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The Food And Drug Administration And The Pharmacy Profession: Partners To Ensure The Safety And Efficacy Of Pharmacogenomic Therapy, Jennifer E. Spreng 2010 University of Maryland Francis King Carey School of Law

The Food And Drug Administration And The Pharmacy Profession: Partners To Ensure The Safety And Efficacy Of Pharmacogenomic Therapy, Jennifer E. Spreng

Journal of Health Care Law and Policy

No abstract provided.


Failure Of Physicians To Prescribe Pharmacotherapies For Addiction: Regulatory Restrictions And Physician Resistance, Ellen M. Weber 2010 University of Maryland Francis King Carey School of Law

Failure Of Physicians To Prescribe Pharmacotherapies For Addiction: Regulatory Restrictions And Physician Resistance, Ellen M. Weber

Journal of Health Care Law and Policy

No abstract provided.


Multidisciplinary Representation Of Patients: The Potential For Ethical Issues And Professional Duty Conflicts In The Medical-Legal Partnership Model, Marcia M. Boumil, Debbie F. Freitas, Cristina F. Freitas 2010 University of Maryland Francis King Carey School of Law

Multidisciplinary Representation Of Patients: The Potential For Ethical Issues And Professional Duty Conflicts In The Medical-Legal Partnership Model, Marcia M. Boumil, Debbie F. Freitas, Cristina F. Freitas

Journal of Health Care Law and Policy

No abstract provided.


Will Americans Embrace Single-Payer Health Insurance: The Intractable Barriers Of Inertia, Free Market And Culture, Susan A. Channick 2010 California Western School of Law

Will Americans Embrace Single-Payer Health Insurance: The Intractable Barriers Of Inertia, Free Market And Culture, Susan A. Channick

Faculty Scholarship

In a country that prides itself on equality of opportunity, why is there so little equality when it comes to healthcare? Why does the value of equality of opportunity not translate into social solidarity? This Article seeks answers to these questions. Risking the label of socialist, I posit that the most cost-effective, efficacious, and efficient solution to the health care mess that the United States is in is universal single-payer reform with the federal government as that payer.

Part I examines the United States' current climate as it affects health care reform. In Part II, this Article scrutinizes recent state ...


Desperate Doctors And Antitrust Laws: The Best Ways For Lawmakers To Simulate Physician Collective Bargaining, Cristina Olson 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Desperate Doctors And Antitrust Laws: The Best Ways For Lawmakers To Simulate Physician Collective Bargaining, Cristina Olson

Nevada Law Journal

This Note will examine the legality of bills that open up physician collective bargaining—and what kind of provisions lawmakers should include to ensure legality and good policy. Given the current economic downturn, states must look for ways to make health insurance more affordable; a low-cost adjustment of collective bargaining rules may be a good solution. Such an adjustment would not be the only, or necessarily the best, solution to the healthcare cost crisis that exists in America, but it would be worthwhile for legislators to consider. Furthermore, if lawmakers craft legislation that puts state governments in charge of actively ...


Reduced Discretion In Corporate Governance As Applied To The Pharmaceutical Industry In Nevada, Timothy Koval 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Reduced Discretion In Corporate Governance As Applied To The Pharmaceutical Industry In Nevada, Timothy Koval

Nevada Law Journal

This Note focuses on an education-based alternative to promote effective interactions between pharmaceutical corporations and physicians that benefit patients while allowing these corporations to exercise business discretion. Specifically, educational programs that teach physicians how to interact with pharmaceutical corporations most effectively may maximize the benefits for all parties involved. Although many of the arguments presented may be extended to corporations that sell or market medical devices or appliances, their application in that context is beyond the scope of this Note. In Part II, this Note discusses the background of corporate decision-making and its application in the pharmaceutical industry in Nevada ...


Allowing Patients To Waive The Right To Sue For Medical Malpractice: A Response To Thaler And Sunstein, Tom Baker, Timothy D. Lytton 2010 University of Pennsylvania Law School

Allowing Patients To Waive The Right To Sue For Medical Malpractice: A Response To Thaler And Sunstein, Tom Baker, Timothy D. Lytton

Faculty Scholarship at Penn Law

This essay critically evaluates Richard Thaler and Cass Sunstein’s proposal to allow patients to prospectively waive their rights to bring a malpractice claim, presented in their recent, much acclaimed book, Nudge: Improving Decisions about Health, Wealth and Happiness. We show that the behavioral insights that undergird Nudge do not support the waiver proposal. In addition, we demonstrate that Thaler and Sunstein have not provided a persuasive cost-benefit justification for the proposal. Finally, we argue that their liberty-based defense of waivers rests on misleading analogies and polemical rhetoric that ignore the liberty and other interests served by patients’ tort law ...


Crossroads And Signposts: The Ada Amendments Act Of 2008, Jeannette Cox 2010 University of Dayton School of Law

Crossroads And Signposts: The Ada Amendments Act Of 2008, Jeannette Cox

Indiana Law Journal

Although the apparent purpose of the 2008 amendments to the Americans with Disabilities Act (ADA) is solely to broaden the ADA 's protected class, the manner in which the amendments achieve this purpose erodes the statute's explicit textual support for understanding persons with disabilities as a politically subordinated minority. The amendments also strengthen the statutory link between the biological severity of a person's disability and that person's right to sue for ADA accommodations. Accordingly, for some courts, the amendments will reinforce the perception that the ADA differs from traditional civil rights law.

