volume 23 issue 2 (2013) - case western reserve university

6
Health Matrix: e Journal of Law- Medicine Volume 23 | Issue 2 2013 Volume 23 Issue 2 (2013) Case Western Reserve Health Matrix: Journal of Law-Medicine Follow this and additional works at: hps://scholarlycommons.law.case.edu/healthmatrix Part of the Health Law and Policy Commons is Front Maer is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Health Matrix: e Journal of Law-Medicine by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Recommended Citation Case Western Reserve Health Matrix: Journal of Law-Medicine, Volume 23 Issue 2 (2013), 23 Health Matrix Iss. 2 (2013) Available at: hps://scholarlycommons.law.case.edu/healthmatrix/vol23/iss2/14

Upload: others

Post on 24-Apr-2022

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Volume 23 Issue 2 (2013) - Case Western Reserve University

Health Matrix: The Journal of Law-Medicine

Volume 23 | Issue 2

2013

Volume 23 Issue 2 (2013)Case Western Reserve Health Matrix: Journal of Law-Medicine

Follow this and additional works at: https://scholarlycommons.law.case.edu/healthmatrix

Part of the Health Law and Policy Commons

This Front Matter is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law ScholarlyCommons. It has been accepted for inclusion in Health Matrix: The Journal of Law-Medicine by an authorized administrator of Case Western ReserveUniversity School of Law Scholarly Commons.

Recommended CitationCase Western Reserve Health Matrix: Journal of Law-Medicine, Volume 23 Issue 2 (2013), 23 Health Matrix Iss. 2 (2013)Available at: https://scholarlycommons.law.case.edu/healthmatrix/vol23/iss2/14

Page 2: Volume 23 Issue 2 (2013) - Case Western Reserve University

THE OLIVER C. SCHROEDER, JR. SCHOLAR-IN-RESIDENCE LECTURE

Mark R. Chassin

Roy G. Spece, Jr.

Dipika Jain f3

Jonathan J. Darrow

Andrew M. Hyer

Katherine Drabiak-Syed

Michelle Reese

Sean D. Lee

Andrew Harvey

Improving the Quality of Health Care: Where Law, Accreditation, and Professionalism Collide

ARTICLES

Direct and Enhanced Disclosure of Researcher Financial Conflicts of Interest: The Role of Trust

An Exploration of Compulsory Licensing as an Effective Policy Tool for Antiretroviral Drugs in India

The Good, the Bad, and the Ugly: The Unnecessarily Broad Impact of Qui Tam Civil False Claims Act Cases on Rural Health Care Providers

Challenging the FDA's Authority to Regulate Autologous Adult Stem Cells for Therapeutic Use: Celltex Therapeutics' Partnership with RNL Bio, Substantial Medical Risks, and the Implications of United States v. Regenerative Sciences

NOTES

Nanotechnology: Using Co-regulation to Bring· Regulation of Modern Technologies into the 21st Century

"I Hate My Doctor": Reputation, Defamation, and Physician-Review Websites

A Proposal for Congressionally Mandated Federal Regulation of Child-Directed Food and Beverage Television Advertisements to Combat Childhood Obesity

Page 3: Volume 23 Issue 2 (2013) - Case Western Reserve University

HEALTH MATRIX:

Journal of Law-Medicine

Volume 23, Issue 2 Fall 2013

SCHOOL OF LAW

CASE WESTERN l<ESERVE UNIVERSI Y

Page 4: Volume 23 Issue 2 (2013) - Case Western Reserve University

Health Matrix is grateful to the Law-Medicine Center at Case Western Reserve University School of Law for its sponsorship of symposia and conferences concerning the latest developments in the area of law and medicine. During the more than fifty years of its operation, the Center has broadened its focus from issues involving forensic medicine to the whole range of legal, social, economic, scientific, and ethical issues in which law and medicine are interrelated.

© 2013 by Health Matrix: Journal of Law-Medicine

Health Matrix: Journal of Law-Medicine (ISSN 0748-383X) is published biannually by the students of Case Western Reserve University School of Law.

Citations conform to The Bluebook: A Uniform System of Citation (19th ed. 2010). Style conforms generally to The Chicago Manual of Style (16th ed. 2010).

Health Matrix welcomes submissions of original articles. Possible topical areas include: legal medicine, health law and policy, professional liability, biomedical ethics, and medical-legal research.

Send correspondence and manuscripts to [email protected] or to:

Health Matrix: Journal of Law-Medicine Case Western Reserve University School of Law 11075 East Boulevard Cleveland, Ohio 44106 Telephone: (~16) 368-2099

Subscriptions may be entered for the entire volume for $27.00 per year for domestic and $29.00 for foreign subscribers. Single issues of the current volume are available for $15.00 plus shipping and handling.

