Year:

  1. Howard Brody (2014). Economism and the Commercialization of Health Care. Journal of Law, Medicine & Ethics 42 (4):501-508.
    Those concerned over the excessive commercialization of health care, to the detriment of both professional and patient-centered values, commonly propose remedies that assume that meaningful change can occur largely within the health care sector. I argue instead that a major shift in the public culture and political discourse of the U.S. will be required if the commercialization of health care is to be adequately addressed. The notion that health and health care are commodities to be bought and sold in the (...)
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  2. Elizabeth Chiarello (2014). Medical Versus Fiscal Gatekeeping: Navigating Professional Contingencies at the Pharmacy Counter. Journal of Law, Medicine & Ethics 42 (4):518-534.
    This paper theorizes that care provision depends on the set of “contingencies,” or organizational and institutional structures, rules, narratives, and routines, surrounding professional work. Drawing on 95 interviews with U.S. pharmacists, I demonstrate how pharmacists prioritize specific contingencies and reveal how ethical decision-making depends on both organizational positioning and locus in inter-professional hierarchies.
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  3. Larry R. Churchill & Joshua E. Perry (2014). Introduction. Journal of Law, Medicine & Ethics 42 (4):408-411.
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  4. Jamie Fletcher & Jane Marriott (2014). Beyond the Market: The Role of Constitutions in Health Care System Convergence in the United States of America and the United Kingdom. Journal of Law, Medicine & Ethics 42 (4):455-474.
    Health care reform in the United States and United Kingdom has resulted in the cross-fertilization of policy. The “new” health care models adopted by the two jurisdictions utilize free market principles for reasons of quality, efficiency, and cost, but also feature characteristics of a state-run model, through the provision of a safety net for citizens and a buffer against the commodification of health. In this sense, the health care systems of the US and UK are more congruent than they were. (...)
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  5. Sam Halabi (2014). Selling Hospice. Journal of Law, Medicine & Ethics 42 (4):442-454.
    Americans are increasingly turning to hospice services to provide them with medical care, pain management, and emotional support at the end of life. The increase in the rates of hospice utilization is explained by a number of factors including a “hospice movement” dating to the 1970s which emphasized hospice as a tool to promote dignity for the terminally ill; coverage of hospice services by Medicare beginning in 1983; and, the market for hospice services provision, sustained almost entirely by governmental reimbursement. (...)
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  6. James G. Hodge, Leila Barraza, Gregory Measer & Asha Agrawal (2014). Global Emergency Legal Responses to the 2014 Ebola Outbreak: Public Health and the Law. Journal of Law, Medicine & Ethics 42 (4):595-601.
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  7. Matt Lamkin & Carl Elliott (2014). Curing the Disobedient Patient: Medication Adherence Programs as Pharmaceutical Marketing Tools. Journal of Law, Medicine & Ethics 42 (4):492-500.
    Pharmaceutical companies have long focused their marketing strategies on getting doctors to write more prescriptions. But they lose billions in potential sales when patients do not take their prescribed drugs. Getting patients to “adhere” to drug therapies that have unpleasant side effects and questionable efficacy requires more than mere ad campaigns urging patients to talk to their doctors. It requires changing patients' beliefs and attitudes about their medications through repeated contact from people patients trust. Since patients do not trust drug (...)
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  8. Gabriel Lázaro‐Muñoz (2014). The Fiduciary Relationship Model for Managing Clinical Genomic “Incidental” Findings. Journal of Law, Medicine & Ethics 42 (4):576-589.
    This paper examines how the application of legal fiduciary principles , can serve as a framework to promote management of clinical genomic “incidental” or secondary target findings that is patient-centered and consistent with recognized patient autonomy rights. The application of fiduciary principles to the clinical genomic testing context gives rise to at least four physician fiduciary duties in conflict with recent recommendations by the American College of Medical Genetics and Genomics . These recommendations have generated much debate among lawyers, clinicians, (...)
