Cryptic Patent Reform Through The Inflation Reduction Act,
2023
Duke University
Cryptic Patent Reform Through The Inflation Reduction Act, Arti K. Rai, Rachel Sachs, Nicholson Price
Law & Economics Working Papers
If a statute substantially changes the way patents work in an industry where patents are central, but says almost nothing about patents, is it patent reform? We argue the answer is yes — and it’s not a hypothetical question. The Inflation Reduction Act (IRA) does not address patents, but its drug pricing provisions are likely to prompt major changes in how patents work in the pharmaceutical industry. For many years scholars have decried industry’s ever-evolving strategies that use combinations of patents to block competition for as long as possible, widely known as “evergreening,” but legislators have not been receptive to …
A Case Study Of California's Maternal Health Landscape And Recommendations For Mississippi,
2023
University of Mississippi
A Case Study Of California's Maternal Health Landscape And Recommendations For Mississippi, Kinley Miller
Honors Theses
This paper is a case study of California’s maternal health landscape, reflecting its exceptional approach to the maternal health crisis. I review several policies: the creation of the Maternal Quality Care Collaborative, the Maternal Data Center, and the Maternal Mortality Review Committee, maternal health toolkits, Medicaid expansion, extended postpartum Medicaid coverage, paid family leave, C-Section Honor Roll, and maternal mental health measures. The case study suggests that all of these policies in conjunction with one another correlates with a decrease maternal mortality. California’s proactive approach and ability to mobilize public and private entities are key attributors to its success in …
Cyberattacks: An Underlying Condition Exacerbated By The Covid-19 Pandemic,
2023
Pepperdine University
Cyberattacks: An Underlying Condition Exacerbated By The Covid-19 Pandemic, Kaitlyn Palmeter
The Journal of Business, Entrepreneurship & the Law
COVID-19 continues to change the world in unforeseen ways triggering a new era of corporate data breaches. This article will illustrate how cyberattacks have increased in severity during the pandemic, how current laws and government officials are trying to evolve with the current threats and technology, how victims of cyberattacks risk sanctions and potential lawsuits, and concludes by suggesting solutions throughout to increase Cybersecurity.
Advancing Equity In The Pandemic Treaty,
2023
Georgetown University - Law Center - O'Neill Institute for National and Global Health Law
Advancing Equity In The Pandemic Treaty, Lawrence O. Gostin, Kevin A. Klock, Katherine Ginsbach, Sam F. Halabi, Taylor Hall-Debnam, Janelle Lewis, Vanessa S. Perlman, Katie Robinson
Georgetown Law Faculty Publications and Other Works
There is a broad consensus around equity’s importance. Even countries that hoarded supplies during the acute phase of COVID-19 seem to understand that the international community must find a means to ensure fairer allocation of medical resources when the next health crisis hits. But there has been little agreement about the concrete steps needed to operationalize fairer access and benefit sharing. That is, what are the workable mechanisms that could reduce the divide between richer and poorer populations? The World Health Assembly, the governing body of the World Health Organization, has appointed an Intergovernmental Negotiating Body to develop a pandemic …
Disaster Risk In The Carceral State,
2023
Osgoode Hall Law School, York University
Disaster Risk In The Carceral State, Saptarishi Bandopadhyay, Joshua R. Coene
Journal Articles
The overlap between prisoner vulnerability and disasters in the United States is undeniable. During 2020 and 2021, the United States endured a series of natural hazards such as wildfires, floods, and hurricanes, many of which exposed the country’s 2.1 million inmates to additional risks and compounded the danger posed by COVID-19. Yet policymakers and scholars are only beginning to appreciate the centrality and magnitude of disaster risk management for the millions of people currently held in penal institutions around the country. Unsurprisingly, the production of “lessons learned” documents that follow in the aftermath of disasters overlook how prisoner vulnerability is …
The Exacerbating Role Of Technological And Connectivity Challenges On Older Detroiters’ Health In A Pandemic,
2023
University of Detroit Mercy School of Law
The Exacerbating Role Of Technological And Connectivity Challenges On Older Detroiters’ Health In A Pandemic, Nicholas Schroeck, Carrie Leach
Seattle Journal of Technology, Environmental, & Innovation Law
The COVID-19 pandemic hit communities of color hard. The City of Detroit was particularly vulnerable to COVID-19 due to racial, socioeconomic, and environmental health factors. To analyze the exacerbating role of technology and connectivity challenges on older Detroiters' health in a pandemic, we first examined Detroit’s demographics. This analysis involved looking at the continued evolution of the City's population toward older adults, as well as the impact of COVID-19 and the healthcare services on Detroit’s elder population. Next, we examined Detroit’s internet access challenges, including the presence of digital exclusion among older adults in Detroit, the impact of COVID-19 on …
Pooling Patents For Pandemic Progress: Mrna Vaccines And The Broader Context Of Modernatx Inc V. Pfizer Inc.,
2023
DePaul University College of Law
Pooling Patents For Pandemic Progress: Mrna Vaccines And The Broader Context Of Modernatx Inc V. Pfizer Inc., Francis Brefo
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Masthead,
2023
Case Western Reserve University School of Law
Masthead, Case Western Reserve University School Of Law
Health Matrix: The Journal of Law-Medicine
No abstract provided.
