LATEST LABS NEWS
Book panel: Professor Leslie Francis’ “States of Health”
Sep 03, 2024Professor Leslie Francis and a group of panelists will discuss her new book “States of Health: The Ethics and Consequences of Policy Variation in a Federal System,” written with Professor John Francis, on Sept. 27.
Medical malpractice in the Mountain West: 3L Kiersten Vandervelde recalls her law school experience
Aug 28, 20243L Kiersten Vandervelde grew up in East Tennessee and became fascinated with the law after taking a business law class during her undergraduate studies. Her fate was sealed after speaking with a professor who had a JD degree, and she was thrilled to learn about the S.J. Quinney College of Law.
Supreme Court justice cites Prof. Teneille Brown’s amicus brief in Diaz v. United States case
Jun 21, 2024The U.S. Supreme Court issued its opinion in the case Delilah Guadalupe Diaz v. United States (No. 23-14) on June 20, 2024, finding that the government’s expert witness did not violate Rule 704(b). In her concurring opinion, Justice Ketanji Brown Jackson cited an amicus brief co-written by Professor Teneille Brown.
Professor Leslie Francis co-authors Newsweek and Salt Lake Tribune opinion pieces about reproductive health based on new book
Jun 13, 2024Professor Leslie Francis, an expert in medical ethics, co-authored an opinion piece in The Salt Lake Tribune with her husband, Professor John G. Francis, on the right to interstate movement.
Associate Dean and LABS Director Teneille Brown shares passion for researching and expanding student opportunities
May 21, 2024Teneille Brown, associate dean for research and faculty development and the director of the Center for Law and Biomedical Sciences (LABS), recalls first becoming interested in healthcare law when she was seven and her sister had several open-heart surgeries for a congenital heart defect.
Associate Professor Daniel Aaron centers research on how law shapes life and death
Feb 22, 2024After earning his JD at Harvard Law School, Aaron served as assistant chief counsel at the U.S. Food and Drug Administration and clerked for the U.S. Court of Appeals for the Sixth Circuit with Judge John K. Bush. He says he is proud of the interdisciplinary perspectives he brings to his work.
Hear from health law experts by participating in the Law and Biomedicine Colloquium
Jan 23, 2024Join the Center for Law and Biomedical Sciences (LABS) at the S.J. Quinney College of Law for the Law and Biomedicine Colloquium, which offers semi-weekly seminar-style discussions of health law.
Adjunct Professor Robert Harrison discusses LABS research and ethics focus
Nov 22, 2023Though Assistant Professor Robert Harrison has taught at Utah Law for just one year, he is excited to continue and says the most rewarding part of teaching here is spending his time learning with students.
3L Victoria Tomoko Carrington uses love of science to build a career in patent law
Oct 13, 2022During her time in undergraduate working towards a degree in biochemistry, it was medical school – not law school – that was on Victoria Tomoko […]
Utah Law faculty members present at Law and Society Conference
Jul 18, 2022Multiple faculty members from the University of Utah S.J. Quinney College of Law recently presented at the Global Meeting on Law and Society Conference in […]
Professor Leslie Francis and recent Utah Law grad present at ELSIcon2022
Jun 06, 2022Professor Leslie Francis discussed “Disability Justice and Precision Medicine Across the Lifespan: Towards a Future of Equity and Access” as a speaker for ELSIcon2022. This […]
Utah Law Continues to Host Health Law Experts for the 8th Annual Law and Biomedicine Colloquium
Jan 26, 2022The Center for Law and Biomedical Sciences (LABS) at the S.J. Quinney College of Law continues to explore important health law topics with the 8th Annual Law and Biomedicine […]
Francis to Present at Utah Medicine’s Grand Rounds
Jan 07, 2022Leslie Francis, distinguished Alfred C. Emery Endowed Professor of Law and distinguished professor of philosophy, will co-present at the University of Utah School of Medicine’s 2022 […]
Contreras Elected to American Law Institute
Jan 07, 2022Jorge Contreras, professor at the College of Law and University of Utah presidential scholar, has been elected to The American Law Institute (ALI). Contreras was […]
Utah Law Launches 8th Annual Law and Biomedicine Colloquium
Jan 05, 2022The Center for Law and Biomedical Sciences (LABS) at the S.J. Quinney College of Law recently launched the 8th Annual Law and Biomedicine Colloquium. This unique […]
Utah Law professors present at AALS Annual Meeting
Jan 04, 2022The S.J. Quinney College of Law is honored to recognize the many faculty members who will be presenting or leading section meetings at the Association […]
Professor Teneille Brown named to new Conviction Integrity Unit
Dec 15, 2021Davis County District Attorney Troy Rawlings recently formed a new Conviction Integrity Unit. The purpose of the new unit is to review claims of factual […]
Book Panel: Erika George’s “Incorporating Rights”
Nov 19, 2021Professor of Law Erika George will welcome a group of distinguished panelists on December 9, 2021 to discuss her new book, Incorporating Rights: Taking Stock […]
Book Panel: Jorge Contreras’s “The Genome Defense”
Nov 11, 2021On November 8, Professor of Law Jorge Contreras discussed his new book, The Genome Defense, with Professor of Law Erika George and Dr. Lynn Jorde, […]
Professor Leslie Francis receives service award at Utah judicial conference
Oct 04, 2021Professor Leslie Francis recently received a Service to the Courts Award at the Utah Annual Judicial Conference. She was recognized for her service representing people who are the subject of guardianship proceedings through a special pro bono program of the courts called the Guardianship Signature Program. The GSP connects volunteer attorneys with un-represented respondents in guardianship proceedings.