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  9. Theodore R. Marmor & Robert W. Gordon (2014). Commercial Pressures on Professionalism in American Medical Care: From Medicare to the Affordable Care Act. Journal of Law, Medicine & Ethics 42 (4):412-419.
    Since the passage of Medicare, the self-regulation characteristic of professionalism in health care has come under steady assault. While Canadian physicians chose to relinquish financial autonomy, they have enjoyed far greater professional autonomy over their medical judgments than their U.S. counterparts who increasingly have their practices micromanaged. The Affordable Care Act illustrates the ways that managerial strategies and a market model of health care have shaped the financing and delivery of health care in the U.S., often with little or no (...)
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  10. Jonathan Oberlander (2014). Between Liberal Aspirations and Market Forces: Obamacare's Precarious Balancing Act. Journal of Law, Medicine & Ethics 42 (4):431-441.
    The 2010 Affordable Care Act represents a milestone in U.S. health care policy. The ACA moves the American health care system away, in important respects, from market-driven health care, including imposing new regulations on health insurers. Yet the ACA also relies, in other respects, on market forces to achieve its aims, including its embrace of health plan competition and high-deductible insurance. This article explores how the ACA balances liberal aspirations and market principles, and the implications for health reform implementation and (...)
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  11. Joshua E. Perry, Dena Cox & Anthony D. Cox (2014). Trust and Transparency: Patient Perceptions of Physicians' Financial Relationships with Pharmaceutical Companies. Journal of Law, Medicine & Ethics 42 (4):475-491.
    Financial ties between physicians and pharmaceutical companies are pervasive and controversial. However, little is known about how patients perceive such ties. This paper describes an experiment examining how a national sample of U.S. adults perceived a variety of financial relationships between physicians and drug companies. Each respondent read a single scenario about a hypothetical physician and his financial ties to the pharmaceutical industry; scenarios varied in terms of payment type of and amount. Respondents then evaluated the physician on several dimensions (...)
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  12. Mark A. Rothstein (2014). Autonomy and Paternalism in Health Policy: Currents in Contemporary Bioethics. Journal of Law, Medicine & Ethics 42 (4):590-594.
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  13. Virginia Rowthorn & Jody Olsen (2014). All Together Now: Developing a Team Skills Competency Domain for Global Health Education. Journal of Law, Medicine & Ethics 42 (4):550-563.
    Global health is by definition and necessity a collaborative field; one that requires diverse professionals to address the clinical, biological, social, and political factors that contribute to the health of communities, regions, and nations. While much work has been done in recent years to define the field of global health and set forth discipline-specific global health competencies, less has been done in the area of interprofessional global health education. This paper documents the results of a roundtable that was convened to (...)
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  14. William M. Sage & Kelley McIlhattan (2014). Upstream Health Law. Journal of Law, Medicine & Ethics 42 (4):535-549.
    For the first time, entrepreneurs are aggressively developing new technologies and business models designed to improve individual and population health, not just to deliver specialized medical care. Consumers of these goods and services are not yet “patients”; they are simply people. As this sector of the health care industry expands, it is likely to require new forms of legal governance, which we term “upstream health law.”.
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  15. Lois Shepherd (2014). The Hair Stylist, the Corn Merchant, and the Doctor: Ambiguously Altruistic. Journal of Law, Medicine & Ethics 42 (4):509-517.
    The medical profession has a tradition of presenting itself as exceptionally altruistic. This article challenges the idea that physicians are, or should be, more altruistic than other professionals or other people, and goes so far as to posit that even a professional aspiration of altruism can have negative consequences.
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  16. Andrew C. Wicks & Adrian A. C. Keevil (2014). When Worlds Collide: Medicine, Business, the Affordable Care Act and the Future of Health Care in the U.S. Journal of Law, Medicine & Ethics 42 (4):420-430.
