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Charter Rights & Health Care Funding: A Typology Of Canadian Health Rights Litigation, Colleen M. Flood, Y.Y. Brandon Chen 2010 University of Toronto

Charter Rights & Health Care Funding: A Typology Of Canadian Health Rights Litigation, Colleen M. Flood, Y.Y. Brandon Chen

Annals of Health Law and Life Sciences

Canadian health consumers have increasingly relied on the Charter of Rights and Freedoms to demand certain therapies and reasonably timely access to care. Organizing these cases into a 5-part typology, we examine how a rights-based discourse affects allocation of health care resources. First, successful Charter challenges can, in theory, lead to courts granting and enforcing positive rights to therapies or to timely care. Second, courts may grant a right to certain health services; however, subsequently government fails to deliver on this right. Third, successful litigation may create negative rights, i.e. rights to access care or private health insurance without government …


Mid-Atlantic Ethics Committee Newsletter, Winter 2010, 2010 University of Maryland Francis King Carey School of Law

Mid-Atlantic Ethics Committee Newsletter, Winter 2010

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Pre-Mortem Cryopreservation: Recognizing A Patient’S Right To Die In Order To Live, Ryan Sullivan 2010 University of Nebraska College of Law

Pre-Mortem Cryopreservation: Recognizing A Patient’S Right To Die In Order To Live, Ryan Sullivan

Nebraska College of Law: Faculty Publications

I. Introduction

II. The Science of Cryonic Preservation ... A. History of Cryonics ... B. The Process ... C. Current Science ... 1. Cryobiology ... a. Successful Births with Once-Frozen Embryos ... b. If You Can Thaw a Frozen Dog ... c. Surgeries Performed during Suspended Animation ... d. Successful Revival after Three Hours of Clinical Death ... 2. Advancements in Nanotechnology ... 3. Obstacles to Overcome

III. Relevant Law ... A. Laws Governing Cryonics ... B. Right to Die and Assisted Suicide ... C. States’ Interests Are Not Compelling ... 1. Interest in Preserving Life and Preventing Suicide ... …


Introduction: Remembering Stephanie Feldman Aleong, Kathy L. Cerminara 2010 Nova Southeastern University - Shepard Broad College of Law

Introduction: Remembering Stephanie Feldman Aleong, Kathy L. Cerminara

Faculty Scholarship

Kathy Cerminara, Introduction: Remembering Stephanie Feldman Aleong, 34 Nova Law Review 565 (2010).


From Eugenics To The "New" Genetics: "The Play's The Thing", Karen H. Rothenberg 2010 University of Maryland School of Law

From Eugenics To The "New" Genetics: "The Play's The Thing", Karen H. Rothenberg

Faculty Scholarship

Genetics occupies a place in the public imagination with which few areas of science can compete. It is popularly understood to be the “science of life,” concerned with the essence of humanity: a subject that generates both awe and fear. These divergent emotions are encapsulated in the “promise versus peril” debate: the promise of an end to human disease is countered by the peril embodied in the discriminatory capacity of genetic essentialism. This debate has become ingrained in popular culture, and its dramatic potential has been effectively realized in theatre.

Plays have always been written and performed as expressions of …


Cognition-Enhancing Drugs: Can We Say No?, Frank Pasquale 2010 University of Maryland Francis King Carey School of Law

Cognition-Enhancing Drugs: Can We Say No?, Frank Pasquale

Faculty Scholarship

Normative analysis of cognition-enhancing drugs frequently weighs the liberty interests of drug users against egalitarian commitments to a "level playing field." Yet those who would refuse to engage in neuroenhancement may well find their liberty to do so limited in a society where such drugs are widespread. To the extent that unvarnished emotional responses are world-disclosive, neurocosmetic practices also threaten to provide a form of faulty data to their users. This essay examines underappreciated liberty-based and epistemic rationales for regulating cognition-enhancing drugs.


