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Mark A. Rothstein SSRN Content
Updated: 14 hours 23 min ago

New: Encouraging Compliance with Quarantine: A Proposal to Provide Job Security and Income Replacement

Sat, 11/21/2009 - 1:00am
A human influenza virus is considered the most likely source of a andemic in the near future. Quarantine has the potential to be the most effective measure for limiting the spread of infection. The major obstacles to compliance for those asked to enter quarantine include loss of income during quarantine and loss of employment after quarantine. We discuss current antidiscrimination and compensation laws, as well as options to expand coverage for quarantined individuals to encourage public coopera
Categories: Faculty, SSRN

New: Putting the Genetic Information Nondiscrimination Act in Context

Sat, 11/21/2009 - 1:00am
On May 21, 2008, President Bush signed into law the Genetic Information Nondiscrimination Act (GINA). Because the issue of genetic discrimination had been considered for 13 years in Congress, and even longer in genetics circles, many of the advocates who worked on this legislation expressed an understandable sense of relief and exhilaration. Now that the ink has dried on the President’s signature, and before GINA takes effect, it is appropriate to consider what GINA does and — perhaps more impor
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New: Legal Conceptions of Equality in the Genomic Age

Thu, 11/05/2009 - 1:00am
Theodiosius Dobzhansky was one of the leading population geneticists of the twentieth century. Born in 1900 in a small town in the Ukraine, he came to the United States in 1927 on a fellowship to study with Thomas Hunt Morgan at Columbia University - another giant in genetics who is best known for his work with Drosophila melanogaster (fruit flies). Dobzhansky remained in the United States the rest of his life, researching, teaching, and writing about genetics. Dobzhansky's greatest, enduring c
Categories: Faculty, SSRN

New: Health Privacy in the Electronic Age

Wed, 11/04/2009 - 1:00am
Health care expenditure in the United States exceeds $2 trillion a year, and on a per capita basis far exceeds the expenditure of any other country. Much of this money is not well spent, as many studies have documented the inefficiency and waste in the public and private health care systems. Furthermore, despite the high cost of American health care, key measures of the nation’s health, such as infant mortality and life expectancy, lag well behind other developed countries.
Categories: Faculty, SSRN

New: Job Security and Income Replacement for Individuals in Quarantine: The Need for Legislation

Wed, 11/04/2009 - 1:00am
For thousands of years, civilized societies have attempted to prevent the spread of communicable diseases by preventing those already afflicted from having contact with those who were still well.The term quarantine is derived from the Italian words quarantina and quaranta giorni, which were used in the fourteenth and fifteenth centuries and referred to a forty-day period in which certain ships entering the port of Venice were obliged to wait in isolation before any persons or goods were permitte
Categories: Faculty, SSRN

New: Is Gina Worth the Wait?

Sat, 10/31/2009 - 1:00am
It has been pending in Congress for twelve years, despite the support of the last Presedential Adminstrations and the National Institutes of Health. It has been the subject of extensive lobbying by acedemic medical centers, pharmaceutical and biotech companies, genetic advocacy groups, and civil rights organizations. It has overcome vehement objections by employers and insurers. Its final passage however, has been thwarted by a few Congressional leaders, who have prevented enactment despite ove
Categories: Faculty, SSRN

New: Keeping Your Genes Private

Tue, 10/06/2009 - 12:00am
In spite of recent legislation, tougher laws are needed to prevent insurers and employers from discriminating on the basis of genetic tests.
Categories: Faculty, SSRN

REVISION: The Ghost in Our Genes: Legal and Ethical Implications of Epigenetics

Thu, 10/01/2009 - 12:00am
Epigenetics is one of the most scientifically important, and legally and ethically significant, cutting-edge subjects of scientific discovery. Epigenetics link environmental and genetic influences on the traits and characteristics of an individual, and new discoveries reveal that a large range of environmental, dietary, behavioral, and medical experiences can significantly affect the future development and health of an individual and their offspring. This article describes and analyzes the ethic
Categories: Faculty, SSRN