Federal courts' understanding of the ...


What Parents Don't Know: Informed Consent, Marriage, And Genital-Normalizing Surgery On Intersex Children, Samantha S. Uslan 2010 Indiana University Maurer School of Law

What Parents Don't Know: Informed Consent, Marriage, And Genital-Normalizing Surgery On Intersex Children, Samantha S. Uslan

Indiana Law Journal

No abstract provided.


Variables Of Health Reform And Their Impacts On The Elderly., John D. Blum 2010 Loyola University Chicago

Variables Of Health Reform And Their Impacts On The Elderly., John D. Blum

Faculty Publications & Other Works

No abstract provided.


Bending The Arc, Emily Benfer 2010 Loyola University Chicago, School of Law

Bending The Arc, Emily Benfer

Faculty Publications & Other Works

No abstract provided.


The Quagmire Of Hospital Governance., John D. Blum 2010 Loyola University Chicago

The Quagmire Of Hospital Governance., John D. Blum

Faculty Publications & Other Works

No abstract provided.


Finding A New Regulatory Pathway For The Old Labyrinth Of Health Planning., John D. Blum 2010 Loyola University Chicago

Finding A New Regulatory Pathway For The Old Labyrinth Of Health Planning., John D. Blum

Faculty Publications & Other Works

No abstract provided.


Reproductive Organs And Differences Of Sex Development: The Constitutional Issues Created By The Surgical Treatment Of Intersex Children, Skylar Curtis 2010 University of the Pacific, McGeorge School of Law

Reproductive Organs And Differences Of Sex Development: The Constitutional Issues Created By The Surgical Treatment Of Intersex Children, Skylar Curtis

McGeorge Law Review

No abstract provided.


Cost Containment And The Patient Protection And Affordable Care Act, David Orentlicher 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Cost Containment And The Patient Protection And Affordable Care Act, David Orentlicher

Scholarly Works

In this article, Professor Orentlicher discusses the need for containing costs, as well as increasing access, for health case in the United States. He argues that for decades, the U.S. health care system has grappled with two key problems - inadequate access to coverage and increasingly unaffordable health care costs. During the debate that led to the enactment of the Patient Protection and Affordable Care Act, public officials recognized the need to address the problems of both access and cost, but in the end, the Act does far more about increasing access than it does about cutting costs. Professor Orentlicher ...


Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover 2010 University of Richmond

Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover

Richmond Journal of Law and the Public Interest

The Health Insurance Portability and Accountability Act of 1996 ("HIPAA ") governs the management of protected health information by covered entities (e.g., health care providers) and their business associates. However, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), contained within the American Recovery and Reinvestment Act of 2009 ("ARRA"), drastically alters the scope of HIPAA regulations with regard to business associates, including law firms that routinely handle the protected health information ("PHI") governed by HIPAA. Under the HITECH Act, the definition of "business associate" is expanded, and these entities are treated as "covered" for purposes of the ...


Medical Rights For Same-Sex Couples And Rainbow Families, Anisa Mohanty 2010 University of Richmond

Medical Rights For Same-Sex Couples And Rainbow Families, Anisa Mohanty

Richmond Journal of Law and the Public Interest

The present state of the law regarding medical rights for same-sex couples and their families is highly inconsistent. A handful of states permit same-sex marriage. Another handful of states recognize samesex marriages from other states, allow civil unions with state-level spousal rights for same-sex couples, or extend some or nearly all statelevel spousal rights to unmarried couples in domestic partnerships. With these widely disparate levels of recognition, it becomes difficult for same-sex couples to navigate their options and rights when a loved one-a partner or child-has a medical emergency or is in the hospital. In Part II, this Comment will ...


What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford 2010 University of Richmond

What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford

Richmond Journal of Law and the Public Interest

In March 1960, Clyde Shields, a machinist dying from incurable kidney disease, was connected to an "artificial kidney" by means of a Ushaped Teflon tube that came to be known as the Scribner shunt. By facilitating long-term dialysis, Dr. Belding Scriber's invention changed chronic kidney failure from a fatal illness to a treatable condition. A half-century after this milestone, there are now more than 1.6 million people throughout the world on maintenance dialysis. This medical advancement has, in turn, had a profound impact on key areas of health law and policy. This paper focuses on the historical roots ...


Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb 2010 University of Richmond

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Richmond Journal of Law and the Public Interest

Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health ...


Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan II, Karah L. Gunther 2010 University of Richmond

Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan Ii, Karah L. Gunther

Richmond Public Interest Law Review

In most every General Assembly session, there are those bills that while on the surface appear fairly innocuous-quickly take on a life of their own, generating an audible buzz in and around the General Assembly Building. The 2010 Virginia General Assembly session was no different. Amidst hallway discussions concerning the budget, gun rights, and abortion, one could also hear the distinct murmur of a completely novel topic: Lyme disease. Often associated with a small, pesky insect known as the black-legged tick, until this year, Lyme disease had not been the subject of any controversial legislation proposed in the Commonwealth of ...


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