Law Commons^™

A Free Appropriate Public Education: Examining What "Appropriate" Means For Students With Disabilities In A Global Pandemic, Bailey Kadian

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 31 (2021)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Over The Top: Judges, Lawyers, And Covid-19 Rhetoric, Jonathan L. Entin

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Environmental Health, Public Health, Or Individual Health? The Complications Of Using Eco-Labels For Food Governance, Steph Tai

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 31 (2021), Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

A Reliability Check On Expert Witness Testimony In Medical Malpractice Litigation: Mandatory Medical Simulation, Julie L. Campbell

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Perfluoroalkyl And Polyfluoroalkyl Substances: Using Law And Policy To Address These Environmental Health Hazards In The United States, Jennifer Black, Amanda Moreland, Montrece Mcneill Ransom, Emely Sanchez

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Proactive Remedies To Prevent Permanent Solutions: Enacting Narrowly Crafted Legislative Reform To Reduce Jail Suicides, Kathryn E. Meloni

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Applying Allina To The World Of Escobar: Avoiding “Traps, Zaps, And Zingers” In Medicare False Claims Actions, Sheva J. Sanders, Mara N. Sanders, Jessica C. Wheeler

Health Matrix: The Journal of Law-Medicine

No abstract provided.

What The Trump Administration Taught Us About The Vulnerabilities Of Epa’S Science-Based Regulatory Processes: Changing The Consensus Processes Of Science Into The Confrontational Processes Of Law, Bernard D. Goldstein

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Artificial Intelligence And Liability In Health Care, Frank Griffin

Health Matrix: The Journal of Law-Medicine

No abstract provided.

State Implementation Of Federal Environmental Laws, Doug Farquhar, Jessika M. Douglas, Brian A. Smith

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Mental Health Care Disparity: The Highs And Lows Of Parity, Julie Gabella

Health Matrix: The Journal of Law-Medicine

Outstanding Note of the Year (2020)

Would We Be Right To Try “Right To Try”?, José Miola, Bernadette J. Richards

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Mccarran-Ferguson Is Protecting The Wrong Health Care Entities, R. Chad Nelson

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Prenatal Tort Slippage, Mark Strasser

Health Matrix: The Journal of Law-Medicine

No abstract provided.

A Key To Clarity: How Clearinghouses May Improve Health Care, Anna F. Borromeo

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Ain’T No Laws When You’Re Producing Claws: How Inadequate Labeling Of Alcoholic Beverages Puts Consumers With Allergies At Risk, Audrey Quinn

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Off-Label Loophole In The Psychopharmacologic Setting: Prescription Of Antipsychotic Drugs In The Nonpsychotic Patient Population, Lisa E. Smilan

Health Matrix: The Journal of Law-Medicine

U.S. physicians have wide discretion in treating patients with off-label medications. Many consider off-label prescription essential in our country’s health care system, and it is wholly supported by FDA and federal courts. Assumptions about physicians’ expertise, judgments, and commitments to beneficence and nonmaleficence undergird laissez-faire policies that allow and support physicians’ novel and innovate uses of FDA-approved drugs for purposes and populations not studied in original, strictly regulated clinical trials. Though sometimes beneficial, off-label prescribing, which flourishes in privatepractice psychiatry, often harms scores of psychiatric patients. Frequently, potential harms are insufficiently disclosed to patients. In the public health sector, officials …

Essentially Elective: The Law And Ideology Of Restricting Abortion During The Covid-19 Pandemic, B. Jessie Hill

Faculty Publications

During the COVID-19 pandemic, several states adopted orders temporarily suspending elective surgeries and procedures. A subset of those states moved to limit abortions under those orders, provoking emergency litigation to keep abortion clinics open and functioning. No similar lawsuits have been necessary to protect access to other time-sensitive medical procedures. So why was abortion singled out for disparate treatment?

This Essay provides an overview of the litigation that ensued in the wake of some states’ attempts to limit abortion access under the authority of executive orders banning non-essential or elective procedures. It argues that abortion was singled out in two …

Specialty Drugs And The Health Care Cost Crisis, Sharona Hoffman, Isaac D. Buck

Faculty Publications

Specialty drugs, often dispensed by specialty pharmacies, are among the most expensive drugs on the market. They are significant contributors to the American health care cost problem, but in many ways they escape public and regulatory scrutiny. Surprisingly, medications are designated as specialty drugs by pharmacy benefit managers (PBMs), entities that are part of the insurance industry, rather than by the Food and Drug Administration or medical authorities.

