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Supreme Court justices mention Prof. Teneille Brown’s amicus brief in Diaz v. United States case oral arguments

Mar 19, 2024

The U.S. Supreme Court heard oral arguments in the case Delilah Guadalupe Diaz v. United States (No. 23-14), for which Professor Teneille Brown
co-wrote an amicus brief in February 2024. The justices mentioned the amicus brief directly in arguments, and Justice Ketanji Brown Jackson asked the parties about examples in the brief.

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Associate Professor Daniel Aaron centers research on how law shapes life and death

Feb 22, 2024

After 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.

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Hear from health law experts by participating in the Law and Biomedicine Colloquium

Jan 23, 2024

Join 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.

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Adjunct Professor Robert Harrison discusses LABS research and ethics focus

Nov 22, 2023

Though 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.

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3L Victoria Tomoko Carrington uses love of science to build a career in patent law

Oct 13, 2022

During her time in undergraduate working towards a degree in biochemistry, it was medical school – not law school – that was on Victoria Tomoko […]

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Utah Law faculty members present at Law and Society Conference

Jul 18, 2022

Multiple 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 […]

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Professor Leslie Francis and recent Utah Law grad present at ELSIcon2022

Jun 06, 2022

Professor Leslie Francis discussed “Disability Justice and Precision Medicine Across the Lifespan: Towards a Future of Equity and Access” as a speaker for ELSIcon2022. This […]

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Utah Law Continues to Host Health Law Experts for the 8th Annual Law and Biomedicine Colloquium

Jan 26, 2022

The 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 […]

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Francis to Present at Utah Medicine’s Grand Rounds

Jan 07, 2022

Leslie 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 […]

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Contreras Elected to American Law Institute

Jan 07, 2022

Jorge Contreras, professor at the College of Law and University of Utah presidential scholar, has been elected to The American Law Institute (ALI). Contreras was […]

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Utah Law Launches 8th Annual Law and Biomedicine Colloquium

Jan 05, 2022

The 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 […]

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Utah Law professors present at AALS Annual Meeting

Jan 04, 2022

The 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 […]

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Professor Teneille Brown named to new Conviction Integrity Unit

Dec 15, 2021

Davis County District Attorney Troy Rawlings recently formed a new Conviction Integrity Unit. The purpose of the new unit is to review claims of factual […]

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Book Panel: Erika George’s “Incorporating Rights”

Nov 19, 2021

Professor of Law Erika George will welcome a group of distinguished panelists on December 9, 2021 to discuss her new book, Incorporating Rights: Taking Stock […]

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Book Panel: Jorge Contreras’s “The Genome Defense”

Nov 11, 2021

On November 8, Professor of Law Jorge Contreras discussed his new book, The Genome Defense, with Professor of Law Erika George and Dr. Lynn Jorde, […]

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Professor Leslie Francis receives service award at Utah judicial conference

Oct 04, 2021

Professor Leslie Francis recently received a Service to the Courts Award at the Utah Annual Judicial Conference.  She was recognized for her service representing people […]

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Professor Jorge Contreras forthcoming book featured by The New York Times

Sep 22, 2021

University 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 […]

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Law students aid Professor Contreras in updating important property law resource

Aug 05, 2021

The Utah Real Property Law treatise is an important resource for property law in Utah. With property lawyers across the state relying on this treatise, […]

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Contreras testifies in Senate subcommittee hearing on protecting patent quality

Jul 01, 2021

University 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 […]

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George elected to serve on the American Law Institute

Jul 01, 2021

University 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 […]

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“Everyone’s Game.” Bridging the Inventorship Gender Gap

Mar 29, 2019

By 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 […]

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Protecting Young Athletes From Poor Air Quality

Oct 22, 2018

By 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 […]

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A reflection on my Health Law internship experience

Oct 01, 2018

By 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 […]

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A New Academic Year for LABS Fellows

Sep 12, 2018

By 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 […]

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Bench-to-Bedside, More than just a Science Fair

May 30, 2018

By 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 […]

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Summit Addresses Opioid Crisis in Utah

May 16, 2018

By 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 […]

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The Handmaid’s Tale and Woman’s Health

Mar 14, 2018

By 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 […]

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Gun Violence Research in America

Feb 28, 2018

By 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 […]

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Working the Accommodation Puzzle: A Year in the Life of a Student Researcher

Feb 15, 2018

By 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 […]

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Biosimilars, Shall We Do the Patent Dance?

