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Patent Protection Of Medical Records—Focusing On Ethical Issues, Yūsuke Satō, Jiameng Kathy Liu 2011 University of Washington School of Law

Patent Protection Of Medical Records—Focusing On Ethical Issues, Yūsuke Satō, Jiameng Kathy Liu

Washington International Law Journal

The following is a translation of “Patent Protection of Medical Methods—Focusing on Ethical Issues,” an article written by Professor Yūsuke Satō in the June 2007 issue of the Japanese periodical Annual of Industrial Property Law. In Japan, despite the lack of an explicit statutory prohibition, methods of medical treatment have never been patentable. The Japan Patent Office (“JPO”) has rejected patenting medical processes on ethical grounds, interpreting that they do not fulfill the statutory requirement of “industrial applicability” in the main sentence of Article 29, Section 1 of the Patent Act, and courts have been confirming this practice. In light …


Using Payroll Deduction To Shelter Individual Health Insurance From Income Tax, David Orentlicher 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law

Using Payroll Deduction To Shelter Individual Health Insurance From Income Tax, David Orentlicher

Scholarly Works

In this article, Professor Orentlicher and his colleagues assess the impact of state laws requiring or encouraging employers to establish ‘‘section 125’’ cafeteria plans that shelter employees’ premium contributions from tax.


Can Congress Make You Buy Broccoli? And Why It Doesn’T Matter, David Orentlicher 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law

Can Congress Make You Buy Broccoli? And Why It Doesn’T Matter, David Orentlicher

Scholarly Works

No abstract provided.


The Commerical Speech Doctrine In Health Regulation: The Clash Between The Public Interest In A Robust First Amendment And The Public Interest In Effective Protection From Harm, David Orentlicher 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Commerical Speech Doctrine In Health Regulation: The Clash Between The Public Interest In A Robust First Amendment And The Public Interest In Effective Protection From Harm, David Orentlicher

Scholarly Works

No abstract provided.


Controlling Health Care Costs Through Public, Transparent Processes: The Conflict Between The Morally Right And The Socially Feasible, David Orentlicher 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law

Controlling Health Care Costs Through Public, Transparent Processes: The Conflict Between The Morally Right And The Socially Feasible, David Orentlicher

Scholarly Works

No abstract provided.


Constitutional Challenges To The Health Care Mandate: Based In Politics, Not Law, David Orentlicher 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law

Constitutional Challenges To The Health Care Mandate: Based In Politics, Not Law, David Orentlicher

Scholarly Works

No abstract provided.


Reforming State Mental Health Parity Law, Stacey A. Tovino 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law

Reforming State Mental Health Parity Law, Stacey A. Tovino

Scholarly Works

This Article is the final installment in a three-part project that presents a comprehensive challenge to lingering legal distinctions between physical and mental illness in the context of health insurance. The first installment in this series narrowly inquired as to whether the postpartum mood disorders should be classified as physical or mental illnesses in a range of health law contexts, including the context of health insurance. The second installment was broader in scope and challenged a number of federal provisions that allow publicly- and privately-funded health care programs and plans to provide mental health insurance benefits that are less comprehensive …


Masthead, Volume 21 Issue 1 (2011) 2011 Case Western Reserve University School of Law

Masthead, Volume 21 Issue 1 (2011)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 21 Issue 1 (2011), Case Western Reserve Health Matrix: Journal of Law-Medicine 2011 Case Western Reserve University School of Law

Volume 21 Issue 1 (2011), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Health Related Claims, The Market For Information, And The First Amendment, J. Howard Beales III 2011 Case Western Reserve University School of Law

Health Related Claims, The Market For Information, And The First Amendment, J. Howard Beales Iii

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Commercial Speech, Drugs, Promotion And A Tailored Advertisement Moratorium, Margaret Gilhooley 2011 Case Western Reserve University School of Law

Commercial Speech, Drugs, Promotion And A Tailored Advertisement Moratorium, Margaret Gilhooley

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Truth Or Consequences?: Commercial Free Speech Vs. Public Health Promotion (At The Fda), Lars Noah 2011 Case Western Reserve University School of Law

Truth Or Consequences?: Commercial Free Speech Vs. Public Health Promotion (At The Fda), Lars Noah

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Food And Drug Administration V. The First Amendment: A Survey Of Recent Fda Enforcement, Gerald Masoudi, Christopher Pruitt 2011 Case Western Reserve University School of Law

The Food And Drug Administration V. The First Amendment: A Survey Of Recent Fda Enforcement, Gerald Masoudi, Christopher Pruitt

Health Matrix: The Journal of Law-Medicine

No abstract provided.