Professor Jorge Contreras forthcoming book featured by The New York Times
Sep 22, 2021University of Utah S.J. Quinney College of Law Professor Jorge Contreras‘ forthcoming book, The Genome Defense: Inside the Epic Legal Battle to Determine Who Owns […]
Law students aid Professor Contreras in updating important property law resource
Aug 05, 2021The Utah Real Property Law treatise is an important resource for property law in Utah. With property lawyers across the state relying on this treatise, […]
Contreras testifies in Senate subcommittee hearing on protecting patent quality
Jul 01, 2021University of Utah S.J. Quinney College of Law Professor Jorge Contreras testified before the Senate subcommittee about Protecting Real Innovations by Improving Patent Quality. Click […]
George elected to serve on the American Law Institute
Jul 01, 2021University of Utah S.J. Quinney College of Law Professor Erika George was elected as a new member of the American Law Institute. The Institute’s mission […]
“Everyone’s Game.” Bridging the Inventorship Gender Gap
Mar 29, 2019By Brian Flach “Science is not a boy’s game, it’s not a girl’s game. It’s everyone’s game.” Growing up, I was raised with the belief […]
Protecting Young Athletes From Poor Air Quality
Oct 22, 2018By Maura Murphy for BioLawToday.org As summer comes to an end, many Utahns are finding themselves far more concerned about the poor air quality than […]
A reflection on my Health Law internship experience
Oct 01, 2018By Carlos Quijada for BioLawToday.org When I started studying law, people asked what type of law was I interested in? My response was usually along […]
A New Academic Year for LABS Fellows
Sep 12, 2018By Angela Turnbow Last May, we said a fond farewell to four of our fellows at the S.J. Quinney College of Law’s commencement exercises. We […]
Bench-to-Bedside, More than just a Science Fair
May 30, 2018By Jason Perry for BioLawToday.org On April 9, 2018, students from the University of Utah took the state capitol building by storm for the 8th […]
Summit Addresses Opioid Crisis in Utah
May 16, 2018By Angela Turnbow for BioLawToday.org The Center for Law and the Biomedical Sciences, the Honors College, and the Program in Medical Ethics and Humanities at […]
The Handmaid’s Tale and Woman’s Health
Mar 14, 2018By Jessica Van Wagoner for BioLawToday.org By now almost everyone has heard about The Handmaid’s Tale. The Hulu original series, based on the book by […]
Gun Violence Research in America
Feb 28, 2018By Carlos Quijada for BioLawToday.org The US is experiencing frequent mass shootings and gun violence, and we don’t seem to know why. In 2015, the […]
Working the Accommodation Puzzle: A Year in the Life of a Student Researcher
Feb 15, 2018By Katie Cox for BioLawToday.org Truth be told, I sort of stumbled into the field of disability law and have quickly discovered a passion for […]
Biosimilars, Shall We Do the Patent Dance?
