{"title":"Informed consent and public health: are they compatible when it comes to vaccines?","authors":"Wendy E Parmet","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":73765,"journal":{"name":"Journal of health care law & policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25906657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Old legacies and new paradigms: confusing \"research\" and \"treatment\" and its consequences in responding to emergent health threats.","authors":"Gail H Javitt","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":73765,"journal":{"name":"Journal of health care law & policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25906656","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper addresses the question of whether alcohol and tobacco are "gateways" for cannabis use. To investigate this the relationships between the starting rates in the use of alcohol, tobacco, and cannabis are analyzed. The starting rate for cannabis use appears to be higher for smokers and lower for users of alcohol. Indeed, tobacco use seems to be a gateway for cannabis use. The main policy conclusion is that measures that reduce smoking will also reduce the incidence of cannabis use.
{"title":"Cannabis Use When it's Legal","authors":"J. van Ours","doi":"10.2139/ssrn.670141","DOIUrl":"https://doi.org/10.2139/ssrn.670141","url":null,"abstract":"This paper addresses the question of whether alcohol and tobacco are \"gateways\" for cannabis use. To investigate this the relationships between the starting rates in the use of alcohol, tobacco, and cannabis are analyzed. The starting rate for cannabis use appears to be higher for smokers and lower for users of alcohol. Indeed, tobacco use seems to be a gateway for cannabis use. The main policy conclusion is that measures that reduce smoking will also reduce the incidence of cannabis use.","PeriodicalId":73765,"journal":{"name":"Journal of health care law & policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79092145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Pelvic examinations under anesthesia: an important teaching tool.","authors":"Jennifer Goedken","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":73765,"journal":{"name":"Journal of health care law & policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25850211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Do pregnant women have (living) will?","authors":"Daniel Sperling","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":73765,"journal":{"name":"Journal of health care law & policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25849709","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Autonomy suspended: using female patients to teach intimate exams without their knowledge or consent.","authors":"Robin Fretwell Wilson","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":73765,"journal":{"name":"Journal of health care law & policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25850214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Research involving children: regulations, review boards and reform.","authors":"Rupali Gandhi","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":73765,"journal":{"name":"Journal of health care law & policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25849707","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In 2003 the federal-state Medicaid program provided prescription drug coverage to more than 50 million people. To determine the price that it will pay for each drug, Medicaid uses the average private sector price. When Medicaid is a large part of the demand for a drug, this creates an incentive for its maker to increase prices for other health care consumers. Using drug utilization and expenditure data for the top 200 drugs in 1997 and in 2002, we investigate the relationship between the Medicaid market share (MMS) and the average price of a prescription. Our estimates imply that a 10-percentage-point increase in the MMS is associated with a 7 to 10 percent increase in the average price of a prescription. In addition, the Medicaid rules increase a firm's incentive to introduce new versions of a drug in order to raise price. We find empirical evidence that firms producing newer drugs with larger sales to Medicaid are more likely to introduce new versions. Taken together, our findings suggest that government procurement rules can alter equilibrium price and product proliferation in the private sector.
{"title":"The Distortionary Effects of Government Procurement: Evidence from Medicaid Prescription Drug Purchasing","authors":"M. Duggan, Fiona M. Scott Morton","doi":"10.1093/QJE/121.1.1","DOIUrl":"https://doi.org/10.1093/QJE/121.1.1","url":null,"abstract":"In 2003 the federal-state Medicaid program provided prescription drug coverage to more than 50 million people. To determine the price that it will pay for each drug, Medicaid uses the average private sector price. When Medicaid is a large part of the demand for a drug, this creates an incentive for its maker to increase prices for other health care consumers. Using drug utilization and expenditure data for the top 200 drugs in 1997 and in 2002, we investigate the relationship between the Medicaid market share (MMS) and the average price of a prescription. Our estimates imply that a 10-percentage-point increase in the MMS is associated with a 7 to 10 percent increase in the average price of a prescription. In addition, the Medicaid rules increase a firm's incentive to introduce new versions of a drug in order to raise price. We find empirical evidence that firms producing newer drugs with larger sales to Medicaid are more likely to introduce new versions. Taken together, our findings suggest that government procurement rules can alter equilibrium price and product proliferation in the private sector.","PeriodicalId":73765,"journal":{"name":"Journal of health care law & policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2004-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79607633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Widows - both child and adult in Tanzania, as in many other parts of the world, face discrimination on a regular basis. Such discrimination commonly destroys a woman's ability to live a life outside of poverty. In the face of the suffering and injustice widows endure throughout Africa, and elsewhere, there is no consensus on the importance of changing the customary legal rules relating to widows, and on the larger question of the proper place of customary law and harmful traditional, cultural, and religious practices in the changing African society. Yet practices which hitherto have been taken as settled and widely accepted are now being challenged in the face of the changing socioeconomic conditions in Africa, flagrant human rights violations, the health and human rights movement, and the AIDS epidemic. In many African countries social and legal structures are the result of three coexisting cultural layers: The traditional, the colonial, and the post colonial economic, social, and political structures, rendering unviable the current sustained blanket application of traditional cultural practices unrealistic and unjust to a majority of African women, whose voices are not yet fully represented in national