Global Access To Medicine: The Influence Of Competing Perspectives.,
2011
Loyola University Chicago
Global Access To Medicine: The Influence Of Competing Perspectives., Cynthia M. Ho
Faculty Publications & Other Works
No abstract provided.
Patent Protection Of Medical Records—Focusing On Ethical Issues,
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 …
Free Rider: A Justification For Mandatory Medical Insurance Under Health Care Reform?,
2011
Florida State University College of Law
Free Rider: A Justification For Mandatory Medical Insurance Under Health Care Reform?, Jeffrey H. Kahn, Douglas A. Kahn
Scholarly Publications
Section 1501 of the Patient Protection and Affordable Care Act added section 5000A to the Internal Revenue Code to require most individuals in the United States, beginning in the year 2014, to purchase an established minimum level of medical insurance. This requirement, which is enforced by a penalty imposed on those who fail to comply, is sometimes referred to as the “individual mandate.” The individual mandate is one element of a vast change to the provision of medical care that Congress implemented in 2010. The individual mandate has proved to be controversial and has been the subject of a number …
A Primer On Batson, Including Discussion Of Johnson V. California, Miller-El V. Dretke, Rice V. Collins, & Synder V. Louisiana.,
2011
St. Mary's University
A Primer On Batson, Including Discussion Of Johnson V. California, Miller-El V. Dretke, Rice V. Collins, & Synder V. Louisiana., Mikal C. Watts, Emily C. Jeffcott
St. Mary's Law Journal
Fundamental to the existence of the rights guaranteed to every citizen is the assurance that the right to equal protection under the law will be defended at all costs. Key to the United States’ system of adjudication is the right to a trial by jury, which is embodied in the Sixth and Seventh Amendments to the Constitution. These rights are also incorporated into all state constitutions through the Fourteenth Amendment. During jury selection, the judicial system permits the elimination of a certain number of jurors without cause. This form of elimination is known as a peremptory challenge. Over time, however, …
Texas Civil Practice & Remedies Code Sec. 41.0105: A Time For Clarification Comment.,
2011
St. Mary's University
Texas Civil Practice & Remedies Code Sec. 41.0105: A Time For Clarification Comment., April Y. Quinones
St. Mary's Law Journal
The language of the Texas Civil Practice and Remedies Code § 41.0105 is by no means clear. Most Texas practitioners refer to it as the “paid-or-incurred statute.” This is due to the statue stating that recovery of medical or health care expenses are limited to the amount actually paid or incurred by or on behalf of the claimant. Yet, Texas trial lawyers and judges are perplexed by what the statute truly means. Causing further concern, most Texas practitioners do not appear to understand how the statute should be applied. At the center of the debate lies the collateral-source rule and …
Congress's Consistent Intent To Utilize Military Commissions In The War Against Al-Qaeda And Its Adoption Of Commission Rules That Fully Comply With Due Process.,
2011
St. Mary's University
Congress's Consistent Intent To Utilize Military Commissions In The War Against Al-Qaeda And Its Adoption Of Commission Rules That Fully Comply With Due Process., Michael T. Mccaul, Ronald J. Sievert
St. Mary's Law Journal
Congress responded to the terrorist attack of September 11, 2001 by passing the Authorization for the Use of Military Force (AUMF). In the following years Congress augmented that authority with the Military Commissions Act of 2006 (MCA of 2006) and the Military Commissions Act of 2009 (MCA of 2009). In passing these acts, Congress responded to the Supreme Court’s decision in Hamdan v. Rumsfeld, which found that President Bush’s attempt to establish military commissions required Congressional authorization. When drafting both MCAs, Congress recognized numerous evidentiary and trial procedures from federal civilian court were inappropriate for trying unlawful combatants. By these …
Honest Services Fraud After Skilling.,
2011
St. Mary's University
Honest Services Fraud After Skilling., Pamela Mathy
St. Mary's Law Journal
The United States Supreme Court ruling in Skilling v. United States limits honest services fraud prosecutions of both public officials and private individuals to schemes involving bribes or kickbacks. Over the past two decades, federal prosecutors have used the federal mail and wire fraud statutes to reach schemes which deprive citizens of their money or property and of the intangible right to honest services. The Court’s ruling in Skilling removes a category of deceptive, fraudulent, and corrupt conduct from the scope of the honest services law. By limiting honest services fraud under the statute to bribes and kickbacks, the Court …
Admitting Light Detection And Ranging (Lidar) Evidence In Texas: A Call For Statewide Judicial Notice.,
2011
St. Mary's University
Admitting Light Detection And Ranging (Lidar) Evidence In Texas: A Call For Statewide Judicial Notice., Ryan V. Cox, Carl Fors
St. Mary's Law Journal
The reliability of LIDAR (Light Detection and Ranging) is generally questioned for one of two reasons. First, when the speeding charge is of such great importance to the defendant that he must challenge the technology. Second, when the defendant is charged with a different and more serious crime because of the traffic stop. In this instance the reliability of the equipment provides the opportunity to question the stops’ underlying probable cause. Assuming the particular jurisdiction has not settled the issue of reliability of LIDAR evidence, the court must require the prosecutor to present expert testimony to show reliability. In the …
Masthead,
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),
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,
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,
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),
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,
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,
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,
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,
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,
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 …
Shifting The Conversation: Disability, Disparities And Health Care Reform,
2011
Saint Louis University School of Law
Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo
All Faculty Scholarship
This piece is an invitation to consider health care reform as a political shift in our thinking about the barriers and inequalities experienced by people with disabilities in our health care system. Traditionally, when these issues have been addressed, the predominant approach has been through a civil rights framework, specifically the Rehabilitation Act of 1973 and the American with Disabilities Act of 1990 (ADA). Now, the Patient Protection and Affordable Care Act of 2010 (PPACA) offers a new approach. This essay will outline the barriers to health and health care experienced by people with disabilities, drawing upon my ongoing research …
The Affordable Care Act And Competition: Antidote Or Placebo?,
2011
Saint Louis University School of Law
The Affordable Care Act And Competition: Antidote Or Placebo?, Thomas L. Greaney
All Faculty Scholarship
In the run-up to its enactment, the Patient Protection and Affordable Care Act (ACA) elicited howls of protest from opponents who claimed the federal government was, “taking over,” the American healthcare system, “micromanaging,” medicine, and generally exposing the nation to the bête noire of, “socialized medicine.” Hyperbole, misrepresentation and chauvinism aside, these sound bites suffer from a deeper flaw: They mischaracterize the fundamental thrust of the new law. Though the law establishes significant new regulatory authority, this is neither a new development (indeed it can be faulted for preserving pre-existing regulatory regimes) nor does it impair market competition. To the …
