Health Law and Policy Commons^™

United States Food Law Update: The Fda Food Safety Modernization Act, Obesity And Deceptive Labeling Enforcement, A. Bryan Endres, Nicholas R. Johnson

Journal of Food Law & Policy

The long-awaited enactment of the FDA Food Safety Modernization Act (FSMA), the most significant amendment to the Federal Food, Drug, and Cosmetic Act in several decades, provides the Food and Drug Administration (FDA) with significantly enhanced jurisdiction to close some of the gaps in the domestic food safety system. The enhanced FDA authority, however, will have little impact on the shared governance system at the federal level that involves multiple agencies, as the Act does not address the U.S. General Accounting Office's (GAO) repeated calls for consolidation of the fragmented federal food safety system. Rather, the Act perpetuates the division …

Intended And Unintended Consequences Of Youth Bicycle Helmet Laws, Christopher (Kitt) Carpenter, Mark Stehr

Vanderbilt Law School Faculty Publications

More than 20 states have adopted laws requiring youths to wear a helmet when riding a bicycle. We confirm previous research indicating that these laws reduced fatalities and increased helmet use, but we also show that the laws significantly reduced youth bicycling. We find this result in standard two-way fixed-effects models of parental reports of youth bicycling and in triple-difference models of self-reported bicycling among high school youths that explicitly account for bicycling by youths just above the age threshold of the helmet law. Our results highlight important intended and unintended consequences of a well-intentioned public policy.

Charitable Fsas: A Proposal To Combine Healthcare And Charitable Giving Tax Provisions, Adam Chodorow

BYU Law Review

No abstract provided.

Dangerous People Or Dangerous Weapons: Access To Firearms For Persons With Mental Illness, Lawrence O. Gostin, Katherine L. Record

Georgetown Law Faculty Publications and Other Works

The recent attempted assassination of Rep. Gabrielle Giffords has once again focused the nation’s attention on the danger of the wide availability of firearms.  The Supreme Court has ruled that gun restrictions may only be imposed on those deemed “prohibited persons” under the Gun Control Act of 1968.  Although some are easily identifiable (e.g., children, convicted felons), one widely inclusive group is not – the mentally ill.

The current system designed to bar the mentally ill from purchasing or possessing firearms is ineffectual due to a lack of reporting and the existence of loopholes.  What’s more, no state has developed …

Kinder V. Geithner - District Court Opinion Dismissing Complaint, United States District Court For The Eastern District Of Missouri

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Placebos: Ethical Research Or Unethical Deceit, Tawnya Schirmeister, Sabrina Crilley

Festival of Communities: UG Symposium (Posters)

There is an ongoing debate between whether or not it is ethical for researchers to use placebos while studying terminal illnesses. Within this debate there are two parties, the party that believes that it is ethical and the party that believes that it is not. Both parties have many valid points and have very detailed arguments against one another. When determining whether or not the use of placebos is ethical or not, you must first understand what a placebo is, and what the different types are. This paper goes over what a placebo is, what the different types are, and …

Using Placebos In Research Involving Terminal Illnesses, Mark Day, Ryan Hicks

Festival of Communities: UG Symposium (Posters)

Placebos are medical interventions that falsely lead patients to believe that they are receiving treatment and that their condition is being changed, when truly no specific treatment is being administered. Using placebos in research involving terminal illnesses has become debatable. While a placebo could potentially give way to new treatments, through testing alongside a specific drug in a clinical trial, the placebo itself may fail and the patient is not cured leading to possible fatality. It has been found that using placebos in research, like performing surgeries, can aid in medical or clinical research and could help our society financially …

U.S. Citizens Ass'n V. Sebelius - Brief Of Appellants, U.S. Citizens Association

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Transplant Candidates And Substance Use: Adopting Rational Health Policy For Resource Allocation, Erin Minelli, Bryan A. Liang

