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Articles 1 - 28 of 28

Full-Text Articles in Health Law and Policy

Tobacco Regulation Review, V. 4, No. 2, Dec. 2005 Dec 2005

Tobacco Regulation Review, V. 4, No. 2, Dec. 2005

Tobacco Regulation Review

No abstract provided.


The Role Of The Federal Government In Response To Catastrophic Health Emergencies: Lessons Learned From Hurricane Katrina, Michael Greenberger Oct 2005

The Role Of The Federal Government In Response To Catastrophic Health Emergencies: Lessons Learned From Hurricane Katrina, Michael Greenberger

Faculty Scholarship

In much of the recent thought devoted to the role of states in responding to catastrophic public health emergencies, as most clearly evidenced by the commentary surrounding the Centers for Disease Control and Prevention- sponsored Model State Emergency Health Powers Act (Model Act), there is a focus on state governments being viewed as the exclusive controlling governmental agent supervising the governmental response. Much of that thinking is premised on a view of limitations placed on Congress’ power to act in public health emergencies emanating from Commerce Clause restrictions in the Supreme Court decisions of U.S. v. Lopez, 514 U ...


When Should Judges Admit Or Compel Genetic Tests?, Diane E. Hoffmann, Karen H. Rothenberg Oct 2005

When Should Judges Admit Or Compel Genetic Tests?, Diane E. Hoffmann, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Fall 2005-Winter 2006 Oct 2005

Mid-Atlantic Ethics Committee Newsletter, Fall 2005-Winter 2006

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Law & Health Care Newsletter, V. 13, No. 1, Fall 2005 Sep 2005

Law & Health Care Newsletter, V. 13, No. 1, Fall 2005

Law & Health Care Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Summer 2005 Jul 2005

Mid-Atlantic Ethics Committee Newsletter, Summer 2005

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Dying In America - An Examination Of Policies That Deter Adequate End-Of-Life Care In Nursing Homes, Diane E. Hoffmann, Anita J. Tarzian Jun 2005

Dying In America - An Examination Of Policies That Deter Adequate End-Of-Life Care In Nursing Homes, Diane E. Hoffmann, Anita J. Tarzian

Faculty Scholarship

This article examines current health care policies and government practices that deter appropriate end-of-life care, focusing on the use of hospice services for dying nursing home patients. The authors conclude that hospice and nursing home regulations, reimbursement for hospice and nursing homes, and enforcement of the fraud and abuse rules collude to “chill” utilization of hospice by nursing homes and result in inadequate end-of-life care for many nursing home patients. They argue that these policies and practices have at their roots a number of questionable assumptions and call for a shift in existing paradigms affecting care to this group and ...


Tobacco Regulation Review, V. 4, No. 1, May 2005 May 2005

Tobacco Regulation Review, V. 4, No. 1, May 2005

Tobacco Regulation Review

No abstract provided.


Newsletter, Spring 2005 Apr 2005

Newsletter, Spring 2005

Newsletter

No abstract provided.


A New Kind Of "Outrageous Misconduct": Effects To Undermine The Law's Ability To Deter And Punish Intentional And Outrageous Corporate Behavior, Candace Howard Apr 2005

A New Kind Of "Outrageous Misconduct": Effects To Undermine The Law's Ability To Deter And Punish Intentional And Outrageous Corporate Behavior, Candace Howard

Student Articles and Papers

The current tort "reform" movement, if successful, will completely undermine our most effective tool for deterring outrageous corporate misconduct: the threat of punitive damages. Such "reform" would have a particularly egregious impact on the environment and public health because, due to a lack of enforcement and the undetectable nature of many pollutants, environmental offenses are often more difficult to deter than other types of offenses. The essay argues that, although rarely imposed for environmental offenses, punitive damages are especially vital in that arena because, when imposed, they are richly deserved. It concludes that, rather than tort reform, what we need ...


Mid-Atlantic Ethics Committee Newsletter, Spring 2005 Apr 2005

Mid-Atlantic Ethics Committee Newsletter, Spring 2005

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Law & Health Care Newsletter, V. 12, No. 2, Spring 2005 Apr 2005

Law & Health Care Newsletter, V. 12, No. 2, Spring 2005

Law & Health Care Newsletter

No abstract provided.


The 800 Pound Gorilla Sleeps: The Federal Government's Lackadaisical Liability And Compensation Policies In The Context Of Pre-Event Vaccine Immunization Programs, Michael Greenberger Jan 2005

The 800 Pound Gorilla Sleeps: The Federal Government's Lackadaisical Liability And Compensation Policies In The Context Of Pre-Event Vaccine Immunization Programs, Michael Greenberger

Journal of Health Care Law and Policy

No abstract provided.


Introduction: Use Of Patients For Teaching Purposes Without Their Knowledge Or Consent, Michelle Oberman Jan 2005

Introduction: Use Of Patients For Teaching Purposes Without Their Knowledge Or Consent, Michelle Oberman

Journal of Health Care Law and Policy

No abstract provided.