Jan 24, 2018

By 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 […]

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2018 Law and Biomedicine Colloquium Series

Jan 10, 2018

By 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 […]

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Patents and Tribal Sovereign Immunity

Oct 23, 2017

By 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 […]

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New Research May Help Save Athletes’ Brains

Oct 09, 2017

By Maura Murphy As we enter week 5 of the National Football League (NFL) season, there is immense controversy over whether players should kneel during […]

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Hold Your Horses! Donating Blood Over Time Is Just as Important as Donating After Disasters

Sep 07, 2017

By 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, […]

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Is There a Fourth Amendment Expectation of Privacy in Prescription Records? According to the Utah District Court, Maybe Not

Aug 01, 2017

By 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 […]

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The Clean Air Act: Improving public health at an affordable cost

Apr 17, 2017

By Michael Squires At its core, the Clean Air Act (CAA) is a health care statute. Congress found that “the growth in the amount and […]

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President Trump’s Proposed Budget Cuts to the National Institutes of Health

Apr 03, 2017

By 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 […]

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Reproductive rights and equality under challenge in the U.S.

Mar 13, 2017

By 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 […]

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Governing Digitally Integrated Genetic Resources

Mar 08, 2017

By 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 […]

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New research explores impact of broadening CRISPR patents

Mar 03, 2017

New 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 […]

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Melinda Fagan on The Battle for CRISPR

Mar 01, 2017

By 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 […]

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Children’s School Lunches: Their History and Potential Future

Feb 02, 2017

By 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 […]

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President Trump Reinstates the Mexico City Policy a.k.a “Global Gag Rule”

Jan 30, 2017

President 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 […]

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First Major Revision to Common Rule for Human Subjects Research Released

Jan 20, 2017

On 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 […]

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MRI Machines and Patentability

Jan 10, 2017

By 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 […]

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Smile – You’re on Camera!

Nov 18, 2016

By 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 […]

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Is Three A Crowd? Navigating Tri-Parent Procreation

Oct 26, 2016

By 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 […]

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Humana Leaves the Utah Healthcare Marketplace

Oct 04, 2016

By 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 […]

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Demystifying the patent process for startups and first-time investors

Sep 30, 2016

By 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 […]

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Leviathan in the Commons – Biomedical Data and the State

Sep 26, 2016

By 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 […]

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David Duncan on being a LABS Student Fellow

Sep 22, 2016

By 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, […]

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Kendra Brown on being a LABS Student Fellow

Jun 13, 2016

By 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 […]

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Anikka Hoidal on being a LABS Student Fellow

Jun 13, 2016

By 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 […]

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Spotlight: Bench to Bedside Competition Night

Apr 27, 2016

By 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 […]

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Brown submits comment on CMS proposed rule-making

Apr 25, 2016

Professor 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 […]

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Utah Enacts the Nonpatient Cause of Action

Apr 18, 2016

  By 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 […]

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Pre-Competitive Collaboration in the Biopharma Industry

Apr 11, 2016

by 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 […]

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Genetic Discrimination: Why We Should Expand GINA

Apr 05, 2016

By 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] […]

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USPTO visits the S.J. Quinney College of Law

Mar 18, 2016

By 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 […]

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A Great Compromise: Utah’s Bill to Require Education for Exemption from Vaccination

Feb 29, 2016

By 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 […]

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Winning the Battle; Losing the War: The Federal Government’s Hindrance of Medical Marijuana Legalization

Feb 20, 2016

By 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 […]

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Vermont Awaits Ruling on Whether ERISA Preempts the State’s Health Information Reporting Mandate

Jan 21, 2016

By 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 […]

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180 Degrees: Birth Control Packaging Error Turns Life Upside Down for Plaintiffs