State Constitutional Law: The Future Of Abortion Rights?,
2023
Case Western Reserve University School of Law
State Constitutional Law: The Future Of Abortion Rights?, Gabriella Wittbrod
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Volume 33 (2023),
2023
Case Western Reserve University School of Law
Volume 33 (2023), Case Western Reserve University School Of Law
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Birth Empowerment: Integrating Doula Services Into Our Healthcare System,
2023
Case Western Reserve University School of Law
Birth Empowerment: Integrating Doula Services Into Our Healthcare System, Rebecca Singer-Miller
Health Matrix: The Journal of Law-Medicine
This law review article explores the role of doulas in improving maternal and infant outcomes and the challenges of integrating doula services into our healthcare system. Part I provides an overview of maternal and infant mortality rates in the United States, highlighting the disparities faced by women of color and low-income women. Part II discusses the benefits of doula services, including reduced rates of cesarean delivery, preterm birth, and other complications. Part III reviews current coverage of doula services in various states, both in the public and private sector. Part IV critiques the current regulatory scheme for doula services and …
A Thousand Views Of The Cathedral: The Law, Politics, And Statistics Of Pandemic Dashboards,
2023
Boise State University
A Thousand Views Of The Cathedral: The Law, Politics, And Statistics Of Pandemic Dashboards, Jeff Lingwall, Tj Bliss
Health Matrix: The Journal of Law-Medicine
This Article explores the law, politics, and statistics of communicating data through the thousands of state, county, school district, and higher-education dashboards created in response to the COVID-19 global pandemic. Using a nationally distributed questionnaire and series of interviews with dashboard managers and stakeholders, we offer a wide-ranging view of data visualization practice in response to COVID-19. We pair this evidence with a survey of almost 3,000 entities responsible for public health communication, which resulted in collection of over 1,100 COVID-19 dashboards from a spectrum of government actors and private parties. We evaluate how legal issues were perceived and acted …
Limits On Biomedical Research: Whether, Why, And How,
2023
Case Western Reserve University School of Law
Limits On Biomedical Research: Whether, Why, And How, Christine Grady
Health Matrix: The Journal of Law-Medicine
This article examines the limitations of laws and regulations in regulating biomedical research. While laws and regulations can serve as guardrails to limit certain research studies, they are often blunt instruments that struggle to keep up with the rapid pace of scientific progress. Moreover, laws in one jurisdiction may not be binding on others, making it difficult to regulate the global scientific community. The article argues that regulatory parsimony should be exercised, imposing regulations only where they work and not where they are unhelpful. The article also explores the ethical considerations surrounding biomedical research and its impact on society, including …
Eula, Or Eulogy? Reckoning End User License Agreements And Near-Future Cyborgs,
2023
Case Western Reserve University School of Law
Eula, Or Eulogy? Reckoning End User License Agreements And Near-Future Cyborgs, Owen Carpenter
Health Matrix: The Journal of Law-Medicine
Integrated biotechnology is a quickly-approaching future legal issue that will blur the line between technology and person. The technology will likely run through some kind of software, and users of the technology will likely need to agree to some type of licensing agreement to use the software. End User License Agreements (“EULAs”) as they exist today have terms and clauses that will be problematic when applied to an implanted artificial heart, a replacement for the human eye that enhances vision, or other types of integrated technology. Current FDA regulation and EULAs are insufficient to deal with the problems that technology …
Splitting Deceased Donor Livers To Double The Transplant Benefits: Addressing The Legal, Ethical, And Practical Challenges,
2023
Albany Law School; Albany Medical College
Splitting Deceased Donor Livers To Double The Transplant Benefits: Addressing The Legal, Ethical, And Practical Challenges, Evelyn M. Tenenbaum, Jed Adam Gross
Health Matrix: The Journal of Law-Medicine
Liver transplantation is different from transplanting other solid organs because some recipients can achieve good long-term outcomes with only half of a donor’s liver (or less). This means that some deceased donor livers can be split, saving two lives instead of one. However, although more than 10 percent of cadaveric livers meet the criteria for splitting, only about 1.5 percent are actually split in the United States. This article identifies a set of ethical, legal, and logistical challenges to a more extensive use of split liver transplantation (SLT) within existing legal frameworks. We then discuss how each of these challenges …
