Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Health Law and Policy

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 8740

Full-Text Articles in Law

Law & Health Care Newsletter Jul 2018

Law & Health Care Newsletter

Law & Health Care Newsletter

No abstract provided.


End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright Jun 2018

End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright

Maryland Law Review

Autonomy is a central principle in many areas of health law. In the case of end-of-life decision-making law and policy, however, the principle of autonomy requires revision. On the whole, law conceptualizes autonomy at the end of life as an individual making private, personal decisions based solely on their interests and values, and independent of others. But ordinary people understand autonomous decisionmaking at the end of life differently, in a way that acknowledges the importance of their interpersonal relationships. Social science research has documented that strengthening relationships with others, sharing responsibility in the decision-making process with healthcare providers, and taking ...


Investment Spending And Gdp, Kevin Zaldivar Jun 2018

Investment Spending And Gdp, Kevin Zaldivar

Celebration of Learning

This study's mission is to give a modern day analysis to investment spending and to provide insight to the degree of impact certain investments have on our GDP. This should interest local,state,and federal policy makers as well as anyone who practices their civic duty.


 The Roots And Branches Of The Medical-Legal Partnership Approach To Health: From Collegiality To Civil Rights To Health Equity, Joel Teitelbaum, Ellen Lawton Jun 2018

 The Roots And Branches Of The Medical-Legal Partnership Approach To Health: From Collegiality To Civil Rights To Health Equity, Joel Teitelbaum, Ellen Lawton

Yale Journal of Health Policy, Law, and Ethics

This Article traces the roots of the medical-legal partnership (MLP) approach

to health as a way of promoting the use of law to remedy societal and institutional pathologies that lead to individual and population illness and to health inequalities. Given current forces at work - the medical care and public health systems' foctis on social determinants of health, the increased use of value-based medical care payment reforms, and the emerging movement to train the next generation of health care and public health professionals in structural competency - the time is ripe to spread the view that law is an important lens through ...


 Ethics Of Evidence: Health Care Professionals In Public Benefits And Immigration Proceedings, Jesselyn Friley Jun 2018

 Ethics Of Evidence: Health Care Professionals In Public Benefits And Immigration Proceedings, Jesselyn Friley

Yale Journal of Health Policy, Law, and Ethics

This Article discusses the role of health care professionals in applications for public benefits and immigration relief. Medical-legal partnerships (MLPs) often represent patients who are applying for disability or veterans benefits, or who are seeking asylum based on past persecution. The strength of a patient's medical evidence often determines whether their claim succeeds or fails. Many health care professionals provide corroborating evidence for their patients, but even when they do not, their opinions appear in the proceedings through medical records.


 Medical-Legal Partnerships With Communities: Legal Empowerment To Transform Care, Tamar Ezer Jun 2018

 Medical-Legal Partnerships With Communities: Legal Empowerment To Transform Care, Tamar Ezer

Yale Journal of Health Policy, Law, and Ethics

Medical-legal partnerships (MLPs) integrate legal services into health care settings to provide holistic care and address the social determinants of health. This article brings a legal-empowerment lens to MLP work, arguing for a stronger focus on communities. It examines the application to MLPs of bringing services to communities, investing in rights literacy, and partnering with community-based paralegals. It then outlines the potential for a transformation in health and legal services to a rights - rather than needs-based framework where communities are active partners in program design and development.


 A Mental Health Checkup For Children At The Doctor's Office: Lessons From The Medical-Legal Partnership Movement To Fulfill Medicaid's Promise, Yael Cannon Jun 2018

 A Mental Health Checkup For Children At The Doctor's Office: Lessons From The Medical-Legal Partnership Movement To Fulfill Medicaid's Promise, Yael Cannon

Yale Journal of Health Policy, Law, and Ethics

Traumatic childhood events and the stress they cause can negatively affect health over a lifetime. For children with Medicaid coverage, visits to the doctor's office present an opportunity to improve this trajectory. Medicaid's Early Periodic Screening Diagnostic and Treatment (EPSDT) mandate requires that children receive more than a basic physical when they see a doctor for regular "well-child checks."