Dec 11, 2015

By 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 […]

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Continued Efforts Toward More Effective Healthcare

Dec 09, 2015

By 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 […]

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The Slippery Slope of Hobby Lobby Already at the Supreme Court’s Door

Nov 23, 2015

  By 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 […]

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There Will Be Blood

Nov 17, 2015

By 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 […]

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The Price of Health Privacy in Sports

Nov 12, 2015

By 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 […]

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When is a Covenant just a Covenant? Of Meso, Newman and Transactions with Patents

Nov 11, 2015

Originally 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). […]

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When a Patent is Not Enough: A Summary of the October 20th Presentation by Randy Ross

Nov 09, 2015

By Leslie Francis for BiolawToday.org. On October 20th, the Center for Law & Biomedical Sciences was delighted to host a talk by C. Randolph (Randy) […]

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Patent Trolls and the “Presumption of Validity”

Nov 03, 2015

By 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 […]

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Abilify’s Adherence Sensor: Thoughts to Consider in the Regulatory Process

Oct 29, 2015

By 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 […]

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Federal Circuit Rules Against the University of Utah in Joint Inventorship Case

Oct 16, 2015

By 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 […]

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ACA Subsidies Live On

Oct 13, 2015

ACA subsidies live on – King v. Burwell Decision surprisingly does not turn on Chevron analysis but predicted to still have a strong impact on […]

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Turing Backs Down in the Face of Social Media Pressure, Not Law

Sep 28, 2015

By 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 […]

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Reflections on Donut Hole: Life in the Medicaid Coverage Gap – Part 2

Sep 18, 2015

By 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 […]

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Reflections on Donut Hole: Life in the Medicaid Coverage Gap – Part 1

Sep 18, 2015

By 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 […]

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HHS Proposes Update to Rules Governing Research on Study Participants

Sep 02, 2015

HHS 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. […]

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The US 2020 HIV/AIDS Strategy and the Limits of ACA

Aug 04, 2015

By 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 […]

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Medicaid Reimbursement Problems: Who Can Challenge Low Rates?

Jun 08, 2015

By 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, […]

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Developments of Interest on the Health IT Front Part 3: the 21st Century Cures Act

Jun 05, 2015

By 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 […]

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Developments of Interest on the Health IT Front Part 2: EHR Certification 2015 NPRM

Jun 02, 2015

By 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 […]

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Developments of Interest on the Health IT Front Part 1: Meaningful Use NPRM

Jun 01, 2015

By 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) […]

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

May 19, 2015

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 […]

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Forget Me Not: An Overview of the Right to Remove or Protect Personal Information

May 11, 2015

By 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 […]

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Spotlight on the Bench to Bedside Competition

May 04, 2015

By Austen Paulsen for BiolawToday blog. On Wednesday, April 8th, the Center of Medical Innovation hosted the 5th annual Bench to Bedside Competition Night. As […]

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The Donation Ban on Gay Blood

Apr 30, 2015

By 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 […]

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Capital Punishment, Medical Science, and 10th Circuit States

Apr 23, 2015

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. […]

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U.S. Supreme Court Holds Clear Error to be the Standard of Review for Factual Findings Underlying Claim Construction

Apr 20, 2015

By 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 […]

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Property Rules and Liability Rules for Genetic Data

Mar 31, 2015

By 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 […]

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Canadian Court Holds Blanket Criminalization of Assisted Suicide Unconstitutional

Feb 10, 2015

By 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 […]

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

Jan 20, 2015

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 […]

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ACA Subsidy Challenge

Jan 15, 2015

By 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 […]

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Potential Congressional Vindication of Utah Hemp Extract Patients

Dec 12, 2014

By 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. […]

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To Die, To Sleep – Assisted Suicide and Choice

Dec 08, 2014

By 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 […]

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Cutting Cords: The Present State of Wireless Medical Devices

Dec 04, 2014

By Austen Paulsen for BiolawToday blog. Medical devices are being increasingly equipped with wireless capabilities. The wireless technology in these devices can be used to […]

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

Nov 24, 2014

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 […]

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Ebola Quarantine: Resolving Law with Science

Nov 19, 2014

By 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 […]

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House of Cards – Statutory Interpretation and the Affordable Care Act

Nov 07, 2014

By 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 […]

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Starting from Scratch: Building China’s Private Healthcare System

Nov 03, 2014

By Daniel Barber for the Center for Law and Biomedical Sciences Blog. Being lost in translation is frustrating, especially when important ideas need to be […]

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Determining the Standard of Review for Claim Construction: Supreme Court Holds Oral Argument for Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.

