INDIANA IIEAITH LAW REVIEW VOLUME6 2009 ISSUE 2 ARTICLES When a Spoonful of Sugar Doesn't Help the Medicine Go Down: Informed Consent, Mental Illness, and Moral Agency Slaying the Hydra: The History of Quack Medicine, the Obesity Epidemic and the FDA's Battle to Regulate Dietary Supplements Marketed as Weight Loss Aids NOTES Physician Employee Non-Compete Agreements on the Examining Table: The Need to Better Protect Erin Talati Katharine A. Van Tassel Patients' and the Public's Interests in Indiana Kevin D. Koons Kicking the Butt of Secondhand Smoke: Why Indiana Should Ban Smoking in Vehicles Carrying MinorS Jennifer L. Strange The Awful Taste of Partially Hydrogenated Vegetable Oil: A Recommendation that Indiana Ban Trans Fats From Restaurants Andrew J. VanLandingham More Bite Than Bark: The Legal and Social Consequences of Microchipping Individuals with Alzheimer's Disease Elizabeth G Currid SYMPOSIUM INTERDISCIPLINARY APPROACHES TO MEDICAL NANOTECHNOLOGY: DEFINING THE ISSUES April IS, 2009 Transcript of the Live Symposium Kody Varahramyan Kyle Salyers David Orentlicher Ralph Hall Emily Morris Eleanor Kinney INDIANA UNIVERSITY SCHOOL OF LAW Indianapolis IUPUI INDIANA HEALTH LAW REVIEW Volume6 Edito,...;,-Chief Andrew J. VanLandingham Executive Managing Editor Jennifer Strange Executive Production Editors Shelley Hallberg J. Blake Hike Executive Business Editor Paige Boggs Executive Notes Editor Bruce Jones Executive Articles Editors RaviDeol Jackie Landess 2009 Note Development Editors Articles Editors Associate Editors Joe Bruno Amanda Quick Matt McCoy Ann Speidel Sarah Steinhardt Mary Beth Arnold Christopher L. Arrington Ashley Arthur Beth A. Barnes Adam N. 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Emeriti Faculty THOMAS B. ALLINGTON, Professor of Law Emeritus. B.S., J.D., University ofNebraska; IL.M., New York University School of Law. EDWARD P. ARCHER, Professor of Law Emeritus. B.M.E., Renesselaer Polytechnic Institute; J.D., IL.M., Georgetown University Law School. JAMES F. BAILEY, ill, Professor of l.Alw Emeritus and Director of the l.Alw Library Emeritus. A.B., J.D., M.A.L.S., The University of Michigan. CLYDE HARRISON CROCKETT, Professor of l.Alw Emeritus. A.B., J.D., University of Texas; IL.M., University of London (The London School of Economics and Political Science). DEBRA A. FALENDER, Professor of l.Alw Emerita. A.B., Mount Holyoke College; J.D., Indiana University School of Law-Indianapolis. DAVID A. FuNK, Professor of l.Alw Emeritus. A.B., College of Wooster; J.D., Case Western Reserve University School of Law; M.A., The Ohio State University; IL.M., Case Western Reserve University; LL.M., Columbia Law School. PAUL J. GALANTI, Professor of Law Emeritus. A.B., Bowdoin College; J.D., University of Chicago Law School. HEl..BN P. GARFIElD, Professor of l.Alw Emerita. B.SJ., Northwestern University; JD., University of Colorado School of Law. HAROlD GREENBERG, Professor of l.Alw Emeritus. A.B., Temple University; J.D., University of Pennsylvania Law School. JEFFREY W. GROVE, Professor of l.Alw Emeritus. A.B., Juniata College; J.D., George Washington University Law School. Wll.LIAM F. HARVEY, Carl M. Gray Professor of l.Alw Emeritus. A.B., University of Missouri; J.D., IL.M., Georgetown University Law School. W. Wn.I.JAM HoDES, Professor of Law Emeritus, A.B., Harvard College; J.D., Rutgers University School of Law-Newark. HENRY C. KARlsoN, Professor of Law. A.B., J.D., IL.M., University of Illinois College of Law. Wll.llAM ANDREW KERR, Professor of lAw Emeritus. A.B., West University; B.S., Duke University; J.D., IL.M., Harvard Law School. Wll..UAM E. MARsH, Professor of lAw Emeritus. B.S., J.D., University of Nebraska. RONALD W. POlSTON, Professor of Law Emeritus. B.S., Eastern Dlinois University; IL.B., University oflliinois College of Law. KBNNBTii M. STROUD, Professor of Law Emeritus: A.B., J.D., Indiana University­ Bloomington. JAMES W. TORKE, Carl M. Gray Professor of lAw Emeritus. B.S., J.D., University of Wisconsin. JAMES PATRICK WHITE, Professor of Law Emeritus. A.B., University of Iowa; J.D., IL.M., George Washington University Law School. Law Library Faculty JuormFoRD ANSPACH, Professor of lAw and Director, Ruth Lilly lAw Library. B.S., M.L.S., Kent State University; J.D., Mississippi College School of Law. SUSAN BOLAND, Head of Information Services. B.A., Monmouth College; M.S., University of lliinois; J.D., lliinois University College of Law. DEBRA DENSLAW, Reference Librarian. B.A., Franklin College; M.S., University of lliinois, Urbana-Champaign; J.D., Valparaiso School of Law. RICHARD HUMPHREY, Reference librarian. A.A., Brewton-Parker Junior College; B.A., Georgia. 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INDIANA HEALTH LAW REVIEW Volume6 TABLE OF CONTENTS ARTICLES When a SpoonfUl of Sugar Doesn't Help the Medicine Go Down: Informed Consent, Issue 2 Mental Rlness, and Moral Agency ................................................... Erin Talati 171 Slaying the Hydra: The History of Quack Medicine, the Obesity Epidemic and the FDA's Battle to Regulate Dietary Supplements Marketed as Weight Loss Aids ........................................................ Katharine A. Van Tassel 203 NOTES Physician Employee Non-Compete Agreements on the Examining Table: The Need to Better Protect Patients' and the Public's Interests in Indiana ....................... Kevin D. Koons 253 Kicking the Butt of Secondhand Smoke: Why Indiana Should Ban Smoking in Vehicles Carrying Mmors ............ .Jennifer L. Strange 291 The Awful Taste of Partially Hydrogenated Vegetable Oil: A Recommendation that Indiana Ban Trans Fats From Restaurants ........................ Andrew J. VanLandingham 325 More Bite Than Bark: The Legal and Social Consequences of Microchipping Individuals with Alzheimer's Disease ................................................... Elizabeth G. Currid 357 SYMPOSIUM INTERDISCIPLINARY APPROACHES TO MEDICAL NANOTECHNOLOGY: DEFINING THE ISSUES April IS, 2009 Transcript of the Live Symposium ...................................... Kody Varahramyan 385 2009 Kyle Salyers David Orentlicher Ralph Hall - Emily Morris Eleanor Kinney