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Health Law

Health Law Prof Blog

Health law resources, information, and news for the academic community.

Post Frequency: 12.8/day

Last Entry: April 01, 2011 at 15:38:27

William M. Sage: "Brand New Law! The Need to Market Health Care Reform"

Posted on March 16, 2011
William M. Sage, Vice Provost and Professor at the University of Texas at Austin School of Law, posted "Brand New Law! The Need to Market Health Care Reform" on SSRN: The most serious problem with the Patient Protection and Affordable...

Amy D. Ronner: "When Courts Let Insane Delusions Pass the Rational Basis Test: The Newest Challenge to Florida's Exclusion of Homosexuals from Adoption"

Posted on March 15, 2011
Amy D. Ronner, Professor of Law at St. Thomas University School of Law, has posted her article entitled "When Courts Let Insane Delusions Pass the Rational Basis Test: The Newest Challenge to Florida's Exclusion of Homosexuals from Adoption" on SSRN:...

Alberto Alemanno & Enrico Bonadio: "Do You Mind My Smoking? Plain Packaging of Cigarettes Under the WTO TRIPS Agreement"

Posted on March 14, 2011
Alberto Alemanno and Enrico Bonadio posted "Do You Mind My Smoking? Plain Packaging of Cigarettes Under the WTO TRIPS Agreement" on SSRN: Plain packaging, a new tobacco control tool that is currently being considered by a growing number of countries,...

Lucy Budd, Morag Bell & Adam Warren: "Global Health Governance in the UK: Airport Regulation and the Mobile Body"

Posted on March 14, 2011
Lucy Budd, Morag Bell, and Adam Warren have posted "Global Health Governance in the UK: Airport Regulation and the Mobile Body" on SSRN: This paper contributes to ongoing debates surrounding the governance and security of global mobility regimes through a...

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Book Review: After We Die: The Life and Times of the Human Cadaver, by Norman Cantor

Posted on March 14, 2011
Kathy Cerminara from Nova Southeastern University?s Shepard Broad Law Center recently posted a book review on SSRN that could interest many of the people reading this blog. The review discusses and recommends a highly readable, humorous, and yet thought-provoking book...

Upcoming Action in Health Care Law

Posted on March 14, 2011
With federal district courts disagreeing on the constitutionality of the individual mandate to purchase health care coverage, appellate review will be closely watched. On May 10th, the U.S. Court of Appeals for the Fourth Circuit will hear oral arguments in...

Ian Brown, Lindsey Brown & Douwe Korff: "Using NHS Patient Data for Research Without Consent"

Posted on March 13, 2011
Ian Brown, Lindsey Brown & Douwe Korff posted "Using NHS Patient Data for Research Without Consent" on SSRN: This article analyses the legality of the use of electronic patient records in the NHS for research without explicit patient consent under...

William P. Warburton, Rebecca Warburton, Arthur Sweetman & Clyde Hertzman: "The Impact of Placing Adolescent Males into Foster Care on Their Education, Income Assistance and Incarcerations"

Posted on March 13, 2011
William P. Warburton, Rebecca Warburton, Arthur Sweetman & Clyde Hertzman posted "The Impact of Placing Adolescent Males into Foster Care on Their Education, Income Assistance and Incarcerations" on SSRN: Understanding the causal impacts of taking youth on the margins of...

Lynn A. Karoly: "Toward Standardization of Benefit-Cost Analyses of Early Childhood Interventions"

Posted on March 13, 2011
Lynn A. Karoly, Director of Office of Research Quality Assurance, posted "Toward Standardization of Benefit-Cost Analyses of Early Childhood Interventions" on SSRN: A growing body of benefit-cost analyses (BCAs) of early childhood programs has been prompted by the increased demand...

Why Narratives Do (and Should) Matter in Bioethics

Posted on March 11, 2011
There is a fascinating recent decision from the Indian Supreme Court on the Shanbaug case, regarding a woman who has been in a persistent vegetative state (PVS) for over 37 years. A petitioner who had written a book on Shanbaug...

Medical-Legal Literature 2010-2011: Top Ten Hits

Posted on March 11, 2011
From Marshall B. Kapp (FSU), Medical-Legal Literature 2010-2011: Top Ten Hits [*OK, so I lied.], presented at the ACLM Annual Meeting, February 26, 2011 Kathryn Zeiler, Medical Malpractice Liability Crisis or Patient Compensation Crisis?, 59 DePaul L...

Worth Reading This Week

Posted on March 11, 2011
Gaia Bernstein, Direct-to-Consumer Genetic Testing: Gatekeeping the Production of Genetic Information, SSRN/UMKC L.Rev. Frank Pasquale, Restoring Transparency to Automated Authority, SSRN/Journal on Telecommunications and High Technology Law Benjamin M...

The Massachusetts Laboratory

Posted on March 11, 2011
As the GOP Presidential contenders begin to jostle for cable news coverage, the presence of a certain ex-governor of Massachusetts has given the White House something to smile about. As reported by Politico, former senior adviser David Axelrod has been...

