Canadian Parliament Must Act On Assisted Human Reproduction,
2010
Dalhousie University - Schulich School of Law
Canadian Parliament Must Act On Assisted Human Reproduction, Jocelyn Downie
Articles, Book Chapters, & Popular Press
In the past three months, three members of the Board of Directors of Assisted Human Reproduction Canada (AHRC) have resigned. Their resignation letters include the following statements: '[that following requests for information about the Agency's spending and budget] there was much reluctance and procrastination in providing information, and that when the information was provided, there were inconsistencies in what I received and what was originally presented. This raises concerns in my mind about the prudence and diligence in managing public funds'; 'I have encountered difficulties as a board member in receiving satisfactory replies to concerns and questions I have raised …
Dr. Cézanne And The Art Of Re(Peat)Search: Competing Interests And Obligations In Clinical Research,
2010
Dalhousie University - Schulich School of Law
Dr. Cézanne And The Art Of Re(Peat)Search: Competing Interests And Obligations In Clinical Research, Robyn Bluhm, Jocelyn Downie, Jeff Nisker
Articles, Book Chapters, & Popular Press
Clinician researchers have a number of roles, each of which carries specific obligations. There are times when these obligations may be in competition (up to and including conflict) with each other. Using a narrative case study that describes a group of colleagues discussing their clinical department's participation in an industry-sponsored research protocol, we illustrate a number of the obligations faced by clinician researchers, and discuss how competing interests and obligations can lead to ethical problems. The case study is followed by a discussion of the effect of university–industry relations on competing interests and obligations in both clinical research and the …
Service For All: Mental Health Services For At-Risk Children,
2010
Loyola University Chicago, School of Law
Service For All: Mental Health Services For At-Risk Children, Miquel Lewis, Michael Fletcher, Randell Strickland
Public Interest Law Reporter
No abstract provided.
Obesity, Poverty, And The Built Environment: Challenges And Opportunity,
2010
University of Richmond
Obesity, Poverty, And The Built Environment: Challenges And Opportunity, Wendy Collins Perdue
Law Faculty Publications
Obesity and its associated chronic diseases have become a major health concern in the United States.... Approximately two thirds of adults in the United States are either overweight or obese, and the condition is linked to diabetes, high blood pressure and other chronic conditions requiring ongoing medical supervision. Obesity is a particular health concern for the poor. Not only are obesity rates generally higher among those with lower socioeconomic status, but the chronic conditions caused by obesity may present a particular challenge for the poor who often lack access to necessary ongoing medical supervision.
Mitigation/Adaptation And Health: Health Policymaking In The Global Response To Climate Change And Implications For Other Upstream Determinants,
2010
American University Washington College of Law
Mitigation/Adaptation And Health: Health Policymaking In The Global Response To Climate Change And Implications For Other Upstream Determinants, Lindsay Wiley
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Adaptation To The Health Consequences Of Climate Change As A Potential Influence On Public Health Law And Policy: From Preparedness To Resilience,
2010
American University Washington College of Law
Adaptation To The Health Consequences Of Climate Change As A Potential Influence On Public Health Law And Policy: From Preparedness To Resilience, Lindsay Wiley
Scholarly Articles in Law Reviews & Journals
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 …
The Potential Of Rulemaking By The Nlrb,
2010
American University Washington College of Law
The Potential Of Rulemaking By The Nlrb, Jeffrey Lubbers
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Price And Pretense In The Baby Market,
2010
Duke Law School
Price And Pretense In The Baby Market, Kimberly D. Krawiec
Faculty Scholarship
Throughout the world, baby selling is formally prohibited. And throughout the world babies are bought and sold each day. As demonstrated in this Essay, the legal baby trade is a global market in which prospective parents pay, scores of intermediaries profit, and the demand for children is clearly differentiated by age, race, special needs, and other consumer preferences, with prices ranging from zero to over one hundred thousand dollars. Yet legal regimes and policymakers around the world pretend that the baby market does not exist, most notably through prohibitions against “baby selling” – typically defined as a prohibition against the …
Deliberately Defrauding Investors: The Scope Of Liability Comment.,
2010
St. Mary's University
Deliberately Defrauding Investors: The Scope Of Liability Comment., Andrew R. Simank
St. Mary's Law Journal
Since the Enron debacle, shareholders have increasingly filed suit in state and federal courts to recoup financial losses resulting from fraudulent representations made by failing corporations. These shareholders have advanced common law misrepresentation claims against publicly traded companies for alleged fraudulent U.S. Securities and Exchange Commission (SEC) filings. Originally, the scope of liability for common law fraud was very narrow. This scope was later broadened in an attempt to provide protection to individuals commonly victimized by fraudulent behavior. Texas courts have gone to great lengths to ensure the “expectation of influencing conduct” requirement for common law fraud requires more than …
Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Polices,
2010
University of Connecticut School of Law
Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Polices, John Aloysius Cogan, Jr.
