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American Journal of Law & Medicine

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https://www.readbyqxmd.com/read/27263268/increasing-recognition-of-risk-of-harm-as-an-injury-sufficient-to-warrant-standing-in-class-action-medical-data-breach-cases-walker-v-boston-medical-center-corp
#1
https://www.readbyqxmd.com/read/27263267/quieting-speech-establishing-a-buffer-zone-around-reproductive-freedom
#2
Victoria Reines
No abstract text is available yet for this article.
2016: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/27263266/drive-by-doctoring-contractual-issues-and-regulatory-solutions-to-increase-patient-protection-from-surprise-medical-bills
#3
Daryl M Berke
No abstract text is available yet for this article.
2016: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/27263265/bartering-for-a-compatible-kidney-using-your-incompatible-live-kidney-donor-legal-and-ethical-issues-related-to-kidney-chains
#4
Evelyn M Tenenbaum
Kidney chains are a recent and novel method of increasing the number of available kidneys for transplantation and have the potential to save thousands of lives. However, because they are novel, kidney chains do not fit neatly within existing legal and ethicalframeworks, raising potential barriers to their full implementation. Kidney chains are an extension of paired kidney donation, which began in the United States in 2000. Paired kidney donations allow kidney patients with willing, but incompatible, donors to swap donors to increase the number of donor/recipient pairs and consequently, the number of transplants...
2016: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/27263264/mandating-disclosure-of-conscience-based-limitations-on-medical-practice
#5
Nadia N Sawicki
Stakeholders in law, medicine, and religion are unable to reach consensus about how best to address conflicts between healthcare providers' conscientious objections to treatment and patients' rights to access medical care. Conscience laws that protect objecting providers and institutions from liability are criticized as too broad by patient advocates and as too narrow by defenders of religious freedom. This Article posits that some of the tension between these stakeholders could be mitigated by statutory recognition of a duty on the part of healthcare institutions or providers to disclose conscientiously motivated limitations on practice...
2016: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/27263263/stopping-deceptive-health-claims-the-need-for-a-private-right-of-action-under-federal-law
#6
Diane Hoffmann, Jack Schwartz
This Article offers a thorough analysis of an important public health issue, namely how to confront the growing problem of deceptive claims regarding foods and dietary supplements, including increasingly prevalent but unverifiable claims. The authors call for the creation of a limited private right of action under the Federal Trade Commission (FTC) Act for deceptive health-related claims for these products. The proposal responds to the growing market for these products and the inadequacy of current laws and enforcement actions to prevent such claims...
2016: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/27263262/between-a-rock-and-a-hard-place-can-physicians-prescribe-opioids-to-treat-pain-adequately-while-avoiding-legal-sanction
#7
Kelly K Dineen, James M DuBois
Prescription opioids are an important tool for physicians in treating pain but also carry significant risks of harm when prescribed inappropriately or misused by patients or others. Recent increases in opioid-related morbidity and mortality has reignited scrutiny of prescribing practices by law enforcement, regulatory agencies, and state medical boards. At the same time, the predominant 4D model of misprescribers is outdated and insufficient; it groups physician misprescribers as dated, duped, disabled, or dishonest...
2016: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/26863852/the-health-of-ebay-the-impact-of-ebay-on-the-future-of-trips-like-pharmaceutical-compulsory-licenses-in-the-united-states
#8
Jack Brodsky
No abstract text is available yet for this article.
2015: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/26863851/-since-i-must-please-those-below-human-skeletal-remains-research-and-the-law
#9
Thomas D Holland
The ethics of non-invasive scientific research on human skeletal remains are poorly articulated and lack a single, definitive analogue in western law. Laws governing invasive research on human fleshed remains, as well as bio-ethical principles established for research on living subjects, provide effective models for the establishment of ethical guidelines for non-invasive research on human skeletal remains. Specifically, non-invasive analysis of human remains is permissible provided that the analysis and collection of resulting data (1) are accomplished with respect for the dignity of the individual, (2) do not violate the last-known desire of the deceased, (3) do not adversely impact the right of the next of kin to perform a ceremonious and decent disposal of the remains, and (4) do not unduly or maliciously violate the privacy interests of the next of kin...
