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Health Law and Policy Commons

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Washington University Law Review

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Full-Text Articles in Health Law and Policy

The Public's Right To Health: When Patient Rights Threaten The Commons, Elizabeth Weeks Leonard Jan 2009

The Public's Right To Health: When Patient Rights Threaten The Commons, Elizabeth Weeks Leonard

Washington University Law Review

This Article offers a contemporary examination of traditional public health objectives to address social problems not amenable to individual resolution. Taking the tradition a step further, it defines a “public health right” that may justify certain government actions that otherwise appear to impair individual rights. For example, lawmakers are considering whether current regulations on prescription drugs should be loosened to allow terminally ill patients to access drugs before they have been tested and approved for the general public. This Article concludes that expanding access to experimental drugs would violate the public health right to scientific knowledge and new drug development ...


Aids And The Blood Supply: An Analysis Of Law, Regulation, And Public Policy, Steven R. Salbu Jan 1996

Aids And The Blood Supply: An Analysis Of Law, Regulation, And Public Policy, Steven R. Salbu

Washington University Law Review

Acquired Immune Deficiency Syndrome ("AIDS") is among the greatest challenges to modem epidemiology. As the number of diagnosed cases and predicted future infections mounts, the need to stem the transmission of the Human Immunodeficiency Virus ("HIV") becomes an increasingly crucial public health issue. Since scientists first diagnosed AIDS and began to understand its viral source in the early 1980s, lawmakers and policymakers have sought responses to eliminate or retard the spread of HIV. As the quest for a vaccination or a cure has proven frustratingly elusive, managing AIDS in the short term has come to depend largely on measures that ...