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Health Law and Policy Commons

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Articles 1 - 14 of 14

Full-Text Articles in Health Law and Policy

Opting Into Device Regulation In The Face Of Uncertain Patentability, Rebecca S. Eisenberg Jan 2019

Opting Into Device Regulation In The Face Of Uncertain Patentability, Rebecca S. Eisenberg

Marquette Intellectual Property Law Review

This article examines the intersection of patent law, FDA regulation, and Medicare coverage in a particularly promising field of biomedical innovation: genetic diagnostic testing. First, I will discuss current clinical uses of genetic testing and directions for further research, with a focus on cancer, the field in which genetic testing has had the greatest impact to date. Second, I will turn to patent law and address two recent Supreme Court decisions that called into question the patentability of many of the most important advances in genetic testing. Third, I will step outside patent law to take a broader view of ...


Wrongful Birth; Preconception Torts; Duty To Inform Of Genetic Risks; Becker V. Schwartz, Gail White Sweeney Jul 2015

Wrongful Birth; Preconception Torts; Duty To Inform Of Genetic Risks; Becker V. Schwartz, Gail White Sweeney

Akron Law Review

Both pairs of parents sued on their own behalfs for (1) the expenses incurred in the care and treatment of the infants and for (2) the mental distress caused them by the birth of a defective child. They also sought damages on behalf of the children for (3) wrongful life. The Court of Appeals acknowledged the first claim as valid, but dismissed the second and third. It dismissed the claims for damages for emotional distress on the precedent of its 1977 decision in Howard v. Lecher and upon the difficulty of ascertaining the value of mitigated damages prescribed by Restatement ...


Judging Genes: Implications Of The Second Generation Of Genetic Tests Inthe Courtroom, Diane E. Hoffmann, Karen H. Rothenberg Jan 2007

Judging Genes: Implications Of The Second Generation Of Genetic Tests Inthe Courtroom, Diane E. Hoffmann, Karen H. Rothenberg

Maryland Law Review

No abstract provided.


Note: Exclusive Licensing Of Dna Diagnostics: Is There A Negative Effect On Quantity And Quality Of Healthcare Delivery That Compels Nih Rulemaking?, Edward Weck Jan 2005

Note: Exclusive Licensing Of Dna Diagnostics: Is There A Negative Effect On Quantity And Quality Of Healthcare Delivery That Compels Nih Rulemaking?, Edward Weck

William Mitchell Law Review

This comment surveys the costs of deoxyribonucleic acid (DNA) diagnostic tests and argues in favor of non-exclusive licensing as a means to provide broad access to affordable DNA diagnostic testing. Part II provides background information on genetic testing, patenting genes as applied to genetic testing, the Bayh-Dole Act, and technology transfer. In addition, Part II summarizes academic commentary regarding the implications of exclusive licensing for biotechnology. Scholars propose a number of solutions, including expanding the experimental use exception. Part III details proposed rulemaking for DNA diagnostics. Part IV reviews anecdotal examples of genetic testing for breast cancer, hereditary hemochromatosis, and ...


Reproductive Genetics 1991-2002: A Selected Annotated Legal Bibliography Of Genetic Testing, Gene Transfer And Reproductive Cloning, Gail H. Javitt Jan 2003

Reproductive Genetics 1991-2002: A Selected Annotated Legal Bibliography Of Genetic Testing, Gene Transfer And Reproductive Cloning, Gail H. Javitt

Journal of Health Care Law and Policy

No abstract provided.


Index To The Bibliography Jan 2003

Index To The Bibliography

Journal of Health Care Law and Policy

No abstract provided.


Your Dna Is Your Resume: How Inadequate Protection Of Genetic Information Perpetuates Employment Discrimination Apr 2001

Your Dna Is Your Resume: How Inadequate Protection Of Genetic Information Perpetuates Employment Discrimination

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


A Conceptual Framework For Genetic Policy: Comparing The Medical, Public Health, And Fundamental Rights Models, Lori B. Andrews Jan 2001

A Conceptual Framework For Genetic Policy: Comparing The Medical, Public Health, And Fundamental Rights Models, Lori B. Andrews

Washington University Law Review

This Article presents the first attempt to develop a comprehensive legal framework governing the regulation of genetic information in the United States. Part II addresses the need for such legal framework. Part III analyzes three conceptual legal models that have been adopted in the past for regulating medical services: the medical model, the public health model, and the fundamental rights model. Part IV examines the results of medical and social scientific studies on the impact of genetic services. Part V addresses the impact of genetic services. Part VI revisits the three models to determine which is appropriate for genetics. Part ...


Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider Jan 2000

Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider

Journal of Health Care Law and Policy

No abstract provided.


Searching For The Holy Grail: The Human Genome Project And Its Implications , Allison Morse Jan 1999

Searching For The Holy Grail: The Human Genome Project And Its Implications , Allison Morse

Journal of Law and Health

This Paper will explore the ethical considerations of the reductionist paradigm that the Human Genome Project represents, and analyze how this paradigm affects our political institutions, our family relationships, and even our identity. Part Two will provide the scientific background for a discussion of the Human Genome Project. It will begin by defining two competing theoretical constructs scientists use when exploring biological phenomenon: reductionism and organism. This Part will then offer a rudimentary explanation of how genes function. Yet even this rudimentary explanation illustrates the complexity involved in the functioning of genes, leaving the reductionist notions of genes as the ...


Family Disclosure In Genetic Testing For Cancer Susceptibility: Determinants And Consequences, Caryn Lerman, Beth N. Peshkin, Chanita Hughes, Claudine Isaacs Jan 1998

Family Disclosure In Genetic Testing For Cancer Susceptibility: Determinants And Consequences, Caryn Lerman, Beth N. Peshkin, Chanita Hughes, Claudine Isaacs

Journal of Health Care Law and Policy

No abstract provided.


What Should The Law Say About Disclosure Of Genetic Information To Relatives?, Ellen Wright Clayton Jan 1998

What Should The Law Say About Disclosure Of Genetic Information To Relatives?, Ellen Wright Clayton

Journal of Health Care Law and Policy

No abstract provided.


Ethical Responsibilities Of Patients And Clinical Geneticists, Allen Buchanan Jan 1998

Ethical Responsibilities Of Patients And Clinical Geneticists, Allen Buchanan

Journal of Health Care Law and Policy

No abstract provided.


The Argument Against A Physician's Duty To Warn For Genetic Diseases: The Conflicts Created By Safer V. Estate Of Pack, Angela Liang Jan 1998

The Argument Against A Physician's Duty To Warn For Genetic Diseases: The Conflicts Created By Safer V. Estate Of Pack, Angela Liang

Journal of Health Care Law and Policy

No abstract provided.