New: The Limits of Public Health: A Response

Tue, 09/29/2009 - 12:00am
In an article published in 2002, Rethinking the Meaning of Public Health (Rothstein, 2002), I criticized the growing trend in the public health literature and professional discourse of considering human rights violations, economic inequalities, health disparities and numerous other social problems as public health issues. Although recognizing the importance of addressing these issues aggressively and immediately, I asserted that the remediation of a wide range of political, economic and social c
Categories: Faculty, SSRN

New: Gina, the Ada, and Genetic Discrimination in Employment

Tue, 09/29/2009 - 12:00am
The Genetic Information Nondiscrimination Act of 2008 (GINA) was signed into law on May 21, 2008, after a 13-year struggle in Congress. GINA prohibits genetic discrimination in employment and health insurance, thereby supplementing existing federal protections against genetic discrimination in employersponsored group health plans contained in the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) and state laws prohibiting genetic discrimination in employment and individ
Categories: Faculty, SSRN

REVISION: Health Risk Reduction Programs in Employer-Sponsored Health Plans: Part II-Law and Ethics

Fri, 09/25/2009 - 12:00am
We sought to examine the legal and ethical implications of workplace health risk reduction programs (HRRP's) using health risk assessments, individually focused risk reduction, and financial incentives to promote compliance. Methods: We conducted a literature review, analyzed relevant statutes and regulations, and considered the effects of these programs on employee health privacy. Results: A variety of laws regulate HRRP's, and there is little evidence that employer-sponsored HRRP's violate the
Categories: Faculty, SSRN

REVISION: The Ghost in Our Genes: Legal and Ethical Implications of Epigenetics

Fri, 09/25/2009 - 12:00am
Epigenetics is one of the most scientifically important, and legally and ethically significant, cutting-edge subjects of scientific discovery. Epigenetics link environmental and genetic influences on the traits and characteristics of an individual, and new discoveries reveal that a large range of environmental, dietary, behavioral, and medical experiences can significantly affect the future development and health of an individual and their offspring. This article describes and analyzes the ethic
Categories: Faculty, SSRN

New: Health Risk Reduction Programs in Employer-Sponsored Health Plans: Part I - Efficacy

Tue, 09/22/2009 - 12:00am
We sought to determine whether workplace health risk reduction programs (HRRPs) using health risk assessments (HRAs), individually focused risk reduction, and financial incentives succeeded in improving employee health and reducing employer health benefit costs. Methods: We reviewed the proprietary HRA available to us and conducted a literature review to determine the efficacy of HRRPs using HRAs, individualized employee interventions, and financial incentives for employee participation. Results
Categories: Faculty, SSRN

REVISION: Health Risk Reduction Programs in Employer-Sponsored Health Plans: Part II-Law and Ethics

Sat, 09/19/2009 - 12:00am
We sought to examine the legal and ethical implications of workplace health risk reduction programs (HRRP's) using health risk assessments, individually focused risk reduction, and financial incentives to promote compliance. Methods: We conducted a literature review, analyzed relevant statutes and regulations, and considered the effects of these programs on employee health privacy. Results: A variety of laws regulate HRRP's, and there is little evidence that employer-sponsored HRRP's violate the
Categories: Faculty, SSRN

New: The Ghost in Our Genes: Legal and Ethical Implications of Epigenetics

Wed, 06/04/2008 - 12:00am
Epigenetics is one of the most scientifically important, and legally and ethically significant, cutting-edge subjects of scientific discovery. Epigenetics link environmental and genetic influences on the traits and characteristics of an individual, and new discoveries reveal that a large range of environmental, dietary, behavioral, and medical experiences can significantly affect the future development and health of an individual and their offspring. This article describes and analyzes the ethical and legal implications of these new scientific findings.
Categories: Faculty, SSRN