By Vincent Joralemon
There is little consensus in defining “psychedelic.” Yet, research on and access to these substances hinges on what gets included in the “psychedelic” umbrella. It is time to talk about why we include (and exclude) particular drugs from this category.
By Adithi Iyer
The legal world is atwitter with the developing artificial intelligence (“AI”) copyright cage match between The New York Times and OpenAI. The Times filed its complaint in Manhattan Federal District Court on December 27 accusing OpenAI of unlawfully using its (copyrighted and paywalled) articles to train ChatGPT. OpenAI, in turn, published a sharply-worded response on January 8, claiming that its incorporation of the material for training purposes squarely constitutes fair use. This follows ongoing suits by authors against OpenAI on similar grounds, but the titanic scale of the Times-OpenAI dispute and its application of these issues to media in federal litigation makes it one to watch. While much of the buzz around the case has centered on its intellectual property and First Amendment implications, there may be implications for the health and biotech industries. Here’s a rundown of the major legal questions at play and the health-related stakes for a future decision.
By Joelle Boxer
Today is Maternal Health Awareness Day, focused on the theme “Access in Crisis.”
“Crisis” is the right word, yet still an understatement. In the U.S., for every 100,000 live births in 2021, nearly 33 pregnant people lost their lives. In Norway, that number was 2. Black and Native American women in the U.S. are particularly at risk, with death rates 2-3 times higher than those of white women, due to structural racism.
What can the law do to prevent these deaths? Medicaid pays for more than 40% of births in the U.S., covering 64% of Black mothers and 66% of Native American mothers. Examining efforts at the federal and state level, I highlight three options, leveraging Medicaid as a policy lever.
By Joelle Boxer
Tracy Droz Tragos’ new documentary, “Plan C,” follows the work of a grassroots organization dedicated to improving access to the abortion pill by mail in the U.S., while navigating an increasingly restrictive legal landscape.
There is no better time to hear the perspectives of these patients, providers, and activists. Just last month, the U.S. Supreme Court took on a case to determine the legal status of the pill, also called mifepristone. With a decision expected in June 2024, Tragos’ film shows us what’s at stake.
By Bobby Stroup
Right now in a Los Angeles courtroom, the fate of the NCAA hangs in the balance. Perhaps as a way to preempt the outcome, on December 6, NCAA President Charlie Baker sent a letter proposing some schools should be allowed to compensate student athletes for using their name, image and likeness (NIL). President Baker is right to try and get ahead of the student-athlete compensation issue, but NIL payments are not the only issue at play. Health care will also be a critical part of future student-athlete compensation conversations.
The NCAA describes the compensation lawsuits as beginning in 2009, yet exploring this topic reveals the debate is not so novel. The NIL terminology is newer, but limiting this to an NIL problem is overly narrow. The challenge of student-athlete compensation is a broader issue that started at the founding of the organization. This issue is rooted in more than a century of health policy, and understanding that history is essential to understanding future NCAA negotiations.
By Hannah Rahim
Luck egalitarianism is a theory of political philosophy that provides that inequalities resulting from an individual’s informed choices are just and need not be reduced, whereas inequalities resulting from circumstances over which an individual has no control are unjust and should be reduced. The application of luck egalitarianism to health inequalities has some value when allocating health care resources, but it often conceptualizes health too narrowly and risks exacerbating existing unjust disparities. If luck egalitarianism is to be applied in developing health care policy, it must only be used in clearly defined circumstances and with a holistic approach.
By Hannah Rahim
The Americans with Disabilities Act (ADA) prohibits health care organizations that provide services to the public from discriminating against persons with disabilities. Although substance use disorder can be a disability under the ADA, there are limitations in the scope and enforcement of these ADA protections. Further action is needed to prevent discrimination in health care services towards persons with substance use disorder.
By Aparajita Lath*
The World Health Organization (WHO), in collaboration with the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), hosted the 10th Trilateral Symposium on Human Health and Climate Change in Geneva this November. This article reflects the significant effort made to put climate-sensitive diseases, many of which are neglected tropical diseases (NTDs), at the forefront of these talks.
By Adithi Iyer
As the provision of human tissue leaves the research realm and becomes a bona fide consumer transaction, our legal responses to these developments will be most effective when we know what we want to protect, and how.
Perhaps the most famous discussion around tissue “donation” comes from the story of Henrietta Lacks and her family. Ms. Lacks is the namesake and unknowing donor of HeLa cells, and subject of the Rebecca Skloot bestseller, The Immortal Life of Henrietta Lacks. In a settlement obtained just this past summer with manufacturing giant ThermoFisher, the Lacks estate (Ms. Lacks herself died of an aggressive cervical cancer in 1951) obtained a confidential payment for the unconsented taking of her cells for research. The settled case was built on an unjust enrichment claim, and while this wasn’t decided on the merits, it raises the question of whether a provision of tissue is a transfer of value. If so, what are our ownership stakes in that value? Read More
By Vincent Joralemon
Spravato, the first FDA-approved psychedelic therapy, just outsold Viagra. Johnson & Johnson’s ketamine-based formulation generated $183 million in Q3, surpassing Pfizer’s erectile dysfunction (ED) drug, which earned $110 million over the same period. Remarkably, a therapeutic made from ketamine, once dismissed as a “club drug” or “horse tranquilizer,” now sells more than one of the most notable 21st-century pharmaceuticals.
Yet, these two drugs have more in common than meets the eye, and the path Spravato has taken looks strangely similar to that of Viagra. By looking at the journey traversed by Viagra over the past twenty years, we can predict where Spravato (and other psychedelic therapies) are headed.