The Ongoing And Iterative Task Of Pandemic Preparedness,
2010
Saint Louis University School of Law
The Ongoing And Iterative Task Of Pandemic Preparedness, Robert Gatter
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Reflections On Preparedness: Pandemic Planning In The Bush Administration,
2010
Saint Louis University School of Law
Reflections On Preparedness: Pandemic Planning In The Bush Administration, Stewart Simonson
Saint Louis University Journal of Health Law & Policy
No abstract provided.
A Hidden Epidemic: Assessing The Legal Environment Underlying Mental And Behavioral Health Conditions In Emergencies,
2010
Arizona State University Sandra Day O'Connor College of Law
A Hidden Epidemic: Assessing The Legal Environment Underlying Mental And Behavioral Health Conditions In Emergencies, James G. Hodge Jr., Lainie Rutkow, Aubrey Joy Corcoran
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Cross-Border Legal Preparedness: A Comparative Review Of Selected Public Health Emergency Legal Authorities In Canada And Mexico,
2010
Saint Louis University School of Law
Cross-Border Legal Preparedness: A Comparative Review Of Selected Public Health Emergency Legal Authorities In Canada And Mexico, Daniel D. Stier, María Guadalupe Uribe Esquivel
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Pandemics, Populism And The Role Of Law In The H1n1 Vaccine Campaign,
2010
Northeastern University School of Law
Pandemics, Populism And The Role Of Law In The H1n1 Vaccine Campaign, Wendy E. Parmet
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Assessing The Impact Of Federal Law On Public Health Preparedness,
2010
National Institutes of Health
Assessing The Impact Of Federal Law On Public Health Preparedness, Benjamin E. Berkman, Susan C. Kim, Lindsay F. Wiley
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Assessing The Public Health Response During And After The Emergency: Lessons From The Hiv Epidemic,
2010
University of Connecticut Health Center
Assessing The Public Health Response During And After The Emergency: Lessons From The Hiv Epidemic, Zita Lazzarini
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Improving The Treatment & Prevention Of Heart Disease,
2010
Saint Louis University School of Law
Improving The Treatment & Prevention Of Heart Disease, Jeff Herman
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Livestock Animal Cloning: This Steak Is Giving Me Déjà Vu,
2010
American University Washington College of Law
Livestock Animal Cloning: This Steak Is Giving Me Déjà Vu, Blake M. Mensing
Sustainable Development Law & Policy
No abstract provided.
Using The Clean Water Act To Protect Our Ocean's Biodiversity,
2010
American University Washington College of Law
Using The Clean Water Act To Protect Our Ocean's Biodiversity, Kate Halloran
Sustainable Development Law & Policy
No abstract provided.
Putting The Community Back Into The "Community Benefit" Standard,
2010
Case Western Reserve University Schools of Law and Medicine
Putting The Community Back Into The "Community Benefit" Standard, Jessica Berg
Georgia Law Review
Disputes about tax exemption for hospitals are occurring all over the country. Local tax authorities have revoked tax- exempt status for some hospitals. State governments are considering whether to require minimum amounts of charity care in exchange for tax exemption. Congress is debating whether hospitals should remain a part of the nonprofit sector at all. At the same time, uninsured individuals are suing hospitals for unfair billing and collection practices. Creative accounting and expansive definitions of "free" care have led to a variety of non ideal practices by hospitals in order to balance their bottom line, while maintaining tax-exempt status. …
The Parity Cure: Solving Unequal Treatment Of Mental Illness Health Insurance Through Federal Legislation,
2010
University of Georgia School of Law
The Parity Cure: Solving Unequal Treatment Of Mental Illness Health Insurance Through Federal Legislation, Christopher J. Churchill
Georgia Law Review
American health care reform has drawn both impassioned critics and vociferous supporters. Although underinsured and uninsured Americans face a dire plight, the mentally ill-even those with private health insurance-confront even greater hurdles. While drawing substantially less outcry, many insurance plans place limits on mental illness coverage that do not apply to physical illnesses. Though Congress recently passed the Mental Health Parity and Addiction Equity Act of 2008 (the MHPAEA), it did not solve the problem. The MHPAEA eliminates some disparity-such as higher deductibles for mental health treatment-but still allows insurers to impose unequal annual coverage limits. Furthermore,the MHPAEA shares the …
Phase Six Pandemic: A Call To Re-Evaluate Federal Quarantine Authority Before The Next Catastrophic Outbreak,
2010
University of Georgia School of Law
Phase Six Pandemic: A Call To Re-Evaluate Federal Quarantine Authority Before The Next Catastrophic Outbreak, John T. Clarkson
Georgia Law Review
At some point in the future, the United States will confront a deadly pandemic. One potential response to blunt the impact of an outbreak may be the use of a large-scale quarantine. The current statutory framework governing federal quarantine authority, however, is outdated and in need of revision. Any reform must acknowledge that the federal government may be best positioned to respond to national health threats and must simultaneously create limits on federal power to ensure a proper balance of power remains between the states and the federal government. This Note proposes that Congress focus its reform efforts on adding …
Taking From Trailblazers: Learning From Those Who Have Gone Before When Approving Biosimilars,
2010
University of Georgia School of Law
Taking From Trailblazers: Learning From Those Who Have Gone Before When Approving Biosimilars, John A. Little, Jr.
