Angels Of Mercy Or Greedy Capitalists? Buying Life Insurance Policies From The Terminally Ill,
2012
Pepperdine University
Angels Of Mercy Or Greedy Capitalists? Buying Life Insurance Policies From The Terminally Ill, Denise M. Schultz
Pepperdine Law Review
No abstract provided.
Medtronic, Inc. V. Lohr: Is Federal Pre-Emption A Heartbeat Away From Death Under The Medical Device Amendments?,
2012
Pepperdine University
Medtronic, Inc. V. Lohr: Is Federal Pre-Emption A Heartbeat Away From Death Under The Medical Device Amendments?, Mark E. Gelsinger
Pepperdine Law Review
No abstract provided.
The Fda Sends Smoke Signals To Big Tobacco: Will The Fda Suffer Backlash, Will Alcohol Be Regulated Next, And Will The Health Of Americans Prevail?,
2012
Pepperdine University
The Fda Sends Smoke Signals To Big Tobacco: Will The Fda Suffer Backlash, Will Alcohol Be Regulated Next, And Will The Health Of Americans Prevail?, Angela Turriciano
Pepperdine Law Review
No abstract provided.
Irreconcilable Differences: Why The Doctor-Patient Relationship Is Disintegrating At The Hands Of Health Maintenance Organizations And Wall Street,
2012
Pepperdine University
Irreconcilable Differences: Why The Doctor-Patient Relationship Is Disintegrating At The Hands Of Health Maintenance Organizations And Wall Street, Mark O. Hiepler, Brian C. Dunn
Pepperdine Law Review
No abstract provided.
Vacco V. Quill And Washington V. Glucksberg: Thou Shalt Not Kill, Unless Your State Permits Physician-Assisted Suicide ,
2012
Pepperdine University
Vacco V. Quill And Washington V. Glucksberg: Thou Shalt Not Kill, Unless Your State Permits Physician-Assisted Suicide , Jennifer Bradford
Pepperdine Law Review
No abstract provided.
State Medical Reimbursement Lawsuits After Tobacco: Is The Domino Effect For Lead Paint Manufacturers And Others Fair Game? ,
2012
Pepperdine University
State Medical Reimbursement Lawsuits After Tobacco: Is The Domino Effect For Lead Paint Manufacturers And Others Fair Game? , Richard L. Cupp Jr.
Pepperdine Law Review
In 1998 the tobacco industry reached a settlement with the government for $246 billion. The massive size and scope of the states' tobacco settlement will inevitably exert a powerful influence on tort litigation for decades. The proliferation of copycat lawsuits, such as lead paint claims, seeking to emulate the spectacular success of the tobacco lawsuits will be one of the first aftershocks. The appropriate legislative response to this copycat litigation is to enact legislation limiting mass tort claims by states and other government entities. Because politics and economics may be influencing the filing of these lawsuits, rather than a purer …
Ringing The Bell On Concussions: The Rise Of Head Injuries And Cognitive Decline In Football Players, And The Nfl's Obligation To Improve Safety Measures,
2012
Benjamin N. Cardozo School of Law
Ringing The Bell On Concussions: The Rise Of Head Injuries And Cognitive Decline In Football Players, And The Nfl's Obligation To Improve Safety Measures, Jarryd Werts
Cardozo Public Law, Policy & Ethics Journal
The NFL faces significant legal and ethical challenges in addressing the long-term health consequences of concussions among its players. While the league has implemented various safety measures and policies, such as rule changes and educational initiatives, these efforts may be insufficient to fully protect players from the risks associated with repeated head trauma. The NFL must continue to improve its safety protocols not only to safeguard its current and future players but also to set a precedent for other contact sports leagues. The legal battles over negligence and fraud highlight the need for a more robust approach to player health …
The Past And Future Of Deinstitutionalization Litigation,
2012
University of Michigan Law School
The Past And Future Of Deinstitutionalization Litigation, Samuel R. Bagenstos
Cardozo Law Review
Two conflicting stories have consumed the academic debate regarding the impact of deinstitutionalization litigation. The first, which has risen almost to the level of conventional wisdom, is that deinstitutionalization was a disaster. The second story challenges the suggestion that deinstitutionalization has uniformly been unsuccessful, as well as the causal link critics seek to draw with the growth of the homeless population. This Article, which embraces the second story, assesses the current wave of deinstitutionalization litigation. It contends that things will be different this time. The particular outcomes of the first wave of deinstitutionalization litigation, this Article contends, resulted from the …
Scholastic Steroids: Is Generation Rx Cognitively Cheating? ,
2012
Pepperdine University
Scholastic Steroids: Is Generation Rx Cognitively Cheating? , Kelline R. Linton
Pepperdine Law Review
No abstract provided.
A Secure Medical Communication System For Android Smartphones,
2012
Cleveland State University
A Secure Medical Communication System For Android Smartphones, Ben Andow
Undergraduate Research Posters 2012
The use of smartphones within the medical field can be beneficial in numerous ways. Communication protocols and access controls ensure that the application prototype is compliant with HIPPA regulations.