    The dialogue about the future of health care in the US has been impeded by flawed conceptions about medicine and business. The present paper re-examines some of the underlying assumptions about both medicine and business, and uses more nuanced readings of both terms to frame debates about the ACA and the emerging health care environment.
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  17. Shuai Xu & Aaron S. Kesselheim (2014). Medical Innovation Then and Now: Perspectives of Innovators Responsible for Transformative Drugs. Journal of Law, Medicine & Ethics 42 (4):564-575.
    Effective medical innovation is a common goal of policymakers, physicians, researchers, and patients both in the private and public sectors. With the recent slowdown in approval of new transformative prescription drugs, many have looked back to the “golden years” of the 1980s and 1990s when numerous breakthrough products emerged. We conducted a qualitative study of innovators directly involved in creation of groundbreaking drugs during that era to determine what made their work successful and how the process of conducting medical innovation (...)
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  18. Jonny Anomaly (2014). What is an Epidemic? Journal of Law, Medicine & Ethics 42 (3):389-391.
  19. Kathleen E. Bachynski & Daniel S. Goldberg (2014). Youth Sports & Public Health: Framing Risks of Mild Traumatic Brain Injury in American Football and Ice Hockey. Journal of Law, Medicine & Ethics 42 (3):323-333.
    The framing of the risks of experiencing mild traumatic brain injury in American football and ice hockey has an enormous impact in defining the scope of the problem and the remedies that are prioritized. According to the prevailing risk frame, an acceptable level of safety can be maintained in these contact sports through the application of technology, rule changes, and laws. An alternative frame acknowledging that these sports carry significant risks would produce very different ethical, political, and social debates.
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  20. Christine M. Baugh, Emily Kroshus, Alexandra P. Bourlas & Kaitlyn I. Perry (2014). Requiring Athletes to Acknowledge Receipt of Concussion‐Related Information and Responsibility to Report Symptoms: A Study of the Prevalence, Variation, and Possible Improvements. Journal of Law, Medicine & Ethics 42 (3):297-313.
    State concussion laws and sport-league policies are important tools for protecting public health, but also present implementation challenges. Both state laws and league policies often require athletes provide written acknowledgement of having received concussion-related information and/or of their responsibility to report concussion-related symptoms. This paper examines these requirements in two ways: an analysis of the variation in state laws and sport-league policies and a study of their effects in a cohort of collegiate football players.
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  21. Christine M. Baugh, Emily Kroshus, Daniel H. Daneshvar & Robert A. Stern (2014). Perceived Coach Support and Concussion Symptom‐Reporting: Differences Between Freshmen and Non‐Freshmen College Football Players. Journal of Law, Medicine & Ethics 42 (3):314-322.
    This paper examines college athletes’ perceived support for concussion reporting from coaches and teammates and its variation by year-in-school, finding significant differences in perceived coach support. It also examines the effects of perceived coach support on concussion reporting behaviors, finding that greater perceived coach support is associated with fewer undiagnosed concussions and returning to play while symptomatic less frequently in the two weeks preceding the survey. Coaches play a critical role in athlete concussion reporting.
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  22. Amanda Cook, Harold King & John A. Polikandriotis (2014). Where Do We Go From Here? An Inside Look Into the Development of Georgia's Youth Concussion Law. Journal of Law, Medicine & Ethics 42 (3):284-289.
    Currently, all 50 states and the District of Columbia have youth concussion laws based on the core principals of the 2009 Lystedt Law of Washington State. On April 23, 2013, the state of Georgia signed into law House Bill 284, “The Return to Play Act of 2013” and became one of the last states to pass youth concussion legislation. This Act became effective on January 1, 2014. The purpose of this report is to highlight the legislative process of enacting Georgia (...)
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  23. Gail E. Henderson, Susan M. Wolf, Kristine J. Kuczynski, Steven Joffe, Richard R. Sharp, D. Williams Parsons, Bartha M. Knoppers, Joon‐Ho Yu & Paul S. Appelbaum (2014). The Challenge of Informed Consent and Return of Results in Translational Genomics: Empirical Analysis and Recommendations. Journal of Law, Medicine & Ethics 42 (3):344-355.