Introduction To The Medical-Legal Partnership Symposium Issue, Susanna D. Evarts, Nathan Guevremont Jun 2018

Introduction To The Medical-Legal Partnership Symposium Issue, Susanna D. Evarts, Nathan Guevremont

Yale Journal of Health Policy, Law, and Ethics

Since the first medical-legal partnership (MLP) opened in 1993 at the Boston Medical Center, MLPs have increasingly become integrated into community health centers around the United States. And MLPs are in the business of growth: more than 300 MLPs are currently operating in the United States, and 59 percent of those are fewer than five years old. MLPs are collaborations between physicians and civil attorneys in which the attorneys are integrated into the health care team, and work with the patient to address civil legal needs that impact the social determinants of a patient's health.


Crispr/Cas-9 Technologies: A Call For A New Form Of Tort, Kendall Lovell Jun 2018

Crispr/Cas-9 Technologies: A Call For A New Form Of Tort, Kendall Lovell

San Diego International Law Journal

Once relegated to the domains of science fiction, modern day scientists and researchers are poised on the precipice of making genome editing clinically available. Once introduced into a clinical setting the effects of an off-target mutation or germline edit will remain largely unknown until health issues arise later in life or in the following generation. The novelty of the injuries that will arise require a system that is able to balance the interests of physicians with single and multi-generational plaintiffs, while providing a realistic framework for courts to follow. This comment offers a brand-new context that accounts for these needs ...


Khachaturova V. Rourke - Dismissal Of Injunction.Pdf Jun 2018

Khachaturova V. Rourke - Dismissal Of Injunction.Pdf

Khachaturova V. Rourke - Dismissal of Injunction

Khachaturova VsRourke - INJUNCTION DISMISSED Hearing CANCELLED. Khachaturova could not keep her lies straight. A complete waste of everyone's time. There is no permanent injunction and the post about this same matter on Santa Clara Law is a shameful attempt to tarnish Shaun Rourke's reputation.


Passing The Baton: The Effect Of The International Olympic Committee's Weak Anti-Doping Laws In Dealing With The 2016 Russian Olympic Team, Saroja Cuffey Jun 2018

Passing The Baton: The Effect Of The International Olympic Committee's Weak Anti-Doping Laws In Dealing With The 2016 Russian Olympic Team, Saroja Cuffey

Brooklyn Journal of International Law

Following the investigation of a Russian state-sponsored doping ploy prior to the Olympic Games in Rio 2016; the International Olympic Committee (IOC) decided against a blanket ban of the Russian Olympic team. Instead; it allowed athletes’ individual international federations to decide whether Russian athletes could compete. In following the various anti-doping laws in place; the IOC sought to protect and give justice to clean athletes around the world. This Note argues that they did not achieve this result; due to the anti-doping laws in place and the actors applying these laws. It suggests that there should be a universal anti-doping ...


Cold Genocide: Falun Gong In China, Maria Cheung, Torsten Trey, David Matas, Richard An Jun 2018

Cold Genocide: Falun Gong In China, Maria Cheung, Torsten Trey, David Matas, Richard An

Genocide Studies and Prevention: An International Journal

The article explores patterns of a cold genocide in the eradication campaign against Falun Gong. Falun Gong is a spiritual practice that has been targeted for eradication by the Chinese regime since 1999. In comparison to the documented cases of genocide, the genocide of Falun Gong stands out as anomalous because it is virtually ignored. The article seeks to elucidate the multi-faceted nature of this concealed genocide from an interdisciplinary perspective encompassing social work, medicine and law, In particular, the article demonstrates that the eradication campaign against Falun Gong is distinguishable as a cold genocide as it is: (1) multi-dimensional ...


Integration Of Complementary And Alternative Medicine Into The Healthcare System In The United States, Nikki Lu May 2018

Integration Of Complementary And Alternative Medicine Into The Healthcare System In The United States, Nikki Lu

Global Honors Theses

Chronic diseases are a prevalent issue around the world and chronic diseases are hard to prevent due to various systemic factors in the healthcare system. This paper mainly focused on socioeconomic issues and highlighted a few systemic factors in the US healthcare system. These factors have created various health disparities, inequities among socially constructed groups, and financial expenditures in the US healthcare system. Socioeconomic factors significantly impact the health and healthcare among socially constructed groups. Additionally, in this paper there are current approaches in addressing these healthcare factors such as social determinants of health and precision medicine as well as ...