Jan 24, 2018By Erika Hanson The Affordable Care Act (ACA) is widely known for mandating health insurance coverage. Many of us don’t know that ACA also provided […]
2018 Law and Biomedicine Colloquium Series
Jan 10, 2018By Angela Turnbow The Center for Law and Biomedical Sciences will kick-off their 4th annual Law and Biomedicine Colloquium series beginning Wednesday, January 10th with […]
Patents and Tribal Sovereign Immunity
Oct 23, 2017By Carlos Quijada for BioLawToday.org The pharmaceutical company Allergan recently assigned its patents on eye medication Restasis to the Saint Regis Mohawk Tribe, which agreed […]
New Research May Help Save Athletes’ Brains
Oct 09, 2017By Maura Murphy As we enter week 5 of the National Football League (NFL) season, there is immense controversy over whether players should kneel during […]
Hold Your Horses! Donating Blood Over Time Is Just as Important as Donating After Disasters
Sep 07, 2017By Brian Flach for BioLawToday.org By now, everyone has seen the fallout of Hurricane Harvey. The acts of heroism, the widespread destruction, but most importantly, […]
Is There a Fourth Amendment Expectation of Privacy in Prescription Records? According to the Utah District Court, Maybe Not
Aug 01, 2017By Leslie Francis, as originally posted on Harvard Law School’s Bill of Health blog. It might come as a surprise to many in the United […]
The Clean Air Act: Improving public health at an affordable cost
Apr 17, 2017By Michael Squires At its core, the Clean Air Act (CAA) is a health care statute. Congress found that “the growth in the amount and […]
President Trump’s Proposed Budget Cuts to the National Institutes of Health
Apr 03, 2017By Alexis Juergens for BioLawToday.org. President Trump released his preliminary 2018 budget plan on March 15th. While the budget plan proposes decreased federal funding in […]
Reproductive rights and equality under challenge in the U.S.
Mar 13, 2017By Leslie Francis, originally posted on OUPblog. For the over 40 years since the U.S. Supreme Court’s decision in Roe v. Wade that people have a constitutionally […]
Governing Digitally Integrated Genetic Resources
Mar 08, 2017By Jorge Contreras for BiolawToday.org. In a recent case, a French research institute agreed to share the benefits arising from a drug patent with an indigenous […]
New research explores impact of broadening CRISPR patents
Mar 03, 2017New research published by University of Utah S.J. Quinney College of Law Associate Professor Jorge Contreras in the journal Science proposes that universities currently holding CRISPR […]
Melinda Fagan on The Battle for CRISPR
Mar 01, 2017By Justin R. Hamady for BiolawToday.org. On October 20th, the Center for Law and Biomedical Sciences at the S.J. Quinney College of Law, hosted guest […]
Children’s School Lunches: Their History and Potential Future
Feb 02, 2017By Alexis Juergens for BiolawToday.org. In 1946, Congress passed the National School Lunch Act. This act states that “It is hereby declared to be the […]
President Trump Reinstates the Mexico City Policy a.k.a “Global Gag Rule”
Jan 30, 2017President Trump Reinstates the Mexico City Policy a.k.a “Global Gag Rule”: Is this constitutional under USAID v. Alliance for Open Society? By Kendra Brown for […]
First Major Revision to Common Rule for Human Subjects Research Released
Jan 20, 2017On January 18, 2017, the Obama Administration finalized the first major overhaul of the so-called Common Rule for human subjects research which was first adopted […]
MRI Machines and Patentability
Jan 10, 2017By Steven Swan for BiolawToday.org. Here at the Center of Law and Biomedical Sciences, we are committed to addressing the ever-changing legal landscape in “areas […]
Smile – You’re on Camera!
Nov 18, 2016By Anikka Hoidal for BiolawToday.org. On October 17th, students and professionals from fields including medicine, physical therapy, nursing, philosophy, and law gathered to discuss the ethical […]
Is Three A Crowd? Navigating Tri-Parent Procreation
Oct 26, 2016By Kylie Orme for BiolawToday.org In September, news broke regarding the birth of the first baby conceived using three parents’ DNA. The baby was born […]
Humana Leaves the Utah Healthcare Marketplace