    As exome and genome sequencing move into clinical application, questions surround how to elicit consent and handle potential return of individual genomic results. This study analyzes nine consent forms used in NIH-funded sequencing studies. Content analysis reveals considerable heterogeneity, including in defining results that may be returned, identifying potential benefits and risks of return, protecting privacy, addressing placement of results in the medical record, and data-sharing. In response to lack of consensus, we offer recommendations.
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  24. Diane E. Hoffmann, Chikosa Banda & Kassim Amuli (2014). Laying the Foundation for an Interprofessional, Comparative Health Law Clinic: Teaching Health Law. Journal of Law, Medicine & Ethics 42 (3):392-400.
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  25. Valerie Gutmann Koch (2014). A Policy in Flux: New York State's Evolving Approach to Human Subjects Research Involving Individuals Who Lack Consent Capacity. Journal of Law, Medicine & Ethics 42 (3):383-388.
    American history has been rife with human subjects research scandals, particularly those that involve “vulnerable” populations. State and federal laws and regulations often do not provide any special oversight mechanisms or protections to ensure the ethical and safe inclusion of cognitively impaired adults in research. At the New York State level, repeated efforts have been made to regulate research involving individuals who lack consent capacity. In January 2014, the New York State Task Force on Life and the Law released its (...)
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  26. Kerri McGowan Lowrey & Stephanie R. Morain (2014). State Experiences Implementing Youth Sports Concussion Laws: Challenges, Successes, and Lessons for Evaluating Impact. Journal of Law, Medicine & Ethics 42 (3):290-296.
    While provisions of youth sports concussion laws are very similar, little is known as to how they are being implemented, factors that promote or impede implementation, or the level of compliance in each jurisdiction. We aimed to describe state experiences with implementation in order to inform ongoing efforts to reduce the harm of sports-related traumatic brain injury and to guide future evaluations of the laws’ impacts and the development of future public health laws. We conducted key-informant interviews in 35 states (...)
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  27. Benjamin Mason Meier & Ana S. Ayala (2014). The Pan American Health Organization and the Mainstreaming of Human Rights in Regional Health Governance. Journal of Law, Medicine & Ethics 42 (3):356-374.
    In the absence of centralized human rights leadership in an increasingly fragmented global health policy landscape, regional health offices have stepped forward to advance the rights-based approach to health. Reviewing the efforts of the Pan American Health Organization , this article explores the evolution of human rights in PAHO policy, assesses efforts to mainstream human rights in the Pan American Sanitary Bureau , and analyzes the future of the rights-based approach through regional health governance, providing lessons for other regional health (...)
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  28. David Orentlicher (2014). Introduction. Journal of Law, Medicine & Ethics 42 (3):281-283.
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  29. Richard Robeson & Nancy M. P. King (2014). Loss of Possession: Concussions, Informed Consent, and Autonomy. Journal of Law, Medicine & Ethics 42 (3):334-343.
    The recent explosion of publicity about the dangers of concussion in contact sports — particularly in football — represents the unraveling of a disinformation campaign by the NFL amid growing public and professional concern about the game's long-term risks of harm. The persistence of controversy and denial reflects a cultural view of football players as serving the needs of the team, a resulting evidentiary skepticism, and resistance to rule changes as excessive or unenforceable. This article considers the cultural context of (...)
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  30. Alan Schwarz (2014). Foreword. Journal of Law, Medicine & Ethics 42 (3):280-280.
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  31. Megan S. Wright & Christopher T. Robertson (2014). Heterogeneity in IRB Policies with Regard to Disclosures About Payment for Participation in Recruitment Materials. Journal of Law, Medicine & Ethics 42 (3):375-382.
