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, 2016
Professor Einer Elhauge (Founding Director)

Professor Einer Elhauge has posted an updated version of his article, “Contrived Threats and Uncontrived Warnings,” that (among other things) takes into account the oral argument in King v Burwell. …

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Robust Exclusion and Market Division Through Loyalty Discounts

Harvard Public Law Working Paper No. 14-12, April 2, 2015
By Einer Elhauge (Founding Faculty Director) and Abe Wickelgren

Founding Faculty Director Einer Elhauge has coauthored an article Abe Wickelgren on loyalty discounts, which are often used in pharmaceutical and medical device markets. The article was awarded Best Academic…

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Hopkins faces $1B lawsuit over role in government study that gave subjects STDs

The Baltimore Sun, April 1, 2015
Scott Dance, quoting Holly F. Lynch (Executive Director) and I. Glenn Cohen (Faculty Director)

From the article:  Nearly 800 former research subjects and their families filed a billion-dollar lawsuit Wednesday against the Johns Hopkins University, blaming the institution for its role in 1940s government experiments in Guatemala that infected hundreds with syphilis,…

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An Interview with I. Glenn Cohen on Selling Human Organs

Talks on Law, March 2015
Joel Cohen interviewing I. Glenn Cohen (Faculty Director)

Faculty Director I. Glenn Cohen joins Joel Cohen from Talks on Law to discuss selling human organs. With millions of Americans waiting for life saving organ transplants, why are human organ sales criminally…

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“My Body, My Bank”

Texas Law Review, Vol. 93, No. 4, 2015
I. Glenn Cohen (Faculty Director)

Abstract:       This essay reviews Kara Swanson’s "Banking on the Body: The Market in Blood, Milk, and Sperm in Modern America" (Harvard University Press, 2014) and uses it as an opportunity to interpolate the history and theory of the commodification…

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Supreme Court Will Likely Uphold Affordable Care Act, Law Profs Say

Harvard Crimson, March 9, 2015
Andrew M. Duehren, quoting Einer Elhauge (Faculty Director)

Last week’s oral arguments in King v. Burwell suggest that the United States Supreme Court will uphold the Affordable Care Act, according to several Harvard Law School. The case calls into question the tax subsidies for health insurance provided…

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Opening shots fired in Obamacare Supreme Court battle

The Washington Times, March 3, 2015
Tom Howell Jr., quoting Matthew Lawrence (Academic Fellow)

From the article: Congressman Paul Ryan and other influential Republicans sketched out plans Tuesday for how they'd deal with a Supreme Court ruling that cancels Obamacare's subsidies in many of the states, saying they could use such a decision to create a…

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What Working Parents Really Want

Fast Company, March 3, 2015
Stephanie Vozza, quoting I. Glenn Cohen (Faculty Director)

From the article: Last year, Apple and Facebook both announced that they would cover egg freezing as a benefit for female employees. If you’re a woman who is considering postponing parenthood, this perk might be enticing, but the majority…

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Petrie-Flom Event Review: An opening for measles: Anti-vaccination trend a growing concern

Harvard Gazette, February 27, 2015
Colleen Walsh

[...] The recent California outbreak has reignited debates about balancing the public welfare while safeguarding civil liberties. A panel of experts convened atHarvard Law School on Wednesday to discuss the return of measles and explore the legal, ethical, and public health issues surrounding…

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Identified Versus Statistical Lives: An Interdisciplinary Perspective

Social Science Research Network, February 27, 2015
Edited by I. Glenn Cohen (Faculty Director), Norman Daniels, Nir Eyal

Identified Versus Statistical Lives: An Interdisciplinary Perspective (Oxford University Press, 2015) is an edited volume that addresses the identified lives effect, which describes the fact that people demonstrate a stronger…

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Hospital-Based Active Shooter Incidents: Sanctuary Under Fire

JAMA, February 26, 2015
Eli Y. Adashi, MD, MS; Hans Gao, BA; I. Glenn Cohen, JD (Faculty Director)

Petrie-Flom Faculty Director I. Glenn Cohen has published a new co-authored article in the The Journal of the American Medical Association on active shooter incidents in hospital settings.…

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Patients with Passports: Medical Tourism, Law, and Ethics

Carnegie Council for Ethics in International Affairs, February 24, 2015
Robert Klitzman, leading discussion with I. Glenn Cohen (Faculty Director)

Live Webstream Watch the event live online! Description Medical tourism is a growing, multi-billion dollar industry involving millions of patients who travel abroad each year to get health care. Some…

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Medical Tourism, Access to Health Care, and Global Justice

Health Law & Human Rights, Vol. 1, Issue 1, 2015
I. Glenn Cohen (Faculty Director)

Abstract: Medical tourism – the travel of patients from one (the “home”) country to another (the “destination”) country for medical treatment – represents a growing business. A number of authors have raised the concern that medical tourism reduces…

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Effect of Patient and Therapist Factors on Suicide Risk Assessment

Death Stud, February 12, 2015
Noah C. Berman PhD, Abigail Stark BA, Allison Cooperman BA, Sabine Wilhelm PhD, and I. Glenn Cohen JD (Faculty Director

Abstract: The present study examined how patient risk factors and clinician demographics predict the assessment of suicide risk. Clinicians (N = 333) read two vignettes, one of which manipulated patient risk factors, then rated the patient's likelihood…

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Third Annual Health Law Year in P/Review collaborative blogging with Health Affairs

Petrie-Flom, February 5, 2015

The Third Annual Health Law Year in P/Review was a big success!  Video will be posted on our website shortly, but our presenters will be posting on their respective topics in a collaborative…

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Joining Forces: A Story of Science and Religion in Rural Ghana: A lecture by Student Fellow Lauren Taylor

Humanist Community at Harvard, February 1, 2015

How do science and religion interact in the delivery of mental health care in one region of Ghana? Lauren Taylor will guide a discussion about the value and limits of "taking religion seriously" in efforts to…

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Interview with Faculty Director I. Glenn Cohen about “Patients with Passports”: Cohen paints a picture--a mural--of the many kinds of medical tourism

Jefferson Public Radio (Oregon), January 5, 2015
Geoffrey Riley and Charlotte Duren

If your doctor won't recommend a medical procedure you want, you can go to another doctor.  But would you travel to another country for the procedure?  And how about if your insurance required you to travel abroad for medical work?  It happens in today's…

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Traveling patients, traveling disease: Ebola is just the tip of the iceberg

OUPblog, December 14, 2014
I. Glenn Cohen (Faculty Director)

Many in the media and academia (myself included) have been discussing the Ebola crisis, and more specifically, the issues that arise as Ebola has traveled with infected patients and health care workers to the United States and infected other US citizens. These discussions have been fascinating…

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The Routledge Companion to Bioethics

Routledge, December 11, 2014
Edited by John D. Arras, Elizabeth Fenton, Rebecca Kukla, featuring I. Glenn Cohen (Faculty Director)

The Routledge Companion to Bioethics is a comprehensive reference guide to a wide range of contemporary concerns in bioethics. The volume orients the reader in a changing landscape shaped by globalization, health disparities, and rapidly advancing technologies. Bioethics has begun a turn…

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The Changing Regulation of Laboratory-Developed Tests: New Challenges and New Opportunities

Genomic Medicine Case Conference (GMCC) at Massachusetts General Hospital, November 14, 2014
Rachel Sachs (Academic Fellow)

On November 14, 2014, Academic Fellow Rachel Sachs delivered a talk on the topic of the FDA’s intent to regulate LDTs following the draft guidelines that will be published in the coming months.…

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