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Health Law and Policy Commons

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2005

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Institution
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Articles 271 - 279 of 279

Full-Text Articles in Health Law and Policy

Law's Nobility, Robin West Jan 2005

Law's Nobility, Robin West

Georgetown Law Faculty Publications and Other Works

This article first aims to set out the feminist theory of Catharine MacKinnon as explicitly as possible and in a way that accounts for its incredible power. To strengthen MacKinnon's theoretical project, the article proposes some modifications to the original that are drawn from, in part, the critiques of queer theorists. The crucial departure proposed here concerns MacKinnon's "critique of desire," which in my view is deeply mistaken. Rather than distrusting the sexual desires of women as hopelessly polluted by subordination, we should be neutral -- neither critical nor confident -- regarding the degree to which our desires, if fulfilled ...


Va Improved Pension Benefits And Medicaid Budgeting, Anthony H. Szczygiel Jan 2005

Va Improved Pension Benefits And Medicaid Budgeting, Anthony H. Szczygiel

Journal Articles

No abstract provided.


Building Healthy Cities: Legal Frameworks And Considerations, Wendy Collins Perdue Jan 2005

Building Healthy Cities: Legal Frameworks And Considerations, Wendy Collins Perdue

Law Faculty Publications

This chapter will explore the range of laws and government policies that have shaped the physical structure of U.S. cities and thereby impacted the health of those cities' residents. This analysis will highlight the many, apparently "private" decisions that have been impacted by government policies. Though some of the laws, policies, prohibitions, and incentives have been formulated explicitly to take into account health considerations, others have unintended effects - both good and bad - on the health of urban populations.


A Legal Framework For Preventing Cardiovascular Diseases, Wendy Collins Perdue Jan 2005

A Legal Framework For Preventing Cardiovascular Diseases, Wendy Collins Perdue

Law Faculty Publications

Cardiovascular diseases are major contributors to death, disability, disparities, and reduced quality of life in the United States. Successful prevention and control of these diseases requires a comprehensive approach applied across multiple public health settings and in all life stages. Individual lifestyle and behavior change, as well as the broader social, environmental, and policy changes that enable healthy lifestyles, are necessary. Legal strategies can be powerful tools in this endeavor. This review presents seven such strategies applicable at the federal, state, and local levels that can be employed by healthcare providers, public health practitioners, legislators, and other policymakers. They include ...


Pharmaceutical Arbitrage: Balancing Access And Innovation In International Prescription Drug Markets, Kevin Outterson Jan 2005

Pharmaceutical Arbitrage: Balancing Access And Innovation In International Prescription Drug Markets, Kevin Outterson

Faculty Scholarship

While neoclassical economic theory suggests that arbitrage will undermine global differential pricing of pharmaceuticals, the empirical results are more complex. Pharmaceutical regulation, IP laws, global trade agreements, and company policies support differential pricing despite the pressure of arbitrage. For essential access programs in particular, the theoretical threat of pharmaceutical arbitrage is shown to be rarely observed empirically. Counterfeiting is demonstrated to be the more serious threat. These conclusions call for changes in the U.S. PEPFAR program for AIDS and in the implementation of the WTO TRIPS Agreement.

A more fundamental question, however, is whether pharmaceutical differential pricing is appropriate ...


Detention Reform And Girls: Challenges And Solutions: Jdai Pathways To Juvenile Detention Reform #13, Francine Sherman Dec 2004

Detention Reform And Girls: Challenges And Solutions: Jdai Pathways To Juvenile Detention Reform #13, Francine Sherman

Francine T. Sherman

This report is part of the Annie E. Casey Foundation Juvenile Detention Alternatives Initiative (JDAI) Pathways to Detention Reform Series. It describes the urgent need for juvenile justice systems to focus on their female populations and presents an overview of the pathways girls take into detention in the United States with a focus on justice system policies and practices that lead to unnecessary and disproportionate detention of girls. It then identifies promising policies, practices, and gender-responsive approaches drawn from JDAI sites, which can reduce girls’ detention and improve their outcomes. The report concludes with systemic strategies to eliminate gender bias ...


The Price Of Palliative Care: Toward A Complete Accounting Of Costs And Benefits (With D. Dranove Et Al.), Alexander Boni-Saenz Dec 2004

The Price Of Palliative Care: Toward A Complete Accounting Of Costs And Benefits (With D. Dranove Et Al.), Alexander Boni-Saenz

Alexander Boni-Saenz

The costs and benefits of hospice and palliative care have recently received attention for many compelling reasons. First, the cost of medical care over a lifetime is largely expended near the end-of-life. The impending demographic bulge of aging baby boomers will only heighten concerns about costs. Second, hospice and palliative care have been offered as potential vehicles for reducing late-in-life spending. Third, palliative care has gained legitimacy as a distinct medical specialty, having as it does a characteristic philosophy, specialized skill sets, and specific service delivery needs. This philosophy of care is consistent with and, to some degree, builds on ...


Medical Error As Reportable Event, As Tort, As Crime: A Transpacific Comparison, Robert B. Leflar, Futoshi Iwata Dec 2004

Medical Error As Reportable Event, As Tort, As Crime: A Transpacific Comparison, Robert B. Leflar, Futoshi Iwata

Robert B Leflar

All nations seek to reduce the human toll from medical error, but variations in legal and institutional structures guide those efforts into different trajectories. This article compares legal and institutional responses to patient safety problems in the United States and Japan, addressing developments in civil malpractice law (including discoverability of internal hospital documents), administrative practice (including medical accident reporting systems), and - of particular significance in Japan - criminal law. In the U.S., battles over rules of malpractice litigation are fierce; tort law occupies center stage. The hospital accreditation process plays a critical role in medical quality control, and peer review ...


Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff Dec 2004

Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff

Ray D. Madoff

What is the role of autonomy in end-of-life decision making? As a law professor specializing in this field I thought I knew the answer. As a family member facing end-of-life decisions of a loved one, I learned firsthand of the gulf between law and life.