Teaching Without Harming The Living: Performing Minimally Invasive Procedures On The Newly Dead, Kenneth V. Iserson Jan 2005

Teaching Without Harming The Living: Performing Minimally Invasive Procedures On The Newly Dead, Kenneth V. Iserson

Journal of Health Care Law and Policy

No abstract provided.


Pelvic Examinations Under Anesthesia: An Important Teaching Tool, Jennifer Goedken Jan 2005

Pelvic Examinations Under Anesthesia: An Important Teaching Tool, Jennifer Goedken

Journal of Health Care Law and Policy

No abstract provided.


Autonomy Suspended: Using Female Patients To Teach Intimate Exams Without Their Knowledge Or Consent, Robin Fretwell Wilson Jan 2005

Autonomy Suspended: Using Female Patients To Teach Intimate Exams Without Their Knowledge Or Consent, Robin Fretwell Wilson

Journal of Health Care Law and Policy

No abstract provided.


Research Involving Children: Regulations, Review Board, And Reform, Rupali Gandhi Jan 2005

Research Involving Children: Regulations, Review Board, And Reform, Rupali Gandhi

Journal of Health Care Law and Policy

No abstract provided.


Do Pregnant Women Have (Living) Will?, Daniel Sperling Jan 2005

Do Pregnant Women Have (Living) Will?, Daniel Sperling

Journal of Health Care Law and Policy

No abstract provided.


Big Tobacco And Hollywood: Kicking The Habit Of Product Placement And On-Screen Smoking, Matthew S. Fuchs Jan 2005

Big Tobacco And Hollywood: Kicking The Habit Of Product Placement And On-Screen Smoking, Matthew S. Fuchs

Journal of Health Care Law and Policy

No abstract provided.


Faster, Higher, Stronger? Federal Efforts To Criminalize Anabolic Steroids And Steroid Precursors, Adrian Wilairat Jan 2005

Faster, Higher, Stronger? Federal Efforts To Criminalize Anabolic Steroids And Steroid Precursors, Adrian Wilairat

Journal of Health Care Law and Policy

No abstract provided.


Old Legacies And New Paradigms: Confusing "Research" And "Treatment" And Its Consequences In Responding To Emergent Health Threats, Gail H. Javitt Jan 2005

Old Legacies And New Paradigms: Confusing "Research" And "Treatment" And Its Consequences In Responding To Emergent Health Threats, Gail H. Javitt

Journal of Health Care Law and Policy

No abstract provided.


Informed Consent And Public Health: Are They Compatible When It Comes To Vaccines?, Wendy E. Parmet Jan 2005

Informed Consent And Public Health: Are They Compatible When It Comes To Vaccines?, Wendy E. Parmet

Journal of Health Care Law and Policy

No abstract provided.


Inoculation Inventions: The Interplay Of Infringement And Immunity In The Development Of Biodefense Vaccines, Cynthia M. Ho Jan 2005

Inoculation Inventions: The Interplay Of Infringement And Immunity In The Development Of Biodefense Vaccines, Cynthia M. Ho

Journal of Health Care Law and Policy

No abstract provided.


Introduction, Melanie Santiago Jan 2005

Introduction, Melanie Santiago

Journal of Health Care Law and Policy

No abstract provided.


Some Right Jabs And Back In The Ring: Lessons Learned From The Phase I Civilian Smallpox Program, Elin Gursky, Avani Parikh Jan 2005

Some Right Jabs And Back In The Ring: Lessons Learned From The Phase I Civilian Smallpox Program, Elin Gursky, Avani Parikh

Journal of Health Care Law and Policy

No abstract provided.


Liberty Or Death: Maryland Improves Upon The Model State Emergency Health Powers Act, Franklin H. Alden Jr. Jan 2005

Liberty Or Death: Maryland Improves Upon The Model State Emergency Health Powers Act, Franklin H. Alden Jr.

Journal of Health Care Law and Policy

No abstract provided.


The 800 Pound Gorilla Sleeps: The Federal Government's Lackadaisical Liability And Compensation Policies In The Context Of Pre-Event Vaccine Immunization Programs, Michael Greenberger Jan 2005

The 800 Pound Gorilla Sleeps: The Federal Government's Lackadaisical Liability And Compensation Policies In The Context Of Pre-Event Vaccine Immunization Programs, Michael Greenberger

Faculty Scholarship

On July 21, 2004, President Bush signed the Project Bioshield Act, which authorizes the spending of $5.6 billion to advance the development and acquisition of vaccines and other countermeasures to biological agents. While the funding and progress are welcome signs for our national biodefense strategy, the failure of the federal Phase I smallpox vaccination program demonstrated that other serious obstacles remain to the implementation of a successful pre-event vaccine immunization program. Specifically, as demonstrated by a field study of several states' health departments, performed at the ANSER Institute for Homeland Security, the federal government's inability to provide both ...