The Burgeoning “Biorights Movement”: Its Legal Basis, What’S At Stake, And How To Respond, Mark A. Hayden May 2018

The Burgeoning “Biorights Movement”: Its Legal Basis, What’S At Stake, And How To Respond, Mark A. Hayden

Boston College Law Review

The advent of genetic and genomic technologies has the power to transform the understanding, prevention, and treatment of disease on a scale unprecedented in modern medicine. The promise of the era of precision medicine risks being tempered by the emergence of what is increasingly being referred to as the “biorights movement.” Of particular concern is the growing trend of individuals refusing to contribute their biological material to research studies absent some form of monetary compensation. Recently announced, but yet to be implemented, regulations seek to mitigate some of the potentially harmful and progress-impeding positions advanced by the biorights movement. The ...


Quarantine And The Federal Role In Epidemics, Michael R. Ulrich, Wendy K. Mariner May 2018

Quarantine And The Federal Role In Epidemics, Michael R. Ulrich, Wendy K. Mariner

SMU Law Review

Every recent presidential administration has faced an infectious disease threat, and this trend is certain to continue. The states have primary responsibility for protecting the public’s health under their police powers, but modern travel makes diseases almost impossible to contain intrastate. How should the federal government respond in the future? The Ebola scare in the U.S. repeated a typical response—demands for quarantine. In January 2017, the Department of Health and Human Services and the Centers for Disease Control and Prevention issued final regulations on its authority to issue Federal Quarantine Orders. These regulations rely heavily on confining ...


Two & A Half Parents: Three-Parent Ivf And Medical Malpractice In The United States, Jay M. Fulk May 2018

Two & A Half Parents: Three-Parent Ivf And Medical Malpractice In The United States, Jay M. Fulk

Concordia Law Review

Fertility medicine is seeing a rapid advancement with the emergence of a new procedure called three-parent in vitro fertilization (IVF). This novel procedure provides an opportunity for women who have defective mitochondria to bear their own healthy genetic children. As women encounter fertility issues, they will often turn to regular IVF by receiving an egg from a donor—ultimately resulting in a child with no genetic relation to the mother. Women with defective mitochondria will likely pass down a mitochondrial disease to their children, therefore, bearing a child without the assistance from a donor does not present a viable option ...


Fda Flip-Flops On Antibiotic Hazard, David A. Wirth May 2018

Fda Flip-Flops On Antibiotic Hazard, David A. Wirth

David A. Wirth

No abstract provided.


Fda On Food Additives And Salt, David A. Wirth May 2018

Fda On Food Additives And Salt, David A. Wirth

David A. Wirth

No abstract provided.


Rethinking Health Partnerships: Florida International University Herbert Wertheim College Of Medicine’S Medical-Legal Partnership, Natalie K. Castellanos, Nana Aisha Garba, Ebony Whisenant May 2018

Rethinking Health Partnerships: Florida International University Herbert Wertheim College Of Medicine’S Medical-Legal Partnership, Natalie K. Castellanos, Nana Aisha Garba, Ebony Whisenant

ICOT 18 - International Conference on Thinking - Cultivating Mindsets for Global Citizens

Medical-legal partnership is a healthcare innovation aimed at addressing social determinants of health by adding lawyers to the healthcare team. Florida International University’s Herbert Wertheim College of Medicine (HWCOM) is leading innovation in teaching social determinants of health, interprofessional education, and medical-legal collaboration by way of its flagship service-learning program, Green Family Foundation Neighborhood Health Education Learning Program. This poster will demonstrate how the medical-legal partnership approach to addressing social determinants of health is applied at HWCOM, and present data on how exposure to medical-legal partnership is impacting the thinking of HWCOM students. The poster will feature data from ...


Banning Abortion In Cases Of Down Syndrome: Important Lessons For Advances In Genetic Diagnosis, Rebecca Reingold, Lawrence O. Gostin May 2018

Banning Abortion In Cases Of Down Syndrome: Important Lessons For Advances In Genetic Diagnosis, Rebecca Reingold, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

In December 2017, Ohio passed into law legislation that prohibited physicians from performing abortions if the pregnant woman’s decision was influenced by her belief that the fetus has Down syndrome. Physicians who perform abortions in these cases would face fourth-degree felony charges and revocation of their medical license. No other state bans abortion specifically for Down syndrome, but several ban abortions in cases of genetic diseases. Lower courts have struck down most such laws, holding they violate the constitutional rights of women. In February 2018, a federal district court judge blocked enforcement of Ohio’s law pending a final ...