    Although the Federal Common Rule requires that informed consent documents include all material information, it does not specify the content of materials used to recruit human subjects. In particular, there is no federal regulation relating to how payment for research participation is to be advertised. Rather, the FDA has issued guidance, advising researchers not to emphasize payment information. In order to determine how IRBs have interpreted this guidance, we coded the policies of the top 100 institutions by receipt of NIH (...)
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  32. Robert J. Adams (2014). Prevention of Stroke in Sickle Cell Anemia. Journal of Law, Medicine & Ethics 42 (2):135-138.
    The risk of stroke for a child with SCD is many times greater than that of a healthy child without SCD or heart disease. There is a technique that allows the identification of the children with SCD who have high risk even within this relatively high-risk group. And there is a highly effective preventive treatment. While this would on the surface appear to be a straightforward medical decision, it is not. One must weigh the benefits of preventing permanent brain damage (...)
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  33. Julie L. Agris (2014). Extending the Minimum Necessary Standard to Uses and Disclosures for Treatment. Journal of Law, Medicine & Ethics 42 (2):263-267.
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  34. Hillary B. Alberta, Roberta M. Berry & Aaron D. Levine (2014). Risk Disclosure and the Recruitment of Oocyte Donors: Are Advertisers Telling the Full Story? Journal of Law, Medicine & Ethics 42 (2):232-243.
    This study analyzes 435 oocyte donor recruitment advertisements to assess whether entities recruiting donors of oocytes to be used for in vitro fertilization (IVF) procedures include a disclosure of risks associated with the donation process in their advertisements. Such disclosure is required by the self-regulatory guidelines of the American Society for Reproductive Medicine (ASRM) and by law in California for advertisements placed in the state. We find very low rates of risk disclosure across entity types and regulatory regimes, although risk (...)
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  35. Joe DeLamielleure (2014). Concussion in the National Football League: Viewpoint of an Elite Player. Journal of Law, Medicine & Ethics 42 (2):133-134.
    Chronic traumatic encephalopathy resulting from head hits and concussions is an unfortunate illness that has affected numerous football players, especially in the National Football League. Many of my fellow players suffer from this problem, and many have died prematurely because of it. I make some suggestions for improving the situation for retired and current players.
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  36. Lisa Eckstein, Jeremy R. Garrett & Benjamin E. Berkman (2014). A Framework for Analyzing the Ethics of Disclosing Genetic Research Findings. Journal of Law, Medicine & Ethics 42 (2):190-207.
    Whether researchers have an obligation to disclose secondary genetic research findings, and, if so, in what circumstances, remains a matter of heated debate. This paper suggests that much of this confusion is definitional or conceptual in nature. That is, there is significant variability in the way that threshold terms and concepts such as “incidental,” “analytic validity,” “clinical validity,” “clinical relevance,” “clinical utility,” “clinical significance,” and “actionability,” are used in the literature, which is impeding efforts to clarify the scope of an (...)
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  37. Jonathan C. Edwards & Jeffrey D. Bodle (2014). Causes and Consequences of Sports Concussion. Journal of Law, Medicine & Ethics 42 (2):128-132.
    Concussion in sports is a topic that is receiving increasing amounts of publicity and attention. Increasing recognition of concussion as well as improving understanding of the short- and long-term physiologic effects of concussion have resulted in widespread legislation governing the recognition and treatment of sports concussion. The increasing amount of medical research in the field and oftentimes subjective symptoms of concussion leave many ethical questions to be answered.
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  38. Susan V. Ellor, Teri Ann Pagano‐Young & Nicholas G. Avgeropoulos (2014). Glioblastoma: Background, Standard Treatment Paradigms, and Supportive Care Considerations. Journal of Law, Medicine & Ethics 42 (2):171-182.
