The Crime Lab In The Age Of The Genetic Panopticon,
2017
University of Virginia School of Law
The Crime Lab In The Age Of The Genetic Panopticon, Brandon L. Garrett
Michigan Law Review
Review of Unfair: The New Science of Criminal Injustice by Adam Benforado, Inside the Cell: The Dark Side of Forensic DNA by Erin E. Murphy, and Cops in Lab Coats: Curbing Wrongful Convictions Through Independent Forensic Laboratories by Sandra Guerra Thompson.
Is It Time To Pay Attention? Critiquing The Cognitive Enhancement Drug Policies And Appeals Process In United States Collegiate Sports,
2017
Benjamin N. Cardozo School of Law
Is It Time To Pay Attention? Critiquing The Cognitive Enhancement Drug Policies And Appeals Process In United States Collegiate Sports, David Swiedler
Cardozo Journal of Conflict Resolution
This Note examines PED use in college sports, focusing primarily on cognitive enhancing drugs as an example of a common lethal PED, and the current NCAA drug-testing regulations and disciplinary process to explore its efficiency and fairness. Then, the Note proposes changes to the NCAA protocol, specifically changes to the appeals process for student-athletes who fail drug tests for PED use and request a review of the disciplinary actions taken against them by the NCAA.
Utilizing Alternative Dispute Resolution To Foster Comprehensive Traumatic Brain Injury Research,
2017
Benjamin N. Cardozo School of Law
Utilizing Alternative Dispute Resolution To Foster Comprehensive Traumatic Brain Injury Research, Michael Meyers
Cardozo Journal of Conflict Resolution
ADR, and more specifically mediation, could increase funding towards TBI prevention and recovery research. Section II explores the TBI Reauthorization Act in an effort to highlight its many successes and some of its shortcomings. Following the assessment of the national legislation, it is appropriate to examine efforts being made at the state-level. Next, because professional and collegiate sports leagues control a great deal of revenue, it is important to assess the initiatives set forth through their official league policies and rules, public relations efforts, and scientific contributions. This calls for an extensive examination of the NFL, NHL, NCAA, and FIFA's …
Key Challenges In Bringing Crispr-Mediated Somatic Cell Therapy Into The Clinic,
2017
New York Law School
Key Challenges In Bringing Crispr-Mediated Somatic Cell Therapy Into The Clinic, Jacob S. Sherkow
Other Publications
Genome editing using clustered regularly interspersed short palindromic repeats (CRISPR) and CRISPR-associated proteins offers the potential to facilitate safe and effective treatment of genetic diseases refractory to other types of intervention. Here, we identify some of the major challenges for clinicians, regulators, and human research ethics committees in the clinical translation of CRISPR-mediated somatic cell therapy.
The Intersection Of Contract Law, Reproductive Technology, And The Market: Families In The Age Of Art,
2017
City University of New York School of Law
The Intersection Of Contract Law, Reproductive Technology, And The Market: Families In The Age Of Art, Deborah Zalesne
University of Richmond Law Review
No abstract provided.
Patent Law's Reproducibility Paradox,
2017
New York Law School
Patent Law's Reproducibility Paradox, Jacob S. Sherkow
Articles & Chapters
Clinical research faces a reproducibility crisis. Many recent clinical and preclinical studies appear to be irreproducible; their results cannot be verified by outside researchers. This is problematic for not only scientific reasons but legal ones: patents grounded in irreproducible research appear to fail their constitutional bargain of property rights in exchange for working disclosures of inventions. The culprit is likely patent law’s doctrine of enablement. Although the doctrine requires patents to enable others to make and use their claimed inventions, current difficulties in applying the doctrine mitigate or even actively dissuade reproducible data in patents. This Article assesses the difficulties …
Regulating Human Germline Modification In Light Of Crispr,
2017
University of Richmond School of Law
Regulating Human Germline Modification In Light Of Crispr, Sarah Ashley Barnett
University of Richmond Law Review
No abstract provided.