Oct 04, 2016By Kendra Brown for BiolawToday.org In the wake of Cigna and United Health Care exiting the national healthcare market, on August 24, 2016, Humana announced […]
Demystifying the patent process for startups and first-time investors
Sep 30, 2016By Steven Swan for BiolawToday.org. Hey startups and first-time inventors, congratulations and thank you for furthering society! I hope your ideas come to fruition and […]
Leviathan in the Commons – Biomedical Data and the State
Sep 26, 2016By Professor Jorge Contreras for BiolawToday.org. As “big data” analytical techniques become increasingly prominent in biomedical research, attention is being drawn to the generation and […]
David Duncan on being a LABS Student Fellow
Sep 22, 2016By David Duncan for BiolawToday.org. In my second year of law school (2L), I was a Biolaw Fellow for the S.J. Quinney College of Law, […]
Kendra Brown on being a LABS Student Fellow
Jun 13, 2016By Kendra Brown for BiolawToday.org. For the 2015-2016 academic year I had the incredible opportunity to work as a Biolaw Fellow for the Center for […]
Anikka Hoidal on being a LABS Student Fellow
Jun 13, 2016By Anikka Hoidal for BiolawToday.org. Being a fellow is the most rewarding experience of my law school career. This year I had the opportunity to work […]
Spotlight: Bench to Bedside Competition Night
Apr 27, 2016By Austen Paulsen for BioLawToday.org. This year, the University of Utah’s Center for Medical Innovation (CMI) hosted the 6th annual Bench to Bedside competition on […]
Brown submits comment on CMS proposed rule-making
Apr 25, 2016Professor Teneille Brown submitted a comment on CMS proposed rule-making related to Medicare reimbursement for Part B drugs. Center for Law and Biomedical Sciences fellows […]
Utah Enacts the Nonpatient Cause of Action
Apr 18, 2016By Kendra Brown for BioLawToday.org. In the 2016 general session, the Utah Legislature enacted the Nonpatient Cause of Action.[1] This statute recognizes a special […]
Pre-Competitive Collaboration in the Biopharma Industry
Apr 11, 2016by Jorge Contreras for BiolawToday.org. As costs rise and concerns grow about the pace of pharmaceutical innovation, both federal agencies and industry participants have turned […]
Genetic Discrimination: Why We Should Expand GINA
Apr 05, 2016By Anikka Hoidal for BiolawToday.org. The Department of Justice recently filed an amicus brief in a case plaintiffs, the Chadams, are appealing to the Ninth Circuit.[1] […]
USPTO visits the S.J. Quinney College of Law
Mar 18, 2016By Thomas Woodland for BiolawToday.org On Friday, March 4, 2016, judges from the Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board […]
A Great Compromise: Utah’s Bill to Require Education for Exemption from Vaccination
Feb 29, 2016By Austen Paulsen for BiolawToday.org. There is currently a bill before the Utah House of Representatives, House Bill 221 Immunization of Students Amendments, which would […]
Winning the Battle; Losing the War: The Federal Government’s Hindrance of Medical Marijuana Legalization
Feb 20, 2016By Kylie Orme for BiolawToday.org This week, the Utah Senate will vote on legalizing medical marijuana in the Beehive state. Currently, Utah only allows the […]
Vermont Awaits Ruling on Whether ERISA Preempts the State’s Health Information Reporting Mandate
Jan 21, 2016By Danny Barber for BiolawToday.org On December 2nd 2015, the Supreme Court heard arguments in Gobeille v. Liberty Mutual Insurance Company.[1] The legal issue presented by […]
180 Degrees: Birth Control Packaging Error Turns Life Upside Down for Plaintiffs
Dec 11, 2015By Anikka Hoidal for BiolawToday.org. In 2011, Qualitest, a manufacturer of generic medications, recalled a number of birth control packages after discovering a packaging error. Pills […]
Continued Efforts Toward More Effective Healthcare
Dec 09, 2015By Courtney Neves for BiolawToday.org. Much has been written about the role of Accountable Care Organizations (“ACO’s”) in health care reform, but few of us have […]
The Slippery Slope of Hobby Lobby Already at the Supreme Court’s Door
Nov 23, 2015By Kendra Brown for BiolawToday.org. The United States Supreme Court has agreed to hear another challenge to the Affordable Care Act’s (ACA) preventive care […]
There Will Be Blood
Nov 17, 2015By Kylie Orme for BiolawToday.org. Several weeks ago, Judge Wiggins, a circuit court judge in Marion, Alabama, sparked controversy when he told a courtroom full […]
