No Longer Uninsured: Residents Of Illinois With A Preexisting Condition Of Aids, Hiv, Mental Health, Or Substance Use Are Now Covered Under The Affordable Care Act,
2014
Chief Administrative Law Judge and Bureau Chief of Administrative Hearings, IL Dept. of Healthcare and Family Services
No Longer Uninsured: Residents Of Illinois With A Preexisting Condition Of Aids, Hiv, Mental Health, Or Substance Use Are Now Covered Under The Affordable Care Act, Sonia A. Antolec, Alexis D. Figueroa
Public Interest Law Reporter
No abstract provided.
Comment: Knowledge Circles And The Duty Of Care,
2014
Washington and Lee University School of Law
Comment: Knowledge Circles And The Duty Of Care, Jill M. Fraley
Washington and Lee Law Review
No abstract provided.
Patent Eligibility Post-Myriad: Reinvigorated Judicial Wildcard Of Uncertain Effect,
2014
University of Missouri - Kansas City, School of Law
Patent Eligibility Post-Myriad: Reinvigorated Judicial Wildcard Of Uncertain Effect, Christopher M. Holman
Faculty Works
In the 1970s and early 1980s the US Supreme Court issued several landmark decisions establishing the contours of patent eligibility, a judicially created doctrine that serves as a gatekeeper to prevent the patenting of subject matter deemed so fundamental as to be better left unpatented. Over the course of the next 25 years the Court of Appeals of the Federal Circuit oversaw a progressive expansion in the scope subject matter deemed patent eligible, highlighted by the adoption in the 1990’s of a “useful, concrete and tangible” test for patent eligibility that for all practical purposes seemed to subsume the patent …
Symposium Issue Introduction And Dedication,
2014
Benjamin N. Cardozo School of Law
Symposium Issue Introduction And Dedication, Shawna Benston
Cardozo Journal of Conflict Resolution
The 2013 Jed D. Melnick Annual Symposium, which took place on November 18th, 2013, was entitled "Bioethics, Healthcare Policy, and Alternative Dispute Resolution in the Age of Obamacare." Scholars and practitioners of bioethics alternative dispute resolution came together to discuss the likely impact of a healthcare overhaul born of an ethical challenge: to achieve the greatest good for the greatest number while continuing to honor the value of the individual. Collectively, the Symposium participants anticipated the particular importance of mediation and bioethical debate within the complex health-delivery system that has been drafted under this biomedical imperative.
The Growing Power Of Healthcare Ethics Committees Heightens Due Process Concerns,
2014
Hamline University School of Law
The Growing Power Of Healthcare Ethics Committees Heightens Due Process Concerns, Thaddeus Mason Pope
Cardozo Journal of Conflict Resolution
Complex ethical situations, such as end-of-life medical treatment disputes, occur on a regular basis in healthcare settings. Healthcare ethics committees (HECs) have been a leading dispute resolution forum for many of these conflicts. But while the function of HECs has evolved from mediation to adjudication, the form of HECs has not evolved to adapt to this expanded and more consequential function.
Bioethics Mediation & The End Of Clinical Ethics As We Know It,
2014
Yeshiva University, Cardozo School of Law
Bioethics Mediation & The End Of Clinical Ethics As We Know It, Autumn Fiester
Cardozo Journal of Conflict Resolution
In this Article, I will not only argue that bioethics mediation is a superior approach for resolving ethics conflicts, but I will also defend the controversial position that it is the only ethically justifiable method for resolving values-based conflicts in a pluralistic society. Although it has so far been relegated to the status of mere handmaiden to conventional consultation, bioethics mediation-as its detractors have surmised-has the potential to end clinical ethics consultation as we know it.
Informed Consent In Mediation: Promoting Pro Se Parties' Informed Settlement Choice While Honoring The Mediator's Ethical Duties,
2014
University of the Pacific McGeorge School of Law
Informed Consent In Mediation: Promoting Pro Se Parties' Informed Settlement Choice While Honoring The Mediator's Ethical Duties, Michael T. Colatrella Jr.
Cardozo Journal of Conflict Resolution
In explaining the proper role of informed consent in mediation, this Article will proceed as follows: Part II will examine mediation's core ethical values of self-determination, impartiality and promoting a quality process. Part III will explore the meaning and origins of the informed consent doctrine; and, in Part IV, analyze the application of informed consent policies and principles to mediation in the light of mediation's core ethical values. Part V will explore ways that mediators can promote informed outcome consent within the existing ethical framework and recommend legislative reform that will help clarify the mediator's proper role of promoting fair …
Shaken Baby Syndrome On Trial,
2014
University of Wisconsin Law School
Shaken Baby Syndrome On Trial, Keith A. Findley, Barry Scheck
Articles
This is a short review of Deborah Tuerkheimer's book, "Flawed Convictions: 'Shaken Baby Syndrome' and the Inertia of Injustice" (Oxford University Press 2014).
Success And Failure In Adr: A Dialogue Between Partners,
2014
Benjamin N. Cardozo School of Law
Success And Failure In Adr: A Dialogue Between Partners, Lela P. Love, Joseph B. Stulberg
Articles
Love and Stulberg critically discuss policy, scholarly, and practice developments in four areas of program development in the area historically referenced as alternative dispute resolution (ADR): the range of process options; the impact of court procedures on ADR program development and practice; the nature of ADR scholarship and training; and the general public's receptiveness to or rejection of the normative principles that structure ADR collaborative processes. Their concluding remarks suggest that the promise of ADR, particularly of the mediation process, remains inspiring to many, even if its effective implementation remains uneven.