Defensive Medicine And Obstetric Practices,
2012
Cornell Law School
Defensive Medicine And Obstetric Practices, Michael Frakes
Cornell Law Faculty Publications
Using data on physician behavior from the 1979–2005 National Hospital Discharge Surveys (NHDS), I estimate the relationship between malpractice pressure, as identified by the adoption of noneconomic damage caps and related tort reforms, and certain decisions faced by obstetricians during the delivery of a child. The NHDS data, supplemented with restricted geographic identifiers, provides inpatient discharge records from a broad enough span of states and covering a long enough period of time to allow for a defensive medicine analysis that draws on an extensive set of variations in relevant tort laws. Contrary to the conventional wisdom, I find no evidence …
Science On Law's Terms: Implications Of Procedural Legitimacy On Scientific Evidence,
2012
Dalhousie University Schulich School of Law
Science On Law's Terms: Implications Of Procedural Legitimacy On Scientific Evidence, Nayha Acharya
LLM Theses
Scientific evidence is relied on more and more in litigation. Discussions and debates aimed at enabling courts to make the best use scientific evidence are increasingly critical. This thesis adds the perspective of procedural legitimacy to the science and law discussion. Procedural Legitimacy is the concept that consistent adherence to legal procedure maintains the overall legitimacy of the legal system, and the validity of its outcomes. I argue that the integrity of legal procedures must be maintained where scientific evidence is presented, so that judicial decisions that rely on scientific evidence are legitimate.
The Disappearing Provision: Medical Liability Reform Vanishes From The Patient Protection And Affordable Care Act Despite State Court Split,
2012
American University Washington College of Law
The Disappearing Provision: Medical Liability Reform Vanishes From The Patient Protection And Affordable Care Act Despite State Court Split, Rafael Andre Roberti
Legislation and Policy Brief
The legal and medical communities have debated the impact and necessity of medical liability reform for over twenty years. At the heart of the debate is the question of how to strike a balance between compensating patients and their families for the thousands of deaths and injuries resulting from medical errors that occur annually, and encouraging physicians to continue to care for patients across America. While several states have passed medical liability reform laws previously, on March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (ACA)—colloquially known as the “health care bill”—that contains provisions on medical …
Pliva Shields Big Pharma From Billions, Cuts Consumers' Rights,
2012
University of San Diego
Pliva Shields Big Pharma From Billions, Cuts Consumers' Rights, Dana Taschner
San Diego Law Review
This Article explores the emergence of the LRA test, as well as its dangers, and explains how an equivalent norm underlies recent monopolization cases. The Author concludes that the law should not require business practices to maximize social welfare to pass muster under the antitrust laws. As tools of public policy directed at unilateral market behavior, antitrust and regulation have long played distinct, though complementary, roles. Natural-monopoly regulation has as its immodest goal the maximization of consumer welfare by simultaneously imposing universal service obligations and spurring the efficiencies associated with competition through the imposition of various behavioral constraints. That such …
The Informational And Institutional Theories Of Off-Label Promotion,
2012
University of San Diego
The Informational And Institutional Theories Of Off-Label Promotion, Miguel A. Lopez
San Diego Law Review
This Article contends that there are two distinct theories of the offense of off-label promotion—the informational theory and the institutional theory. One is concerned with controlling the flow of medical knowledge and the other is concerned with protecting regulatory legitimacy. Different kinds of evidence are key under each theory. I argue that although the Federal Food, Drug, and Cosmetic Act (FD&C Act) and its accompanying regulations emphasize the informational theory, federal prosecutors rely more heavily on the legal arguments that underpin the institutional theory of enforcement. A corollary to this contention is that the informational theory of off-label promotion does …
An Artist's Theory Of Money,
2012
Yeshiva University, Cardozo School of Law
An Artist's Theory Of Money, Franz Kaltenbeck
Cardozo Law Review
In the eighties, the German-Swiss artist Dieter Roth (1930-1998) formulated a theory of money which throws a cruel light on one of the most important instruments of social exchange. That money often comes from dirty business is a commonplace even if it cannot be denied as a fact. But the artist went beyond this observation. Far from being a "beautiful soul," Dieter Roth developed the idea that it belongs to the essence of money to have dark and criminal origins which arise from the same sources as our fears. Money, he said, is a kind of sedative, used to "conjure …
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability,
2012
Pepperdine University
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson
Pepperdine Law Review
No abstract provided.
The Ftca, Veterans, And Future Medical Expenses,
2012
University of San Diego
The Ftca, Veterans, And Future Medical Expenses, R. J. Pinto
San Diego Law Review
In this comment the author aims to expose the jurisprudential flaws in a particular area of the law and advocate, as his prescription a refocused jurisprudence. Part II describes how courts have historically come to the conclusion that veterans suing under the FTCA should be awarded future medical expenses despite their entitlement to VA medical care. Part III address a threshold issue: the extent to which courts using this framework have overcompensated veterans. Part IV addresses why overcompensating veterans under the FTCA matters on a policy level. Part V exposes the problems with the court's jurisprudence and provides a solution …
Reply To Critics Of The Heartbeat Bill,
2012
Cleveland State University, Cleveland-Marshall College of Law
Reply To Critics Of The Heartbeat Bill, David Forte
Law Faculty Articles and Essays
Forte's reply to critics of HB 125 – The Heartbeat Bill (2011-2012) appears on the Catholic Conference of Ohio website.
Two Kinds Of Statistics, The Kind You Look Up And The Kind You Make Up: A Critical Analysis Of Comparative Provider Statistics And The Doctrine Of Informed Consent,
2012
Pepperdine University
Two Kinds Of Statistics, The Kind You Look Up And The Kind You Make Up: A Critical Analysis Of Comparative Provider Statistics And The Doctrine Of Informed Consent, Jennifer Wolfberg
Pepperdine Law Review
No abstract provided.