Access To Medicine In An Era Of Fractal Inequality, Frank Pasquale 2010 University of Maryland Francis King Carey School of Law

Access To Medicine In An Era Of Fractal Inequality, Frank Pasquale

Faculty Scholarship

Those in the richest countries have far more income and wealth than those in poor countries. Moreover, the most fortunate in the richest countries – particularly those in the top centile of the income distribution – are far richer than those around them. Most dramatically, even within that top centile, the richest of the rich have far more resources than even their elite peers. Like fractals, the patterns of distribution repeat at various levels.

This pattern of fractal inequality ensures that spending that seems trivial to those at the top of an income distribution can overwhelm the purchasing power of …


Mental Health Courts: Serving Justice And Promoting Recovery, Ginger Lerner Wren 2010 Broward County Mental Health Court

Mental Health Courts: Serving Justice And Promoting Recovery, Ginger Lerner Wren

Annals of Health Law and Life Sciences

This article begins and ends with a call for more empirical research to understand the connection between societal views of mental illness and the legal system. The author asserts that changing social perceptions of mental illness certainly affect legal outcomes and commitment levels, but the degree remains unknown. This article explores the above two topics through the framework of the Circuit Court 'split' regarding the Constitutional rights of persons committed to state mental health institutions. A main facet of the 'split' is centered on the Circuits' disagreement about whether or not all mentally ill patients committed to institutions deserve the …


The Aftermath Of Federal Health Care Reform: The Challenge For States And The Private Sector, Lawrence E. Singer 2010 Loyola University Chicago, School of Law

The Aftermath Of Federal Health Care Reform: The Challenge For States And The Private Sector, Lawrence E. Singer

Annals of Health Law and Life Sciences

No abstract provided.


Medicare: It's Time To Talk About Changing It, Cynthia E. Boyd 2010 Rush University Medical Center

Medicare: It's Time To Talk About Changing It, Cynthia E. Boyd

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Annals of Health Law 2010 Loyola University Chicago, School of Law

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Moses V. Providence Hospital: The Sixth Circuit Dumps The Federal Regulations Of The Patient Anti-Dumping Statute, W. Adam Malizio 2010 The Catholic University of America, Columbus School of Law

Moses V. Providence Hospital: The Sixth Circuit Dumps The Federal Regulations Of The Patient Anti-Dumping Statute, W. Adam Malizio

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


What I Talk About When I Talk About Health Law, Elizabeth Weeks Leonard 2010 University of Kansas School of Law

What I Talk About When I Talk About Health Law, Elizabeth Weeks Leonard

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Annals of Health Law 2010 Loyola University Chicago, School of Law

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Health Care Law: A Field Of Gaps, David Orentlicher 2010 Indiana University School of Law-Indianapolis

Health Care Law: A Field Of Gaps, David Orentlicher

Annals of Health Law and Life Sciences

No abstract provided.


Long Term Care: The Next Healthcare Frontier, Seth J. Chandler 2010 University of Houston Law Center

Long Term Care: The Next Healthcare Frontier, Seth J. Chandler

Annals of Health Law and Life Sciences

No abstract provided.


Reflections On Healthcare Fraud Enforcement And Corporate Compliance... With A Kentucky Flavor, John E. Steiner Jr. 2010 Cancer Treatment Centers of America

Reflections On Healthcare Fraud Enforcement And Corporate Compliance... With A Kentucky Flavor, John E. Steiner Jr.

Annals of Health Law and Life Sciences

No abstract provided.


Twenty-Five Years Of Health Law Through The Lens Of The Civil False Claims Act, Joan H. Krause 2010 University of North Carolina-Chapel Hill School of Law

Twenty-Five Years Of Health Law Through The Lens Of The Civil False Claims Act, Joan H. Krause

Annals of Health Law and Life Sciences

No abstract provided.


The Importance Of Health Law Attorneys In The U.S. Army, Joseph Baar Topinka 2010 US Army Medical Command

The Importance Of Health Law Attorneys In The U.S. Army, Joseph Baar Topinka

Annals of Health Law and Life Sciences

No abstract provided.


Thirty-Five Years Of Health Law In Illinois, Saul J. Morse 2010 Brown, Hay & Stephens, LLP

Thirty-Five Years Of Health Law In Illinois, Saul J. Morse

Annals of Health Law and Life Sciences

No abstract provided.


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