Does HIPAA preempt state law claims related to privacy of individually identifiable health information?

By Cullen Archer for BiolawToday.org.   Introduction The Supremacy Clause provides that the Constitution, and Laws and Treaties made pursuant to it, “shall be the supreme Law of the Land.”[1] Accordingly, if there is a conflict between federal law and state law, the latter is preempted. The difficulty is determining whether state or local law should […]

Capital Punishment, Medical Science, and 10th Circuit States

By Danny Barber for BiolawToday.org blog: In April of last year, Oklahoma gained unfortunate notoriety when its lethal injection procedures failed to adequately sedate Clayton Lockett. The execution required over forty minutes to complete.[1] It was explained afterwards that one of the drugs in the lethal mixture failed to enter the inmate’s bloodstream, and ultimately failed […]

Law and Biomedicine Colloquium

The Law and Biomedicine Colloquium brings together scholars, practitioners in our community, law students, and law faculty for seminar-style discussion of complex and controversial topics in the field. We are excited to be welcoming four distinguished scholars from other law schools in the region, as well as leaders in legal practice in law and the […]

D.D.C. rejects DOL regulations requiring minimum wage and overtime for many home health aides

By Leslie Francis for BiolawToday.org.  First posted on LawProfBlog, January 19, 2015 – In a pair of recent decisions, the U.S. District Court for the District of Columbia has struck down Department of Labor (DOL) regulations designed to provide wage protections for home care workers.  Challenging the regulations were the Home Care Association of America […]

Law and Biomedicine Colloquium

The Law and Biomedicine Colloquium brings together scholars, practitioners in our community, law students, and law faculty for seminar-style discussion of complex and controversial topics in the field. We are excited to be welcoming four distinguished scholars from other law schools in the region, as well as leaders in legal practice in law and the […]

Pradaxa and the FDA’s Expedited Approval Process – A Public Health Dilemma

By Daniel Goaslind for the BiolawToday.org Blog.  Nearly four years ago one of my best friends and a man whom I greatly respected—my grandfather—died tragically at age eighty-three. In excellent health, he was on his way to a meeting for the Boy Scouts of America when he suffered a ground-level fall and hit his head. In […]

Law Review Symposium 2014

Legal Borders and Mental Disorders The Challenge of Defining Mental Illness 8:30 a.m. – 3:00 p.m., Sutherland Moot Courtroom, S.J. Quinney College of Law What counts as a mental disorder? Is it when your behavior is statistically unusual, when it impairs your functioning, or when others think it is antisocial? We can define mental illness […]

The Fifth Circuit, Federalism, and Undue Burdens on Abortion

By Leslie Francis reprinted from HealthLawProf Blog On July 29, 2014, the U.S. Court of Appeals for the Fifth Circuit issued an as-applied ruling in a case involving Mississippi’s statute requiring that all physicians affiliated with a Jackson clinic providing abortion services have admitting and staff privileges at local hospitals.  All local hospitals were unwilling to grant […]

Reading Hobby Lobby narrowly

By Leslie Francis reprinted from HealthLawProf Blog   I write this post with more than a little trepidation; I’m as unhappy as anyone about what the Court made of the Religious Freedom Restoration Act last week.  Nonetheless, given the current state of play, I’ve tried to see whether there are any ways to try to limit the […]

PCAST, Big Data, and Privacy

By Leslie Francis reprinted from HealthLawProf Blog The President’s Council of Advisors on Science and Technology (PCAST) has issued a report intended to be a technological complement to the recent White House report on big data. This PCAST report, however, is far more than a technological analysis—although as a description of technological developments it is wonderfully […]