The Price of Health Privacy in Sports
Nov 12, 2015By Travis Walker for BiolawToday.org. Part of the digital age is access to information. For sports fans this includes updates on players and strategy that […]
When is a Covenant just a Covenant? Of Meso, Newman and Transactions with Patents
Nov 11, 2015Originally posted on New Private Law blog by Jorge Contreras. BiolawToday.org. A petition for certiorari was recently filed with the Supreme Court in Meso Scale Diagnostics LLC v. Roche Diagnostics GmbH (Del. 2015). […]
When a Patent is Not Enough: A Summary of the October 20th Presentation by Randy Ross
Nov 09, 2015By Leslie Francis for BiolawToday.org. On October 20th, the Center for Law & Biomedical Sciences was delighted to host a talk by C. Randolph (Randy) […]
Patent Trolls and the “Presumption of Validity”
Nov 03, 2015By Dave Duncan for BiolawToday.org. Should the “presumption of validity” regarding issued patents be reversed? A patent application goes through an extensive examination process at […]
Abilify’s Adherence Sensor: Thoughts to Consider in the Regulatory Process
Oct 29, 2015By Anikka Hoidal for BiolawToday.org. Abilify is a medication frequently used to treat schizophrenia and bipolar disorder. Japan-based Otsuka Pharmaceutical Company developed the drug. Otsuka has […]
Federal Circuit Rules Against the University of Utah in Joint Inventorship Case
Oct 16, 2015By Austen Paulsen, Class of 2016, for BiolawToday.org In a battle over the inventorship of a group of patents known as “the Tuschl-II Patents,” Judge […]
ACA Subsidies Live On
Oct 13, 2015ACA subsidies live on – King v. Burwell Decision surprisingly does not turn on Chevron analysis but predicted to still have a strong impact on […]
Turing Backs Down in the Face of Social Media Pressure, Not Law
Sep 28, 2015By Teneille Brown for BiolawToday.org. Teneille Brown is a professor of law and adjunct professor of Internal Medicine at the University of Utah. Social media […]
Reflections on Donut Hole: Life in the Medicaid Coverage Gap – Part 2
Sep 18, 2015By 2L Kendra Brown for BioLawToday.org. As a summer project, medical students Spencer Merrick and John Sanchez created a film, Donut Hole: Life in the […]
Reflections on Donut Hole: Life in the Medicaid Coverage Gap – Part 1
Sep 18, 2015By Kylie Orme for BioLawToday.org. This month, the Alliance for a Better Utah and the Center for Law and Biomedical Sciences premiered the new film […]
HHS Proposes Update to Rules Governing Research on Study Participants
Sep 02, 2015HHS announces proposal to update rules governing research on study participants. Proposed changes enhance protections for individuals involved in research, while modernizing rules and improving efficiency. […]
The US 2020 HIV/AIDS Strategy and the Limits of ACA
Aug 04, 2015By Leslie Francis for BiolawToday.org, originally posted on Harvard Law “Bill of Health” blog. On July 30, the White House announced the updated 2020 HIV/AIDS […]
Medicaid Reimbursement Problems: Who Can Challenge Low Rates?
Jun 08, 2015By Leslie Francis for BiolawToday.org. The Supreme Court decided Armstrong v. Exceptional Child Center on March 31, 2015, http://www.supremecourt.gov/opinions/14pdf/14-15_d1oe.pdf. The decision has not garnered significant publicity (at least, […]
Developments of Interest on the Health IT Front Part 3: the 21st Century Cures Act
Jun 05, 2015By Leslie Francis for BiolawToday.org. First posted on HealthLawProfBlog. Part 3 of a three-part series. Read Part 1 | Read Part 2 The CURES bill, HR6, https://www.opencongress.org/bill/hr6-114/text, was […]
Developments of Interest on the Health IT Front Part 2: EHR Certification 2015 NPRM
Jun 02, 2015By Leslie Francis for BiolawToday.org. First posted on HealthLawProfBlog. Part 2 of a three-part series. Read Part 1 | Read Part 3 HHS published the NPRM for the 2015 edition of […]
Developments of Interest on the Health IT Front Part 1: Meaningful Use NPRM
Jun 01, 2015By Leslie Francis for BiolawToday.org. First posted on HealthLawProfBlog. Part 1 of a three-part series. Read Part 2 | Read Part 3 The NPRM on Meaningful Use (MU) […]
Does HIPAA preempt state law claims related to privacy of individually identifiable health information?