    Glioblastoma is a brain tumor condition marked by rapid neurological and clinical demise, resulting in disproportionate disability for those affected. Caring for this group of patients is complex, intense, multidisciplinary in nature, and fraught with the need for expensive treatments, surveillance imaging, physician follow-up, and rehabilitative, psychological, and social support interventions. Few of these patients return to the workforce for any meaningful time frame, and because of the enormity of the financial burden that patients, their caregivers, and society face, utilization (...)
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  39. Michael K. Gusmano (2014). Is It Reasonable to Deny Older Patients Treatment for Glioblastoma? Journal of Law, Medicine & Ethics 42 (2):183-189.
    Is it ever fair to limit treatment for diseases like glioblastoma for which prognosis is poor? Because resources are finite and health care spending limits the other possible uses for those resources, limiting access to an intervention that does not generate benefits is ethically sound. Ignoring the balance of benefits and burdens associated with treatment ignores opportunity costs and leads us to treat some lives as more valuable than others. Although it is ethically sound to set limits on medical care, (...)
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  40. Mark B. Hamner (2014). The Role of PTSD in Adjudicating Violent Crimes. Journal of Law, Medicine & Ethics 42 (2):155-160.
    PTSD was formalized as a diagnosis by the American Psychiatric Association in 1980 with the publication of the Diagnostic and Statistical Manual of Mental Disorders (DSM), 3rd edition. Since that time, the diagnosis has been widely utilized in the courts including the use in criminal proceedings. PTSD may play a role in the assessment of violent crimes both as a possible contributing factor in the perpetrators as well as a consequence in the victims. There are a number of ethical and (...)
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  41. Matthew Herder (2014). Toward a Jurisprudence of Drug Regulation. Journal of Law, Medicine & Ethics 42 (2):244-262.
    Efforts to foster transparency in biopharmaceutical regulation are well underway: drug manufacturers are, for example, legally required to register clinical trials and share research results in the United States and Europe. Recently, the policy conversation has shifted toward the disclosure of clinical trial data, not just trial designs and basic results. Here, I argue that clinical trial registration and disclosure of clinical trial data are necessary but insufficient. There is also a need to ensure that regulatory decisions that flow from (...)
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  42. James G. Hodge & Kellie Nelson (2014). Active Shooters in Health Care Settings: Prevention and Response Through Law and Policy. Journal of Law, Medicine & Ethics 42 (2):268-271.
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  43. Alison R. Hwong, Noor Qaragholi, Daniel Carpenter, Steven Joffe, Eric G. Campbell & Lisa Soleymani Lehmann (2014). A Systematic Review of State and Manufacturer Physician Payment Disclosure Websites: Implications for Implementation of the Sunshine Act. Journal of Law, Medicine & Ethics 42 (2):208-219.
    Under the Physician Payment Sunshine Act (PPSA), payments to physicians from pharmaceutical, biologics, and medical device manufacturers will be disclosed on a national, publicly available website. To inform the development of the federal website, we evaluated 21 existing state and industry disclosure websites. The presentation formats and language used suggest that industry websites are aimed at patient audiences whereas state websites are structured to transmit data to researchers and guide compliance officers. These findings raise questions about the intended audience and (...)
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  44. Robert M. Sade (2014). INTRODUCTION: Brain Science in the 21st Century: Clinical Controversies and Ethical and Legal Implications. Journal of Law, Medicine & Ethics 42 (2):124-127.
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  45. Wally R. Smith (2014). Treating Pain in Sickle Cell Disease with Opioids: Clinical Advances, Ethical Pitfalls. Journal of Law, Medicine & Ethics 42 (2):139-146.
    This article explores the ethical principles of prescribing in Sickle Cell Disease. The first two sections of the article provide detailed scientific justification for the last section of the manuscript, which explores and discusses the ethical principles.
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  46. Kathryn Soltis, Ron Acierno, Daniel F. Gros, Matthew Yoder & Peter W. Tuerk (2014). Post‐Traumatic Stress Disorder: Ethical and Legal Relevance to the Criminal Justice System. Journal of Law, Medicine & Ethics 42 (2):147-154.