Mending Invisible Wounds: The Efficacy And Legality Of Mdma-Assisted Psychotherapy In United States' Veterans Suffering With Post-Traumatic Stress Disorder,
2016
Cleveland-Marshall College of Law
Mending Invisible Wounds: The Efficacy And Legality Of Mdma-Assisted Psychotherapy In United States' Veterans Suffering With Post-Traumatic Stress Disorder, Jonathan Perry
Journal of Law and Health
Though Veteran Affairs has provided crucial life sustaining—and often lifesaving—treatments to returning soldiers, the substantial and ever-increasing rates of veteran suicides, drug addictions, and criminal behavior indicate a need for broader options in treatment. One of the most profound discoveries uncovered through MDMA-assisted psychotherapy research is MDMA’s facilitation of the alleviation of addictive behavior in subjects, and, as a result, an alleviation of addictions in general. Addiction is one of the key symptoms of post-traumatic stress disorder (PTSD) and drug abuse plays a large role in the other afflictions suffered by veterans, namely criminal activity and a high rate of …
Quintavalle: The Quandary In Bioethics,
2016
The University of Derby (UK)
Quintavalle: The Quandary In Bioethics, Lisa Cherkassky
Journal of Law and Health
The case of R. (Quintavalle) v. Human Fertilisation Embryology Authority (and Secretary of State for Health) presents a handful of legal problems. The biggest legal query to arise from the case is the inevitable harvest of babies, toddlers and very young children for their bone marrow. This article unpacks the judicial story behind Quintavalle to reveal how the strict provisions of the Human Fertilisation and Embryology Act 1990 - namely ‘suitable condition’ under schedule 2 paragraph 1(1)(a) and ‘treatment services’ and ‘assisting’ under section 2(1) - were widely misinterpreted to introduce the social selection of embryos into law. The legal …
Expansion Of Employee Wellness Programs Under Ppaca Creates Additional Barriers To Healthcare Insurance For Individuals With Disabilities,
2016
Buckley Beal, LLP
Expansion Of Employee Wellness Programs Under Ppaca Creates Additional Barriers To Healthcare Insurance For Individuals With Disabilities, Amy B. Cheng
Journal of Law and Health
There are many barriers to healthcare for the general population that has been documented throughout the years, with one particularly affected group being individuals with disabilities. One identified healthcare barrier for individuals with disabilities is the inability to gain access to the healthcare system through health insurance. While many attempts have been made to resolve this issue, serious problems have yet to be resolved. The Patient Protection Affordable Care Act (PPACA) attempted to solve the issue by expanding Health Insurance Portability and Accountability Act of 1996’s (HIPAA) current regulations on employee wellness programs. The relevant regulations govern employee wellness programs …
Save Thousands Of Lives Every Year: Resuscitate The Peer Review Privilege,
2016
Florida Coastal School of Law
Save Thousands Of Lives Every Year: Resuscitate The Peer Review Privilege, Alan G. Williams
Journal of Law and Health
Doctors make mistakes—preventable medical mistakes—that kill or seriously injure patients. The best way to reduce these preventable errors is through a medical peer review process typically referred to as a "morbidity and mortality conference." However, over the past twenty years, federal and state courts, state legislatures, and state voters have effectively gutted the morbidity and mortality conference (M&M) as a remedial and preventative tool, resulting in tens of thousands of unnecessary deaths every year. Doctors need our help restoring the effectiveness of M&Ms. Congress has created the means to do so; now, all the courts need do is use it. …
Healer, Witness, Or Double Agent? Reexamining The Ethics Of Forensic Psychiatry,
2016
Buchanan Angeli Altschul & Sullivan LLP
Healer, Witness, Or Double Agent? Reexamining The Ethics Of Forensic Psychiatry, Matthew U. Scherer
Journal of Law and Health
In recent years, psychiatrists have become ever more prevalent in American courtrooms. Consequently, the issue of when the usual rules of medical ethics should apply to forensic psychiatric encounters has taken on increased importance and is a continuing topic of discussion among both legal and medical scholars. A number of approaches to the problem of forensic psychiatric ethics have been proposed, but none adequately addresses the issues that arise when a forensic encounter develops therapeutic characteristics. This article looks to the rules governing the lawyer-client relationship as a model for a new approach to forensic psychiatric ethics. This new model …
Human Organ Transplantation: Legal Aspects,
2016
St. John's University School of Law
Human Organ Transplantation: Legal Aspects, Thomas J. Ford
The Catholic Lawyer
No abstract provided.
