Browsing by Subject "law"

Now showing 1 - 7 of 7
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    Constitutional Constructivism: Possibilities and Prospects
    (2015) Wright, R. George; Robert H. McKinney School of Law
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    Innovations in Opioid Law and Policy Interventions Workshop: Summary of Proceedings
    (Indiana University, 2018-08-31) Terry, Nicolas P.; Silverman, Ross D.; Hoss, Aila; Beukema, Emily
    In 2017, Indiana University, in cooperation with Indiana Governor Eric Holcomb and community partners, launched the Grand Challenge: Responding to the Addictions Crisis initiative, a university-wide effort to advance interdisciplinary research and interventions in response to the substance abuse crisis affecting Indiana and the nation. The “Legal and Policy Best Practices in Response to the Substance Abuse Crisis” project is one of sixteen funded under Phase 1 of the Grand Challenge. In July 2018, and as part of this project, the research team convened a group of national experts to discuss legal and policy innovations to respond to the opioid use disorder (OUD) crisis. This report summarizes the proceedings of this workshop and updates some of the recommendations made by the team in their March 2018 Preliminary Report. During the workshop, experts answered targeted questions relating to the challenges in implementing law and policy recommendations to respond to the addiction crisis, as well as identified gaps in the current research. Participants provided examples of innovative interventions to respond to this crisis across four primary topic categories: (1) Criminalization; (2) Public Health; (3) Treatment; and (4) Effectuating Change.
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    Persecution of Particular Social Groups and the Much Bigger Immigration Picture
    (2014) Wright, R. George; Robert H. McKinney School of Law
    Often, aliens seek what is called discretionary asylum, which requires that they show “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” While virtually every word of this requirement is of doubtful meaning and scope, the focus of this Article will be on the idea of persecution based specifically on “membership” in a particular group. Defining, for practical purposes, the idea of a “particular social group” has proven to be remarkably difficult, as is evidenced by widespread official illogic and dubious public policy.
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    Portraits in Professionalism: When Radiologists Break the Law
    (Elsevier, 2018-05) Gunderman, Richard B.; Radiology and Imaging Sciences, School of Medicine
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    Protecting Patient Privacy in the Age of Big Data
    (2012) Terry, Nicolas P.
    This essay discusses the threats to health privacy posed by “big data;” an ongoing revolution in data collection and processing. The essay takes the position that big data poses an exceptional group of problems for health care, its providers, researchers, and patients. Faced with increased privacy risks an exhaustive overhaul of HIPAA/HITECH is not proposed. Rather, this essay suggests an incremental approach, adopting aspects of the recent privacy proposals published by the White House and the Federal Trade Commission. The essay suggests that the battle to preserve health privacy needs to be fought on three fronts. First, while HIPAA/HITECH provides increasingly robust protections against unauthorized uses of health information by a relatively narrow set of traditional health care provider data stewards, it does almost nothing to regulate the collection of health data. It is time that the federal government put real limits on the collection and processing of personal information. Second, the U.S. has adopted a sector-based approach to data protection. HIPAA, as amended by HITECH, and the “privacy” and security regulations made thereunder apply only to a narrowly constructed version of the vertical health care market. Such sector-based approaches to regulation are frequently flawed because of poor calibration. Further, the very concept of health sector specific regulation is flawed because health related or medically inflected data frequently circulates outside of the traditionally recognized health care sector. Third, there is great value in patient information that could be extracted and used by responsible medical and public health researchers. Responsible public policy suggests that researchers should be able to request that information from patients. Many of the existing HIPAA and HITECH security and confidentiality protections apply here but are fundamentally flawed. Neither current policy nor regulations supply the key component: a coherent choice architecture for dealing with appropriate patient decision-making regarding research use of personal or familial health data.
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    "Whither the Professions"
    (2012-02-24) Tuchman, Steven L.; Boulton, Matthew Myer; Gunderman, Richard