Dayna B. Royal: "The Skinny on the Federal Menu-Labeling Law & Why it Should Survive a First Amendment Challenge"

Posted on March 09, 2011
Dayna B. Royal, Assistant Professor of Law at Cumberland School of Law, posted "The Skinny on the Federal Menu-Labeling Law & Why it Should Survive a First Amendment Challenge" on SSRN: In America?s battle of the bulge, the bulge is...

Sigrid Fry-Revere, Thomas Andrew Reher & Matthew Ray: "Death: A New Legal Perspective"

Posted on March 09, 2011
Sigrid Fry-Revere, Thomas Andrew Reher and Matthew Ray of the Center for Ethical Solutions (CES) posted "Death: A New Legal Perspective" on SSRN: Throughout the ages the definition of death has been fairly static and at the same time very...

Adam J. Kolber: "Alternative Burdens on Freedom of Conscience"

Posted on March 09, 2011
Adam J. Kolber, Professor of Law at Brooklyn Law School posted "Alternative Burdens on Freedom of Conscience" on SSRN: We sometimes exempt people from generally applicable laws when compliance would violate their rights of conscience. In ?The Significance of Conscience,?...

The Battle over Embryos

Posted on March 08, 2011
Both in vitro fertilization and Human Embryonic stem cell (hESC) research involve the destruction of human embryos about five or six days after conception. Yet the public seems to view the two activities very differently. Stem cell research still engenders...

Introducing Jennifer S. Bard as the First Guest In Our New Guest Blogger Series

Posted on March 08, 2011
It gives me great pleasure to introduce Jennifer S. Bard as our first guest in our Guest Blogger Series. Jennifer will be posting once a week for the month of March. Jennifer S. Bard is the Alvin R. Allison Professor...

Climate Change, Health, and Frustration

Posted on March 08, 2011
Three recently released scientific reports funded by the National Oceanographic and Atmospheric Administration (NOAA) demonstrate how climate change could increase human-health risks originating from ocean, coastal, and Great Lakes ecosystems. They are summarized on the National Ocean Service website...

Can Don Berwick Survive?

Posted on March 07, 2011
Being an "iconoclastic scholar of health policy" as Dr. Donald Berwick was described by the Times upon his recess appointment to CMS, here, will tend to get you noticed notwithstanding White House attempts to fly him under the radar as...

To the Young Go the Kidneys?

Posted on March 07, 2011
In a new concepts paper, the United Network for Organ Sharing has requested comments on potential modifications in the system for allocating kidneys among those waiting for a transplant. The modifications would give greater priority to young, healthy patients with...

EHRs: Another Progress Report

Posted on March 06, 2011
Is there room for doom and gloom with regard to the government's ARRA-subsidized electronic health records initiative? We know Dr. Blumenthal is leaving ONC and returning to Harvard and there is already speculation, here, as to the type of replacement...

The Next Battleground? Pharmacy Choice

Posted on March 04, 2011
From the New York Times today, Pharmacists Fight the Rise of Mail Order discussing proposed legislation urged by retail and community pharmacists as health plans increasingly penalize patients who fail to use PBM mail order fulfillment. "The proposed legislation ...

Worth Reading This Week

Posted on March 04, 2011
Joshua Sarnoff, Patent Eligible Medical and Biotechnology Inventions after Bilski, Prometheus, and Myriad, SSRN Richard Bonnie, Responsibility for Addiction, SSRN Scott Burris, From Health Care Law to the Social Determinants of Health: A Public Health Law Research Perspective, U...

A Hollywood Ending for Pharma?

Posted on March 03, 2011
There is an interesting article at Xconomy San Diego on the growing tensions between venture capitalists, biotech startups, and pharmaceutical companies. Many entrepreneurs feel like they?re getting a raw deal from big pharma firms. One source alleges that dealmakers are...

Health Effects of Gulf Oil Spill Concerns Task Force

Posted on March 02, 2011
The Gulf Coast Ecosystem Restoration Task Force is conducting hearings throughout the Gulf region to gather public and stakeholder input into its Gulf of Mexico Regional Ecosystem Strategy, due for completion on October 4, 2011. To judge by the meeting...

Position Opening: Assistant/Associate Professor of Law and Health Policy

Posted on March 02, 2011
Columbia University, Mailman School of Public Health, Department of Health Policy and Management, Announces Opening for an Assistant/Associate Professor of Law and Health Policy The Department of Health Policy and Management at the Mailman School of Public Health at Columbia...

I Cannot Recommend Him/Her Highly Enough

Posted on February 25, 2011
Is it reference-writing season where you are? Before putting pen to paper consider a couple of prime physician reference cases. New out of the blocks is Chi v. Loyola University Medical Center, N.D. Ill., 2/16/11, available here. An oncology resident...

Worth Reading This Week

Posted on February 25, 2011
Taunya Lovell Banks, Funding Race as Biology: The Relevance of ?Race? in Medical Research, SSRN/Minn. J. L. Sci & Tech. Bill Sage, Brand New Law! The Need to Market Health Care Reform, U. Pa L.Rev. /SSRN Tom Baker, Health Insurance,...

From Viral Marketing to Medical Profile Contagion

Posted on February 24, 2011
As ACA implementation lumbers ahead, and challenges to it slouch toward the Supremes, the U.S. health care system's arbitrary old ways continue to mystify and frustrate. Consider this story on one person's quest to obtain insurance: Most employees assume that...

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