A Veil Of Tax Exemption ?: A Proposal For The Continuation Of Federal Tax-Exempt Status For "Nonprofit" Hospitals, Jeremy J. Schirra 2011 Case Western Reserve University School of Law

A Veil Of Tax Exemption ?: A Proposal For The Continuation Of Federal Tax-Exempt Status For "Nonprofit" Hospitals, Jeremy J. Schirra

Health Matrix: The Journal of Law-Medicine

No abstract provided.


When Regulation Becomes Personal: Asserting Retaliatory Enforcement Claims Against Regulatory Agencies, Mark Brian Skerry 2011 Case Western Reserve University School of Law

When Regulation Becomes Personal: Asserting Retaliatory Enforcement Claims Against Regulatory Agencies, Mark Brian Skerry

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Comments: A "Familiar" Standard Of Care: What The Same Or Similar Communities Standard Could Mean For Maryland, John M. Williams Jr. 2011 University of Baltimore School of Law

Comments: A "Familiar" Standard Of Care: What The Same Or Similar Communities Standard Could Mean For Maryland, John M. Williams Jr.

University of Baltimore Law Review

No abstract provided.


Defining The Role Of Mature Minors In The Medical Research Consent Process, Isabelle M. A. French 2011 Schulich School of Law, Dalhousie University

Defining The Role Of Mature Minors In The Medical Research Consent Process, Isabelle M. A. French

LLM Theses

In recent years, there has been an increase in the number of minors included in a broad range of medical research studies. To date, however, little attention appears to have been paid to how the role of minors in the consent process leading to participation in these studies should be defined. This thesis reviews the legal and ethical instruments and principles that define the role of mature minors in the medical research consent process in Canada at present. The thesis goes on to recommend a framework that should be added to the Tri-Council Policy Statement whereby all minors undergo a …


Embracing The New Geography Of Health Care: A Novel Way To Cover Those Left Out Of Health Reform, Nathan Cortez 2011 Southern Methodist University, Dedman School of Law

Embracing The New Geography Of Health Care: A Novel Way To Cover Those Left Out Of Health Reform, Nathan Cortez

Faculty Journal Articles and Book Chapters

Even after landmark health reform in 2010, our health care system will not achieve universal coverage. The Patient Protection and Affordable Care Act is expected to leave 23 million uninsured after a decade. And until several major provisions take effect in 2014, 50 million will remain uninsured. This Article argues that cross-border health insurance plans that utilize foreign medical providers are a surprisingly feasible alternative for the residually uninsured. Cross-border plans can be much less expensive than traditional, domestic-only plans. And they might appeal to immigrants and others that are neither eligible for public plans nor able to afford private …


Ohio's Aggressive Attack On Medical Identity Theft, Stanley C. Ball 2011 Cleveland State University

Ohio's Aggressive Attack On Medical Identity Theft, Stanley C. Ball

Journal of Law and Health

This note explains the severity of medical identity theft and the state and federal legislative reactions to the problem. Specifically, the note discusses data breach notification statutes that require healthcare providers to notify consumers when the systems holding customer personal information are breached. The note concludes that Ohio’s data breach notification statute, which does not expressly cover healthcare providers, should be amended to protect residents from medical identity theft and provide redress when healthcare providers violate state law.


Making Language Access To Health Care Meaningful: The Need For A Federal Health Care Interpreters' Statute, Alvaro DeCola 2011 Cleveland State University

Making Language Access To Health Care Meaningful: The Need For A Federal Health Care Interpreters' Statute, Alvaro Decola

Journal of Law and Health

This Note will argue that there are strong public policy, and legal and equity considerations for Congress to enact a federal statute to address the inadequacies of the current policies and regulations pertaining to language access to health care. The issue has become a significant one throughout the United States, given the influx of LEP (Limited English Proficiency) Americans navigating the health care system. Part II of this writing discusses the existing federal laws dealing with language access and the hurdles faced by LEP individuals in bringing legal action, because of existing case law on the subject. Part II also …


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