Journal of law and health最新文献

Patent Pending: How the Current Patent Utility Requirement Hinders Biotechnological Innovation. 专利申请：现行专利效用要求如何阻碍生物技术创新。

Journal of law and health Pub Date : 2026-01-01

{"title":"Patent Pending: How the Current Patent Utility Requirement Hinders Biotechnological Innovation.","authors":"","doi":"","DOIUrl":"","url":null,"abstract":"The legal system is always playing catch up to adapt to new legal landscapes, doctrines, and technology; however, patent law needs help to compete with biotechnological research in the race towards innovation. Biotechnological research in the realm of human health and medicine often involves the use of therapeutic drugs. The field of healthcare biotechnology takes biological systems and processes and generates novel, creative solutions to a number of human health conditions. However, the translation process for a new drug, therapy, or process is long and expensive which requires investors to help the researchers and scientists move their creations from inception to universal use. The United States Patent and Trademark Office has updated their criteria to accommodate the unique nature of biotechnological research, but the United States Court of Appeals for the Federal Circuit has not followed suit. The Court's stringent application of the utility requirement in patent law precludes numerous biotechnological processes and products from patent protection. Changing the Court's standard of interpretation will spur further innovation in the biotechnological field as researchers and scientists will receive necessary financial backing with the knowledge that patent protection is possible for their creations.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"39 2","pages":"131"},"PeriodicalIF":0.0,"publicationDate":"2026-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147730853","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}

引用次数: 0

Online Voting: Should Ohio Adopt Online Voting for Voters with Disabilities? 在线投票：俄亥俄州应该为残疾选民采用在线投票吗？

Journal of law and health Pub Date : 2026-01-01

{"title":"Online Voting: Should Ohio Adopt Online Voting for Voters with Disabilities?","authors":"","doi":"","DOIUrl":"","url":null,"abstract":"This Note argues that Ohio should implement a limited online voting system for voters with disabilities in order to expand meaningful access to the voting while preserving election integrity. Drawing on the Americans with Disabilities Act, the Rehabilitation Act of 1973, the Voting Rights Act of 1965, and the Help America Vote Act, this Note contends that Ohio's current absentee voting framework continues to impose substantial barriers on disabled voters by denying many individuals the ability to cast ballots privately, independently, and safely. The Note examines how the COVID-19 pandemic exposed longstanding deficiencies in American voting infrastructure, particularly for disabled and immunocompromised individuals, and accelerated national conversations surrounding electronic ballot return systems. It analyzes Ohio House Bill 458 and related litigation challenging restrictions on absentee ballot assistance, arguing that such limitations disproportionately burden disabled voters despite federal protections guaranteeing equal access to voting opportunities. The Note further evaluates the legal and policy implications of online voting technologies, including concerns regarding cybersecurity, election integrity, and voter fraud. Using Indiana's implementation of a remote accessible ballot-marking system as a case study, this Note demonstrates that narrowly tailored electronic voting programs for disabled voters can be both secure and accessible. Ultimately, this Note proposes that Ohio adopt a pilot online voting program for certain disabled voters-particularly individuals who are blind, visually impaired, or physically unable to independently mark or return paper ballots. By doing so, Ohio could reduce voter suppression, increase accessibility and voter participation, and better align its election laws with the guarantees of federal disability rights legislation.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"39 3","pages":"227"},"PeriodicalIF":0.0,"publicationDate":"2026-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"148260578","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}

引用次数: 0

Roads to Regulation: A Discussion on Non-State Armed Groups' International Health Law Obligations. 管制之路：讨论非国家武装团体的国际卫生法义务。

Journal of law and health Pub Date : 2026-01-01

{"title":"Roads to Regulation: A Discussion on Non-State Armed Groups' International Health Law Obligations.","authors":"","doi":"","DOIUrl":"","url":null,"abstract":"Non-state actors can look and operate like governments, yet without formal statehood, they exist in a regulatory gray area. Non state actors play an increasingly influential role in international law, yet they remain largely unregulated. This paper examines non-state actors as a class, with particular attention to non-State armed groups (NSAGs), and analyzes the regulatory gap they occupy specifically within international health law. The paper first surveys the rise, diversity, authority, and legitimacy of non-state actors in relation to States, highlighting their growing involvement in governance functions traditionally reserved for States. This paper then introduces the World Health Organization (WHO) and the International Health Regulations (IHR) as the central framework governing global health emergencies, emphasizing that these legally binding obligations apply exclusively to WHO Member States. Lacking formal statehood, nonstate actors lack the legitimacy undergirding UN Member States' international obligations. Through an analysis of WHO's Framework for Engagement with Non-State Actors (FENSA) and its partnership with the International Federation of the Red Cross (IFRC), the paper demonstrates both the benefits and the limitations of existing engagement mechanisms, noting that WHO's narrow definition of non-state actors excludes NSAGs and leaves populations under their control beyond the reach of international health regulation.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"39 2","pages":"148"},"PeriodicalIF":0.0,"publicationDate":"2026-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147730816","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}

引用次数: 0

Betting on the Body: Private Equity Portfolio Funding of Medical Malpractice Litigation and the Financialization of Patient Justice. 押注于身体：医疗事故诉讼的私募股权投资组合资金和患者正义的金融化。

