testing – is contracting. Federal and state legislation restricts abortion services, for example, by reducing or prohibiting funding; banning the types or …
Manipulating Fate: Medical Innovations, Ethical Implications, Theatrical Illuminations,
2012
University of Maryland Francis King Carey School of Law
Manipulating Fate: Medical Innovations, Ethical Implications, Theatrical Illuminations, Karen H. Rothenberg, Lynn W. Bush
Faculty Scholarship
Transformative innovations in medicine and their ethical complexities create frequent confusion and misinterpretation that color the imagination. Placed in historical context, theatre provides a framework to reflect upon how the ethical, legal, and social implications of emerging technologies evolve over time and how attempts to control fate through medical science have shaped -- and been shaped by -- personal and professional relationships. The drama of these human interactions is powerful and has the potential to generate fear, create hope, transform identity, and inspire empathy -- a vivid source to observe the complex implications of translating research into clinical practice through …
Accountable Care Organizations In The Affordable Care Act,
2012
University of Maryland Francis King Carey School of Law
Accountable Care Organizations In The Affordable Care Act, Frank Pasquale
Faculty Scholarship
No abstract provided.
Law & Health Care Newsletter, V. 20, No. 1, Fall 2012,
2012
University of Maryland Francis King Carey School of Law
Law & Health Care Newsletter, V. 20, No. 1, Fall 2012
Law & Health Care Newsletter
No abstract provided.
The Affordable Care Act Individual Coverage Requirement: Ways To Frame The Commerce Clause Issue,
2012
Boston University School of Law and Boston University School of Medicine
The Affordable Care Act Individual Coverage Requirement: Ways To Frame The Commerce Clause Issue, Wendy K. Mariner
Annals of Health Law and Life Sciences
No abstract provided.
Where Are All The Citizens Suits ?: The Failure Of Safe Drinking Water Enforcement In The United States,
2012
Case Western Reserve University School of Law
Where Are All The Citizens Suits ?: The Failure Of Safe Drinking Water Enforcement In The United States, Christine L. Rideout
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Making Contraception Easier To Swallow: Background And Religious Challenges To The Hhs Rule Mandating Coverage Of Contraceptives,
2012
University of Maryland Francis King Carey School of Law
Making Contraception Easier To Swallow: Background And Religious Challenges To The Hhs Rule Mandating Coverage Of Contraceptives, Chad Brooker
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Taming The Beast Of Health Care Costs: Why Medicare Reform Alone Is Not Enough,
2012
California Western School of Law
Taming The Beast Of Health Care Costs: Why Medicare Reform Alone Is Not Enough, Susan A. Channick
Annals of Health Law and Life Sciences
No abstract provided.
Putting Together The Pieces: Recent Proposals To Fill In The Genetic Testing Regulatory Puzzle,
2012
Loyola University Chicago, School of Law
Putting Together The Pieces: Recent Proposals To Fill In The Genetic Testing Regulatory Puzzle, Serra J. Schlanger
Annals of Health Law and Life Sciences
The idea that genetic information is different from other medical information and therefore needs special protection has led to a regulatory puzzle where genetic testing is currently regulated under three separate schemes. Although genetic tests for over 2,000 diseases are available, less than 10% of these tests have been reviewed for clinical validity or utility. Recent action by some genetic testing companies has prompted the federal government to propose changes to the current regulatory scheme. This article discusses the current framework and the recent developments before examining some of the concerns and challenges that face the implementation of these proposed …
Why Primary Patents Covering Biologics Should Be Unforceable Against Generic Applicants Under The Biologics Price Competition And Innovation Act,
2012
Georgia State University College of Law
Why Primary Patents Covering Biologics Should Be Unforceable Against Generic Applicants Under The Biologics Price Competition And Innovation Act, Yaniv Heled
Annals of Health Law and Life Sciences
No abstract provided.
