Is Prevention in Health Care Misguided?

Please, don’t throw tomatoes yet! Everybody knows that prevention in the twentieth century, particularly due to use of infectious disease vaccines and more recently some innovative invasive procedures, has changed the demographic face of our population and the world’s.

Of course, while what “everybody” knows is never the whole of the matter, the inspiring story of diagnosis, followed by treatment, followed by survival is a wonderful sequence of events.

An upcoming symposium is about the flip-side of that coin (although it has been very hard to get people to talk about it). About eighteen months ago, we chose to bring together scholars who don’t necessarily presume that the mainstream health care perspective of diagnosis and follow-up treatment is more than a single widely endorsed perspective. The upcoming symposium, part of the annual series on health/disability/elder law held by Marquette’s Elder’s Advisor law review, proposes that prevention is often enough overrated that close examination is warranted. The symposium is titled “The Institutionalization of Prevention: We Win, We Lose.”

Cancer diagnosis and treatment is particularly, but hardly exclusively, illustrative.

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Troubling Trends in the Federal Criminal Justice System

In his terrific Hallows Lecture yesterday evening, former U.S. District Judge Mark Filip criticized a number of recent trends in the federal criminal justice system, including the use of return-on-investment measures of law enforcement success and the requirement that corporations suspected of wrongdoing retain costly compliance monitors.  Audio of the Lecture is now available here.  We expect to post the text of Judge Filip’s remarks and additional commentary in the next few days.

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New Issue of Marquette Intellectual Property Law Review Is Here

On behalf of the staff of the Marquette Intellectual Property Law Review, I am pleased to announce the arrival of the first issue of volume fourteen, available now in print and online.

This issue highlights the work of several scholars.  Dr. Dana Beldiman, a partner with the law firm of Carroll, Burdick & McDonough LLP in San Francisco, examines of the concept of originality within the context of the “knowledge based economy” in her article, “Utilitarian Information Works — Is Originality the Proper Lens?” 

Jay Dratler, Jr., Goodyear Professor of Intellectual Property at the University of Akron School of Law, offers an insightful revision of patent law in “Fixing Our Broken Patent System.” In this article, Professor Dratler incorporates never-before-codified principles of judge-made law into an improved statutory scheme that recognizes invention as a commercial and economic process, discourages patents on abstract research, and places the focus of patent law on practical economic and commercial criteria.

This issue also continues our Emerging Scholars Series with an article by César Ramirez-Montes, intellectual property lecturer at the University of Leeds, U.K. 

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