Journal of Law and Health

Professional journal covering law and health.

Articles from Vol. 16, No. 1, Spring

Application of Administrative Law to Health Care Reform: The Real Politik of Crossing the Quality Chasm
I. INTRODUCTION In a well-written editorial in the British Medical Journal, (2) Kelley and Tucci provide insight into the deficiencies of the Institute of Medicine's book, Crossing the Quality Chasm: A New Heath Care System for the 21st Century....
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Can Employers Put Genetic Information to Good Use?
I. INTRODUCTION In my talk today I am going to try to answer the question: Can employers put genetic information to good use? Preparing this talk was a challenge because it required me to switch sides of the table. Having represented plaintiffs...
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Cardiovascular Genetics: Case Studies
It's really a pleasure to be here. I want to thank Kathleen [Engel] and Dena [Davis] for inviting me. As I was thinking about how I was going to start this off, I absolutely promised myself I wasn't going to say anything about lawyers. I'm actually...
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Constitutional Classifications and the "Gay Gene"
Thank you. It is an honor to be here. It is amazing when you start planning for something like this how things change. No one needs to remind us how the world is very different today than it was prior to September 11th when we were planning this conference....
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Genetic Discrimination: Does It Exist, and What Are Its Implications?
Yes. Once again, I stand between you and food and drink. I don't want to take up too much of your time, because you've heard a lot about what I had to say, but I was just reminded from Dr. Wiesner of a story. I was visiting my brother, my younger brother,...
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Genetic Testing and Employment Litigation
Thank you very much, and just as a preface, I really appreciate and am a bit humbled to be invited to this conference. I'm surrounded by such bright people and such committed people. It's just a great experience for me. Most major policy problems...
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Genetic Testing and Employment Litigation
I have only a couple of comments to make that relate to litigation hurdles and how to achieve this balance, and the first thing I want to talk about, following the wonderful presentation is, in fact, we probably don't in some ways even need a new cause...
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Genomic Medicine: The Human Genome Project from a Healthcare Provider's Perspective
I'm delighted to be here today, and I want to thank Professors Davis and Engel for inviting me. The other thing is, I want to apologize for my voice. I'm hoping that my laryngitis that I developed yesterday will allow me to complete my talk and my...
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Is There a Pink Slip in Your Genes?
Actually, at my age and my genetic predisposition, I can't see my nose. With the introduction, I obviously am supposed to be an insurance company person here, but I have to put my economist hat on as well, so I'll try to play both of those roles. ...
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Legislation and Genetic Discrimination
I will be talking about the laws that address genetic discrimination, and there is quite a variety of them. Let me begin with state laws. I. STATE LEGISLATION State legislation addresses genetic discrimination in both employment and health insurance....
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Pink Slip Introduction
Is there a pink slip in your genes? In this cleverly worded phrase, Paul Miller adroitly captures the fears of millions of Americans as we ponder whether the genetic revolution bodes us well or ill. The Human Genome Project (HGP), which completed its...
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Reasons to Eschew Federal Lawmaking and Embrace Common Law Approaches to Genetic Discrimination
Good afternoon. It's a privilege to be here, particularly since I am an employment law teacher with scant understanding of the gravity of genetic discrimination prior to preparing for this conference. The main charge to me is to show you alternatives...
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Routine Patient Care in Clinical Trials: Whose Cost Is It Anyway?
I. INTRODUCTION On June 07, 2000, President William J. Clinton issued an Administrative Declaration (hereinafter "the Declaration") to then Health and Human Services Secretary Donna Shalala requiring Medicare to pay for the routine medical costs...
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The Affordable Prescription Drugs Act: A Solution for Today's High Prescription Drug Prices
I. INTRODUCTION As we move forward into a new millennium, a large number of Americans, especially senior citizens or those without insurance, will find it increasingly difficult to obtain prescription drugs because of rising prices. International...
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The Misperception and Misapplication of the First Amendment in the American Pluralistic System: Mergers between Catholic and Non-Catholic Healthcare Systems
I. INTRODUCTION In 1999, the Republican presidential forerunner, Governor George W. Bush stated, "[I]n every instance where my administration sees a responsibility to help people we will look first to faith-based organizations, charities and community...
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