From Roe V. Wade To Dobbs V. Jackson – Between Women’S Rights Discourse And Obligations Discourse,
2023
Zefat Academic College
From Roe V. Wade To Dobbs V. Jackson – Between Women’S Rights Discourse And Obligations Discourse, Pnina Lifshitz-Aviram, Yehezkel Margalit
Health Matrix: The Journal of Law-Medicine
Recently, the U.S. Supreme Court published its decision in Dobbs v. Jackson Women’s Health Organization overturning the landmark abortion case, Roe v. Wade. In 1973, two groundbreaking abortion decisions were handed down by the same Court – Roe v. Wade and Doe v. Bolton – recognizing a woman’s fundamental constitutional right to obtain an abortion until fetal viability. The ensuring nationwide judiciary recognition of women’s basic rights was abruptly shaken by the Dobbs v. Jackson’s ruling that “the Constitution does not confer a right to abortion.” Dobbs’ reversal of these prior cases has created a legal, political, and public upheaval. …
Opioid Lawsuits: Is There Any End In Sight?,
2023
University of Kentucky
Opioid Lawsuits: Is There Any End In Sight?, Richard C. Ausness
Health Matrix: The Journal of Law-Medicine
The opioid epidemic has led to a surge in litigation against opioid manufacturers, distributors, and retail pharmacy chains. This article provides a comprehensive overview of the legal landscape surrounding opioid lawsuits. It discusses the chemical nature of opioids, marketing practices of Purdue Pharma and others, and the largely unsuccessful personal injury cases brought against Purdue by private individuals prior to 2014. The article also examines the public nuisance doctrine—the most popular liability theory invoked by government plaintiffs—and analyzes three of the most important litigation pathways: (1) suits by individual government entities, usually states; (2) multidistrict litigation (MDL); and (3) bankruptcy …
The Three C’S – The Colon, Colonoscopies, And Cancer: A Medical And Legal Overview,
2023
Temple University
The Three C’S – The Colon, Colonoscopies, And Cancer: A Medical And Legal Overview, Samuel D. Hodge, Calina Noah
Health Matrix: The Journal of Law-Medicine
This article explores the legal implications of colorectal cancer diagnosis and treatment. The article provides an overview of the medical aspects of colorectal cancer, including its symptoms, stages, and available tests for detecting it. It then delves into the legal issues surrounding colonoscopies, including informed consent, medical malpractice claims, and insurance coverage. The article also examines the role of medical documentation in litigation related to colorectal cancer diagnosis and treatment. Finally, it discusses recent legal developments related to colorectal cancer screening guidelines and their impact on healthcare providers and patients. Overall, this law review article provides a comprehensive analysis of …
Disclosing Privacy And Discrimination Protections In Informed Consent,
2023
University of Iowa College of Law
Disclosing Privacy And Discrimination Protections In Informed Consent, Anya E.R. Prince
Health Matrix: The Journal of Law-Medicine
Recent empirical work shows that providing greater detail about limitations of genetic anti-discrimination protections in informed consent documents is likely to lower individuals’ willingness to participate in research studies. This article presents these empirical findings and analyzes the implications of the findings for clinical care and for privacy and discrimination risks beyond genetic discrimination. While the paper argues that further research is needed to fully understand the potential implications of disclosure of legal protections in the clinical setting, there are clear implications in the research setting. Since individuals are likely to alter their decision to participate in research based on …
Evidence For Community Face Masking To Limit The Spread Of Sars-Cov-2: A Critical Review,
2023
University of Colorado Anschutz Medical Campus, Aurora, CO
Evidence For Community Face Masking To Limit The Spread Of Sars-Cov-2: A Critical Review, Ian T. Liu, Vinay Prasad, Jonathan D. Darrow
Health Matrix: The Journal of Law-Medicine
The use of facemasks in community settings has become an accepted public policy response to decrease disease transmission during the COVID-19 pandemic. Yet evidence of facemask efficacy is based primarily on observational studies that are subject to confounding and on mechanistic studies that rely on surrogate endpoints (such as droplet dispersion) as proxies for disease transmission. The available clinical evidence of facemask efficacy is of low quality and the best available clinical evidence has mostly failed to show efficacy, with fourteen of sixteen identified randomized controlled trials comparing face masks to no mask controls failing to find statistically significant benefit …
