Volume 15 (2005-2006)

Annals of Health Law
The Health Policy and Law Review of Loyola University Chicago School of Law

Volume 15 (2005-06)

Issue 1, Winter 2006

Articles

The States "Race" with the Federal Government for Stem Cell Research 
Author: Joanna K. Sax, Ph.D

This article presents an innovative study of the effect of individual states and private institutes in pushing forward stem cell research despite a federal ban on creating new stem cell lines.  The author analyzes the impact of state legislation, proposing that states are reacting to federal policy by serving as laboratories for what is traditionally federally funded biomedical research. 

Conscience Clauses and Oral Contraceptives: Conscientious Objection or Calculated Obstruction? 
Author: Mary K. Collins, C.N.M., M.N.

This article examines the ethical and legal implications of conscience clauses, which allow pharmacists to refuse to fill prescriptions for oral contraceptives due to their belief that they may constitute abortifacients. The author provides an informative background on contraception and the history of how abortion has been viewed in this country, then takes a critical look at some of the conscience laws already in existence, using a bioethical framework to examine them.  She concludes by providing suggestions to reduce the negative ethical implications resulting from the enactment of conscience clauses.

Is Obesity Really the Next Tobacco? Lessons Learned from Tobacco for Obesity Litigation Author:Brooke Courtney, M.P.H.

This article draws important lessons from the history of tobacco litigation that can be applied to the current obesity problem in the United States. The author's close analysis of potential issues surrounding the obesity problem in this country yields the conclusion that litigation alone may not be the best answer.  Her article offers a compelling perspective on the history of tobacco litigation, a thorough analysis of the issues surrounding the obesity problem and several potential perspectives on dealing with the situation at hand.  

Drug Deals in 2006: Cutting Edge Legal and Regulatory Issues in the Pharmaceutical Industry 
Authors: Jonathan K. Henderson, J.D. & Quintin Cassady, J.D.

Set amidst the backdrop of rising prescription drug costs and a renewed governmental commitment to combating fraud, this article highlights recent enforcement actions against the pharmaceutical industry.  In an effort to clarify today's turbulent regulatory landscape, the authors also explore the elements of a successful compliance program for pharmaceutical manufacturers and identify the major areas of concern for the future.

The Fundamental Law That Shapes the United States Health Care System: Is Universal Health Care Realistic Within the Established Paradigm?
Author: William P. Gunnar, M.D.

In this article, the author draws from his own experience as a doctor in describing the issues the uninsured patient population faces.  Pointing out that neither the U.S. Constitution nor case law provides a positive right to health care, the author describes the parameters of federal health care funding and ultimately concludes that universal health care cannot be fully achieved in the U.S.  

Issue 2, Summer 2006

Articles from the Fifth Annual Health Law & Policy Colloquium:  Cost and Quality in Health Care:  Does Anyone Get What They Pay For?

Efficiencies in Health Regulation:  Observations Near and Far
Author:  John D. Blum, J.D., M.H.S

Transcribed Speech of Professor John D. Blum

Rising Health Care Costs
Author:  Mary M. Pozarycki

Transcribed Speech of Troyen Brennan

The Legal Ramifications of Best Practices in Health Care
Author:  Kevin Rasp

Transcribed Speech of Jane Reister Conard

Provider Response to Cost Containment:  Fraud & Abuse Issues
Author:  Charisse Logarta

Transcribed Speech of Joan Polacheck

Provider Response to Cost Containment:  An Insider Perspective
Authors:  Annals of Health Law

Transcribed Speech of David Woodrum 

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