policy debates today. Though family patterns, on which the traditions were based, have drastically changed, customary laws of the past are still applied. While some may argue that the forced entry of African traditional societies into the capitalist economy has been imposed by colonial imperialists, the fact is these changes exist, Africa has been transformed and adaptation is necessary, and an idealization of the traditional past with an extended family that no longer exists in its traditional form is not helpful to creating the responsive institutions for Africa today. The extended family is not a static unit, but a dynamic entity customized by persons to fit their purposes. Customary laws and practices, if ever appropriate can no longer be justified in Africa under the guise of protecting the extended family, even if customary laws and practices were ever reasonable and justifiable in the past. A rejection of the customary rules of inheritance today by the growing women's movement in the continent stems from their inability to deal with changing circumstances in Africa. The impact of colonialism, urbanization, globalization, and the emergence of modern states in the continent have produced irreversible social, cultural, and economic changes in the continent which cannot be readily ignored. Welshman Ncube argues there is no fidelity in reasserting customary laws which are oppressive and politically fabricated for advantage and not even actually based on kinship or the public good. Rather, the concern should be to remake our laws in such a way that they are fair, just and reasonable. African widows have no choices other than those perpetuating the domination of widows by male relatives, e.g., choices to accept her husband's brother as a husband,
{"title":"Widows, Aids, Health and Human Rights in Africa","authors":"Susan von Struensee","doi":"10.2139/ssrn.569665","DOIUrl":"https://doi.org/10.2139/ssrn.569665","url":null,"abstract":"Widows - both child and adult in Tanzania, as in many other parts of the world, face discrimination on a regular basis. Such discrimination commonly destroys a woman's ability to live a life outside of poverty. In the face of the suffering and injustice widows endure throughout Africa, and elsewhere, there is no consensus on the importance of changing the customary legal rules relating to widows, and on the larger question of the proper place of customary law and harmful traditional, cultural, and religious practices in the changing African society. Yet practices which hitherto have been taken as settled and widely accepted are now being challenged in the face of the changing socioeconomic conditions in Africa, flagrant human rights violations, the health and human rights movement, and the AIDS epidemic. In many African countries social and legal structures are the result of three coexisting cultural layers: The traditional, the colonial, and the post colonial economic, social, and political structures, rendering unviable the current sustained blanket application of traditional cultural practices unrealistic and unjust to a majority of African women, whose voices are not yet fully represented in national policy debates today. Though family patterns, on which the traditions were based, have drastically changed, customary laws of the past are still applied. While some may argue that the forced entry of African traditional societies into the capitalist economy has been imposed by colonial imperialists, the fact is these changes exist, Africa has been transformed and adaptation is necessary, and an idealization of the traditional past with an extended family that no longer exists in its traditional form is not helpful to creating the responsive institutions for Africa today. The extended family is not a static unit, but a dynamic entity customized by persons to fit their purposes. Customary laws and practices, if ever appropriate can no longer be justified in Africa under the guise of protecting the extended family, even if customary laws and practices were ever reasonable and justifiable in the past. A rejection of the customary rules of inheritance today by the growing women's movement in the continent stems from their inability to deal with changing circumstances in Africa. The impact of colonialism, urbanization, globalization, and the emergence of modern states in the continent have produced irreversible social, cultural, and economic changes in the continent which cannot be readily ignored. Welshman Ncube argues there is no fidelity in reasserting customary laws which are oppressive and politically fabricated for advantage and not even actually based on kinship or the public good. Rather, the concern should be to remake our laws in such a way that they are fair, just and reasonable. African widows have no choices other than those perpetuating the domination of widows by male relatives, e.g., choices to accept her husband's brother as a husband,","PeriodicalId":73765,"journal":{"name":"Journal of health care law & policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2004-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75133829","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In order to manage the risks arising from transgenic organisms in Europe, public engagement in policy-making is important. Involving lay people in decision-making is an innovative and developing approach in European policy making and risk analysis. Food risks are a special category of risk, inherent in European culture and society. So the approach in managing the risks from harm should be dealt with sensitively. The challenge lies with the fine balance that needs to be achieved in the European Free Market, and the dynamic nature of biotechnology. It is proposed that European policy making should be more receptive to the needs and desires of the general voting public(s). This can only be achieved by a greater public understanding of technological risks. The present culture of mis- or lack-of-information needs to change.
{"title":"Biotech Foods in Europe: Implementing Risk Analysis","authors":"M. Alami","doi":"10.2139/ssrn.565004","DOIUrl":"https://doi.org/10.2139/ssrn.565004","url":null,"abstract":"In order to manage the risks arising from transgenic organisms in Europe, public engagement in policy-making is important. Involving lay people in decision-making is an innovative and developing approach in European policy making and risk analysis. Food risks are a special category of risk, inherent in European culture and society. So the approach in managing the risks from harm should be dealt with sensitively. The challenge lies with the fine balance that needs to be achieved in the European Free Market, and the dynamic nature of biotechnology. It is proposed that European policy making should be more receptive to the needs and desires of the general voting public(s). This can only be achieved by a greater public understanding of technological risks. The present culture of mis- or lack-of-information needs to change.","PeriodicalId":73765,"journal":{"name":"Journal of health care law & policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2004-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87701589","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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