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.
Race To The Cure: Why Gene Patents Pave The Way For Breast Cancer Research,
2011
American University Washington College of Law
Race To The Cure: Why Gene Patents Pave The Way For Breast Cancer Research, Nicole Boutros
American University Journal of Gender, Social Policy & the Law
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 …
A Medical Malpractice Model For Developing Countries?,
2011
Southern Methodist University, Dedman School of Law
A Medical Malpractice Model For Developing Countries?, Nathan Cortez
Faculty Journal Articles and Book Chapters
This Article, written for the symposium "Reforming Medical Liability: Global Perspectives," evaluates the unique plight of developing countries in crafting medical liability regimes. Many developing countries struggle to maintain workable systems for adjudicating physician negligence. This is due to a variety of factors, such as widespread poverty, more pressing public health priorities that demand attention, a scarcity of physicians, immature health care systems, large informal health sectors, regulatory deficits, and weak civil societies, among others. Patients in these countries are also less able than their counterparts in well-developed countries to evaluate and challenge the care they receive and thus serve …
Can Speech By Fda-Regulated Firms Ever Be Noncommercial?,
2011
Southern Methodist University, Dedman School of Law
Can Speech By Fda-Regulated Firms Ever Be Noncommercial?, Nathan Cortez
Faculty Journal Articles and Book Chapters
This Article considers whether speech by pharmaceutical, medical device, and other FDA-regulated companies can ever be noncommercial and thus subject to heightened protection under the First Amendment. Since the U.S. Supreme Court first recognized a right to commercial speech in 1976, there have been 24 published federal judicial opinions in which an FDA-regulated firm has argued that its speech was protected. Courts have categorized the speech as commercial in all but two cases, neither of which involved FDA rules or enforcement.
I examine the tests and factors courts claim they use when making this threshold distinction, then identify the various …
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.
Good Medicine/Bad Medicine And The Law Of Evidence: Is There A Role For Proof Of Character, Propensity, Or Prior Bad Conduct In Medical Negligence Litigation?, 63 S.C. L. Rev. 367 (2011),
2011
The John Marshall Law School
Good Medicine/Bad Medicine And The Law Of Evidence: Is There A Role For Proof Of Character, Propensity, Or Prior Bad Conduct In Medical Negligence Litigation?, 63 S.C. L. Rev. 367 (2011), Marc Ginsberg
UIC Law Open Access Faculty Scholarship
No abstract provided.
Voluntarily Stopping Eating And Drinking: A Legal Treatment Option At The End Of Life,
2011
Mitchell Hamline School of Law
Voluntarily Stopping Eating And Drinking: A Legal Treatment Option At The End Of Life, Thaddeus Mason Pope
Faculty Scholarship
Despite the growing sophistication of palliative medicine, many individuals continue to suffer at the end of life. It is well settled that patients, suffering or not, have the right to refuse life-sustaining medical treatment (such as dialysis or a ventilator) through contemporaneous instructions, through an advance directive, or through a substitute decision maker. But many ill patients, including a large and growing population with advanced dementia who are not dependent upon life-sustaining medical treatment, do not have this option. They have the same rights, but there is simply no life-sustaining medical treatment to refuse.
Nevertheless, these patients have another right, …
The Human Right To Health And Hiv/Aids: South Africa And South-South Cooperation To Reframe Global Intellectual Property Principles And Promote Access To Essential Medicines,
2011
University of Utah, S. J. Quinney College of Law
The Human Right To Health And Hiv/Aids: South Africa And South-South Cooperation To Reframe Global Intellectual Property Principles And Promote Access To Essential Medicines, Erika George
Indiana Journal of Global Legal Studies
The HIV/AIDS pandemic has had a devastating and disproportionate impact in countries of the Global South. The experience of an individual infected with HIV in Africa is very different than that of an individual infected with HIV in America. Life expectancy varies sharply. The ability or inability to access medicines essential for treatment accounts for much of the variance. This article examines how the rhetoric of human rights used in the context of South Africa's AIDS crisis resonated across the Global South, resulted in a powerful social movement for access to medicines, and contributed to important changes in international intellectual …
Has Italy Discovered Virgil? Utilizing The British Archetype To Create End-Of-Life Legislation In Italy,
2011
Benjamin N. Cardozo School of Law
Has Italy Discovered Virgil? Utilizing The British Archetype To Create End-Of-Life Legislation In Italy, Nicholas A. Secara
Cardozo Journal of International and Comparative Law
The note examines the legal and ethical debates surrounding end-of-life rights, focusing on the tension between the right to life and the right to death. It highlights the lack of explicit end-of-life legislation in Italy, the inconsistent application of existing laws, and the ethical dilemmas faced by courts and medical professionals. The analysis compares Italy's legal framework with that of other European countries, such as Switzerland and the UK, and explores the implications of these differences for patients, families, and the medical community.
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.
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.
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.
Illinois Nursing Home Reform: Sorting Out The Deadly Mix,
2011
Loyola University Chicago, School of Law
Illinois Nursing Home Reform: Sorting Out The Deadly Mix, Sonia Piacenza
Public Interest Law Reporter
No abstract provided.
Illinois Judge Approves Agreement Giving Choice In Treatment For Mental Illness,
2011
Loyola University Chicago, School of Law
Illinois Judge Approves Agreement Giving Choice In Treatment For Mental Illness, Tessa Jania
Public Interest Law Reporter
No abstract provided.
The Advance Directive Registry Or Lockbox: A Model Proposal And Call To Legislative Action,
2011
Florida A&M University College of Law
The Advance Directive Registry Or Lockbox: A Model Proposal And Call To Legislative Action, Joseph Karl Grant
Journal Publications
In times of need, what portal or place could we go to easily to retrieve a person's advance directives when we have need to employ and use them? A handful of states have come up with a solution. Nevada, Washington, and Vermont now have legislation in place that allow citizens of those states to electronically store their advance directives on the internet -in an electronic lockbox or portal of sorts. These states have addressed a critical need of their citizens: the need to have their advance directives accessible and readily available to health care providers so that their intent and …