Journal of law and health Pub Date : 2026-01-01

{"title":"Betting on the Body: Private Equity Portfolio Funding of Medical Malpractice Litigation and the Financialization of Patient Justice.","authors":"","doi":"","DOIUrl":"","url":null,"abstract":"Portfolio-level third-party litigation funding in medical malpractice creates conflicts of interest that existing professional responsibility doctrine under Model Rule 1.7 was not designed to address. Unlike single-case consumer funding, which may improve access to justice, portfolio funding aggregates dozens or hundreds of malpractice claims into diversified investment vehicles, optimizing for internal rates of return on the portfolio instead of outcomes for individual plaintiffs. What follows, is the first sustained analysis of this gap. Drawing on clinical and legal perspectives, the analysis distinguishes a single-case from portfolio funding and identifies four portfolio-specific conflicts under MRPC 1.7: the swing-for-the-fences problem, cross-subsidization, information asymmetry, and dualagency conflicts. The last of these arises from private equity's simultaneous ownership of healthcare providers and investment in litigation funds. The analysis then traces a nuclear verdict feedback loop linking portfolio-funded trial strategies to premium escalation and constricted patient access, and proposes a graduated regulatory framework incorporating mandatory disclosure, bright-line prohibitions on funder settlement vetoes, and crossregulatory coordination. Without targeted reform, the financialization of patient recovery will produce systemic costs borne most heavily by the patients the system exists to protect.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"39 3","pages":"167"},"PeriodicalIF":0.0,"publicationDate":"2026-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"148260631","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}

引用次数: 0

Mental Illness, Probation, and Recidivism: Standardizing Uniform Mental Health Docket Legislation in Ohio. 精神疾病，缓刑，和累犯：标准化统一的精神健康立法在俄亥俄州。

Journal of law and health Pub Date : 2026-01-01

{"title":"Mental Illness, Probation, and Recidivism: Standardizing Uniform Mental Health Docket Legislation in Ohio.","authors":"","doi":"","DOIUrl":"","url":null,"abstract":"The rise of Mental Illness diagnoses in the United States unique to the criminal justice system. Specifically in Ohio, individuals with mental illness diagnoses have increased within the criminal justice system leading to the implementation of the Mental Health Court Docket. The Mental Health Docket has led to a decrease in recidivism by providing Defendants with appropriate mental health treatment. Within Ohio there is no universal standard for individuals being admitted into the Docket which has led to inconsistencies throughout the State and restrictive clinical requirements like requiring a diagnosis with psychosis. These inconsistencies contribute to higher recidivism rates and limit access to rehabilitative services designed to address the underlying causes of criminal behavior. To combat recidivism, Michigan applies broad and uniform eligibility standards that emphasize treatment and rehabilitation over incarceration, resulting in substantially lower recidivism rates among participating defendants. This Note examines the development and implementation of Mental Health Dockets in Ohio and compares Ohio's Mental Health Docket with Michigan's Mental Health Docket model under Michigan Legislation § 600. By modeling legislation after Michigan's framework, Ohio can reduce confusion within the court system, increase access to treatment-oriented alternatives to incarceration, and improve procedural fairness for defendants with mental illness. Ultimately, decreasing recidivism, reducing the incarceration of mentally ill individuals, and better serving both public safety and rehabilitation goals within Ohio's criminal justice system.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"39 3","pages":"211"},"PeriodicalIF":0.0,"publicationDate":"2026-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"148260660","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}

引用次数: 0

FDA's New Approval Plan for COVID-19 Vaccines: An Inquiry of "Benefit" Rather than the Statutory Scope of "Safety, Purity, and Potency"? FDA新批准COVID-19疫苗计划：调查“益处”而不是法定范围的“安全性、纯度和效力”？

Journal of law and health Pub Date : 2026-01-01

引用次数: 0

Conversation in My Parlor About Climate Change and the Call to Thoughtful Service by Lawyers with Disabilities. 在我的客厅里谈论气候变化和呼吁残疾人律师周到的服务。

Journal of law and health Pub Date : 2025-01-01

Gary Norman

引用次数: 0

The Ultra (And Nearly Ultra) Locality Rules Persist! Why Continue to Ignore Modern Medicine and Contort the Standard of Care? 极端（和近乎极端）局部性规则持续存在！为什么继续忽视现代医学并扭曲护理标准？

Journal of law and health Pub Date : 2025-01-01

Marc D Ginsberg

引用次数: 0

An Essay on Trailblazing With Service Animals Langer, Pilot, Bowie, and Izzie: Preserving Non-partisan Public Health and the Law. 一篇关于服务性动物兰格、Pilot、鲍伊和伊兹的开创性文章：维护无党派公共卫生和法律。

Journal of law and health Pub Date : 2025-01-01

{"title":"An Essay on Trailblazing With Service Animals Langer, Pilot, Bowie, and Izzie: Preserving Non-partisan Public Health and the Law.","authors":"","doi":"","DOIUrl":"","url":null,"abstract":"A direct correlation exists among humans, their animals, and human health and wellness. This article will focus concisely on law students with disabilities and lawyers with disabilities and how they can be empowered to be trailblazers while remaining healthy and well. Salutogenic Model should be optimized by lawyers with disabilities working at the intersection of animal law, disability law, and public health law. Service animals have positive and salubrious impacts upon their handlers in several ways, including psychosocial health and wellbeing. The Grand Architect (or in my Cherokee tradition, \"great spirit\") continuously partners me with complicated but magnificent dog partners who shape my emotional, physical, and spiritual health and wellness. (This is to mention but three of the seven dimensions of health and wellness.) As one article has indicated, public health advocacy is essential for promoting disability rights and shaping policies that address the unique needs of people with disabilities. Disability law and public health law, policy, and research, should be harmonized thereby designing and implementing interventions to empower trailblazers with disabilities to be healthy and well, in spite of social ignorance or insurmountable social prejudice. Arguably, service animals is a powerful public health intervention.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"39 1","pages":"1"},"PeriodicalIF":0.0,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147730818","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}

引用次数: 0

Access to Healthcare for Irregular Migrants. 非正规移徙者获得医疗保健的机会。

Journal of law and health Pub Date : 2025-01-01

引用次数: 0