Recently added articles from American Journal of Law and Medicine:
ERISA Preemption of Chapter 58: The Future of the "Pay or Play" Model of Health Care Legislation
Oct 01, 2007; ... I. INTRODUCTION The 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 the various races, between ...
Prescription Privacy: Federal Court Strikes Down New Hampshire Law Limiting Use of Prescription Data in Pharmaceutical Marketing - IMS Health, Inc. v. Ayotte1
Oct 01, 2007; ... 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, commercial speech without directly ...
Surviving Preemption: The Importance of Chapter 58 in the Context of America's Health Care Crisis
Oct 01, 2007; ... I. INTRODUCTION Amidst 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, Chapter 58 represented the most ...
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
Oct 01, 2007; ... 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 decisions on behalf of the patient, is ...
Sex and The Surgeon's Knife: The Family Court's Dilemma . . . Informed Consent and the Specter of Iatrogenic Harm to Children With Intersex Characteristics
Oct 01, 2007; ... "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 Dumpty, "which is to be ...