When The State Requires Doctors To Act Against Their Conscience: The Religious Freedom Implications Of The Referral And The Direction Obligations Of Health Practitioners In Victoria And New South Wales,
2016
Brigham Young University Law School
When The State Requires Doctors To Act Against Their Conscience: The Religious Freedom Implications Of The Referral And The Direction Obligations Of Health Practitioners In Victoria And New South Wales, Michael Quinlan
BYU Law Review
No abstract provided.
Technological Opacity, Predictability, And Self-Driving Cars,
2016
University of Colorado Law School
Technological Opacity, Predictability, And Self-Driving Cars, Harry Surden, Mary-Anne Williams
Cardozo Law Review
Autonomous or "self-driving" cars are vehicles that drive themselves without human supervision or input. Because of safety benefits that they are expected to bring, autonomous vehicles are likely to become more common. Notably, for the first time, people will share a physical environment with computer-controlled machines that can both direct their own activities and that have considerable range of movement. This represents a distinct change from our current context. Today people share physical spaces either with machines that have free range of movement, but are controlled by people (e.g. automobiles) or with machines that are controlled by computers, but highly …
Securing Sequences: Ensuring Adequate Protections For Genetic Samples In The Age Of Big Data,
2016
Presidential Commission for the Study of Bioethical Issues
Securing Sequences: Ensuring Adequate Protections For Genetic Samples In The Age Of Big Data, Elizabeth R. Pike
Cardozo Law Review
Bulk collection of our personal data is increasingly common. Our internet browser history leads to personalized, targeted advertising; credit card companies aggregate billions of our collective transactions to gain insight into our spending patterns; and, as recently revealed, the National Security Agency engaged in the widespread collection of our telephone data without our knowledge or consent. But what if the data being collected, stored, shared, and used without our knowledge or consent is arguably the most personal of all data - our unique genetic sequence? In ways underreported and underexamined, the genetic information of nearly every American is likely to …
Toward An International Constitution Of Patient Rights,
2016
Indiana University Maurer School of Law
Toward An International Constitution Of Patient Rights, Alison Poklaski
Indiana Journal of Global Legal Studies
In the past decade, medical tourism-the travel of patients across borders to receive medical treatment-has undergone unprecedented growth, fueled by the globalization of health care and related industries. While medical tourism can benefit patients through increased access to treatment and cost-savings, medical travel also raises concerns about ensuring quality of care and legal redress in medical malpractice. Moreover, existing regulations fail to address these unprecedented issues. The multilateral adoption of an International Constitution of Patient Rights (ICPR) is necessary in order to more effectively preserve medical tourism's benefits and guard against its risks.
Social & Legal Perspectives On Underuse Of Medication-Assisted Treatment For Opioid Dependence,
2016
Indiana University Maurer School of Law
Social & Legal Perspectives On Underuse Of Medication-Assisted Treatment For Opioid Dependence, Barbara Andraka-Christou
Maurer Theses and Dissertations
Medication-assisted treatment (MAT) in combination with counseling is considered the most effective treatment for opioid dependence by the World Health Organization, U.S. Department of Health and Human Services, and American Society of Addiction Medicine. Two MAT medications, buprenorphine and methadone, are considered essential medicines by the World Health Organization. Despite MAT’s effectiveness, it is severely underused in U.S. treatment settings, including physicians’ offices, hospitals, the Veterans Administration, residential treatment centers, prisons, and drug courts. The dissertation examines social and legal reasons for under-use of MAT in the U.S., including dominance of abstinence-only treatment methods, separation of addiction treatment from mainstream …
The Death Penalty Experiment: State-Sanctioned Laboratories Of Death,
2016
Benjamin N. Cardozo School of Law
The Death Penalty Experiment: State-Sanctioned Laboratories Of Death, Steffi Yellin
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
My Body, My Property, My Baby? The Extension Of Property Rights To Sexual Reproductive Cells And Embryos,
2016
Benjamin N. Cardozo School of Law
My Body, My Property, My Baby? The Extension Of Property Rights To Sexual Reproductive Cells And Embryos, Chanel Vegh
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