Faculty Articles and Papers
While the rhetoric surrounding the passage of the Patient Protection and Affordable Care Act focused on core issues such as cost, quality, and access to care, the dialog rarely acknowledged a key problem-the fact that most Americans do not understand their health insurance. Simply put, consumers do not fully grasp their health insurance coverage because the jargon found in many health insurance contracts is impenetrable to most Americans. This is disconcerting because consumer-oriented information is central to our increasingly consumer-directed health care system. Consumers are expected to make cost-effective choices among the array of health insurance plans that may be …
Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates,
2010
University of Richmond
Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan Ii, Karah L. Gunther
Richmond Journal of Law and the Public Interest
In most every General Assembly session, there are those bills that while on the surface appear fairly innocuous-quickly take on a life of their own, generating an audible buzz in and around the General Assembly Building. The 2010 Virginia General Assembly session was no different. Amidst hallway discussions concerning the budget, gun rights, and abortion, one could also hear the distinct murmur of a completely novel topic: Lyme disease. Often associated with a small, pesky insect known as the black-legged tick, until this year, Lyme disease had not been the subject of any controversial legislation proposed in the Commonwealth of …
Conditional Spending And Compulsory Maternity,
2010
University of Kentucky College of Law
Conditional Spending And Compulsory Maternity, Nicole Huberfeld
Law Faculty Scholarly Articles
More than forty-six million Americans are uninsured, and many more are seeking government assistance, which makes congressional spending for federal programs a significant issue. Federal funding often comes with prerequisites in the form of statutory conditions. This Article examines the impact that conditions placed on federal healthcare spending have on the individuals who rely on that spending by exploring the ongoing disconnect between Spending Clause jurisprudence and women's reproductive rights. The first Part reviews the foundational Supreme Court precedents and places them in context from both a statutory and theoretical perspective. The second Part studies what the author denominates "pure …
Finding A New Regulatory Pathway For The Old Labyrinth Of Health Planning.,
2010
Loyola University Chicago
Finding A New Regulatory Pathway For The Old Labyrinth Of Health Planning., John D. Blum
Faculty Publications & Other Works
No abstract provided.
Variables Of Health Reform And Their Impacts On The Elderly.,
2010
Loyola University Chicago
Variables Of Health Reform And Their Impacts On The Elderly., John D. Blum
Faculty Publications & Other Works
No abstract provided.
Bending The Arc,
2010
Loyola University Chicago, School of Law
Bending The Arc, Emily Benfer
Faculty Publications & Other Works
No abstract provided.
The Quagmire Of Hospital Governance.,
2010
Loyola University Chicago
The Quagmire Of Hospital Governance., John D. Blum
Faculty Publications & Other Works
No abstract provided.
The Invisible Woman: Availability And Culpability In Reproductive Health Jurisprudence,
2010
University of Colorado Law School
The Invisible Woman: Availability And Culpability In Reproductive Health Jurisprudence, Beth A. Burkstrand-Reid
University of Colorado Law Review
Women's health is widely assumed to be a significant consideration in reproductive rights cases. Court decisions relating to contraception, abortion, and childbirth demonstrate that while this assumption may have historical validity, consideration of women's health is often truncated in recent reproductive rights jurisprudence. This occurs, in part, through the application of one or both of two recurring tools. First, judges regularly-and often inaccurately-cite the theoretical availability of alternative reproductive health services as proof that women's health will not suffer even if a law curtailing reproductive rights is upheld. I label this the "availability tool." Second, when alternatives are not available, …
Cost Containment And The Patient Protection And Affordable Care Act,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Cost Containment And The Patient Protection And Affordable Care Act, David Orentlicher
Scholarly Works
In this article, Professor Orentlicher discusses the need for containing costs, as well as increasing access, for health case in the United States. He argues that for decades, the U.S. health care system has grappled with two key problems - inadequate access to coverage and increasingly unaffordable health care costs. During the debate that led to the enactment of the Patient Protection and Affordable Care Act, public officials recognized the need to address the problems of both access and cost, but in the end, the Act does far more about increasing access than it does about cutting costs. Professor Orentlicher …
Planning For Alzheimer's Disease With Mental Health Advance Directives,
2010
Seattle University School of Law
Planning For Alzheimer's Disease With Mental Health Advance Directives, Lisa Ellen Brodoff
Faculty Articles
Mental Health Advance Directives (MHAD) have long been used for life planning in the context of debilitating mental conditions such as dementia and schizophrenia. As early detection and diagnosis of Alzheimer's disease has become increasingly more possible, Professor Brodoff argues in this Article that MHADs can be an extremely effective tool for planning for a future with Alzheimer's disease. Professor Brodoff suggests that all attorneys who assist clients with estate planning create a MHAD, particularly those clients who have been diagnosed with Alzheimer's disease and those with the disease in their families. The MHAD is designed to aid caregivers and …
New Law Complicates Foreclosure Sales In Texas.,
2010
St. Mary's University
New Law Complicates Foreclosure Sales In Texas., Katherine A. Tapley
St. Mary's Law Journal
A new law that recently took effect has changed the way non-judicial real property foreclosure sales work in Texas. The new law, known as House Bill 655 (HB 655), relates to foreclosure sales in Texas. HB 655 amends the language of Texas Property Code section 51.0075(f) dealing with when the purchase price is due at a foreclosure sale. The amendment, however, complicates foreclosure sales in Texas. The purchase price at the foreclosure sale is no longer due immediately. Instead, if a purchaser at a foreclosure sale requests additional time to deliver the purchase price, the trustee—the person conducting the foreclosure …
