From Trusted Confidant To Witness For The Prosecution: The Case Against The Recognition Of A Dangerous-Patient Exception To The Psychotherapist-Patient Privilege,
2011
University of Detroit Mercy School of Law
From Trusted Confidant To Witness For The Prosecution: The Case Against The Recognition Of A Dangerous-Patient Exception To The Psychotherapist-Patient Privilege, Deborah Paruch
The University of New Hampshire Law Review
[Excerpt] “In 1996, in Jaffee v. Redmond, the U.S. Supreme Court, pursuant to the authority set forth in Federal Rule of Evidence 501, recognized a psychotherapist-patient privilege in the federal courts. In doing so, the Court acknowledged the essential role that confidentiality plays in a therapist-patient relationship and also recognized the important role that psychotherapy plays in the mental health of the American citizenry. However, in dicta set out in a footnote near the conclusion of the opinion (footnote 19 of the opinion), the Court suggested that the privilege might not be absolute, that it might need to “give way …
Whose Body? Whose Soul? Medical Decision-Making On Behalf Of Children And The Free Exercise Clause Before And After Employment Division V. Smith,
2011
Case Western Reserve University School of Law
Whose Body? Whose Soul? Medical Decision-Making On Behalf Of Children And The Free Exercise Clause Before And After Employment Division V. Smith, B. Jessie Hill
Cardozo Law Review
Within constitutional law, children's rights have suffered from severe neglect. The issue of parents' constitutional rights to deny children medical treatment based on religious belief is one area in desperate need of attention. Although the Supreme Court's 1990 decision in Employment Division v. Smith seemingly set forth a relatively clear rule regarding the availability of exemptions from generally applicable laws - such as those requiring parents to ensure that their children receive appropriate medical care - Smith has changed little in this realm, and if anything, it has only confused matters, highlighting the intractable nature of the issue. While Smith …
Dynamic Patent Governance In Europe And The United States: The Myriad Example,
2011
Marquette University Law School
Dynamic Patent Governance In Europe And The United States: The Myriad Example, Kali Murray, Esther Van Zimmeren
Cardozo Journal of International and Comparative Law
This Article examines the emerging elements of a new model for patent governance. It is divided into four parts. In Section One, we develop a model of dynamic patent governance. This model extends the theoretical framework of network governance, to explain the emergence of networks in the decisionmaking infrastructure for the public and private actors in the patent system. Dynamic patent governance widens this theoretical framework in two key ways. First, dynamic patent governance, within its formal dimensions, is based on the idea that heterogeneous administrative actors regulate the grant and enforcement of patents. This challenges a perspective that sees …
Mary Jane's New Dance: The Medical Marijuana Legal Tango,
2011
Benjamin N. Cardozo School of Law
Mary Jane's New Dance: The Medical Marijuana Legal Tango, Michael Berkey
Cardozo Public Law, Policy & Ethics Journal
The note examines the legal and social dynamics surrounding medical marijuana, tracing its historical use, the evolution of regulatory policies, and the ongoing conflicts between federal, state, and local laws. It highlights the shift in societal perception and the growing acceptance of medical marijuana, despite persistent legal challenges.
Arguments Not Raised: How The Plaintiffs’ Missed Opportunity Led To The Tenth Circuit’S Decision In June V. Union Carbide Corp.,
2011
Brigham Young University Law School
Arguments Not Raised: How The Plaintiffs’ Missed Opportunity Led To The Tenth Circuit’S Decision In June V. Union Carbide Corp., Nathan White
BYU Law Review
No abstract provided.
Medical Alert: Alarming Challenges Facing Medical Technology Innovation,
2011
University of Maryland School of Law
Medical Alert: Alarming Challenges Facing Medical Technology Innovation, Lawrence M. Sung
Faculty Scholarship
No abstract provided.
The Relation Of Theories Of Jurisprudence To International Politics And Law,
2011
Northwestern University School of Law
The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato
Faculty Working Papers
In this essay we shall be concerned with the real world relevance of theories of international law; that is, with the question of the theories themselves as a factor in international decision-making. To do this it is first necessary to review briefly the substance of the jurisprudential debate among legal scholars, then to view some basic jurisprudential ideas as factors in international views of "law," and finally to reach the question of the operative difference a study of these theories might make in world politics.
An Essay On Torts: States Of Argument,
2011
Northwestern University School of Law
An Essay On Torts: States Of Argument, Marshall S. Shapo
Faculty Working Papers
This essay summarizes high points in torts scholarship and case law over a period of two generations, highlighting the "states of argument" that have characterized tort law over that period. It intertwines doctrine and policy. Its doctrinal features include the tradtional spectrum of tort liability, the duty question, problems of proof, and the relative incoherency of damages rules. Noting the cross-doctrinal role of tort as a solver of functional problems, it focuses on major issues in products liability and medical malpractice. The essay discusses such elements of policy as the role of power in tort law, the tension between communitarianism …
The Path Between Sebastian's Hospitals: Fostering Reconciliation After A Tragedy,
2011
Barry University School of Law
The Path Between Sebastian's Hospitals: Fostering Reconciliation After A Tragedy, Jonathan R. Cohen
Barry Law Review
No abstract provided.
