Contrived Threats v. Uncontrived Warnings: A General Solution to the Puzzles of Contractual Duress, Unconstitutional Conditions, and Blackmail

University of Chicago Law Review, Vol. 83, No. 2 (forthcoming 2016)
Einer R. Elhauge (Founding Faculty Director)

Abstract:       Contractual duress, unconstitutional conditions, and blackmail have long been puzzling. The puzzle is why these doctrines sometimes condemn threatening lawful action to induce agreements, but sometimes do not. This article provides…

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FDA in the 21st Century: The Challenges of Regulating Drugs and New Technologies

Columbia University Press, September 2015
Holly Fernandez Lynch (Executive Director) and I. Glenn Cohen (Faculty Director), eds.

Just out from Columbia University Press, FDA in the Twenty-First Century: The Challenges of Regulating Drugs and New Technologies! This volume, co-edited by Petrie-Flom…

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What’s Trust Got to Do With It? Trust and the Importance of the Research-Care Distinction

American Journal of Bioethics, September 2015, Vol. 15, No. 9
Emily Largent (Student Fellow alumna)

From the article: In a learning health care system, knowledge is an intended by-product of the patient–physician encounter. The integration of research and care within such systems holds the potential to advance socially valuable research, to yield health benefits…

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Complexifying Commodification, Consumption, ART, and Abortion

Journal of Law, Medicine and Ethics , July 2015, Vol. 43, Issue 2
I. Glenn Cohen (Faculty Director)

Abstract:  This commentary on Madeira's paper complicates the relationships between commodification, consumption, abortion, and assisted reproductive technologies she draws in two ways. First, I examine under what conditions the commodification of ARTs, gametes,…

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Inbound medical tourism to Barbados: a qualitative examination of local lawyers’ prospective legal and regulatory concerns

BMC Health Services Research, July 2015, Vol. 15
I. Glenn Cohen (Faculty Director) et al.

Abstract:  Background Enabled by globalizing processes such as trade liberalization, medical tourism is a practice that involves patients’ intentional travel to privately obtain medical care in another…

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Research, Regulation, and Ethics: Discussion of Human Subjects Research Regulation Book: with I. Glenn Cohen & Holly F. Lynch (eds.)

Science for the People Podcast, July 2015, No. 327
Desiree Schell

About the podcast: This week we're learning about the regulatory frameworks that try to balance scientific progress with the safety of research subjects. We'll speak to Holly Fernandez Lynch and I.…

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With The ACA Secure, It’s Time To Focus On Social Determinants

Health Affairs Blog, July 21, 2015
Lauren Taylor (Student Fellow alumna) and Elizabeth Bradley

From the article:  While Medicaid expansion remains a dream for Americans in many states, the integrity of both the state and federal marketplaces for insurance remained intact following the June 25 Supreme Court decision to allow the federal government to provide…

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Existential Suffering and Cura Personalis: Dilemmas at the End-of-Life

CUA Columbus School of Law Legal Studies Research Paper, No. 2015-3, July 1, 2015
George P. Smith II (past Visiting Scholar)

Abstract:       Existential, or non-somatic suffering, is often associated with the management of refractory pain at the end-stage of life. Because of misleading sympathologies, this condition is often either mis-diagnosed or even ignored. When…

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Navigating physicians’ ethical and legal duties to patients seeking unproven interventions abroad

Canadian Family Physician , July 2015, Vol. 61, No. 7
I. Glenn Cohen (Faculty Director) et al.

Faculty Director I. Glenn Cohen is a co-author of the article "Navigating physicians’ ethical and legal duties to…

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Review of Human Subjects Research Regulation: Perspectives on the Future: I. Glenn Cohen & Holly F. Lynch (eds.)

IRB: Ethics & Human Research, July-August 2015, Vol. 37, No. 4
Christine Grady

Christine Grady, MSN, PhD, the chief of the Department of Bioethics in the Clinical Center of the National Institutes of Health, recently published a review of Faculty Director 

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Will clinical trial data disclosure reduce incentives to develop new uses of drugs?

Nature Biotechnology, July 2015, Vol. 33, No. 7
W Nicholson Price II (Academic Fellow alumnus) & Timo Minssen (past Visiting Scholar)

Petrie-Flom Academic Fellow alumnus Nicholson Price, now an Assistant Professor at the University of New Hampshire School of Law, and past Visiting Scholar Timo…

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Black Box Medicine

Harvard Journal of Law & Technology, Vol. 28, No. 2 Spring 2015
W. Nicholson Price II (Academic Fellow alumnus)

Petrie-Flom Academic Fellow alumnus Nicholson Price, now an Assistant Professor at the University of New Hampshire School of Law, has recently published an article in the Harvard…

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PAPER NOW AVAILABLE: Ensuring the Safe and Effective FDA Regulation of Fecal Microbiota Transplantation

Journal of Law & the Biosciences, July 6, 2015 (Published Online)
Rachel Sachs (Academic Fellow) and Carolyn Edelstein

Academic Fellow Rachel E. Sachs has a new article on the regulatory challenges of fecal microbiota transplantation in the Journal…

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California’s Obamacare exchange to collect insurance data on patients

LA Times, June 21, 2015
Chad Terhune, quoting I. Glenn Cohen (Faculty Director)

From the article: With 1.4 million people enrolled, the state-run marketplace is embarking on an ambitious effort to collect insurance company data on prescriptions, doctor visits and hospital stays for every Obamacare patient. Covered California says this massive…

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Cost Effectiveness Analysis and Fairness

Journal of Practical Ethics, Vol. 3, Nr. 1, June 2015
Francis M. Kamm (Senior Fellow Alumna)

Abstract:       This article considers some different views of fairness and whether they conflict with the use of a version of Cost Effectiveness Analysis (CEA) that calls for maximizing health benefits per dollar spent. Among the concerns addressed are whether…

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Mandatory Process

Indiana Law Journal, Vol. 90, No. 1, 2015
Matthew J. B. Lawrence (Academic Fellow)

Academic Fellow Matthew J. B. Lawrence has a new article forthcoming in 2015 identifying the justifiable circumstances under which the law can mandate the procedural protections that…

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Procedural Triage

Fordham Law Review, Vol. 84, 2015, Forthcoming
Matthew J. B. Lawrence (Academic Fellow)

Academic Fellow Matthew J. B. Lawrence has a new article forthcoming in 2015 regarding the use of procedural triage in addressing the administrative crisis faced by Medicare.  …

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A New Chapter by Faculty Director I. Glenn Cohen,: "Medical Tourism for Services Illegal in Patients' Home Country"

Edward Elgar Publishing, 2015
Edited by Neil Hunt, Daniel Horsfall and Johanna Hanefeld

Faculty Director I. Glenn Cohen has authored a new chapter on medical tourism in the Handbook of Medical Tourism and Patient Mobility. Abstract:

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How law professors helped the Supreme Court understand the Affordable Care Act

The Conversation, June 16, 2015
Rachel Sachs (Academic Fellow)

From the post: In March, the Supreme Court heard oral arguments in King v Burwell, a case that could broadly impact the functioning of the Affordable Care Act (ACA). The central question in King v Burwell is whether the federal government may provide subsidies for…

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New Review of Academic Fellow Rachel Sachs on Fecal Transplants

The Incidental Economist, June 1, 2015
Nicholas Bagley

Rachel E. Sachs' new paper "Ensuring the Safe and Effective FDA Regulation of Fecal Microbiota Transplantation," coauthored with Carolyn Edelstein, has been reviewed by Nicholas…

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