It is our pleasure to present the Summer 2013 Issue of the Annals of Health Law. The Annals
Executive Board, along with each of the Journal’s members, strives to produce a diverse,
thought-provoking, and exceptional product with every issue. We are confident that this issue is
exactly that, and we are excited to share it with the health law community around the world.
This issue focuses on two themes. In the first two articles our authors delve into health law
topics and issues on an international level, first looking at the creation and implementation of the
current health care system in Mexico, followed by a discussion of the controversial topic of
disclosing HIV/AIDS test results with the partners of African women. And in our final two
articles, our authors dissect the complicated area of pharmaceutical regulations pertaining to off-label marketing and issues relating to Dear Doctor letters. Each author featured in this issue
presents a novel, intellectual, and contemporary discussion that will enhance our readers’
knowledge on current issues in the area of health law and policy.
In the first article, Mr. Octavio Gómez-Dantés discusses the current state of health care and
health care coverage in Mexico. Mr. Gómez-Dantés and his co-authors examine the concept of
health care as a social right and the evolution of the conversation in Mexico about health care as
a right for every Mexican citizen. Next, the authors discuss the implementation and enforcement
of the System of Social Protection in Health and the regulatory and financial conditions that were
created with its operation. The discussion brought forth by Mr. Gómez-Dantés and his co-authors highlights the evolving conversations about health care in Mexico and the way in which
the country has handled the conversation, making health care an increasingly accessible right for
the Mexican population.
Next, Drs. Obiajulu Nnamuchi and Remigius Nwabueze address a controversial subject within
health law: the obligation of physicians to inform the sexual partners of HIV/AIDS-positive
women of their infection status. Specifically, the authors address this issue in the context of
African women and the societal and cultural implications of such disclosure. The authors
identify and address the current Western mentality regarding disclosure, but argue that such
disclosure would devastate the African female population. The authors explore how such
disclosure is not an appropriate policy for health care in Africa, and outline the social framework
that would be jeopardized if such disclosure were required.
The next article transitions this issue of the Journal from an international discussion to a
conversation tailored to pharmaceutical companies and the regulations governing such
businesses. Authors Lise Spacapan and Jill Hutchison begin the conversation by looking at off-label marketing of prescription drugs and the associated fraud and abuse in the United States’
healthcare system. The authors discuss the alleged unapproved marketing by pharmaceutical
companies of their products and the associated regulations attempting to minimize such
marketing. Specifically, the authors analyze the current federal regulations and enforcement by
the Department of Justice. The authors’ analysis of such regulations and enforcement argues that
perhaps such enforcement is more costly than beneficial to the United States’ healthcare system.
In this issue’s final article, Mr. James Huston and his coauthors look at Dear Doctor letters
written by pharmaceutical companies and addressed to healthcare providers. The authors