Oct 30, 2014

By 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 […]

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HHS Issues Guidance Regarding HIPAA and Same Sex Marriage

Sep 24, 2014

By 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 […]

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Ethical issues in managing the current Ebola crisis

Aug 14, 2014

By 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, […]

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The Fifth Circuit, Federalism, and Undue Burdens on Abortion

Aug 01, 2014

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 […]

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Reading Hobby Lobby narrowly

Jul 08, 2014

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 […]

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PCAST, Big Data, and Privacy

Jun 04, 2014

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 […]

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tenBroek Symposium and Supported Decisionmaking

Apr 28, 2014

by 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 […]

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The Delay of ICD-10

Apr 16, 2014

by 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 […]

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Supreme Courts Holds Oral Arguments for Sebelius v. Hobby Lobby Stores, Inc.

Apr 03, 2014

By 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 […]

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Conard presents at meeting of Idaho Bar Health Law Section

Mar 12, 2014

On 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 […]

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Webinar “Medical Staff-Hospital Relationships: Diagnosis, Treatment, and Practicing Wellness”

Mar 12, 2014

Jane 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 […]

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SCOTUS to Hear Reproductive Healthcare Cases: Sebelius v. Hobby Lobby Stores, Inc.

Mar 05, 2014

By 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 […]

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Sperm Switching and Wrongful Conception

Feb 24, 2014

By Professor Leslie Francis Information has recently come to light through genetic testing about a case of apparent sperm switching at a laboratory in Utah.  […]

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A Rundown of the Upcoming Patent Cases Before the High Court This Term

Feb 19, 2014

By Shaun Mathur The Supreme Court granted certiorari in an unusually high number of patent cases this term. Below is a brief overview of these […]

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Medicaid cutbacks and prescription footwear: Plaintiffs prevail against New York’s cost cutting measures

Feb 10, 2014

by 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 […]

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Update on Texas H.B. 2

Jan 14, 2014

by Cullen Archer On January 6, 2014, the Court of Appeals for the Fifth Circuit heard arguments on the merits regarding Texas House Bill 2 […]

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Utah Law Forbidding Suits for Negligent Credentialing Against Health Care Providers Does Not Apply Retroactively

Nov 25, 2013

by 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] […]

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Health Law – Inquiring Minds Want to Know: What Kind of Law Will You Go Into?

Nov 20, 2013

by 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 […]

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October Health Law Section Practice Tip

Oct 31, 2013

When Must a Hospital Report Medical Staff Conduct to the NPDB and the Utah DOPL? Understanding Adverse Action and Unprofessional Conduct Reporting Requirements under Federal […]

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Screening the Protector?

Oct 30, 2013

by 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 […]

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What’s Happening to HHS with the Shutdown?

Oct 01, 2013

by 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, […]

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Utah Federal District Court Holds Drug Manufacturers Have No Duty to Supply a Drug in Sufficient Quantity to Meet Demand

Sep 27, 2013

by Laura Anne Taylor On September 4, 2013, a United States District Court for the District of Utah dismissed a negligence claim against the pharmaceutical […]

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Pedicures or Podiatry – Antitrust Violations by State Professional Regulatory Boards

Sep 13, 2013

by 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 […]

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Federal Judge Provides Plaintiffs in Medical Device Personal Injury Suits a Mechanism to Avoid Preemption

Sep 05, 2013

by 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 […]

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Jane Reister Conard to Co-Present Seminar at Medical Staff Services Annual Conference

Sep 03, 2013

Jane 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, […]

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Utah Medicaid Expansion: A Major Step Toward Ending Homelessness

Aug 07, 2013

Utah 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 […]

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Bowman v. Monsanto: Implications in Health and Biotechnology

Apr 10, 2013

By 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 […]

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Supreme Court hears oral arguments in Mutual Pharmaceutical Co. v. Bartlett

Apr 02, 2013

2L student, Laura Anne Taylor, Fellow for the Center of Law and Biomedical Sciences The Supreme Court heard oral arguments on Tuesday, March 19 in […]

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Is This the New “Cola” War?