May 19, 2015By 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 […]
Forget Me Not: An Overview of the Right to Remove or Protect Personal Information
May 11, 2015By Travis Walker for BiolawToday blog This spring faculty from the Center for Law and Biomedicine[1] at the S.J. Quinney College of Law discussed a […]
Spotlight on the Bench to Bedside Competition
May 04, 2015By Austen Paulsen for BiolawToday blog. On Wednesday, April 8th, the Center of Medical Innovation hosted the 5th annual Bench to Bedside Competition Night. As […]
The Donation Ban on Gay Blood
Apr 30, 2015By Travis Walker for the BiolawToday.org blog. Last December the Food and Drug Administration announced its intention to modify regulations for gay blood donors. Under […]
Capital Punishment, Medical Science, and 10th Circuit States
Apr 23, 2015By 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. […]
U.S. Supreme Court Holds Clear Error to be the Standard of Review for Factual Findings Underlying Claim Construction
Apr 20, 2015By Austen Paulsen for BiolawToday.org In a decision answering the long-vexing question of what standard of review appellate courts should apply when reviewing a lower court’s […]
Property Rules and Liability Rules for Genetic Data
Mar 31, 2015By Jorge L. Contreras for BioLawToday.org, originally posted on Balkin.com. For the Innovation Law Beyond IP 2 conference, March 28-29 at Yale Law School In 2009, the Texas […]
Canadian Court Holds Blanket Criminalization of Assisted Suicide Unconstitutional
Feb 10, 2015By Professor Leslie Francis for healthlawprofblog. In a much-awaited decision, the Canadian Supreme Court on Friday held that Canada’s statutes criminalizing aiding suicide violated the […]
D.D.C. rejects DOL regulations requiring minimum wage and overtime for many home health aides
Jan 20, 2015By 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 […]
ACA Subsidy Challenge
Jan 15, 2015By Micah Vorwaller for BiolawToday.org. ACA Subsidy Challenge – Statutory Interpretation and Agency Deference Under Chevron On November 7, 2014, the Center for Law and Bioscience […]
Potential Congressional Vindication of Utah Hemp Extract Patients
Dec 12, 2014By Danny Barber for BiolawToday.org blog: In the past few years, the cultural attitudes towards the medical use of hemp extracts and marijuana have greatly changed. […]
To Die, To Sleep – Assisted Suicide and Choice
Dec 08, 2014By Travis Walker for the BiolawToday.org blog. This fall Brittany Maynard moved to Oregon to end her life lawfully. On a quiet Saturday, she took […]
Cutting Cords: The Present State of Wireless Medical Devices
Dec 04, 2014By Austen Paulsen for BiolawToday blog. Medical devices are being increasingly equipped with wireless capabilities. The wireless technology in these devices can be used to […]
Pradaxa and the FDA’s Expedited Approval Process – A Public Health Dilemma
Nov 24, 2014By 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 […]
Ebola Quarantine: Resolving Law with Science
Nov 19, 2014By Cullen Archer for the Center for Law and Biomedical Sciences Blog. The Disease Ebola hemorrhagic fever is a zoonosis[1] caused by a virus of […]
House of Cards – Statutory Interpretation and the Affordable Care Act
Nov 07, 2014By Travis Walker, Law & Bioscience Fellow Lost in the grandeur of National Federation of Independent Business[1] and Hobby Lobby[2] is a provision of the Affordable […]
Starting from Scratch: Building China’s Private Healthcare System
Nov 03, 2014By Daniel Barber for the Center for Law and Biomedical Sciences Blog. Being lost in translation is frustrating, especially when important ideas need to be […]
Determining the Standard of Review for Claim Construction: Supreme Court Holds Oral Argument for Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.
Oct 30, 2014By Austen Paulsen for the Center for Law & Biomedical Sciences blog. The issue in this case is whether the Federal Circuit may set aside findings of […]
HHS Issues Guidance Regarding HIPAA and Same Sex Marriage
Sep 24, 2014By Leslie Francis for HealthLawProfBlog. Under HIPAA, patients’ spouses and other family members have certain rights to access health information. In an important guidance document in the wake of United States […]
Ethical issues in managing the current Ebola crisis
Aug 14, 2014By Leslie Francis reprinted from OUP Blog Until the current epidemic, Ebola was largely regarded as not a Western problem. Although fearsome, Ebola seemed contained to remote corners of Africa, […]
The Fifth Circuit, Federalism, and Undue Burdens on Abortion
Aug 01, 2014By 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 […]
Reading Hobby Lobby narrowly
Jul 08, 2014By 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 […]
PCAST, Big Data, and Privacy
Jun 04, 2014By 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 […]
tenBroek Symposium and Supported Decisionmaking
Apr 28, 2014by Leslie Francis, reprinted from HealthLawProf Blog Every year, the National Federation of the Blind sponsors a symposium on the legal rights of people with disabilities. Named […]
The Delay of ICD-10
Apr 16, 2014by Leslie Francis, reprinted from HealthLawProf Blog As part of the “Protecting Access to Medicare Act of 2014,” Congress provided that DHHS may not set ICD-10 as […]
Supreme Courts Holds Oral Arguments for Sebelius v. Hobby Lobby Stores, Inc.
