Abbe Gluck, Professor of Law and the Faculty Director of the Solomon Center for Health Law and Policy at Yale Law School, and I continue a deep dive into some of the issues raised at the November 2018 Yale roundtable on on “The Law and Policy of AI, Robotics, and Telemedicine in Health Care.” We are joined by our expert friends Nathan Cortez, Professor of Law and Associate Dean for Research at the SMU Dedman School of Law, and Sharona Hoffman, Edgar A. Hahn Professor of Law; Professor of Bioethics and Co-Director of the Law-Medicine Center at Case Western Reserve University School of Law, leading to a deep dive into FDA regulation and data-driven healthcare discrimination. Discussion topics included potential updates to the language of the ADA to deal with discrimination on the basis of AI/Big Data predicted healthcare issues and practical questions about the application and enforcement of the FDA’s functional definition of “medical device.”

152. Regulate Now or Regulate Later? Guests, Nathan Cortez, Sharona Hoffman, and Abbe Gluck.

Nicolas Terry and his guests discuss the significant health law and policy issues of the week

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Health & Fitness

Sarah de Guia of ChangeLab Solutions is joined by Sharon Terman from legal aid at work, and Danilo Trisi from the Center on Budget and Policy Priorities. The participants have a broad-ranging discussion about the safety net, what the Biden administration has achieved so far, and what are some of the priorities that remain.

241. Safety Net Support for Children and Families.

Professor Wendy Parmet, Northeastern University School of Law, Lori Tremmel Freeman is the Chief Executive Officer (CEO) at the National Association of County and City Health Officials (NACCHO), and Jill Krueger, the director of the Network for Public Law’s Northern Region Office discuss the various attempts to restrict, reallocate, or otherwise diminish traditional public health powers and the implications. The panelists discuss recent state laws reducing public health emergency powers, ALEC, & where things stand now.

240. State Efforts to Restrict Public Health Powers.

I am joined by Professor Anniek de Ruijter Professor of European Law at the University of Amsterdam in the Netherlands, Professor Andrew Noymer, University of California, Irvine, and Professor Nils Hoppe, the Faculty for Humanities and Social Sciences at Leibniz University Hannover. Our discussion begins with the lessons learned or not learned in various countries and regions and then explores issues such as vaccine intellectual property and vaccine passports. BTW, Anniek has an interesting new paper on EU health solidarity, Sharon Baute & Anniek de Ruijter (2021) EU health solidarity in times of crisis: explaining public preferences towards EU risk pooling for medicines, Journal of European Public Policy, DOI: 10.1080/13501763.2021.1936129

239. International Lessons Learned.

Jorge Contreras, Professor of Law, University of Utah, Brook Baker, Professor of Law, Northeastern University, and Ana Santos Rutschman, Professor of Law, Saint Louis University discuss vaccine access, What are the technical obstacles to increasing vaccine access? How are Intellectual Property, primarily patent and trade secret, laws restricting access and keeping prices high?

238. Global Vaccine Sharing.

Professor Scott Burris, Temple Law School, Professor Wendy Parmet, Northeastern University School of Law, and Professor Lance Gable, Wayne State College of Law discuss the “shadow docket,” the hundreds of cases (emergency orders and summary decisions) decided by the Supreme Court each year outside of its far smaller, normal or merits docket. Specifically, the discussion focuses on how public health decisions, such as (particularly free exercise) challenges to government mitigation mandates have been handled by the shadow docket, the possible deprecation of Jacobson deference and the implications for public health powers and law. As always for more information about public health law and the pandemic see Vol.2 of our COVID-19 Policy Playbook, Legal Recommendations for a Safer, More Equitable Future.

152. Regulate Now or Regulate Later? Guests, Nathan Cortez, Sharona Hoffman, and Abbe Gluck.

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