The Journal of Law, Medicine and Ethics This is an RSS file. You can use it to subscribe to this data in your favourite RSS reader or to display this data on your own website or blog.

Medical Versus Fiscal Gatekeeping: Navigating Professional Contingencies at the Pharmacy Counter
This paper theorizes that care provision depends on the set of “contingencies,” or organizational and institutional structures, rules, narratives, and routines, surrounding professional work. Drawing on 95 interviews with U.S. pharmacists, I demonstrate how pharmacists prioritize specific contingencies and reveal how ethical decision‐making depends on both organizational positioning and locus in inter‐professional hierarchies. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Authors: Elizabeth Chiarello Tags: Symposium Articles Source Type: research

The Hair Stylist, the Corn Merchant, and the Doctor: Ambiguously Altruistic
This article challenges the idea that physicians are, or should be, more altruistic than other professionals or other people, and goes so far as to posit that even a professional aspiration of altruism can have negative consequences. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Authors: Lois Shepherd Tags: Symposium Articles Source Type: research

Economism and the Commercialization of Health Care
Those concerned over the excessive commercialization of health care, to the detriment of both professional and patient‐centered values, commonly propose remedies that assume that meaningful change can occur largely within the health care sector. I argue instead that a major shift in the public culture and political discourse of the U.S. will be required if the commercialization of health care is to be adequately addressed. The notion that health and health care are commodities to be bought and sold in the market is encouraged by the ideology that is preferably called economism, though also today labeled neoliberalism, ma...
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Authors: Howard Brody Tags: Symposium Articles Source Type: research

Curing the Disobedient Patient: Medication Adherence Programs as Pharmaceutical Marketing Tools
Pharmaceutical companies have long focused their marketing strategies on getting doctors to write more prescriptions. But they lose billions in potential sales when patients do not take their prescribed drugs. Getting patients to “adhere” to drug therapies that have unpleasant side effects and questionable efficacy requires more than mere ad campaigns urging patients to talk to their doctors. It requires changing patients' beliefs and attitudes about their medications through repeated contact from people patients trust. Since patients do not trust drug companies, these companies are delivering their marketing messages ...
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Authors: Matt Lamkin, Carl Elliott Tags: Symposium Articles Source Type: research

Trust and Transparency: Patient Perceptions of Physicians' Financial Relationships with Pharmaceutical Companies
Financial ties between physicians and pharmaceutical companies are pervasive and controversial. However, little is known about how patients perceive such ties. This paper describes an experiment examining how a national sample of U.S. adults perceived a variety of financial relationships between physicians and drug companies. Each respondent read a single scenario about a hypothetical physician and his financial ties to the pharmaceutical industry; scenarios varied in terms of payment type of (e.g., payment for meals vs. consulting fees) and amount. Respondents then evaluated the physician on several dimensions (e.g., expe...
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Authors: Joshua E. Perry, Dena Cox, Anthony D. Cox Tags: Symposium Articles Source Type: research

Beyond the Market: The Role of Constitutions in Health Care System Convergence in the United States of America and the United Kingdom
Health care reform in the United States (US) and United Kingdom (UK) has resulted in the cross‐fertilization of policy. The “new” health care models adopted by the two jurisdictions utilize free market principles for reasons of quality, efficiency, and cost, but also feature characteristics of a state‐run model, through the provision of a safety net for citizens and a buffer against the commodification of health. In this sense, the health care systems of the US and UK are more congruent than they were. Here we identify two distinct narratives that emerge from health care reform undertaken in these jurisdictions. Th...
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Authors: Jamie Fletcher, Jane Marriott Tags: Symposium Articles Source Type: research

Selling Hospice
Americans are increasingly turning to hospice services to provide them with medical care, pain management, and emotional support at the end of life. The increase in the rates of hospice utilization is explained by a number of factors including a “hospice movement” dating to the 1970s which emphasized hospice as a tool to promote dignity for the terminally ill; coverage of hospice services by Medicare beginning in 1983; and, the market for hospice services provision, sustained almost entirely by governmental reimbursement. On the one hand, the growing acceptance of hospice may be seen as a sign of trends giving substanc...
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Authors: Sam Halabi Tags: Symposium Articles Source Type: research

Between Liberal Aspirations and Market Forces: Obamacare's Precarious Balancing Act
This article explores how the ACA balances liberal aspirations and market principles, and the implications for health reform implementation and the future of U.S. health care. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Authors: Jonathan Oberlander Tags: Symposium Articles Source Type: research

When Worlds Collide: Medicine, Business, the Affordable Care Act and the Future of Health Care in the U.S.
The dialogue about the future of health care in the US has been impeded by flawed conceptions about medicine and business. The present paper re‐examines some of the underlying assumptions about both medicine and business, and uses more nuanced readings of both terms to frame debates about the ACA and the emerging health care environment. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Authors: Andrew C. Wicks, Adrian A. C. Keevil Tags: Symposium Articles Source Type: research

Commercial Pressures on Professionalism in American Medical Care: From Medicare to the Affordable Care Act
Since the passage of Medicare, the self‐regulation characteristic of professionalism in health care has come under steady assault. While Canadian physicians chose to relinquish financial autonomy, they have enjoyed far greater professional autonomy over their medical judgments than their U.S. counterparts who increasingly have their practices micromanaged. The Affordable Care Act illustrates the ways that managerial strategies and a market model of health care have shaped the financing and delivery of health care in the U.S., often with little or no evidence of their effectiveness. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Authors: Theodore R. Marmor, Robert W. Gordon Tags: Symposium Articles Source Type: research

Introduction
(Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - December 1, 2014 Category: Medical Law Authors: Larry R. Churchill, Joshua E. Perry Tags: Symposium Articles Source Type: research

Calendar of Events
(Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - September 26, 2014 Category: Medical Law Tags: Calendar Source Type: research

Laying the Foundation for an Interprofessional, Comparative Health Law Clinic: Teaching Health Law
(Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - September 26, 2014 Category: Medical Law Authors: Diane E. Hoffmann, Chikosa Banda, Kassim Amuli Tags: Columns Source Type: research

What Is an Epidemic?: Currents in Contemporary Bioethics
(Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - September 26, 2014 Category: Medical Law Authors: Jonny Anomaly Tags: Columns Source Type: research

A Policy in Flux: New York State's Evolving Approach to Human Subjects Research Involving Individuals Who Lack Consent Capacity
American history has been rife with human subjects research scandals, particularly those that involve “vulnerable” populations. State and federal laws and regulations often do not provide any special oversight mechanisms or protections to ensure the ethical and safe inclusion of cognitively impaired adults in research. At the New York State level, repeated (and often unsuccessful) efforts have been made to regulate research involving individuals who lack consent capacity. In January 2014, the New York State Task Force on Life and the Law released its Report and Recommendations for Research with Human Subjects Who Lack ...
Source: The Journal of Law, Medicine and Ethics - September 26, 2014 Category: Medical Law Authors: Valerie Gutmann Koch Tags: Independents Source Type: research