2015: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/26863850/reconceptualizing-consent-for-direct-to-consumer-health-services
#10
Kayte Spector-Bagdady
The market for direct-to-consumer (DTC) health services continues to grow rapidly with former patients converting to customers for the opportunity to purchase varied diagnostic tests without the involvement of their clinician. For the first time a DTC genetic testing company is advertising health-related reports "that meet [Food and Drug Administration] standards for being clinically and scientifically valid." Ethicists and regulatory agencies alike have recognized the need for a more informed transaction in the DTC context, but how should we classify a commercial transaction for something normally protected by a duty of care? How can we assure informed agreements in an industry with terms and conditions as varied as the services performed? The doctrine of "informed consent" began as an ethical construct building on the promise of beneficence in the clinical relationship and elevating the principle of autonomy--but in the DTC context should we hold providers to legal standards of informed consent and associated medical malpractice liability, or contractual obligations where consumers would seek remedy for breach? This Article analyzes the fine balance that must be struck in an industry where companies are selling services for entertainment or non-medical purposes that possess the capacity to produce serious and disquieting medical information...
2015: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/26863849/limiting-occupational-medical-evaluations-under-the-americans-with-disabilities-act-and-the-genetic-information-nondiscrimination-act
#11
Mark A Rothstein, Jessica Roberts, Tee L Guidotti
Although medical care delivery by one's personal physician is the paradigmatic American healthcare arrangement, in the workplace setting, many Americans undergo medical evaluations to assess their fitness for duty or degree of impairment. This Article explores the complex and evolving legal status of occupational medical evaluations. Beginning with the legal and ethical frameworks of occupational medical practice, the Article then examines the effects of increasingly detailed legal regulation under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act on employees, employers, and physicians...
2015: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/26591830/repositioning-generics-the-comparative-value-of-liability-in-fda-s-proposed-rule-on-labeling
#12
Nicholas Falcone
No abstract text is available yet for this article.
2015: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/26591829/if-fda-does-not-regulate-food-who-will-a-study-of-hormones-and-antibiotics-in-meat-production
#13
Christine Donovan
No abstract text is available yet for this article.
2015: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/26591828/whole-foods-the-fsma-and-the-challenges-of-defragmenting-food-safety-regulation
#14
Stephanie Tai
No abstract text is available yet for this article.
2015: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/26591827/a-coordinated-approach-to-food-safety-and-land-use-law-at-the-urban-fringe
#15
Stephen R Miller
Much has been written about the rise of the local food movement in urban and suburban areas. This essay tackles an emerging outgrowth of that movement: the growing desire of urban and suburban dwellers to engage rural areas where food is produced not only to obtain food but also as a means of tourism and cultural activity. This represents a potentially much-needed means of economic development for rural areas and small farmers who are increasingly dependent on non-farm income for survival. The problem, however, is that food safety and land use laws struggle to keep up with these changes, waffling between over-regulation and de-regulation...
2015: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/26591826/the-codex-alimentarius-commission-corporate-influence-and-international-trade-a-perspective-on-fda-s-global-role
#16
Sam F Halabi
No abstract text is available yet for this article.
2015: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/26591825/the-food-safety-modernization-act-implications-for-u-s-small-scale-farms
#17
Kathryn A Boys, Michael Ollinger, Leon L Geyer
The Food Safety Modernization Act (FSMA) reforms law governing the safety of human and animal foods produced for consumption in the United States. Recognizing the challenges that the proposed regulations would impose on small farms, Congress included an amendment to exempt small farms from the full scope of FSMA requirements. This special treatment and other issues left unaddressed by FSMA, however, present challenges for buyers of small farm products and is inducing a private sector response to these regulatory gaps...
2015: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/26591824/dietary-supplements-are-not-all-safe-and-not-all-food-how-the-low-cost-of-dietary-supplements-preys-on-the-consumer
#18
Joanna K Sax
Dietary supplements are regulated as food, even though the safety and efficacy of some supplements are unknown. These products are often promoted as 'natural.' This leads many consumers to fail to question the supplements' safety, and some consumers even equate 'natural' with safe. But, 'natural' does not mean safe. For example, many wild berries and mushrooms are dangerous although they are natural. Another example is tobacco--a key ingredient in cigarettes: it is natural, but overwhelming studies have established the harm of cigarette smoke...
2015: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/26591823/addressing-consumer-confusion-surrounding-natural-food-claims
#19
Efthimios Parasidis, Neal Hooker, Christopher T Simons
No abstract text is available yet for this article.
2015: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/26591822/what-s-in-store-a-vision-for-healthier-retail-environments-through-better-collaboration
#20
Christine Fry, Ian McLaughlin, Alexis Etow, Rio Holaday
No abstract text is available yet for this article.
2015: American Journal of Law & Medicine
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