Specialty drugs have thus far received little attention in the legal literature. Yet, they raise important legal and regulatory questions. For example, there are no federal government rules (and only a handful …

Competency To Decide For Another, Elyn R. Saks

Health Matrix: The Journal of Law-Medicine

Our topic is competency of a Substitute Decisionmaker (SubDM) to make a decision about medical treatment for another who is incompetent himself (the “ward”). While there is Competency to Decide for Another considerable literature on competency to decide for oneself, there is very little on competency to decide for another. Some studies look at a range of things that a SubDM needs to do —for example, seek information on what the ward has said—but there is none on how well a person must understand the relevant issues to be a competent SubDM.

The Paradoxes Of Defensive Medicine, Michael J. Saks, Stephan Landsman

Health Matrix: The Journal of Law-Medicine

For decades, “defensive medicine” has been the leading argument driving reforms of medical malpractice laws throughout the United States. Defensive medicine is the presumed practice of administering excessive tests and treatments as a stratagem for reducing healthcare providers’ risk of malpractice liability, despite the absence of any expected benefit for the patient. The practice is widely believed to exist throughout American healthcare as a response to fears of malpractice litigation, and thought to be enormously wasteful of healthcare dollars. In consequence, it has become a justification for law reforms insulating the healthcare industry from tort liability. These claims are promoted …

Why The United States Is Failing New Mothers And How It Can Counteract Its Rapidly Climbing Maternal Mortality Rate, Khouloude Abboud

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Of Mosquitoes And "Moral Convictions" In The Age Of Zika: How The Trump Administration's Gutting Of The Affordable Care Act's Contraceptive Mandate Jeopardizes Women's And Children's Health, Linda C. Fentiman

Health Matrix: The Journal of Law-Medicine

The Trump Administration’s efforts to undo the contraceptive mandate, a key component of the Affordable Care Act (ACA), threaten a major public health emergency, as well as the rule of law and separation of powers. The Trump Administration’s Rules greatly expand the grounds for exemption from the contraceptive mandate: they allow even publicly traded corporations to assert religious beliefs as a ground for exemption and exempt all employers except publicly traded corporations from compliance with the contraceptive mandate if they hold “moral convictions” in opposition to contraception. By denying women access to effective, affordable contraception, these Rules increase the odds …

Medical Aid In Dying By Telehealth, Konstantin Tretyakov

Health Matrix: The Journal of Law-Medicine

Medical aid in dying is a form of medical treatment recognized in several states and the District of Columbia and available to adult residents of those states who are competent and suffer from a terminal disease. Timely access to it is critical for qualifying patients. The article explores the possibility of facilitating access to medical aid in dying via telehealth—a method of providing health care remotely by means of electronic communication. Specifically, I analyze the feasibility of medical aid in dying by telehealth from clinical and legal perspectives. I also examine a relevant normative issue of the nature of in-person …

The Promise And Failures Of Children's Medicaid And The Role Of Medical-Legal Partnerships As Monitors And Advocates, L. Kate Mitchell

Health Matrix: The Journal of Law-Medicine

For decades we have known that access to early and preventive diagnosis and treatment can dramatically alter the course of a child’s life. Because of this knowledge, immediately after Congress enacted Medicaid, it created the Early and Periodic Screening, Diagnostic and Treatment, or EPSDT, program. EPSDT requires broad, holistic, and preventive care to correct or ameliorate health defects identified in Medicaid-eligible children. This coverage currently extends to 2 out of 5 children in the United States, and 47 percent of children with special health care needs. Because of the broad parameters of coverage mandated by EPSDT, Medicaid-eligible children should receive …

Where No One Can Hear You Scream: Regulating The Commercial Space Industry To Ensure Human Safety, Kurt Harris

Health Matrix: The Journal of Law-Medicine

Outstanding Note of the Year (2019)

23anddiverseme: Using Genetic Ancestry Tests To Establish Minority Status, Robert Karl

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Hipaa's Privacy Rule And State Privacy Laws: Roadblocks To Medical Organizations' Self-Policing Expert Medical Testimony, Miles J. Zaremski, Douglas M. Belofsky

Alumni Publications

As part of the wave of medical malpractice reforms over the last several decades, efforts were initiated to ensure the reliability and credibility of expert witness opinion and testimony, which is the sine qua non of necessary proof for any such claim or lawsuit. Governing bodies of professional medical organizations and societies have crafted rules and regulations for their members that wish to provide expert medical witness testimony. Where such testimony does not conform to these organizations’ standards, sanctions can be levied, including membership expulsion. Such self-policing has found favor with courts.

Before sanctions are imposed, however, necessary administrative investigations …