    Post-Traumatic Stress Disorder is a major public health concern in both civilian and military populations, across race, age, gender, and socio-economic status. While PTSD has been around for centuries by some name or another, its definition and description also continue to evolve. Within the last few years, the American Psychological Association has published the 5th edition of the Diagnostic and Statistical Manual of Mental Disorders, which includes some major changes in the diagnostic criteria for PTSD. Recent data on epidemiology, etiological (...)
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  47. Rebecca L. Walker, Eric T. Juengst, Warren Whipple & Arlene M. Davis (2014). Genomic Research with the Newly Dead: A Crossroads for Ethics and Policy. Journal of Law, Medicine & Ethics 42 (2):220-231.
    Recent advances in next generation sequencing along with high hopes for genomic medicine have inspired interest in genomic research with the newly dead. However, applicable law does not adequately determine ethical or policy responses to such research. In this paper we propose that such research stands at a crossroads between other more established biomedical clinical and research practices. In addressing the ethical and policy issues raised by a particular research project within our institution comparatively with these other practices, we illustrate (...)
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  48. Bethany C. Wangelin & Peter W. Tuerk (2014). PTSD in Active Combat Soldiers: To Treat or Not to Treat. Journal of Law, Medicine & Ethics 42 (2):161-170.
    In this paper, we consider ethical issues related to the treatment of posttraumatic stress disorder (PTSD) in combat zones, via exposure therapy. Exposure-oriented interventions are the most well-researched behavioral treatments for PTSD, and rigorous studies across contexts, populations, and research groups provide robust evidence that exposure therapy for PTSD is effective and can be widely disseminated. Clinical procedures for Prolonged Exposure therapy, a manualized exposure-oriented protocol for PTSD, are reviewed, and we illustrate the potential benefits, as well as the potential (...)
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  49. Clarissa Allen, Karine Sénécal & Denise Avard (2014). Defining the Scope of Public Engagement: Examining the “Right Not to Know” in Public Health Genomics. Journal of Law, Medicine & Ethics 42 (1):11-18.
    In this article, we explore the concept of a “right not to know” on a population rather than individual level. We argue that a population level “right not to know” is a useful concept for helping to define the appropriate boundaries of public engagement initiatives in the emerging public health genomics context.
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  50. Pascal Borry, Mahsa Shabani & Heidi Carmen Howard (2014). Is There a Right Time to Know? The Right Not to Know and Genetic Testing in Children. Journal of Law, Medicine & Ethics 42 (1):19-27.
    The increasing implementation of next-generation sequencing technologies in the clinical context and the expanding commercial offer of genetic tests directly-toconsumers has increased the availability of previously inaccessible genetic information. A particular concern in both situations is how the volume of novel information will affect the processing of genetic and genomic information from minors. For minors, it is argued that in the provision of genetic testing, their “right not to know” should be respected as much as possible. Testing a minor early (...)
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  51. Courtenay R. Bruce & Mary A. Majumder (2014). The “Permanent” Patient Problem. Journal of Law, Medicine & Ethics 42 (1):88-92.
    Patients who enter the health care system for acute care may become “permanent” patients of the hospital when a lack of resources precludes discharge to the next level of post-acute care. Legal, professional, and ethical norms prohibit physician and acute care hospital “dumping” of these patients. However, limitless use of hospital resources for indefinite stays is untenable. In the absence of hospital policy addressing this specific issue, the availability of financial support will be determined by health care professionals' willingness to (...)
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  52. Gert Helgesson (2014). Autonomy, the Right Not to Know, and the Right to Know Personal Research Results: What Rights Are There, and Who Should Decide About Exceptions? Journal of Law, Medicine & Ethics 42 (1):28-37.
    This paper defends the right not to know personal health information, while it discards the right of research participants to receive individual research results. Disagreement regarding the right not to know stems from two different conceptions of autonomy, leading to opposing normative conclusions. Researchers occasionally have good reason to inform research participants about incidental findings in spite of the absence of a right to know such information. Such decisions have to be made by health care personnel and researchers on a (...)
