HIPAA privacy: the compliance challenges ahead

This Article reviews the HIPAA Privacy Standards' impact on healthcare organizations. It discusses whether a healthcare organization is a "Covered Entity" under the regulations, what information the Privacy Standards protect, what restrictions the regulations place on the use and disclosure of protected health information, what individual rights the Privacy Standards create, and what agreements they require between healthcare organizations and their business associates. The author provides relatively extensive guidance to organizations that are embarking upon their voyage of compliance with these broadly applicable regulations, but notes that the full extent of necessary compliance remains unclear, pending DHHS issuance of the next iteration of the rulemaking in this area. The Article was finalized in January 2002, before HHS issued any modifications to the Privacy Standards.     

Patenting medical devices: the economic implications of ethically motivated reform

This article explores whether the current patent system strikes the optimal balance between providing incentives to inventors to bring new medical devices to the marketplace and promoting public health by ensuring that these medical devices are widely available at a reasonable price. After providing an overview of the relationship of patent law to medical devices, the author explains how ethical and economic considerations suggest the need for an alternative patent system for medical devices and notes the difficulties with this proposal. The author concludes that a combination of alternatives to the current system most equitably account for the interests and needs of both healthcare device consumers and producers.     

Regulate Yourself

The Leveson Inquiry recommended that a new press regulator be created, with a statutory backing—which the government and opposition agreed should be a Royal Charter. Presently, a Press Recognition Panel, backed by the Charter, has been created, but has attracted no requests for recognition. Only one regulator has been set up—IPSO: it has a membership of most of the newspaper and magazine groups in the UK, but will not ask for recognition, since it does not wish to have any formal link with the state. Though the campaign against the Royal Charter has been grossly overblown, the press is right to refuse to join an institution which is guaranteed by the state. State‐backed regulation, in any form, will not in the UK lead to tyranny, censorship or any more than occasional meddling. But a link to the state is a bad idea for an independent press. Not only does this set a bad precedent, opening up a temptation for behind‐the‐scenes pressure, but more importantly it misses the point. Bad and abusive journalism is not improved by regulation. It is improved by journalists understanding the main task of journalism is to report and analyse accurately and neutrally. This complements robust debate and opinion and contributes greatly to a well‐informed citizenry.     

Psychological Boundaries and Ethnic Conflict: How Identity Constrained Choice and Worked to Turn Ordinary People into Perpetrators of Ethnic Violence During the Lebanese Civil War

Why do ordinary people commit ethnic atrocities? To understand the psychology of ethnic violence we constructed a pilot project based on narrative interviews with five ordinary people who participated in acts of ethnic violence during the Lebanese Civil War. The interviews present striking evidence that identity constrains choice for all individuals, regardless of their particular ideological or socioeconomic demographic background. Our findings challenge both the rationalist approaches of realistic conflict theory and rational choice and the institutional claims of consociational democracy and suggest the tremendous power of identity and perceptions of self in relation to others to constrain political actions.     

The Promise and Pitfalls of Consensus Decision Making in School Management

School/Community‐Based Management (SCBM) advocates insisted that changing the bureaucratic structure of governance, moving from top‐down decision making to a shared decision making at the local level, would revolutionize schools and result in higher student achievement. Many schools have struggled with shared decision‐making processes. This article examines one high school's attempt to implement a dress code using consensus‐based decision‐making. Organizations that strive to make decisions by consensus should be aware of the pitfalls that may occur and work to address them if they arise.