Accommodation, Establishment, And Freedom Of Religion,
2014
Notre Dame Law School
Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett
Journal Articles
This short essay engages the argument that it would violate the First Amendment’s Establishment Clause to exempt an ordinary, nonreligious, profit-seeking business – such as Hobby Lobby – from the Affordable Care Act’s contraceptive-coverage rules. In response to this argument, it is emphasized that the First Amendment not only permits but invites generous, religion-specific accommodations and exemptions and that the Court’s Smith decision does not teach otherwise. In addition, this essay proposes that laws and policies that promote and protect religious freedom should be seen as having a “secular purpose” and that because religious freedom, like clean air, is an …
Shopping For Gender: The Unlawfulness Of An Unregulated Market For Prenatal Gender Selection And Selective Gender Abortion,
2014
Benjamin N. Cardozo School of Law
Shopping For Gender: The Unlawfulness Of An Unregulated Market For Prenatal Gender Selection And Selective Gender Abortion, Eujean Park
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Mandatory Ultrasound Statutes And The First Amendment, Shifting The Constitutional Perspective,
2014
University of Maryland Francis King Carey School of Law
Mandatory Ultrasound Statutes And The First Amendment, Shifting The Constitutional Perspective, Cheri D. Smith
Cardozo Journal of Equal Rights & Social Justice
The jurisprudence of abortion law is replete with instances in which the concerns of the woman seeking the procedure have taken a back seat. The newest battleground in abortion regulation involves mandatory ultrasound statutes touted as informed consent regulations. The analysis of courts confronting these statutes has turned on whether the mandatory disclosures violate the physician's First Amendment right to be free from compelled speech. The particular breed of statute at issue in this paper requires a physician not only to perform an ultrasound, but also to make the images visible to the woman, to make audible the heartbeat, and …
Toward A Jurisprudence Of Drug Regulation,
2014
Dalhousie University - Schulich School of Law
Toward A Jurisprudence Of Drug Regulation, Matthew Herder
Articles, Book Chapters, & Popular Press
Efforts to foster transparency in biopharmaceutical regulation are well underway: drug manufacturers are, for example, legally required to register clinical trials and share research results in the United States and Europe. Recently, the policy conversation has shifted toward the disclosure of clinical trial data, not just trial designs and basic results. Here, I argue that clinical trial registration and disclosure of clinical trial data are necessary but insufficient. There is also a need to ensure that regulatory decisions that flow from clinical trials — whether positive (i.e. product approvals) or negative (i.e. abandoned products, product refusals, and withdrawals) — are …
Can I Be Sued For That? Liability Risk And The Disclosure Of Clinically Significant Genetic Research Findings,
2014
Vanderbilt University Law School
Can I Be Sued For That? Liability Risk And The Disclosure Of Clinically Significant Genetic Research Findings, Ellen Wright Clayton, Amy L. Mcguire, Et Al.
Vanderbilt Law School Faculty Publications
Genomic researchers increasingly are faced with difficult decisions about whether, under what circumstances, and how to return research results and significant incidental findings to study participants. Many have argued that there is an ethical—maybe even a legal—obligation to disclose significant findings under some circumstances. At the international level, over the last decade there has begun to emerge a clear legal obligation to return significant findings discovered during the course of research. However, there is no explicit legal duty to disclose in the United States. This creates legal uncertainty that may lead to unmanaged variation in practice and poor quality care. …
Report As To Proposed Pilot Project On The Electronic Monitoring Of Forensic Mental Health Patients,
2014
Schulich School of Law, Health Law Institute, Dalhousie University
Report As To Proposed Pilot Project On The Electronic Monitoring Of Forensic Mental Health Patients, Elaine Gibson, Leah Hutt, Sheila Wildeman, Constance Macintosh
Reports & Public Policy Documents
This report was undertaken in response to a request from the Nova Scotia government for assistance in identifying and analyzing legal issues related to the potential establishment of a pilot project. The project would involve the use of electronic monitoring (EM) of forensic mental health patients (patients) detained at the East Coast Forensic Hospital (ECFH) who are exercising indirectly supervised and unescorted community access (community access). The purpose of our analysis is not to determine if an EM policy or its application violates any laws. Rather, the purpose is to consider whether there are factors that may support legal challenges …
Harm And The Fluid Nature Of Identity In Wrongful Life Cases Involving Preimplantation Genetic Diagnosis,
2014
Benjamin N. Cardozo School of Law
Harm And The Fluid Nature Of Identity In Wrongful Life Cases Involving Preimplantation Genetic Diagnosis, Matthew Reisman
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Employer-Based Health Care Insurance: Not So Exceptional After All,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher
Scholarly Works
No abstract provided.
A Restatement Of Health Care Law,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
A Restatement Of Health Care Law, David Orentlicher
Scholarly Works
No abstract provided.
Silence Is Golden ... Except In Health Care Philanthropy,
2014
University of Oklahoma College of Law
Silence Is Golden ... Except In Health Care Philanthropy, Stacey A. Tovino
Faculty Articles
No abstract provided.
Redressing The Patent Imbalance In Genetic Testing,
2014
Singapore Management University
Redressing The Patent Imbalance In Genetic Testing, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
In one of the most highly anticipated decisions emanating from the apex Court in the US in recent times, the US Supreme Court in Association for Molecular Pathology v Myriad Genetics Inc was asked to consider, in the main, the patentability of a naturally occurring gene sequence which had been specifically isolated from the human genome. Although the patent was eventually denied, this seminal case will certainly not be the last word on what is clearly a very controversial subject, at least outside of the US.