Georgia Law Review
The creation of an approval pathway for biosimilar biologicalproducts holds tremendous promise for increased competition in the biopharmaceutical market and financial savings to the health care system. Yet, safely achieving these promised benefits depends heavily on the Food and Drug Administration's ability to evaluate and compare these complicated molecules to previously approved products. Because biosimilars are different than generic drugs, the FDA's current practice of considering only its prior finding of safety and efficacy of a reference product is ill-suited for approval of biosimilars. Unfortunately, the new pathway included in recently enacted health care reform legislation ignores this distinction and …
State Of Emergency: Why Georgia's Standard Of Care In Emergency Rooms Is Harmful To Your Health,
2010
University of Georgia School of Law
State Of Emergency: Why Georgia's Standard Of Care In Emergency Rooms Is Harmful To Your Health, Jason R. Graves
Georgia Law Review
Patients injured by medical negligence have historically
been able to recover for the injuries they sustained. In
2005, however, the Georgia General Assembly passed
Georgia Senate Bill 3, which gave virtual immunity to
emergency room doctors and those practicing in obstetrics
wards. The Bill requires a showing of gross negligence by
clear and convincing evidence to prevail on a medical
malpractice claim against those protected by the statute.
The law prevents injured patients who cannot meet this
standard from recovering any damages, even
compensation for medical bills arising from the negligent
act. The legislature enacted the Bill in an effort …
The Supreme Court's Assault On Litigation: Why (And How) It Could Be Good For Health Law,
2010
Boston Univeristy School of Law
The Supreme Court's Assault On Litigation: Why (And How) It Could Be Good For Health Law, Abigail Moncrieff
Faculty Scholarship
In recent years, the Supreme Court has narrowed or eliminated private rights of action in many legal regimes, much to the chagrin of the legal academy. That trend has had a significant impact on health law; the Court’s decisions have eliminated the private enforcement mechanism for at least four important healthcare regimes: Medicaid, employer-sponsored insurance, and medical devices. In a similar trend outside the courts, state legislatures have capped noneconomic and punitive damages for medical malpractice litigation, weakening the tort system’s deterrent capacity in those states. This Article points out that the trend of eliminating private rights of action in …
Mapping The Issues: Public Health, Law And Ethics,
2010
Georgetown University Law Center
Mapping The Issues: Public Health, Law And Ethics, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
The field of public health is typically regarded as a positivistic pursuit and, undoubtedly, our understanding of the etiology and response to disease is heavily influenced by scientific inquiry. Public health policies, however, are shaped not only by science but also by ethical values, legal norms, and political oversight. Public Health Law and Ethics: A Reader (expanded and updated 2nd ed., 2010) probes and seeks to illuminate this complex interplay, through a careful selection of government reports, scholarly articles, and court cases together with discussion and analysis of critical problems at the interface of law, ethics, and public health. The …
The Unconscionable Health Gap: A Global Plan For Justice,
2010
Georgetown University Law Center
The Unconscionable Health Gap: A Global Plan For Justice, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
International norms recognize the special value of health. The WHO Constitution states that “the enjoyment of the highest attainable standard of health” is a fundamental human right. The right to health, moreover, is a treaty obligation with clear obligations. Despite robust international norms, unconscionable health disparities exist between the world’s rich and poor, causing enormous suffering. The WHO urges “closing the health gap in a generation” through action on the social determinants of health. As the Marmot Commission observed: “the social conditions in which people are born, live, and work are the single most important determinant of good or ill …
Reducing Distracted Driving: Regulation And Education To Avert Traffic Injuries And Fatalities,
2010
Georgetown University Law Center
Reducing Distracted Driving: Regulation And Education To Avert Traffic Injuries And Fatalities, Lawrence O. Gostin, Peter D. Jacobson
Georgetown Law Faculty Publications and Other Works
In this article, we consider the legal and policy implications of distracted driving (the tendency of people to use electronic devices while operating a motor vehicle). After reviewing the empirical evidence showing that distracted driving has serious adverse consequences, we discuss the legal basis for governmental interventions to reduce distracted driving. These interventions include laws restricting the use of electronic devices while driving, especially sending text messages. Since drivers have at best a reduced expectation of privacy, these restrictions should easily survive legal challenges. At the same time, it is important to consider the responsibility of automobile manufacturers to improve …
Adaptation To The Health Consequences Of Climate Change As A Potential Influence On Public Health Law And Policy: From Preparedness To Resilience,
2010
Georgetown University Law Center
Adaptation To The Health Consequences Of Climate Change As A Potential Influence On Public Health Law And Policy: From Preparedness To Resilience, Lindsay F. Wiley
Georgetown Law Faculty Publications and Other Works
Because the health effects of climate change are likely to be significant and far-reaching, a key component of climate change adaptation will be our public health infrastructure. Perhaps counter-intuitively, recent emphasis in public health law on preparedness for extraordinary events may be to the detriment of our ability to cope with the health impacts of climate change. While existing emergency preparedness law will necessarily be an important backdrop for health-focused climate change adaptation efforts (especially with regard to natural disasters and infectious disease outbreaks), the focus on emergency preparedness in recent years does not necessarily situate us well for handling …