Constitutional Newspeak: Learning To Love The Affordable Care Act Decision,
2012
University of Cincinnati College of Law
Constitutional Newspeak: Learning To Love The Affordable Care Act Decision, A. Christopher Bryant
Faculty Articles and Other Publications
In his classic dystopian novel, 1984, George Orwell imagines a world in which language is regularly contorted to mean its opposite - as in the waging of war by the Ministry of Peace and infliction of torture by the Ministry of Love. A core claim of Orwell's was that such abuse of language - which in his novel he labeled "Newspeak"-would ultimately channel thought. Whatever the merits of this claim as a theory of linguistics, constitutional developments too recent to be called history demonstrate that as a practical matter Orwell was on to something. The Court's June 28 decision both …
Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress,
2012
University of Maryland Francis King Carey School of Law
Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Constitutional Forbearance,
2012
University of Cincinnati College of Law
Constitutional Forbearance, A. Christopher Bryant
Faculty Articles and Other Publications
This essay begins by developing the concept of constitutional forbearance and exploring the role it plays in the craft of good judging. This first Part also illustrates what is meant by constitutional forbearance by recovering a forgotten but illustrative example from a century ago. Part II then argues that the need for forbearance has at present become unusually acute. Finally, in Part III this essay identifies some of the qualities of the Obama care cases that make them such singular opportunities for the exercise of this much needed judicial virtue and answers some anticipated objections to thinking about the cases …
Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate,
2012
University of Richmond
Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate, Rachel Reynolds
Richmond Journal of Law and the Public Interest
coverage seems to have become overshadowed. This paper will inquire into what makes Gardasil different from other vaccines, and how that impacts its administration. Part I will describe the specifics of the HPV vaccine: how it works and how Virginia decided to promote its usage. Part II will examine the ways in which jurisdictions have traditionally understood vaccination policy, and contrast it with the ways in which they have handled the HPV vaccine. Part III will examine the disadvantages of continuing the mandate's ineffective political war of attrition, and suggest a coalition-building strategy to effect policy that honors communal values …
Pain As Fact And Heuristic: How Pain Neuroimaging Illuminates Moral Dimensions Of Law,
2012
University of Maryland School of Law
Pain As Fact And Heuristic: How Pain Neuroimaging Illuminates Moral Dimensions Of Law, Amanda C. Pustilnik
Faculty Scholarship
Legal statuses, prohibitions, and protections often turn on the presence and degree of physical pain. In legal domains ranging from tort to torture, pain and its degree do important definitional work by delimiting boundaries of lawfulness and of entitlements. The omnipresence of pain in law suggests that the law embodies an intuition about the ontological primacy of pain. Yet, for all the work done by pain as a term in legal texts and practice, it has had a confounding lack of external verifiability. As with other subjective states, we have been able to impute pain’s presence but have not been …
Professional Power And The Standard Of Care In Medicine,
2012
Case Western University School of Law
Professional Power And The Standard Of Care In Medicine, Maxwell J. Mehlman
Faculty Publications
Since before the founding of the Republic, American medicine has been fighting a war to control the standard of care that physicians are expected to provide to their patients. It has waged battles on two fronts: against internal disagreements within the profession over what constitutes proper care, and against attempts to delineate the standard of care by forces outside the profession, such as private health insurers, the government, and the judicial system.
Options For State And Local Governments To Regulate Non-Cigarette Tobacco Products,
2012
William Mitchell College of Law
Options For State And Local Governments To Regulate Non-Cigarette Tobacco Products, Michael Freiberg
Annals of Health Law and Life Sciences
Most tobacco control laws were written to address the scourge of smoking - particularly smoking cigarettes. As a result, these laws frequently exclude non-cigarette tobacco products, which are becoming more prevalent on the market. These regulatory gaps jeopardize public health by increasing the possibility that these products will be used - particularly by minors and young adults. This article examines gaps in regulation using five products as case studies: dissolvable tobacco products, electronic cigarettes, little cigars, snus, and water pipes. In addition, this article presents policy options that state and local governments can adopt to regulate these products more effectively, …
Table Of Contents,
2012
Loyola University Chicago, School of Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
Using Informed Consent To Reduce Preventable Medical Errors,
2012
Albany Law School and Albany Medical College
Using Informed Consent To Reduce Preventable Medical Errors, Evelyn M. Tenenbaum
Annals of Health Law and Life Sciences
No abstract provided.
The Role Of Clinical Practice Guidelines In Healthcare Reform: An Update,
2012
The Wharton School
The Role Of Clinical Practice Guidelines In Healthcare Reform: An Update, Arnold J. Rosoff
Annals of Health Law and Life Sciences
No abstract provided.