Can Law Improve Prevention And Treatment Of Cancer?,
2011
University of Sydney
Can Law Improve Prevention And Treatment Of Cancer?, Roger Magnusson, Lawrence O. Gostin, David Studdert
O'Neill Institute Papers
The December 2011 issue of Public Health (the Journal of the Royal Society for Public Health) contains a symposium entitled: Legislate, Regulate, Litigate? Legal approaches to the prevention and treatment of cancer. This symposium explores the possibilities for using law and regulation – both internationally and at the national level – as the policy instrument for preventing and improving the treatment of cancer and other leading non-communicable diseases (NCDs). In this editorial, we argue that there is an urgent need for more legal scholarship on cancer and other leading NCDs, as well as greater dialogue between lawyers, public health practitioners …
The Impact Of The Biosimilars Provision Of The Health Care Reform Bill On Innovation Investments, 10 J. Marshall Rev. Intell. Prop. L. 553 (2011),
2011
UIC School of Law
The Impact Of The Biosimilars Provision Of The Health Care Reform Bill On Innovation Investments, 10 J. Marshall Rev. Intell. Prop. L. 553 (2011), Katherine N. Addison
UIC Review of Intellectual Property Law
The Biologics Price Competition and Innovation Act of 2009 provides an abbreviated FDA approval pathway for biosimilars. The passage of this biosimilar legislation is a positive step toward retaining a robust biotechnology industry in the United States while also protecting innovators. The Act’s increased FDA exclusivity is welcome, but FDA exclusivity alone is insufficient to encourage and protect innovation and investment in biosimilars. Instead, the exclusivity provided by a patent term, together with the ability to adjust this term to compensate an applicant for U.S. Patent and Trademark Office and FDA delays, is necessary to ensure development of highly specialized …
Seven Pillars Of Small War Power,
2011
University of South Florida
Seven Pillars Of Small War Power, Randy Borum
Mental Health Law & Policy Faculty Publications
No abstract provided.
Organ Conscription: How The Dead Can Save The Living,
2011
Cleveland State University
Organ Conscription: How The Dead Can Save The Living, David Schwark
Journal of Law and Health
This Note will examine the failures of uncompensated and voluntary donation and argue that the only way to meet our country's organ needs is to make donation mandatory. Part II of this Note examines the history of voluntary organ donation in the United States. This history describes the evolution of organ donation laws from the first transplant until the present day. Part II also details the consequences and shortcomings of the current system. Part III examines three other proposed solutions to the organ deficit. These possible solutions include routine requests, an organ market, and presumed consent. However, none of these …
Reverse Settlements As Patent Invalidity Signals,
2011
University of Baltimore School of Law
Reverse Settlements As Patent Invalidity Signals, Gregory Dolin
All Faculty Scholarship
Over the last decade a new type of settlements, commonly referred to as “reversed payment settlements” or simply “reverse settlements,” emerged in litigation over patents covering pharmaceutical products. What differentiates these new settlements from their traditional counterparts is that whereas traditionally, the alleged trespasser on someone else's rights pays the rights-holder to settle the litigation, in these new settlements it is the rights holder that pays the alleged trespasser. These settlements are a direct consequence of the various incentives provided by the Hatch-Waxman Act - an Act designed to increase competition between brand name and generic manufactures of pharmaceutical products. …
Constitutional Challenges To The Health Care Mandate: Based In Politics, Not Law,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Constitutional Challenges To The Health Care Mandate: Based In Politics, Not Law, David Orentlicher
Scholarly Works
No abstract provided.
Controlling Health Care Costs Through Public, Transparent Processes: The Conflict Between The Morally Right And The Socially Feasible,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Controlling Health Care Costs Through Public, Transparent Processes: The Conflict Between The Morally Right And The Socially Feasible, David Orentlicher
Scholarly Works
No abstract provided.
Can Congress Make You Buy Broccoli? And Why It Doesn’T Matter,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Can Congress Make You Buy Broccoli? And Why It Doesn’T Matter, David Orentlicher
Scholarly Works
No abstract provided.
The Commerical Speech Doctrine In Health Regulation: The Clash Between The Public Interest In A Robust First Amendment And The Public Interest In Effective Protection From Harm,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Commerical Speech Doctrine In Health Regulation: The Clash Between The Public Interest In A Robust First Amendment And The Public Interest In Effective Protection From Harm, David Orentlicher
Scholarly Works
No abstract provided.
How (Not) To Regulate Arts: Lessons From Octomom,
2011
UC Hastings College of the Law
How (Not) To Regulate Arts: Lessons From Octomom, Radhika Rao
Faculty Scholarship
No abstract provided.
The Potential Of Shared Decision Making To Reduce Health Disparities,
2011
UC Hastings College of the Law
The Potential Of Shared Decision Making To Reduce Health Disparities, Jaime S. King, Mark H. Eckman, Benjamin W. Moulton
Faculty Scholarship
No abstract provided.