Apr 03, 2014By Laura Anne On Tuesday, March 25 the Supreme Court heard consolidated oral arguments in a pair of cases, previously blogged about here, in which privately-owned […]
Conard presents at meeting of Idaho Bar Health Law Section
Mar 12, 2014On April 3, 2014, Jane Reister Conard, a mentor attorney associated with the Center for Law and the Biosciences, will present the program at the bi-monthly […]
Webinar “Medical Staff-Hospital Relationships: Diagnosis, Treatment, and Practicing Wellness”
Mar 12, 2014Jane Reister Conard, a mentor attorney associated with the Center for Law and the Biosciences, is presenting at a live webinar, “Medical Staff-Hospital Relationships: Diagnosis, Treatment, and […]
SCOTUS to Hear Reproductive Healthcare Cases: Sebelius v. Hobby Lobby Stores, Inc.
Mar 05, 2014By Laura Anne Taylor The October Term 2013 docket for the U.S. Supreme Court contains only a limited number of cases that directly implicate health law […]
Sperm Switching and Wrongful Conception
Feb 24, 2014By Professor Leslie Francis Information has recently come to light through genetic testing about a case of apparent sperm switching at a laboratory in Utah. […]
A Rundown of the Upcoming Patent Cases Before the High Court This Term
Feb 19, 2014By Shaun Mathur The Supreme Court granted certiorari in an unusually high number of patent cases this term. Below is a brief overview of these […]
Medicaid cutbacks and prescription footwear: Plaintiffs prevail against New York’s cost cutting measures
Feb 10, 2014by Leslie Francis, reprinted from HealthLawProf Blog Pressures to cut back Medicaid benefits continue to be impressive. In a noteworthy decision, New York’s effort to limit funding […]
Update on Texas H.B. 2
Jan 14, 2014by Cullen Archer On January 6, 2014, the Court of Appeals for the Fifth Circuit heard arguments on the merits regarding Texas House Bill 2 […]
Utah Law Forbidding Suits for Negligent Credentialing Against Health Care Providers Does Not Apply Retroactively
Nov 25, 2013by Shaun Mathur The Utah Supreme Court recently held that a state statute prohibiting suits for negligent credentialing against health care providers does not apply retroactively.[1] […]
Health Law – Inquiring Minds Want to Know: What Kind of Law Will You Go Into?
Nov 20, 2013by Jane Reister Conard Just in time for Thanksgiving and the holiday season when you may well be gathering with family, now is the time to […]
October Health Law Section Practice Tip
Oct 31, 2013When Must a Hospital Report Medical Staff Conduct to the NPDB and the Utah DOPL? Understanding Adverse Action and Unprofessional Conduct Reporting Requirements under Federal […]
Screening the Protector?
Oct 30, 2013by Natasha Naylor Vulnerable adults are at increased risk of abuse, neglect, and exploitation by their caregivers.[1] Adult guardianship systems are used to protect incapacitated […]
What’s Happening to HHS with the Shutdown?
Oct 01, 2013by Leslie Francis The federal government shutdown will shutter all non-essential services. Sadly, this means a hiatus for many programs designed to protect public health, […]
Utah Federal District Court Holds Drug Manufacturers Have No Duty to Supply a Drug in Sufficient Quantity to Meet Demand
Sep 27, 2013by Laura Anne Taylor On September 4, 2013, a United States District Court for the District of Utah dismissed a negligence claim against the pharmaceutical […]
Pedicures or Podiatry – Antitrust Violations by State Professional Regulatory Boards
Sep 13, 2013by Cullen Archer The U.S. Court of Appeals for the Fourth Circuit recently determined that the North Carolina State Board of Dental Examiners (“Board”) was […]
Federal Judge Provides Plaintiffs in Medical Device Personal Injury Suits a Mechanism to Avoid Preemption
Sep 05, 2013by Shaun Mather Judge G. Murray Snow of the U.S. District Court for the District of Arizona recently gave plaintiffs in medical device suits a […]
Jane Reister Conard to Co-Present Seminar at Medical Staff Services Annual Conference
Sep 03, 2013Jane Reister Conard, J.D., a health lawyer/mentor associated with the Center for Law and Biomedical Sciences, and her colleague Jeanne F. Franklin, J.D., of Arlington, […]
Utah Medicaid Expansion: A Major Step Toward Ending Homelessness
Aug 07, 2013Utah lawmakers are currently engaged in an in-depth cost/benefit analysis regarding the optional Medicaid expansion made possible by the Affordable Care Act. [1] While some […]
Bowman v. Monsanto: Implications in Health and Biotechnology
Apr 10, 2013By 3L student Ryan Beckstrom, Fellow with the Center for Law and Biomedical Sciences The United States Supreme Court is currently considering the case of agribusiness […]
Supreme Court hears oral arguments in Mutual Pharmaceutical Co. v. Bartlett
Apr 02, 20132L student, Laura Anne Taylor, Fellow for the Center of Law and Biomedical Sciences The Supreme Court heard oral arguments on Tuesday, March 19 in […]
Is This the New “Cola” War?
