American Journal of Law & Medicine

Articles from Vol. 33, No. 4, 2007

ERISA Preemption of Chapter 58: The Future of the "Pay or Play" Model of Health Care Legislation
I. INTRODUCTIONThe problem of the uninsured in this country continues to grow.1 Over the past five years, proportion of uninsured Americans has risen from 14.6% to 15.9% of the population.2 The statistics show disparities in insurance coverage among...
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Medical Decision on Behalf of Incompetent Patients: Federal Court Upholds Law Allowing Medical Decisions for Incompetent Patients - Doe Ex Re. Tarlow V. District of Columbia1
The United States Court of Appeals for the District of Columbia held that a District of Columbia policy (the "Policy"), which provides that the wishes of an incompetent patient need not be taken into account by the person charged with making medical...
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Prescription Privacy: Federal Court Strikes Down New Hampshire Law Limiting Use of Prescription Data in Pharmaceutical Marketing - IMS Health, Inc. V. Ayotte1
The United States District Court for the District of New Hampshire recently held that a state law restricting the license, transfer, use, or sale of prescription data is unconstitutional under the First Amendment because it regulates constitutionally-protected,...
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Selling Stem Cell Science: How Markets Drive Law along the Technological Frontier
I. INTRODUCTIONSince 2001, stem cell science in the United States has been explicitly constrained by federal prohibitions.1 Under an executive order announced by President George W. Bush on August 9 of that year, U.S. researchers can only receive federal...
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Sex and the Surgeon's Knife: The Family Court's Dilemma . . . Informed Consent and the Specter of Iatrogenic Harm to Children with Intersex Characteristics
"When I use a word,"Humpty Dumpty said, in a rather scornful tone, "it means just what I choose it to mean, neither more nor less. ""The question is," said Alice, "whether you can make words mean so many different things. ""The question is,"said Humpty...
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Silver Spoons and Golden Genes: Genetic Engineering and the Egalitarian Ethos
I. INTRODUCTIONA. BACKGROUND1. The New GeneticsWhat mother or father does not want to give his or her child the best chance of leading a happy and successful life? Infertile couples today enlist assisted reproductive technologies (ARTs) such as in vitro...
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Surviving Preemption: The Importance of Chapter 58 in the Context of America's Health Care Crisis
I. INTRODUCTIONAmidst a lavish ceremony in Boston's Faneuil Hall on April 12, 2006, Massachusetts Governor Mitt Romney signed into law Chapter 58 of the Acts of 2006: An Act Providing Access to Affordable, Quality, Accountable Health Care.1 At that time,...
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