Should Legal Precedent Based On Old, Flawed, Scientific Analysis Regarding When Life Begins, Continue To Apply To Parental Disputes Over The Fate Of Frozen Embryos, When There Are Now Scientifically Known And Observed Facts Proving Life Begins At Fertilization?, Rita Lowery Gitchell May 2018

Should Legal Precedent Based On Old, Flawed, Scientific Analysis Regarding When Life Begins, Continue To Apply To Parental Disputes Over The Fate Of Frozen Embryos, When There Are Now Scientifically Known And Observed Facts Proving Life Begins At Fertilization?, Rita Lowery Gitchell

DePaul Journal of Health Care Law

No abstract provided.


Emerging Governance Of Mitochondrial Replacement Therapy: Assessing Coherence Between Scientific Evidence And Policy Outcomes, Katherine Drabiak May 2018

Emerging Governance Of Mitochondrial Replacement Therapy: Assessing Coherence Between Scientific Evidence And Policy Outcomes, Katherine Drabiak

DePaul Journal of Health Care Law

In the fall of 2016, media headlines reported news of several births of children born through “three parent IVF” or mitochondrial replacement therapy (MRT). MRT refers to an experimental procedure that entails removing the nuclear DNA from the mother’s egg or fertilized zygote and transferring it to a donor’s egg or fertilized zygote. This procedure constitutes a modification of the human germline, which has been prohibited by numerous declarations, directives, and laws promulgated by the United Nations, the Council of Europe, and other nations. In 2016, the Human Fertilisation and Embryology Authority in the United Kingdom was the ...


The Impact Of Sex And Gender On Innovation And Health Technology, Dima Elissa, Neelum Aggarwal, Natalie Ficek, Kyle Mitchell, Sophia Pribus May 2018

The Impact Of Sex And Gender On Innovation And Health Technology, Dima Elissa, Neelum Aggarwal, Natalie Ficek, Kyle Mitchell, Sophia Pribus

DePaul Journal of Health Care Law

No abstract provided.


Advancing Knowledge, Protecting Information: Precision Medicine And Population Health Research In Health Systems, Raj C. Shah, Alissa A. Bugh, Mary Jane Welch, Andrew Reeder May 2018

Advancing Knowledge, Protecting Information: Precision Medicine And Population Health Research In Health Systems, Raj C. Shah, Alissa A. Bugh, Mary Jane Welch, Andrew Reeder

DePaul Journal of Health Care Law

No abstract provided.


Essential Medicines Beyond Guilt Trips And Acta-Ing Up: A Global Pharmaforum For A New Era?, Veronica Pastor May 2018

Essential Medicines Beyond Guilt Trips And Acta-Ing Up: A Global Pharmaforum For A New Era?, Veronica Pastor

DePaul Journal of Health Care Law

No abstract provided.


Jury Trial Outcomes For Medical Malpractice Cases Involving Pulmonary Embolism, Frank Griffin May 2018

Jury Trial Outcomes For Medical Malpractice Cases Involving Pulmonary Embolism, Frank Griffin

DePaul Journal of Health Care Law

No abstract provided.


Judith Jarvis Thomson On Abortion; A Libertarian Perspective, Walter E. Block May 2018

Judith Jarvis Thomson On Abortion; A Libertarian Perspective, Walter E. Block

DePaul Journal of Health Care Law

Introduction:

Judith Jarvis Thompson, an eminent philosopher from MIT, has written the most widely cited article of all those ever written about abortion. She likens the fetus to a trespasser. Suppose you wake up in bed next to a famous violinist who is (innocently) connected to your kidney, through a sort of umbilical cord, without which he will die. What rights does he have? What obligations do you have? Using this brilliant analogy to pregnancy, she sheds light on the abortion controversy.

Method:

The method used in the present paper is to widely quote Thompson’s (1971) essay, and then ...


Ptsd In Military Service Members, Janelle M. Langan May 2018

Ptsd In Military Service Members, Janelle M. Langan

DePaul Journal of Health Care Law

No abstract provided.


“Talk And Die Syndrome” – The Medical And Legal Consequence Of An Intracranial Hemorrhage, Samuel D. Hodge Jr., Jack E. Hubbard May 2018

“Talk And Die Syndrome” – The Medical And Legal Consequence Of An Intracranial Hemorrhage, Samuel D. Hodge Jr., Jack E. Hubbard

DePaul Journal of Health Care Law

No abstract provided.


Fraud & The Medicaid Drug Rebate Program, Kyle Mitchell May 2018

Fraud & The Medicaid Drug Rebate Program, Kyle Mitchell

DePaul Journal of Health Care Law

No abstract provided.