University of Michigan Journal of Law Reform

Organ transplant candidates are often denied life saving organs on account of their medical marijuana drug use. Individuals who smoke medicinal marijuana are typically classified as substance abusers, and ultimately deemed ineligible for transplantation, despite their receipt of the drug under a physician's supervision and prescription. However, patients who smoke cigarettes or engage in excessive alcohol consumption are routinely considered for placement on the national organ transplant waiting list. Transplant facilities have the freedom to regulate patient selection criteria with minimal oversight. As a result, the current organ allocation system in the United States is rife with inconsistencies and results …

Virginia V. Sebelius - Association Of American Physicians And Surgeons Amicus Brief, Association Of American Physicians And Surgeons

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Virginia V. Sebelius - Cato Institute Amicus Brief, Cato Institute

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Virginia V. Sebelius - Justice And Freedom Fund Amicus Brief, Justice And Freedom Fund

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Virginia V. Sebelius - Washington Legal Foundation Amicus Brief, Ilya Somin

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Getting Past The Politics: How The Healthcare Reform Affects You, Fazal Khan, Sylvia Caley, David Howard, Glenn Pearson

Working in the Public Interest Conferences

Discusses the anticipated implications of the Patient Protection and Affordable Care Act on Georgia residents with particular focus on specific demographic groups.

Mid-Atlantic Ethics Committee Newsletter, Spring-Summer 2011

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Health Law Outlook - Volume 4, Issue 2 (Spring 2011)

Health Law Outlook (archive)

Inside this issue:

• Smoke Free NYC: New Trends in Public and Private Smoking Restrictions, Matthew McKennan
• Bullying as a Public Health Concern: A Look at New Jersey’s Anti-Bullying Bill of Rights, Brandon Wolff
• Special Feature The Patient Protection and Affordable Care Act: The Road to the Supreme Court
• Prescription Drug Monitoring Programs: A Discussion of Potential Practitioner Liability, Ashley Abraham
• Mandating the HPV Vaccine for School-Age Children: Considering the Debate Five Years Later, Regina Ram

Florida V. Hhs - Brief For Appellants, United States Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Finding A Cure In The Courts: A Private Right Of Action For Disparate Impact In Health Care, Sarah G. Steege

Michigan Journal of Race and Law

There is no comprehensive civil rights statute in health care comparable to the Fair Housing Act, Title VII, and similar laws that have made other aspects of society more equal. After Congress passed the Civil Rights Act of 1964, Title VI served this purpose for suits based on race, color, and national origin for almost four decades. Since the Supreme Court's 2001 ruling in Alexander v. Sandoval, however, there has been no private right of action for disparate impact claims under Title VI, and civil rights enforcement in health care has suffered as a result. Congress has passed new legislation …

The Bell Is Tolling: Retiree Health Benefits Post-Health Reform, Susan E. Cancelosi

Law Faculty Research Publications

Millions of retirees rely each year on employment-based health insurance to pay for medical expenses not covered by Medicare. Employment-based health insurance is often the only reasonable means by which early retirees can obtain health insurance coverage because of the exorbitant costs associated with purchasing individual insurance. As the costs of providing health insurance and medical care have skyrocketed, fewer and fewer employers continue to provide retiree health insurance coverage to their employees, and those that do shift much of the cost to the retirees themselves. Within this context Professor Cancelosi examines the future of employment-based retiree health benefits in …

The Positive Case For Centralization In Health Care Regulation: The Federalism Failures Of The Aca, Abigail R. Moncrieff, Eric Lee

Law Faculty Articles and Essays

Although the ACA accomplishes significantly greater centralization of authority for healthcare regulation, it falls far short of the full centralization that seems functionally justified. There is no doubt that the states have played an important role in healthcare regulation throughout the nation's history, but that role is becoming increasingly irrelevant as healthcare regulation becomes increasingly technocratic—i.e., increasingly objectivist and data-driven. The ACA is a step in the right direction, but the U.S. should further centralize authority over healthcare.