Mar 22, 2013Jeffrey Enquist, 3L and Student Fellow with the Center for Law and Biomedical Sciences According to new research presented this week at an American Heart […]
The Decision on Soft Drinks in New York City
Mar 13, 2013The papers have been full of handwringing and delight concerning the decision of the New York Supreme Court, Civil Division, New York County, enjoining New […]
Medicaid, Managed Care, and ACOs
Mar 04, 2013Last week, Florida Governor Rick Scott announced that Florida had been granted a waiver to allow greater flexibility in its Medicaid program. Florida sought waivers for its medical […]
Foster Children Extended Coverage Under the PPACA
Feb 12, 2013The provisions of the Patient Protection and Affordable Care Act (“PPACA”) have been rolling out in waves for almost three years. As individual provisions become […]
ONC Survey to Gauge Patient Concerns About Health Data Exchange
Feb 06, 2013The Office of the National Coordinator for Health IT will soon be releasing the results of a survey that inquired into patient concerns about the […]
HHS publishes final HITECH Act, HIPAA changes, and GINA rules
Jan 24, 2013HHS has issued a prepublication copy of modifications to the HIPAA rule required by the HITECH Act and GINA, together with some additional modifications to […]
Protecting Privacy Outside of HIPAA
Dec 20, 2012HIPAA privacy protections, whatever their adequacy, apply only to a set of “covered entities,” largely within the realm of health care treatment and payment for […]
Pain and Personhood
Sep 13, 2012By Professor Teneille Brown The problem with the discourse related to abortion is that we seem to have taken nuanced legal holdings and converted them […]
Part V of a series on proposed changes to the common rule: proposed excused categories
Apr 01, 2012This post serves as the last of the series addressing the Advanced Notice of Proposed Rulemaking for proposed changes to the Common Rule. For those […]
Part IV of a series on proposed changes to the common rule: standardizing informed consent
Mar 31, 2012This post serves as fourth in a series addressing the Advanced Notice of Proposed Rulemaking for proposed changes to the Common Rule. I had the […]
Contagion, terrifying because it’s accurate
Mar 02, 2012By Margaret P. Battin – Leslie P. Francis – Jay A. Jacobson, MD – Charles B. Smith, MD Contagion, the extraordinary film portraying the outbreak […]
Fordham Debate to Consider Constitutionality of Affordable Care Act, February 6
Jan 16, 2012The Affordable Care Act (“ACA”) had been hailed as signature legislation of the Obama administration and vilified as “Obamacare.” The United States Supreme Court has […]
In the news – 11.17.11
Nov 17, 2011In case you’ve been living under a rock, the Supreme Court decided to grant cert to rule on the constitutionality of the Patient Protection and Affordable […]
In the news – 10.30.11
Oct 30, 2011In what has been referred to as “an unbelievable setback for bio-medical research in the area of stem cells,” the European Union’s top court has […]
Part III of a series on proposed changes to the common rule: requiring informed consent for biospecimen research
Oct 11, 2011If you’re just joining us, this post serves as third in a series discussing the ANPRM for proposed changes to the Common Rule. I had […]
Part II of a series on proposed changes to the common rule: background on the common rule and the IRB process
Oct 07, 2011I recently had the opportunity to interview John Stillman, the Director of the Institutional Review Board for the University of Utah, to ask him his […]
In the news – 10.3.11
Oct 03, 2011Baby Joseph, born with degenerative brain disease, died at 20 months old. Baby Joseph had been in a Canadian hospital where his parents refused to have his […]
In the news – 9.23.11
Sep 23, 2011A survey of healthcare industry executives finds that the healthcare industry lacks appropriate patient data safeguards A severe shortage of certain drugs forces hospitals to buy […]
Part I of a series on proposed changes to the common rule: Introduction
Sep 20, 2011The U.S. Department of Health and Human Services has announced an Advanced Notice of Proposed Rulemaking regarding the common rule. The common rule, originally published in […]
In the news – 9.17.11
Sep 17, 2011Here is a small sampling of recent bioethics news stories: HHS Secretary Kathleen Sebelius plans rules making it easier for patients to access their personal electronic […]
Welcome to the BioLaw Project blog!
Sep 15, 2011Welcome to the blog for the University of Utah College of Law BioLaw Project! The BioLaw Project seeks to improve the law as it relates […]