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  53. James G. Hodge, Leila Barraza, Susan Russo, Kellie Nelson & Greg Measer (2014). A Proposed Ban on the Sale to and Possession of Caloric Sweetened Beverages by Minors in Public. Journal of Law, Medicine & Ethics 42 (1):110-114.
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  54. Niklas Juth (2014). The Right Not to Know and the Duty to Tell: The Case of Relatives. Journal of Law, Medicine & Ethics 42 (1):38-52.
    Obtaining and sharing genetic information when there is a potential conflict of interest between patients and their relatives give rise to two questions. Do we have a duty to find out our genetic predispositions for disease for the sake of our relatives, or do we have a right to remain ignorant? Do we have a duty to disclose our known genetic predispositions for disease to our relatives? I argue that the answer to both questions is yes, but to a lesser (...)
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  55. Bartha Maria Knoppers (2014). INTRODUCTION: From the Right to Know to the Right Not to Know. Journal of Law, Medicine & Ethics 42 (1):6-10.
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  56. Graeme Laurie (2014). Recognizing the Right Not to Know: Conceptual, Professional, and Legal Implications. Journal of Law, Medicine & Ethics 42 (1):53-63.
    This article argues for the importance of conceptual clarity in the debate about the so-called right not to know. This is vital both at the theoretical and the practical level. It is suggested that, unlike many formulations and attempts to give effect to this right, what is at stake is not merely an aspect of personal autonomy and therefore cannot and should not be reduced only to a question of individual choice. Rather, it is argued that the core interests that (...)
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  57. Mark A. Rothstein (2014). Tarasoff Duties After Newtown. Journal of Law, Medicine & Ethics 42 (1):104-109.
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  58. Lainie Rutkow, Jon S. Vernick, Maxim Gakh, Jennifer Siegel, Carol B. Thompson & Daniel J. Barnett (2014). The Public Health Workforce and Willingness to Respond to Emergencies: A 50‐State Analysis of Potentially Influential Laws. Journal of Law, Medicine & Ethics 42 (1):64-71.
    Law plays a critical role in all stages of a public health emergency, providing an infrastructure for planning, response, and recovery efforts. A growing body of research has underscored the potential for certain types of state laws, such as those granting liability protections to responders, to influence the public health workforce's participation in emergency responses. It is therefore especially important to focus on particular state-level laws that may be associated with individuals' increased or decreased willingness to respond. We conducted a (...)
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  59. Allyn Taylor, Tobias Alfoén, Daniel Hougendobler & Kent Buse (2014). Nonbinding Legal Instruments in Governance for Global Health: Lessons From the Global AIDS Reporting Mechanism. Journal of Law, Medicine & Ethics 42 (1):72-87.
    Recent debate over World Health Organization reform has included unprecedented attention to international lawmaking as a future priority function of the Organization. However, the debate is largely focused on the codification of new binding legal instruments. Drawing upon lessons from the success of the Global AIDS Reporting Mechanism, established pursuant to the United Nations' Declaration of Commitment on HIV/AIDS, we argue that effective global health governance requires consideration of a broad range of instruments, both binding and nonbinding. A detailed examination (...)
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  60. Y. Tony Yang & Mark R. Meiners (2014). Care Coordination and the Expansion of Nursing Scopes of Practice. Journal of Law, Medicine & Ethics 42 (1):93-103.
    Nurse practitioners can ease increased pressure on primary care shortage while providing a cost-effective and high-quality alternative to certain physician services. However, scope-of-practice laws are restrictive and their modification remains a source of controversy. Clearly, there is a need for new thinking around the scope of practice debate. This article conducted a review of literature and laws concerning the nursing scope of practice, as well as the outcomes of nurse-led care coordination models. It also examined different manifestations of the controversy (...)
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