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Maurer School of Law: Indiana University

Indiana Journal of Global Legal Studies

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Articles 1 - 24 of 24

Full-Text Articles in Health Law and Policy

The Global Person: Pig-Human Embryos, Personhood, And Precision Medicine, Yvonne Cripps Jul 2018

The Global Person: Pig-Human Embryos, Personhood, And Precision Medicine, Yvonne Cripps

Indiana Journal of Global Legal Studies

Chimeras, in the form of pig-human embryos engineered by CRISPR-Cas9 and other biotechnologies, have been created as potential sources of organs for transplantation. Against that background, and in an era of "precision medicine," this Article examines the concept of the global genetically modified person and asks whether humanness and personhood are being eroded, or finding new boundaries in intellectual property and constitutional law.


Will The Ebola Epidemic Serve To Make Reform Of The Broken Health Research And Development Framework Go Viral?, Jeremy Mcdonald Jul 2016

Will The Ebola Epidemic Serve To Make Reform Of The Broken Health Research And Development Framework Go Viral?, Jeremy Mcdonald

Indiana Journal of Global Legal Studies

The recent Ebola outbreak in West Africa has captured the public imagination as few other epidemics have, as its rapid spread and lethal effect demonstrated the devastating toll that infectious diseases can exact from a world unprepared to confront them. In light of the epidemic's tragic consequences, numerous experts have called for reform of the system of global health governance whose shortfalls allowed the epidemic to assume the horrifying dimensions it did. Among the many inadequacies that the outbreak uncovered is the insufficient amount of research into and development of treatments and vaccines for infectious diseases of poverty, among ...


Toward An International Constitution Of Patient Rights, Alison Poklaski Jul 2016

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.


Increasing Health Care Access In Yemen Through Community-Based Health Insurance, Matthew Fuss Jul 2016

Increasing Health Care Access In Yemen Through Community-Based Health Insurance, Matthew Fuss

Indiana Journal of Global Legal Studies

This Note addresses the implementation of health insurance reform in Yemen. As a result of a system of user fees and a lack of health insurance, the current regime poses serious barriers to health care access for Yemen's uninsured citizens. When the dust settles from the ongoing conflict with Houthi rebels, the time will be ripe for replacing Yemen's health financing system. In order to rebuild trust and curb abuse in the public health system, legal reforms are required to implement health insurance through decentralized decision-making and accountability measures. The Welfare Regime Framework accommodates these general reforms through ...


The Affordable Care Act And International Recruitment And Migration Of Nursing Professionals, Helen D. Arnold Jul 2013

The Affordable Care Act And International Recruitment And Migration Of Nursing Professionals, Helen D. Arnold

Indiana Journal of Global Legal Studies

Through its various provisions, the Affordable Care Act will insure more than thirty million Americans by January 1, 2014. This dramatic increase in coverage will have significant effects on both the U.S. economy and its healthcare system. Nursing professionals make up a large portion of the U.S. healthcare system and with a dramatic nursing shortage already in place, employers increasingly look abroad to fill nursing vacancies. Due to the increasing effects of globalization, foreign nurses have become an integral part of the U.S. healthcare system. This note argues that the increased coverage created by the Affordable Care ...


Who's Responsible For This? The Globalization Of Healthcare In Developing Countries, Joshua P. Reading Jul 2010

Who's Responsible For This? The Globalization Of Healthcare In Developing Countries, Joshua P. Reading

Indiana Journal of Global Legal Studies

One aspect of globalization in the developed world is the privatization of services once provided by government. This trend is also arising in developing countries, albeit for different reasons, and an area where this privatization is occurring is healthcare. Despite this privatization, the standard of healthcare in many developing countries is unacceptably low. This Note provides an analysis of this phenomenon in one country-Pakistan, a developing country that has increasingly come to rely on private providers, nongovernmental organizations, and international relief groups for the provision of healthcare-in order to draw conclusions that can be applied elsewhere. While this privatization does ...


Pursuing Health As Foreign Policy: The Case Of China, Yanzhong Huang Jan 2010

Pursuing Health As Foreign Policy: The Case Of China, Yanzhong Huang

Indiana Journal of Global Legal Studies

Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009


An Administrative Law Perspective On Government Social Service Contracts: Outsourcing Prison Health Care In New York City, Alfred C. Aman Jul 2007

An Administrative Law Perspective On Government Social Service Contracts: Outsourcing Prison Health Care In New York City, Alfred C. Aman

Indiana Journal of Global Legal Studies

This paper explores how administrative law can mitigate the democracy deficit that may occur when privatization shifts political debate into relatively private arenas, changes its focus, or precludes debate altogether.I t also argues that the prevailing form and key terms of globalization in the United States derive from neo-liberalism, particularly in the binary division of public/private and their conflation with legal regulation and market responsiveness, respectively. This paper centers specifically on a case study involving the outsourcing of health care for prisoners by a private, for-profit health care provider, Prison Health Services, using it as a means for ...


Reframing The Issue: Aids As A Global Workforce Crisis And The Emerging Role Of Multinational Corporations, Elizabeth M. Chitty Jul 2005

Reframing The Issue: Aids As A Global Workforce Crisis And The Emerging Role Of Multinational Corporations, Elizabeth M. Chitty

Indiana Journal of Global Legal Studies

No abstract provided.


Public Health Law In South Africa, By Sundrasagaran Nadasen, Obijiofor Aginam Apr 2001

Public Health Law In South Africa, By Sundrasagaran Nadasen, Obijiofor Aginam

Indiana Journal of Global Legal Studies

No abstract provided.