Back issues are available from William S. Rein & Co., Inc., 2350 North Forest Rd., Getzille, New York 14068, or online at www.wshein.com/catalog/114311. Back issues are also available in electronic format at www.heinonline.org.

For all photocopy or republication requests, please contact Copyright Clearance Center, Inc. by mail: 222 Rosewood Drive, Danvers, Massachusetts 01923, by phone: (855) 239-3415, by fax: (978) 646-8600, by e-mail: [email protected], or online at www.copyright.com.

Selected Health Matrix articles are indexed in the National Reference Center for Bioethics Literature, Kennedy Institute of Ethics, Georgetown University, Washington, D.C. Volume 3 and subsequent volumes are indexed in the Index to Legal Periodicals and available on Lexis/Nexis, Thomson, HeinOnline, EBSCO, Gale Group, H.W. Wilson, and PAIS.

This issue went to press in September 2013.

HEALTH MATI

Volume 23

Mana MICHE

Executiv

CHRIS 'I

NATALIE CHEUNG

TREVOR HARDY

BRADLEY HAAS

DANTE ARMIDEO

CHRISTOPHER GREENE

JENNIFER HEIMLICH

NATALIE HEMMERICH

Page 5: Volume 23 Issue 2 (2013) - Case Western Reserve University

mter at Case Western ·ship of symposia and 1 the area of law and operation, the Center ensic medicine to the and ethical issues in

>SN 0748-383X) is e Western Reserve

System of Citation Chicago Manual of

tl articles. Possible l policy, professional ch.

lcase.edu or to:

for $27.00 per year lingle issues of the ?; and handling.

[ein & Co., Inc., 1068, or online at

also available in

contact Copyright l Drive, Danvers, by fax: ( 978) 646-rw.copyright.com.

National Reference titute of Ethics, 3 and subsequent

ls and available on 1le Group, H.W.

HEALTH MATRIX: JOURNAL OF LAW-MEDICINE

Volume 23 Fall 2013

Editor in Chief SEAN D. LEE

Issue 2

Managing Editor MICHELLE REESE

Executive Articles Editor ANDREW HARVEY

Executive Copy Editor CHRISTINA GREER

Publications Editor JEFFREY MASOR

NATALIE CHEUNG

TREVOR HARDY

BRADLEY HAAS

DANTE ARMIDEO

CHRISTOPHER GREENE

JENNIFER HEIMLICH

NATALIE HEMMERICH

Executive Notes Editors ALI LAKHANI

MIRELA TURC

Associate Editors TESSA HELLER

MICHELLE MASOTTO

STAN FORD MOORE

Faculty Advisors SHARONA HOFFMAN

MAXWELL J. MEHLMAN

AMANDA MALY

DANIEL RUDARY

BENJAMIN SATTIN

CAITLIN SANDLEY

JASON SHACHNER

DANIEL TIRFAGNEHU

NORI WIEDER

Page 6: Volume 23 Issue 2 (2013) - Case Western Reserve University

MATRIX: JOURNAL OF LAW-MEDICINE

Fall 2013

THE OLIVER C. SCHROEDER, JR.

SCHOLAR-IN-RESIDENCE LECTURE

Improving the Quality of Health Care: 395 Where Law, Accreditation, and Professionalism Collide

Mark R. Chassin

ARTICLES

Direct and Enhanced Disclosure of Researcher Financial 409 Conflicts of Interest: The Role of Trust

Roy G. Spece, Jr.

An Exploration of Compulsory Licensing as an Effective 425 Policy Tool for Antiretroviral Drugs in India

Dipika Jain f3 Jonathan J. Darrow

Good, the Bad, and the Ugly: The Unnecessarily Broad Impact of 459 Civil False Claims Act Cases on Rural Health Care Providers

Andrew M. Hyer

.vHalleHgm1'> the FDA's Authority to Regulate Autologous Adult 493 for Therapeutic Use: Celltex Therapeutics' Partnership

RNL Bio, Substantial Medical Risks, and the Implications of United States v. Regenerative Sciences

Katherine Drabiak-Syed

NOTES

Nanotechnology: Using Co-regulation to Bring Regulation of 537 Modern Technologies into the 21st Century

Michelle Reese

"I Hate My Doctor": Reputation, Defamation, and 573 Physician-Review Websites

Sean D. Lee

f:>roposal for Congressionally Mandated Federal Regulation of 607 Child-Directed Food and Beverage Television Advertisements

to Combat Childhood Obesity Andrew Harvey

Issue 2