Mar 22, 2013

Jeffrey Enquist, 3L and Student Fellow with the Center for Law and Biomedical Sciences According to new research presented this week at an American Heart […]

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The Decision on Soft Drinks in New York City

Mar 13, 2013

The papers have been full of handwringing and delight concerning the decision of the New York Supreme Court, Civil Division, New York County, enjoining New […]

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Medicaid, Managed Care, and ACOs

Mar 04, 2013

Last 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 […]

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Foster Children Extended Coverage Under the PPACA

Feb 12, 2013

The provisions of the Patient Protection and Affordable Care Act (“PPACA”) have been rolling out in waves for almost three years. As individual provisions become […]

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ONC Survey to Gauge Patient Concerns About Health Data Exchange

Feb 06, 2013

The Office of the National Coordinator for Health IT will soon be releasing the results of a survey that inquired into patient concerns about the […]

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HHS publishes final HITECH Act, HIPAA changes, and GINA rules

Jan 24, 2013

HHS has issued a prepublication copy of modifications to the HIPAA rule required by the HITECH Act and GINA, together with some additional modifications to […]

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Protecting Privacy Outside of HIPAA

Dec 20, 2012

HIPAA privacy protections, whatever their adequacy, apply only to a set of “covered entities,” largely within the realm of health care treatment and payment for […]

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Pain and Personhood

Sep 13, 2012

By Professor Teneille Brown The problem with the discourse related to abortion is that we seem to have taken nuanced legal holdings and converted them […]

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Part V of a series on proposed changes to the common rule: proposed excused categories

Apr 01, 2012

This post serves as the last of the series addressing the Advanced Notice of Proposed Rulemaking for proposed changes to the Common Rule.  For those […]

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Part IV of a series on proposed changes to the common rule: standardizing informed consent

Mar 31, 2012

This post serves as fourth in a series addressing the Advanced Notice of Proposed Rulemaking for proposed changes to the Common Rule.  I had the […]

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Contagion, terrifying because it’s accurate

Mar 02, 2012

By Margaret P. Battin – Leslie P. Francis – Jay A. Jacobson, MD – Charles B. Smith, MD Contagion, the extraordinary film portraying the outbreak […]

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Fordham Debate to Consider Constitutionality of Affordable Care Act, February 6

Jan 16, 2012

The Affordable Care Act (“ACA”) had been hailed as signature legislation of the Obama administration and vilified as “Obamacare.” The United States Supreme Court has […]

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In the news – 11.17.11

Nov 17, 2011

In 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 […]

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In the news – 10.30.11

Oct 30, 2011

In 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 […]

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Part III of a series on proposed changes to the common rule: requiring informed consent for biospecimen research

Oct 11, 2011

If 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 […]

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Part II of a series on proposed changes to the common rule: background on the common rule and the IRB process

Oct 07, 2011

I recently had the opportunity to interview John Stillman, the Director of the Institutional Review Board for the University of Utah, to ask him his […]

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In the news – 10.3.11

Oct 03, 2011

Baby 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 […]

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In the news – 9.23.11

Sep 23, 2011

A 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 […]

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Part I of a series on proposed changes to the common rule: Introduction

Sep 20, 2011

The 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 […]

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In the news – 9.17.11

Sep 17, 2011

Here 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 […]

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Welcome to the BioLaw Project blog!

Sep 15, 2011

Welcome to the blog for the University of Utah College of Law BioLaw Project! The BioLaw Project seeks to improve the law as it relates […]

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