The New Biology And International Sharing - Lessons From The Life And Works Of George P. Smith, Ii (Inaugural Lecture: George P. Smith, Ii, Distinguished Visiting Professorship-Chair Of Law), Michael D. Kirby Apr 2000

The New Biology And International Sharing - Lessons From The Life And Works Of George P. Smith, Ii (Inaugural Lecture: George P. Smith, Ii, Distinguished Visiting Professorship-Chair Of Law), Michael D. Kirby

Indiana Journal of Global Legal Studies

[The George P. Smith, II, Distinguished Visiting Professorship-Chair

of Law and Legal Research endowment was established by George P.

Smith to broaden students' exposure to scholars and judges of national

and international reputation and to allow distinguished visiting scholars

the opportunity to do research at Indiana University and share their

ideas with the faculty and students of the Indiana University School of

Law and Indiana University. George P. Smith, an Indiana native,

received his B.S. degree in business, economics, and public policy in

1961 from Indiana University and his J. D. from the Indiana University

School of Law in ...


Global Village, Divided World: South-North Gap And Global Health Challenges At Century's Dawn, Obijiofor Aginam Apr 2000

Global Village, Divided World: South-North Gap And Global Health Challenges At Century's Dawn, Obijiofor Aginam

Indiana Journal of Global Legal Studies

No abstract provided.


Neither Science Nor Shamans: Globalization Of Markets And Health In The Developing World, David Fidler Oct 1999

Neither Science Nor Shamans: Globalization Of Markets And Health In The Developing World, David Fidler

Indiana Journal of Global Legal Studies

No abstract provided.


An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson Oct 1998

An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson

Indiana Journal of Global Legal Studies

No abstract provided.


The Globalization Of Public Health: Emerging Infectious Diseases And International Relations, David Fidler Oct 1997

The Globalization Of Public Health: Emerging Infectious Diseases And International Relations, David Fidler

Indiana Journal of Global Legal Studies

In this article, Professor Fidler explains how the processes of

globalization have altered traditional distinctions between national and

international public health. Professor Fidler begins the article by

familiarizing the reader with globalization, reminding the reader that

globalization refers to the various factors that infringe upon a sovereign

state's ability to control what occurs in its territory. Next, the article defines

and discusses emerging infectious diseases (EIDs) and examines the

contributions made by globalization to the emergence and reemergence of

EIDs. The article then develops a "pathology of the globalization of public

health ", which helps the reader to understand better ...


In Pursuit Of Profitability And Effectiveness In The Global Pharmaceutical Industry: Comments On Professor Walker's Four Challenges, Louis Lasagna, M.D. Oct 1997

In Pursuit Of Profitability And Effectiveness In The Global Pharmaceutical Industry: Comments On Professor Walker's Four Challenges, Louis Lasagna, M.D.

Indiana Journal of Global Legal Studies

No abstract provided.


Introduction: The Public's Health In The Global Era: Challenges, Responses, And Responsibilities Symposium, David Fidler Oct 1997

Introduction: The Public's Health In The Global Era: Challenges, Responses, And Responsibilities Symposium, David Fidler

Indiana Journal of Global Legal Studies

No abstract provided.


Ecological Theory And International Relations, Dennis Pirages Oct 1997

Ecological Theory And International Relations, Dennis Pirages

Indiana Journal of Global Legal Studies

No abstract provided.


Global Responses: The Search For Cures In The Development Of Pharmaceuticals, Stuart R. Walker Oct 1997

Global Responses: The Search For Cures In The Development Of Pharmaceuticals, Stuart R. Walker

Indiana Journal of Global Legal Studies

In this article, Professor Stuart Walker examines several challenges that

will be faced by the global pharmaceutical industry in the near future. These

involve the question of improving the overall quality of life and care for

millions in an era of cost containment. In order to respond to the increasing

demands for advances in medicine while simultaneously retaining an

industrially strong, innovative, and resilient economy, responsibility for the

necessary changes will need to be shared among governments, the

pharmaceutical industry, and health care professionals.

In particular, four challenges faced by the global pharmaceutical industry

and their responses to each are ...


A View From Inside Industry: A Response To Professor Walker's Challenges, Allan J. Weinstein Oct 1997

A View From Inside Industry: A Response To Professor Walker's Challenges, Allan J. Weinstein

Indiana Journal of Global Legal Studies

No abstract provided.


Global Responsibilities: Ethics, Public Health, And Global Environmental Change, Dale Jamieson Oct 1997

Global Responsibilities: Ethics, Public Health, And Global Environmental Change, Dale Jamieson

Indiana Journal of Global Legal Studies

In this article, Professor Dale Jamieson examines the relationship between

climate change and public health from an ethical perspective. He begins by

exploring the link between global environmental change and public health and

concludes that global warming poses a serious potential threat to human

health. Professor Jamieson then questions why the potential health effects of

climate change have received so much attention when the other ramifications

of climate change have been left unaddressed He argues that the combination

of several factors has brought the issue of potential health effects to the

forefront of the climate change debate. One such factor ...


Global Environmental Change: Health And The Challenge For Human Rights, Satvinder Juss Oct 1997

Global Environmental Change: Health And The Challenge For Human Rights, Satvinder Juss

Indiana Journal of Global Legal Studies

No abstract provided.


Global Responsibilities And Bioethics: Reflections On The Council Of Europe's Bioethics Convention, Eibe Riedel Oct 1997

Global Responsibilities And Bioethics: Reflections On The Council Of Europe's Bioethics Convention, Eibe Riedel

Indiana Journal of Global Legal Studies

No abstract provided.


The Condom Crisis: An Application Of Feminist Legal Theory To Aids Prevention In African Women, Anne N. Arbuckle Apr 1996

The Condom Crisis: An Application Of Feminist Legal Theory To Aids Prevention In African Women, Anne N. Arbuckle

Indiana Journal of Global Legal Studies

No abstract provided.